Loading...
HomeMy Public PortalAboutCC Agenda Packet 01.16.2024 CITY COUNCIL CLOSED & REGULAR SESSION AGENDA Beaumont Financing Authority Beaumont Successor Agency (formerly RDA) Beaumont Utility Authority Beaumont Parking Authority Beaumont Public Improvement Authority Community Facilities Districts: 93-1, 2016-1, 2016-2, 2016-3, 2016-4 and 2019-1 Tuesday, January 16, 2024 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. Pages CLOSED SESSION A.CALL TO ORDER Mayor Fenn, Mayor Pro Tem Lara, Council Member Voigt, Council Member White, Council Member Martinez B.PUBLIC COMMENTS REGARDING CLOSED SESSION B.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): Carolyn DeRyke v. City of Beaumont, et. al. Riv. Co. Sup. Ct. Case No. CVRI2300070 B.2 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): Ezekwesili Iloputaife et. al. v. City of Beaumont, et. al. Riv. Sup. Ct. Case No.CVRI2105069. B.3 Conference with Legal Counsel Regarding Pending Litigation Pursuant to Government Code Section 54956.9(d)(1) One Case: Beaumont v PB 240, LLC; DTOUR Production, Inc.; Shanna Bottoni- Olive; Jamari Olive (Case No: CVRI 2305764) B.4 Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: North of Fifth Street, east of California Street (APN’s 418-091- 013, 014, 015 and 016). Agency Negotiator: City Manager Elizabeth Gibbs or her designee. Negotiating Parties: City of Beaumont as potential purchaser and Douglas Jones as potential seller. Under Negotiation: Price and terms. C.ADJOURNMENT TO CLOSED SESSION REGULAR SESSION D.CALL TO ORDER Mayor Fenn, Mayor Pro Tem Lara, Council Member Voigt, Council Member White, Council Member Martinez Report out from Closed Session Action on any Closed Session Items Action of any Requests for Excused Absence Invocation Pledge of Allegiance Adjustments to the Agenda Conflict of Interest Disclosure E.ANNOUNCEMENTS / RECOGNITION / PROCLAMATIONS / CORRESPONDENCE E.1 Recognition of Beaumont High School Football Coach Jeff Steinberg Page 2 of 330 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 Ordinances and Resolutions to be read by title only. G.1 Ratification of Warrants 7 Recommended Action: Ratify Warrants dated: December 14, 2023 December 20, 2023 January 4, 2024 G.2 Approval of Minutes 71 Recommended Action: Approve Minutes dated December 19, 2023. 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 Public Hearing and First Reading of an Ordinance Amending Beaumont Municipal Code Title of Chapter 12.16, Adding Chapter 12.18 and Amend 17.04 Overhead Utilities 86 Undergrounding of existing overhead utilities. Recommended Action: Hold a Public Hearing, and Waive the first full reading and approve by title only “An Ordinance of the City Council of the City Of Beaumont, California Amending the Title Of Chapter 12.16, Adding Chapter 12.18 and Amending Chapter 17.04 of the City Of Beaumont Municipal Code Concerning Requirements for Undergrounding of Existing Overhead Utilities Applicable to Discretionary Approvals Related to Land Use and Development”. I.2 Public Hearing and Consideration of a Resolution for the Third Amendment to the City’s Fiscal Year 2023/2024 – 2027/2028 Capital Improvement Plan 107 Approval of Resolution to amend the five-year Fiscal Year 2024-2028 Capital Improvement Plan (CIP). Recommended Action: Hold a Public Hearing, and Page 3 of 330 Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont Amending the Five-Year Capital Improvement Plan for Fiscal Years 2023/2024-2027/2028”. I.3 Public Hearing and First Reading of an Ordinance for the Periodic Review and Recommended Changes to Beaumont Municipal Code Chapter 13.21 Mobile Home Park Rent Stabilization 139 Consideration of Proposed Amendments to Beaumont Municipal Code Chapter 13.21 Mobile Home Park Rent Stabilization for the purposes of streamlining processes and consistency with State law. Recommended Action: Hold a Public Hearing, and Waive the first full reading and approve by title only, “An Ordinance of the City Council of the City of Beaumont California Amending Chapter 13.21 Mobile Home Park Rent Stabilization of the Beaumont Municipal Code”. J.ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. J.1 Downtown Business Incentive Program Marketing Options 189 Presentation of marketing options to promote the Downtown Business Incentive Programs. Recommended Action: Hold discussion and direct staff on the use of Downtown Incentive Program funds for advertising in an amount not to exceed $30,000. J.2 Update on the Wastewater Treatment Plant Site Improvements 218 Provide an update on the progress of the Wastewater Treatment Plant Site Improvements, including entry monument and landscaping. Recommended Action: Staff recommends City Council approve Site Plan Option #2 as presented. J.3 Parks and Community Services Master Plan – Quarterly Update of Capital Improvement Project P-17 234 Strategic Plan – Priority Level 2, Target 5, Goal 3. Recommended Action: Receive and file. J.4 Approve a Professional Services Agreement with Community Works Design Group (CWDG) for the Concept Plans and Construction Documents for Nicklaus Park and Palmer Park Dog Park in an Amount Not to Exceed $358,555 238 To award a contract for design services and construction documents for the Nicklaus Park (P-05) and Palmer Park (P-18) improvements. Recommended Action: Approve the Purchase Order for Community Works Design Group in the Page 4 of 330 amount of $358,555, and Authorize the City Manager to authorize any necessary change orders in an amount not to exceed $35,855, and Authorize the Mayor to execute the Professional Services Agreement for construction document and design services for CIP No. P-05 and CIP No. P-18. J.5 Advertising Program Proposal 294 Transit Advertising Program, Policy, and Rates. Recommended Action: Waive the full reading and adopt by title only, “A Resolution of the City Council of Beaumont Adopting the City of Beaumont Transit Advertising Program Including the City of Beaumont Transit Advertising Policy and Rates”. J.6 Approval of City Attorney Invoices for the Month of December 2023 307 Recommended Action: Approve invoices in the amount of $102,465.48. K.LEGISLATIVE UPDATES AND DISCUSSION L.ECONOMIC DEVELOPMENT UPDATE Economic Development Committee Report Out and City Council Direction M.CITY TREASURER REPORT Finance and Audit Committee Report Out and City Council Direction M.1 Treasurer Reports 326 N.CITY CLERK REPORT O.CITY ATTORNEY REPORT P.CITY MANAGER REPORT P.1 Parks Quarterly Update 329 P.2 Update of Truck Routes Analysis P.3 Update on Downtown Street Lighting P.4 Update on Potrero Interchange Phase II Project Q.FUTURE AGENDA ITEMS Assessment for the need for additional community center(s) (Future)• Annexation Agreement with the County (Future)• Level of Service Standards for Traffic Levels (March)• City Market Night (February)• R.COUNCIL REPORTS White Voigt Lara Fenn Page 5 of 330 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 February 6, 2024, at 6:00 p.m. unless otherwise posted. Page 6 of 330 Page 7 of 330 Page 8 of 330 Page 9 of 330 Page 10 of 330 Page 11 of 330 Page 12 of 330 Page 13 of 330 Page 14 of 330 Page 15 of 330 Page 16 of 330 Page 17 of 330 Page 18 of 330 Page 19 of 330 Page 20 of 330 Page 21 of 330 Page 22 of 330 Page 23 of 330 Page 24 of 330 Page 25 of 330 Page 26 of 330 Page 27 of 330 Page 28 of 330 Page 29 of 330 Page 30 of 330 Page 31 of 330 Page 32 of 330 Page 33 of 330 Page 34 of 330 Page 35 of 330 Page 36 of 330 Page 37 of 330 Page 38 of 330 Page 39 of 330 Page 40 of 330 Page 41 of 330 Page 42 of 330 Page 43 of 330 Page 44 of 330 Page 45 of 330 Page 46 of 330 Page 47 of 330 Page 48 of 330 Page 49 of 330 Page 50 of 330 Page 51 of 330 Page 52 of 330 Page 53 of 330 Page 54 of 330 Page 55 of 330 Page 56 of 330 Page 57 of 330 Page 58 of 330 Page 59 of 330 Page 60 of 330 Page 61 of 330 Page 62 of 330 Page 63 of 330 Page 64 of 330 Page 65 of 330 Page 66 of 330 Page 67 of 330 Page 68 of 330 Page 69 of 330 Page 70 of 330 CITY COUNCIL CLOSED & REGULAR SESSION MINUTES December 19, 2023 Closed Session: 5:00 PM Regular Meeting: 6:00 PM 550 E. Sixth Street, Beaumont, CA _____________________________________________________________________ CLOSED SESSION A. CALL TO ORDER at 5:00 p.m. Present: Mayor Fenn, Mayor Pro Tem Lara, Council Member Voigt, Council Member White (at 5:12 p.m.), Council Member Martinez B. PUBLIC COMMENTS REGARDING CLOSED SESSION None B.1 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.2 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.3 Conference with Legal Counsel Regarding Potential Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) One Potential Case Page 71 of 330 No reportable action B.4 Conference with labor negotiator pursuant to Government Code Section 54957.6. Agency negotiator: Administrative Services Director Kari Mendoza or her designee. Unrepresented Employee Position: City Manager No reportable action in Closed Session. In open session a motion was made. Motion by Council Member Voigt Second by Council Member Martinez To approve an amendment to the City Manager's contract to update the cafeteria plan benefit to match that of all other employees. Approved by a unanimous vote. B.5 Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: South of Cougar Way, West of Beaumont Avenue (APN 404-140-007). Agency Negotiator: City Manager Elizabeth Gibbs or her designee. Negotiating Parties: City of Beaumont as potential purchaser and Silva Family Trust and Bianchi Properties LTD as potential seller. Under Negotiation: Price and terms. No reportable action C. ADJOURNMENT TO CLOSED SESSION REGULAR SESSION D. CALL TO ORDER at 6:14 p.m. Present: Mayor Fenn, Mayor Pro Tem Lara, Council Member Voigt, Council Member White, Council Member Martinez Report out from Closed Session Action on any Closed Session Items Action of any Requests for Excused Absence Invocation Pledge of Allegiance Adjustments to the Agenda Conflict of Interest Disclosure E. ANNOUNCEMENTS / RECOGNITION / PROCLAMATIONS / CORRESPONDENCE E.1 GFOA Excellence in Financial Reporting Award Presentation E.2 Retirement of Lorenzo "Robert" Aceves E.3 CHP 10851 Award Page 72 of 330 F. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA) R. Rader - Representing the Boys and Girls Club, thanked Council and staff for their attendance at the Celebration of Life for Amy Herr. 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 Ordinances and Resolutions to be read by title only. Request to pull items G3 and G10 for questions. Motion by Mayor Pro Tem Lara Second by Council Member Voigt To approve items G1-G2, G4-G9 and G11. Approved by a unanimous vote G.1 Ratification of Warrants Ratify Warrants dated: November 30, 2023 December 7, 2023 G.2 Approval of Minutes Approve Minutes dated: December 5, 2023 Sp. Meeting December 5, 2023 December 7, 2023 Workshop G.4 Downtown Grease Trap Improvement Program – Funding Agreement – 271 E. Sixth Street Consideration of a Funding Agreement for installation of a grease interceptor at the property located at 271 E. Sixth Street. Approve the Funding Agreement with Anthony Colindres for Grease Trap Improvements for the property located at 271 E. Sixth Street. G.5 Downtown Grease Trap Improvement Program – Funding Agreement – 652 E. Sixth Street, Suite A Consideration of a Funding Agreement for installation of a grease interceptor at the property located at 652 E. Sixth Street, Suite A. Approve the Funding Agreement with Dora Cortez for Grease Trap Improvements for the property located at 652 E. Sixth Street, Suite A. G.6 Approval of Change Order No. 3 to the Public Works Agreement with Southern Contracting Company and Notice of Completion for the Programmable Logic Controller (PLC) Upgrade Construction (CIP 2019-010) Notice of Completion (NOC) for PLC Upgrade Construction - Capital Improvement Project 2019-010 (Project). Page 73 of 330 Authorize the City Manager to execute Change Order No. 3; and, Authorize the Mayor to execute a Notice of Completion for the PLC Upgrade Construction (CIP 2019-010). G.7 Resolution of the City Council of the City of Beaumont, California, Adopting the City of Beaumont Local Hazard Mitigation Plan Update Request to approve the resolution to Adopt the LocaI Hazard Mitigation Plan (LHMP) for the City of Beaumont. Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont Adopting the Local Hazard Mitigation Plan Annex to the Riverside County Operational Area Multi-Jurisdictional Local Hazard Mitigation Plan as Required by the Federal Disaster Mitigation and Cost Reduction Act of 2000”. G.8 FY2023 Local Agency Special Tax and Bond Accountability Act SB 165 Annual Report Receive and file the SB 165 annual report. Receive and file the SB 165 annual report. G.9 Request for Destruction of Retention Met Records Authorization to dispose of records that have met retention per the adopted retention schedule. Waive the full reading and adopt by title only, “A Resolution of the City of Beaumont Authorizing Destruction of Certain Records in Accordance with the Records Retention Schedule Adopted by City Council.” G.11 Fiscal Year 2023 Popular Annual Financial Report Receive and file the City’s Fiscal Year End 2023 Popular Annual Financial Report. Receive and file the City’s Fiscal Year End 2023 Popular Annual Financial Report. G.3 First Amendment to the Professional Services Agreement with The Retail Coach Proposed two (2) year extension to the professional services agreement with The Retail Coach for retail market analysis and ongoing economic development support. Motion by Council Member White Second by Council Member Voigt To go out to bid for these services and not approve the amendment. Approved by a unanimous vote G.10 Amendment to TUMF Reimbursement Agreement Amendment No. 1 to Transportation Uniform Mitigation Fee Program Agreement to Reimburse TUMF funds Potrero Boulevard Interchange PS&E Phase. Motion by Council Member Voigt Second by Mayor Pro Tem Lara Page 74 of 330 Authorize the Mayor to execute Amendment No. 1 to Transportation Uniform Mitigation Fee Program Agreement to Reimburse TUMF funds Potrero Boulevard Interchange PS&E Phase. Approved by a 4-1 vote Ayes: Martinez, Voigt, Lara, Fenn Noes: White Approved H. YOUTH COUNCIL REPORT No quorum at the recent meeting. Had a presentation from the Wastewater Treatment Plant Division. J. ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. J.3 Appointments to City Committees Appointments to Administrative Appeals Board, Financial and Audit Committee, Economic Development Committee and Parks and Recreation Committee. Public Comment R. Rader - Asked for consideration for the Financial Audit Committee Motion by Council Member White Second by Council Member Martinez To appoint as follows: Pedro Gutierrez to the Board of Administrative Appeals Von Lawson to the Economic Development Committee David Vanderpool to the Financial and Audit Committee Approved by a unanimous vote. Motion by Mayor Fenn Second by Council Member White To appoint Erick Bennett as the Parks and Recreation Sports League Rep Member and David Valdivia as the Alternate Ayes: White, Voigt, Fenn Noes: Martinez, Lara Motion passes with a 3-2 vote Motion by Council Member Voigt Second by Mayor Pro Tem Lara To appoint Guerena, Ploehn, and Shnur to the Parks and Recreation Resident Member Page 75 of 330 Approved by a unanimous vote Motion by Council Member White Second by Mayor Fenn To appoint Jodie Paulie as the alternate member of the Parks and Recreation Committee Ayes: White, Fenn Noes: Martinez, Voigt, Lara Motion fails 3-2 Motion by by Mayor Fenn Second by Council Member Voigt To appoint Dennis Salcedo as the alternate member of the Parks and Recreation Committee Approved by a unanimous vote J.1 Resolution Authorizing the Issuance of Community Facilities District No. 2021-1 (Fairway Canyon) Special Tax Bonds, Series 2024 (the “2024 Bonds”) Adopt a resolution authorizing the issuance of its Special Tax Bonds, Series 2024 in a principal amount not to exceed sixteen million dollars ($16,000,000) and approving certain documents and taking certain other actions in connection therewithin. Motion by Council Member Voigt Second by Mayor Pro Tem Lara To w aive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont, Acting as the Legislative Body of the City of Beaumont Community Facilities District No. 2021-1 (Fairway Canyon), Authorizing the Issuance of Its 2024 Special Tax Bonds, in an Aggregate Principal Amount Not to Exceed Sixteen Million Dollars ($16,000,000) and Approving Certain Documents and Taking Certain Other Actions in Connection Therewith”. Approved by a unanimous vote J.2 Spicer Consulting Group STAX Property Finder Presentation Spicer Consulting Group will be presenting their STAX Property Finder Application. Council Member White recused himself to avoid any perception of conflict of interest due to his employer and the software used. Receive and file presentation on the SCG STAX Property Finder Presentation. J.4 FY2023 Annual Comprehensive Financial Report and Report of Internal Control Over Financial Reporting Receive and file the FY2023 Annual Comprehensive Financial Report and all associated reports. Page 76 of 330 Motion by Council Member Martinez Second by Mayor Pro Tem Lara Receive and file the FY2023 Annual Comprehensive Financial Report and all associated reports. Approved by a unanimous vote J.5 Professional Services Agreement with Mark Thomas for the Potrero Interchange, Phase II (CIP 2016-003) Award a Professional Services Agreement (PSA) to Mark Thomas for the Potrero Interchange, Phase II (Phase II). Motion by Mayor Pro Tem Lara Second by Council Member White Award a Professional Services Agreement to Mark Thomas for the Potrero Interchange, Phase II Project in an amount not to exceed $2,724,388; and, Authorize the City Manager to amend the Professional Services Agreement with Mark Thomas up to an additional $408,658 (15%). Approved by a unanimous vote J.6 Adoption of an Updated Strategic Communications Plan for 2023-2026 The Strategic Communications Plan is a proactive approach serving as a roadmap for engagement and aligning messaging with the goals and mission of the City of Beaumont (City). By design, it enhances consistency, builds trust, and ensures information reaches the right audience at the right time. Direction to update the Strategic Communications Plan with the input from Council and bring back for a formal adoption. J.7 Discussion and Direction on the Community Benefit Fee in the Policy on Land Use and Sensitive Receptors (PLUS) Discuss and provide direction to staff on formalizing the Community Benefit Fee in the PLUS. Direct staff to amend the PLUS language as presented. J.8 Mayoral Appointments to Various Boards, Commissions and Committees Annual Appointments of City Council Members to City and outside agency boards, commissions and committees. Mayoral appointments of City Council members to various boards, commissions and committees. Page 77 of 330 *Provides Stipend Boards and Assigned Electeds Riverside Transit Agency * A collaboration of cities within the County of Riverside to discuss transportation within the County. Representative - Lara Alternate Representative - Fenn Meets the fourth Thursday of the month @ 2:00pm 1825 Third Street, Board Room, Riverside Transportation Now * Regional meeting of Transit providers and community advocates to discuss regional transit issues Representative - Fenn Alternate Representative - Voigt Meets the first Thursday of the month @ 12 noon 550 E 6th St, City Hall, Beaumont Riverside County Transportation Commission* Oversees transportation capital projects in the Western Riverside County. Representative - White Alternate Representative - Martinez Meets the Second Wednesday of the month at 9:30am 4080 Lemon Street, First Floor Western Riverside County Regional Conservation Authority A joint powers authority for the purpose of acquiring, administering, operating and maintaining land and facilities for ecosystem conservation Board Member - Martinez Alternate Board Member - Lara Meets the first Monday of the month at 12:30pm 4080 Lemon Street, First Floor Beaumont Cherry Valley Parks and Recreation District Operates parks and recreation centers in the Beaumont/Cherry Valley Area Liaison - Voigt Alternate Liaison - White Meets the second Wednesday of the month at 5:00pm 390 W. Oak Valley Pkwy, Beaumont Beaumont Cherry Valley Water District Water distribution for the Beaumont, Cherry Valley and a portion of Calimesa Liaison - White Page 78 of 330 Alternate Liaison - Martinez Meets the second Wednesday of the month at 7:00pm 560 Magnolia Ave, Beaumont Beaumont Unified School District Meeting for the Board of Trustees to discuss topics within the district. Liaison - Lara Alternate Liaison - Voigt Meets the second and fourth Tuesday of the month at 6:30pm 350 W. Brookside Ave, Beaumont Legislative Liaison Representation of Beaumont at Sacramento and Washington DC events. Representative - Fenn Alternate Representative – Lara Collaborative Agency A joint meeting between agencies within the City to collaborate on events and issues, initially started as an emergency operations agency. Representative - Voigt Alternate Representative – Martinez Meets the first Wednesday every two months at 5:00 p.m. City Manager and Mayor’s Breakfast A joint meeting between the Mayors and City Mangers of Banning, Beaumont, Morongo, Calimesa and Riverside County Supervisor. Mayor Fenn_ Representative City Manager, Elizabeth Gibbs – Representative Meets the first Thursday of the month at 7:00am Eastern Riverside County Interoperable Communications Authority (ERICA) Joint Powers authority of cities regarding radio communications Representative – White Kari Mendoza – Board Member Meets on the even months at 2:00 68700 Avenida Lalo Guerrero, City Hall, Cathedral City Page 79 of 330 1 Southern California Association of Governments* Joint Powers Authority under State Law to address regional issues Representative - Fenn Alternate - Lara Meets on the first Thursday of the month 818 West 7th Street, 12th Floor, Los Angeles League of California Cities Association of California City Officials to combine resources and information to influence policy Voting Delegate - White Alternate - Fenn Rotating locations Memorial Committee Committee to oversee the City memorials (i.e Police and Fire Memorial, Veteran’s Memorial) Committee Member - Lara Alternate Committee Member – Voigt Meets on an as‐needed basis 550 E 6th St, City Hall, Beaumont Finance and Audit Committee Promotes enhanced fiscal responsibility, accountability, integrity and transparency. Committee Member/Council Member - Martinez Committee Member/Council Member - Voigt Meets the first Monday of the month at 6:00pm 550 E 6th St, City Hall, Beaumont Economic Development Committee Evaluate and provide advice and recommendations to the City Council concerning Economic Development matters. Committee Member/Council Member - Voigt Committee Member/Council Member - White Meets the second Wednesday of the month at 4:00pm 550 E 6th St, City Hall, Beaumont Page 80 of 330 2 Western Riverside Council of Governments* Comprised of cities in Riverside County to discuss regional issues Committee Member/Council Member - Lara Alternate Member/Council Member - White Meets the first Monday of the month at 2:00pm 4080 Lemon St, County of Riverside Administrative Building, Riverside Water Re-Use Ad-Hoc 2x2 Committee Collaborative meeting with the Beaumont Cherry Valley Water District to discuss logistics of re-use water from the Treatment Plant Committee Member/Council Member - White Committee Member/Council Member - Martinez BCVWD Board Member BCVWD Board Member Meets on an as needed basis 550 E 6th ST., City Hall, Beaumont Passcom Board Member - Fenn Alternate Board Member - Lara Meets on the 2nd Tuesday of the month at 8:30am Four Seasons Meeting Room at Main Clubhouse Beaumont Basin Watermaster Board Liaison - White Meets on the 1st Wednesday of even months at 10:00 am 560 Magnolia Ave. Beaumont Memorial Ad-Hoc Committee Council Member - Lara Alternate - Voigt Meets as needed 550 E 6th Street Beaumont City Hall Youth Council Council Member - Martinez Alternate – Voigt Meets on the 2nd Tuesday of each month (September – June) at 4:00pm 550 E 6th Street Beaumont City Hall Page 81 of 330 3 Policy on Land Use (PLUS) Committee Council Member - Martinez Council Member – White Meets as needed 550 E 6th Street Beaumont City Hall Cherry Festival To be a point of contact for the Cherry Festival Assoc and attend meetings as necessary Liaison – White Alternate - Voigt Meets on the first Wednesday of each month (weekly in May) 1310 Oak Valley Parkway (CRC) San Gorgonio Pass Regional Water Alliance Collaborative committee to manage water resources on a regional scale Liaison - Fenn Meets the fourth Wednesday every other month at 5:00pm 99 East Ramsey St., Banning San Gorgonio Pass Water Agency Board of elected directors to discuss regional water needs Liaison – White Meets the second and fourth Monday of each month at 1:30 p.m. 1210 Beaumont Ave Beaumont Library District To be the point of contact for the Board of Trustees and attend meetings as necessary Liaison – Martinez Alternate – Voigt Meets on the fourth Thursday of each month at 6:30 p.m. 125 E. 8th Street Parks and Recreation Committee To discuss the Parks Master Plan and park uses throughout the City Council Member - White Alternate – Lara Meets on the fourth Monday on a quarterly basis at 4:00 p.m. 550 E 6th St, City Hall, Beaumont Page 82 of 330 4 San Gorgonio Integrated Regional Water Management Region Stakeholder Advisory Committee To inform the San Gorgonio Water Management Group of regional needs, goals and strategies Council Member - Fenn Alternate – Meets on Wednesdays at 2:00 p.m. 99 E. Ramsey, Banning City Hall HR Sub-Committee Meets on an as-needed basis for employee MOU negotiation Council Member - Voigt Council Member - Fenn Meets at City Hall J.9 Utility Undergrounding Discussion Discuss amending Beaumont Municipal Code (BMC) to establish a Utility Undergrounding Requirements section. Motion by Council Member White Second by Mayor Martinez To d irect staff to advertise for a public hearing and proceed with amending the Beaumont Municipal Code; Establish an exemption to undergrounding utilities in excess of 34.5 kV; Establish an exemption to undergrounding utilities for parcels having a project width less than 300 feet and require an in-lieu fee for future undergrounding via Capital Improvement Program (CIP); and, Establish a waiver process for applicants to petition City Council to pay in-lieu fees for otherwise non-exempt projects. Approved by a unanimous vote J.10 Approval of City Attorney Invoices for the Month of November 2023 City Attorney Pinkney recused on this item. Motion by Council Member Voigt Second by Mayor Pro Tem Fenn Approve invoices in the amount of $122,806.51. Page 83 of 330 5 Approved by a unanimous vote K. LEGISLATIVE UPDATES AND DISCUSSION L. ECONOMIC DEVELOPMENT UPDATE Report out from the recent meeting. M. CITY TREASURER REPORT N. CITY CLERK REPORT No report O. CITY ATTORNEY REPORT No report P. CITY MANAGER REPORT Announced upcoming City Hall closures and cancellation of January 2, 2024 meeting. Q. FUTURE AGENDA ITEMS • Assessment for the need for additional community center(s) (Future) • Annexation Agreement with the County (Future) • Marketing of Downtown Renovation on Billboards (January) • Level of Service Standards for Traffic Levels (January) • City Market Night (January) R. COUNCIL REPORTS Martinez - Gave a report out from the PLUS Committee and Youth Council. Voigt - Attended the Blizzard Bash and the light parade and thanked staff. Page 84 of 330 6 Attended the Cal Cities meeting. Lara - Attended the RTA meeting and wished happy holidays. White - Gave a report out from the RCTC meeting and the Shop with a Cop event. Fenn - Attended the Morongo groundbreaking, 7-11 ribbon cutting, Shop with a Cop, Blizzard Bash, a Four Seasons event, PLUS Committee, Parks and Rec Holiday Luncheon, San Gorgonio Pass Water Agency Meeting. Upcoming Veterans Expo Jan 20 and Chamber Luncheon on Jan 19. S. ADJOURNMENT at 10:59 p.m. The next regular meeting of the Beaumont City Council, Beaumont Financing Authority, the Beaumont Successor Agency (formerly RDA), the Beaumont Utility Authority, the Beaumont Parking Authority and the Beaumont Public Improvement Agency is scheduled for Tuesday January 16, 2024, at 6:00 p.m. unless otherwise posted. Page 85 of 330 Staff Report TO: City Council FROM: Robert Vestal, Public Works Director DATE January 16, 2024 SUBJECT: Public Hearing and First Reading of an Ordinance Amending the Beaumont Municipal Code Title of Chapter 12.16, Adding Chapter 12.18 and Amending Chapter 17.04 Description Undergrounding of Existing Overhead Utilities. Background and Analysis: The Beaumont Municipal Code (BMC) has two sections that discuss undergrounding of utilities: Chapter 12.16 - Utility Undergrounding and Chapter 17.04.100 – Utilities. Chapter 12.16 - “Utility Undergrounding” provides the City the ability to create Underground Utility Districts, levy an assessment of the cost to underground the existing utilities against the property owners, and perform the undergrounding of utilities within the district. There are currently four Utility Undergrounding Districts within Beaumont.  Resolution 1978-35: District 101 -Area near Highland Springs and Sixth Street  Resolution 1989-01: District 89-1 - Area along Sixth Street, between American and Allegheny  Resolution 1998-27: Along an 880 feet portion Brookside Avenue and 1,940 feet portion of Beaumont Avenue  Resolution 2005-31: District 2 - Beaumont Avenue between Eighth Street and I- 10 Freeway Chapter 17.04.100 – “Utilities” establishes the requirements of new and existing utilities associated with the development of a project. 17.04.100(B) specifically identifies undergrounding of utility lines having 16 kilovolts or less. However, Chapter 17.04.100 does not explicitly state that existing poles must be undergrounded which provides opportunity for challenges. Additionally, Chapter 1 7.04.100 is located in the Zoning section of the BMC. City staff is requesting the following changes to the BMC: Page 86 of 330 1. Chapter 12.16 - “Utility Undergrounding” be renamed to “Utility Undergrounding Districts” to more clearly reflect its application. 2. Add Chapter 12.18 – “Utility Undergrounding Requirements” to incorporate the City’s policies requiring the conversion of existing overhead utilities into new underground systems as a condition related to the City’s approval for land use and development applications and permits. 3. Amend the Zoning Code in section 17.04.100 – “Utilities” to clarify the City’s requirements applicable to both the undergrounding of existing overhead utilities and the installation of new underground utility systems as a condition relate d to approvals for land use development applicants. Proposed Chapter 12.18 – Undergrounding of Existing Overhead Utilities Chapter 12.18 – “Undergrounding of Existing Overhead Utilities” will establish uniform provisions for the regulation of requiring conversions of existing overhead utility systems into new underground systems. The chapter will be divided accordingly:  12.18.010 – Purpose and Authority  12.18.020 – Definitions  12.18.030 – Requirements to Underground Existing Overhead Utility Lines  12.18.040 – Application to Developments and Improvements  12.18.050 – Utility Assessment Form  12.18.060 – Exempted Utility Devices  12.18.070 – Exemption and Deferral of Certain Improvements  12.18.080 – Wavier and Deferral  12.18.090 – Appeals Requirements The requirement to underground existing overhead utilities will be imposed on each and every permit required from the City for development or improvement of private property. Existing overhead utility lines located on, extending across, or located adjacent to private property, including those overhead utility lines located along the perimeter of private property within public rights-of-way of City streets bordering private property, shall be placed underground into new underground systems. Existing overhea d utility lines shall be placed underground on the property subject to the development or improvement as follows: Page 87 of 330 A. Except as otherwise provided in this subsection, the existing overhead utility lines shall be placed into a new underground system located al ong the entire frontage of the subject property from boundary line to boundary line as depicted in Figure C-1; B. Whenever a utility pole is located on the frontage of the subject property and within five feet of its boundary line, existing utility pole may remain to be used as a riser with the existing overhead utility lines placed underground into a new underground system located along the frontage of the property from boundary line to the existing utility pole except for that distance of five feet or less between the utility pole and the other boundary line as depicted in Figure C-2; C. Whenever an existing utility pole is located within one hundred fifty (150) feet of a boundary line of the subject property, the existing overhead utility lines shall be placed into a new underground system located along the entire frontage of the subject property from boundary line to boundary line and from one of the boundary lines to the existing utility pole as depicted in Figure C-3. Whenever a utility pole is located more than one hundred fifty (150) feet from a boundary line of the subject property, a new utility pole may be installed at one boundary line of the subject property and the existing overhead utility lines shall be placed into a new underground system along th e entire frontage of the subject property from one boundary line to the newly installed utility pole as depicted in Figure C-3; D. In the event that the subject property is located on a corner where two streets intersect, the existing overhead utility lines shall be placed into a new underground system extending across one or both of the streets to the next existing utility pole provided that the utility pole is within one hundred fifty (150) feet of one of the boundary lines of the subject property as depict ed in Figure C-4. Page 88 of 330 Exemptions The following existing overhead utility lines shall be exempted from the requirement to be placed underground as otherwise required in this chapter: Page 89 of 330 A. Existing overhead utility lines operated at voltages in excess of thirty-four thousand five hundred volts (> 34.5 kV); B. In residential in-fill areas where property is to be developed for residential purposes where existing overhead utility lines are located along or near the rear property lot lines of the subject property to be developed and where those existing overhead utility lines provide service to adjoining residential properties that are not the subject of the development or improvement; C. Appurtenances and associated equipment including, but not limited to, surface mounted transformers and switches, pedestal mounted terminal boxes and meter cabinets which may be left in place above ground; D. Improvements to an existing commercial or industrial building where the improvement increases the building footprint or total square footage by less than 300 square feet, ref BMC 17.11.050(A); E. Improvements to an existing residential building where the improvement increases the building footprint or total square footage by less than twenty- five percent (25%), ref BMC 17.11.050(A). F. Whenever the owner or developer of a subject property is required to underground existing overhead utility lines but the length of the property frontage is less than three hundred (300) feet, the City may allow the owner or developer to pay a fee to the City that is equal to the unit cost of placing the existing overhead utility lines underground, multiplied by the length over which the undergrounding is required. 34.5kV Threshold Current BMC Chapter 12.16 - “Utility Undergrounding” has an exemption from undergrounding utility lines that exceed 34.5 kilovolts (kV). Chapter 17.04.100 – “Utilities” has an exemption from undergrounding utility lines that exceed 16 kV. City staff conducted a survey of twenty-eight surrounding cities’ kV exemptions. Twelve cities use approximately 34.5 kV. Only Beaumont and Rialto have lower kV exemptions. The remaining cities do not list the kV. The following table show the results of the survey: Page 90 of 330 City Code Section kV Requirement Waiver? Banning 17.24.170 <33 kV No Beaumont 17.04.100 <=16 kV No Calimesa 17.15.140 <=34.5 kV Yes - City Engineer Cathedral City 8.30.050 Not specified No Chino 13.32 <=34.5 kV Listed exceptions Coachella 16.28.150 Not specified Yes - City Council Corona 15.60 <34 kV Yes - City Council Fontana 27-50 to 27-54 <36 kV Listed exceptions Hemet 82-172 <=34.5 kV Yes - City Engineer Highland 16.40.380 <=34.5 kV Listed exceptions Indio 156.106 Not specified Yes - PW Director La Quinta 13.24.110 Not specified Yes - City Manager Menifee 9.23 Not specified Yes - varies Moreno Valley 9.14.130 <115 kV Yes - City Engineer Norco 13.08 <40 kV Yes -City Council Ontario 7-7 <=34.5 kV Listed exceptions Palm Desert 12.16.020, 25.40.120 <=16 kV Listed exceptions Palm Springs 8.04.402, 9.60.030 <35 kV ; <=33 kV Yes - City Engineer Perris 19.02.070 Not specified No Pomona 62-31 Not specified Listed exceptions Rancho Cucamonga 16.36.090 PUC exempted Yes - City Council Rancho Mirage 12.16.010 Not specified No Redlands 17.17.020 Not specified Yes - Approving Body Rialto 15.32 <=16 kV Yes - varies Temecula 15.04.090 <34 kV Yes - Planning Commission San Bernardino 19.30.110 <33 kV Listed exceptions San Jacinto 15.32 <66 kV Listed exceptions Yucaipa 83.041120 Not specified If <4 poles removed Waiver If an owner or developer who is the applicant of a land use or development application believes that the undergrounding requirement is impractical and will cause practical difficulties and unnecessary hardship due to certain topographical conditions, street configurations, underground obstacles, soil, water or other natural conditions which would make the placement of existing overhead utilities into new underground systems Page 91 of 330 unreasonable, the owner or developer shall provide such notice of intent to pursue a waiver with the Utility Assessment Form required by Section 12.18.050. The burden is imposed on the owner or developer to provide sufficient justification for a waiver to be considered by the City Council. The waiver, if requested, shall be considered prior to the time the approval authority considers the land use or development application. If such waiver is granted, the City may require the owner or developer to pay an in lieu fee. Fiscal Impact: The cost of preparing the staff report is estimated to be $1,000. Recommended Action: Hold a Public Hearing, and Waive the first full reading and approve by title only “An Ordinance of the City Council of the City of Beaumont, California Amending the Title Of Chapter 12.16, Adding Chapter 12.18 and Amending Chapter 17.04 of the City Of Beaumont Municipal Code Concerning Requirements for Undergrounding of Existing Overhead Utilities Applicable to Discretionary Approvals Related to Land Use and Development”. Attachments: A. Ordinance B. Proof of Publication Page 92 of 330 ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING THE TITLE OF CHAPTER 12.16, ADDING CHAPTER 12.18 AND AMENDING CHAPTER 17.04 OF THE CITY OF BEAUMONT MUNICIPAL CODE CONCERNING REQUIREMENTS FOR UNDERGROUNDING OF EXISTING OVERHEAD UTILITIES APPLICABLE TO DISCRETIONARY APPROVALS RELATED TO LAND USE AND DEVELOPMENT WHEREAS, the City has implemented policies requiring the conversion of existing overhead utilities into underground systems for many years as a condition related to approvals for land use and development applications; and WHEREAS, the City’s consistent practice to implement polices requiring the undergrounding of existing utility poles, overhead utility lines and related transmission devices serves the public health, safety and welfare in the following respects: a) Undergrounding of existing overhead utilities eliminates potential hazards to life and property in the event of emergencies or disasters such as earthquakes, fires, floods, hazardous or toxic waste releases, rains, and riots; b) Undergrounding of existing overhead utilities facilitates the delivery of emergency services to persons and property located adjacent to the public right-of-way; c) Undergrounding of existing overhead utilities improves or increases the accessibility of the public right-of-way for such public uses as pedestrian travel, ease of deliveries to adjacent property, and landscaping treatments; d) Undergrounding of existing overhead utilities eliminates the threat of downed powerlines and the resulting fires that can be caused by high winds. e) Undergrounding of existing overhead utilities enhances the appearance of the City and eliminates cluttered and obstructed views WHEREAS, the City Council desires to clarify the provisions related to and applicability of undergrounding of existing overhead utilities on approvals of applications and permits related to land use and development as identified in the Beaumont Municipal Code; and WHEREAS, the City has proposed to amend the title of Chapter 12.16 to more clearly reflect its application to “Utility Undergrounding Districts;” and WHEREAS, the City has proposed to add Chapter 12.18 “Utility Undergrounding Requirements” to incorporate the City’s policies requiring the conversion of existing overhead utilities into new underground systems as a condition related to the City’s approvals for land use and development applications and permits; and Page 93 of 330 WHEREAS, the City has proposed to amend the City’s Zoning Code in Section 17.04.100 “Utilities” to clarify the City’s requirements applicable to both the undergrounding of existing overhead utilities and the installation of new underground utility systems as a condition related to approvals for land use and development applications; and WHEREAS, duly noticed public hearing to consider the amendment to the City’s Zoning Code was conducted on this matter as required by law by the Planning Commission on XXXX; and WHEREAS, the Planning Commission recommends that the City Council approve the proposed amendment to Section 17.04.100 of the Zoning Code; and WHEREAS, following the Planning Commission’s recommendation, the City Council has approved the amendment to Section 17.04.100 of the Zoning Code in addition to the amendments of and additions to Title 12 of the Municipal Code; and WHEREAS, duly noticed public hearing was conducted on this matter as required by law by the City Council on XXXX; and WHEREAS, the City Council of the City of Beaumont has reviewed the reasons for the amendments and additions to the Municipal Code as described above. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES FIND AND ORDAIN AS FOLLOWS: SECTION 1: The title to Chapter 12.16 of the Beaumont Municipal Code from “Utility Undergrounding” is hereby amended to read: “Utility Undergrounding Districts” is hereby approved. SECTION 2: Title 12 of the Beaumont Municipal Code is hereby amended to include a new Chapter 12.18 entitled “Undergrounding of Existing Overhead Utilities” to read as specifically set forth in Exhibit “A”, which Exhibit is attached hereto and made a part hereof. SECTION 3: The City Council hereby finds that the amendment to Title 12 of the Beaumont Municipal Code to include a new Chapter 12.18 entitled “Undergrounding of Existing Overhead Utilities” is consistent with the adopted policies in the Beaumont Municipal Code and the General Plan of the City of Beaumont. SECTION 4: Section 17.04.100 entitled “Utilities” is hereby amended in its entirety to read as specifically set forth in Exhibit “B”, which Exhibit is attached hereto and made a part hereof. SECTION 5: The City Council hereby finds that the amendment to Section 17.04.100 entitled “Utilities” is consistent with the adopted policies in the Beaumont Municipal Code and the General Plan of the City of Beaumont. SECTION 5: The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15060(b)(3), as Page 94 of 330 CEQA review is not required because there is no possibility that this Ordinance may have a significant effect upon the environment and the proposed text amendments constitute a minor alteration in a land use limitation under CEQA Guidelines Section 15305, and such a land use limitation is a permissible exercise of the City’s zoning powers. SECTION 6: The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced. SECTION 7: The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 36937. MOVED AND PASSED upon first reading and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the XX day of XXXXX, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED upon second reading at a regular meeting of the City Council of the City of Beaumont, California, held on the XX day of XXXXX, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: David Fenn, Mayor Attest: Nicole Wheelwright, Deputy City Clerk Approved as to form: Page 95 of 330 John O. Pinkney, City Attorney Page 96 of 330 EXHIBIT “A” Chapter 12.16 Utility Undergrounding Districts Chapter 12.18 “Undergrounding of Existing Overhead Utilities ” 12.18.010 – Purpose and authority. This chapter establishes uniform provisions and regulations requiring conversion of existing overhead utility systems into new underground systems applicable to approvals granted by the City in accordance with Title 17 of the Beaumont Municipal Code and other applicable sections of the Beaumont Municipal Code relating to land use development applications and permits for development of private property. It is the intent of this chapter to set forth and clarify the City’s requirements for undergrounding of existing overhead utilities on, and adjacent to, property subject to land use development or permit applications to further the City Council’s legislative purpose of protecting the public health, safety and welfare through the absence of utility poles, overhead utility lines and related transmission devices in the following respects: a) Undergrounding of existing overhead utilities eliminates potential hazards to life and property in the event of emergencies or disasters such as earthquakes, fires, floods, hazardous or toxic waste releases, rains, and riots; b) Undergrounding of existing overhead utilities facilitates the delivery of emergency services to persons and property located adjacent to the public right-of-way; c) Undergrounding of existing overhead utilities improves or increases the accessibility of the public right-of-way for such public uses as pedestrian travel, ease of deliveries to adjacent property, and landscaping treatments; d) Undergrounding of existing overhead utilities eliminates the threat of downed powerlines and the resulting fires that can be caused by high winds; e) Undergrounding of existing overhead utilities enhances the appearance of the City and eliminates cluttered and obstructed views 12.18.020 – Definitions. Whenever in this chapter the words or phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions. A. “Development” means a project seeking or receiving City approvals related to land use and development in accordance with Title 17 of the Beaumont Municipal Code or other sections of the Beaumont Municipal Code requiring City permits to allow for the improvement to private property; construction of new or expansion of existing residential, commercial, industrial or other buildings; residential subdivisions; and other projects requiring City land use and development approvals. B. “Improvement” means any addition or modification to an existing building or other structure on private property subject to City land use and development permits or other permits. C. “Permit” means any permit sought to be issued by the City, or any of its officials, as a Page 97 of 330 prerequisite to the development or improvement of private property within the City, including, but not limited to, any building permit, conditional use permit, plot plan approval, grading permit, occupancy permit, site approval, subdivision approval or variance. D. “Utility line” means any utility line necessary, convenient or required for the transmission of energy or transmission of any communication signal to or from any property within the City, including cable television, electrical, telephone, fiber optic and other energy or communication devices such as lines, poles, transformers and related devices. 12.18.030 – Requirement to underground existing overhead utility lines. A. Existing overhead utility lines located on, extending across, or located adjacent to private property, including those overhead utility lines located along the perimeter of private property within utility easements and public rights-of-way of City streets overlying or bordering private property, shall be placed underground into new underground systems as required pursuant to this chapter. B. The requirement to place underground existing overhead utility lines shall be imposed on each and every permit or development required from the City for the development or improvement of private property within the City as required pursuant to this chapter. C. The requirement to underground existing overhead utility lines shall be performed by the owner and the developer of the property seeking its development or improvement, a permit or any construction thereon, at the owner’s and developer’s sole expense. The owner and developer shall arrange for the placement of existing overhead utility lines into a new underground system with the applicable utility company including the processing of any applications, permits, payment of any fees or expenses, the submission and approval of any plans and the coordination of said undergrounding with the City Engineer as required by the Beaumont Municipal Code where such undergrounding is located within utility easements or public rights-of-way. D. Existing overhead utility lines shall be placed underground on the property subject to the permit, development or improvement as follows: a. Except as otherwise provided in this subsection, the existing overhead utility lines shall be placed into a new underground system located along the entire frontage of the subject property from boundary line to boundary line as depicted in Figure C-1. b. Whenever a utility pole is located on the frontage of the subject property and within five feet of the subject property’s boundary line, such existing utility pole may remain to be used as a riser with the existing overhead utility lines placed underground into a new underground system located along the frontage of the property from boundary line to the existing utility pole except for that distance of five feet or less between the utility pole and the other boundary line as depicted in Figure C-2. c. Whenever an existing utility pole is located within one hundred fifty (150) feet of a Page 98 of 330 boundary line of the subject property, the existing overhead utility lines shall be placed into a new underground system located along the entire frontage of the subject property from boundary line to boundary line and from one of the boundary lines to the existing utility pole as depicted in Figure C-3. Whenever a utility pole is located more than one hundred fifty (150) feet from a boundary line of the subject property, a new utility pole shall be installed at one boundary line of the subject property and the existing overhead utility lines shall be placed into a new underground system along the entire frontage of the subject property from one boundary line to the newly installed utility pole as depicted in Figure C-3. d. In the event that the subject property is located on a corner where two streets intersect, the existing overhead utility lines shall be placed into a new underground system extending across one or both of the streets to the next existing utility pole provided that the utility pole is within one hundred fifty (150) feet of one of the boundary lines of the subject property as depicted in Figure C-4. Page 99 of 330 E. No certificate of occupancy or final approval shall be issued for any property the e development or improvement of which requires the undergrounding of existing overhead utility lines unless and until compliance with this chapter shall have been accomplished to the satisfaction of the City. 12.18.040 – Application to permits, developments and improvements. The requirement to underground existing, overhead utility lines created and imposed by this chapter shall apply to private property within the City whose owner or developer requires a permit from the City or who is proposing a development of the property for residential, commercial, or industrial purposes, unless otherwise exempt in accordance with Section 12.18.070. 12.18.050 – Utility assessment form. A. Upon an application for any permit or development from the City to develop or improve private property, the owner or developer shall submit a utility assessment form without which the permit application shall be incomplete and ineligible for action by the City. The utility assessment form shall require the following information: 1. The name, address and telephone number of the developer and owner; 2. The location of the property, public rights of way and utility easements and their legal description and depiction; 3. The nature of the proposed development or improvement; 4. A statement from each applicable utility company serving the property containing a general description of the existing overhead utility lines to be placed underground and an estimated cost thereof. In the absence of a cost estimate provided by the applicable utility company, the owner or developer shall provide an estimate prepared by its utility consultant using most current data available. 5. If applicable, a statement by the owner or developer indicating its intent to pursue deferral of the obligation in accordance with section 12.18.070(G) or 12.18.080. 6. If applicable, a statement by the owner or developer indicating its intent to pursue waiver of the obligation in accordance with section 12.17.070 or 12.18.080. 7. Any other information required by the City to implement the purposes and requirements of this chapter. B. The City shall review the utility assessment form in order to identify the existing overhead utility lines required for placement underground unless otherwise exempted in accordance with Section 12.18.060. However, the presumption shall be that all existing overhead utility lines shall be placed underground, unless the City has received and approved the utility Page 100 of 330 assessment form that identifies the circumstances where an exemption pursuant to Section 12.18.060 applies. C. The approval of any development or the issuance of any permit to develop or improve private property shall be conditioned by the City with a requirement to underground each existing overhead utility line required to be placed into a new underground system as provided in this chapter. 12.18.060 – Exempted utility devices. The following existing overhead utility lines shall be exempted from the requirement to placed underground as otherwise required in this chapter: A. Existing overhead utility lines operated at voltages in excess of thirty-four thousand five hundred volts (> 34.5 kV); B. In residential in-fill areas where property is to be developed for residential purposes where existing overhead utility lines are located along or near the rear property lot lines of the subject property to be developed and where those existing overhead utility lines provide service to adjoining residential properties that are not the subject of the permit, development or improvement; C. Appurtenances and associated equipment including, but not limited to, surface mounted transformers and switches, pedestal mounted terminal boxes and meter cabinets which may be left in place above ground. 12.18.070 – Exemption and Deferral of certain improvements. The City hereby exempts from the provisions of this chapter the following permits, developments or improvements of private property meeting any one of the following criteria: A. Interior tenant improvements and conditional use permits for which construction is not required; or B. Exterior upgrading, repair or replacement of existing improvements, including but not limited to, reroofing, additions of awnings, landscaping, equipment screening, repainting and application of other exterior finishes; or C. Additions of functional equipment to any existing improvements, including but not limited to, air conditioners, antennae, block walls and fences, cooling towers, enclosure of outdoor storage areas, loading docks, satellite dishes, silos and water tanks; or D. The permitting or development of a new single-family residence on a property where the adjacent properties are serviced by existing overhead utility lines provided that the utility lines to connect the proposed single family residence to the existing overhead utility lines shall be placed underground to the proposed single family residence. Page 101 of 330 E. Improvements to an existing commercial or industrial building where the improvement increases the building footprint or total square footage by less than three hundred (300) square feet. F. Improvements to an existing residential building where the improvement increases the building footprint or total square footage by less than twenty-five percent (25%). G. Whenever the owner or developer of a subject property is required to underground existing overhead utility lines under this chapter but the length of the project frontage is less than three hundred (300) feet, the City may in its discretion allow the owner or developer to pay a fee to the City that is equal to the unit cost of placing the existing overhead utility lines underground multiplied by the length over which the undergrounding is required, not to exceed three hundred (300) feet, in lieu of such undergrounding. The unit price for undergrounding any utility lines shall be based upon the most recent unit price for undergrounding utility lines as established by the applicable utility company that would otherwise be responsible for placing the existing overhead utility lines underground. The owner or developer shall obtain a written statement of the unit price for undergrounding the required utility lines from the applicable utility companies serving the subject property and submit it to the City for determination of the amount of the in-lieu fee. The burden is imposed on the owner or developer of the subject property to disclose at the time of application their intent to pursue an in-lieu fee, with such intent to be incorporated into the City’s permit or development approval associated with the development or improvement. H. Whenever a state statute specifically exempts the permit or development from the requirements of this chapter. 12.18.080 – Waiver and Deferral. If an owner or developer who is the applicant for a permit, or development application subject to the provisions of this chapter believes that the undergrounding requirement is impractical and will cause practical difficulties and unnecessary hardship due to certain topographical conditions, street configurations, underground obstacles, soil, water or other natural conditions which would make the placement of existing overhead utilities into new underground systems unreasonable, the owner or developer shall provide such notice of intent to pursue a waiver with the utility assessment form required by Section 12.18.050. The burden is imposed on the owner or developer to provide sufficient justification for a waiver to be considered by the City Council. The waiver, if requested, shall be requested and considered prior to the time the approval authority considers the permit or development application. If such waiver is granted, the City may require the owner or developer to pay an in-lieu fee in accordance with section 12.18.070(G). 12.18.090 – Appeals. An owner or developer of private property subject to the provisions of this chapter is afforded the right to appeal a decision made by the applicable approval authority where the permit Page 102 of 330 or development application was approved with the imposition of requirements to place underground existing overhead utility lines under this chapter. The right to appeal excludes approvals of land use or development applications and in lieu fees granted by the City Council, as the opportunity to pursue a waiver of the obligation to underground existing overhead utility lines occurred during the City Council’s consideration of the in-lieu fee, land use or development application in question. The following appeal procedures shall be followed: A. Appeal of City Official’s Decision. Decisions of the applicable City Official, granted by the City Official in accordance with Title 17 of the Beaumont Municipal Code and other applicable sections of the Beaumont Municipal Code relating to land use and development applications, may be appealed to the Planning Commission. All such appeals shall be filed in writing with the Secretary of the Planning Commission. B. Persons Eligible to File an Appeal. Any person may appeal a decision or action of the applicable City Official, in accordance with the terms of this chapter. C. Time Limit for Filing an Appeal. All appeals under this chapter must be filed within fifteen (15) calendar days of the date of the approval of the land use or development application. If the fifteenth (15th) day occurs on a holiday or weekend, the appeal period shall be extended to the next City workday. No appeal under this chapter shall be accepted after the appeal period has expired. D. Appeals Form. All appeals must be submitted in writing on the appropriate form provided by the City. The appeal must specifically state the grounds for the appeal and instances in which the City Official or Planning Commission allegedly erred in requiring the undergrounding of existing overhead utilities pursuant to this chapter. E. Payment of Fees. A fee shall be paid concurrent with filing of the appeal in accordance with the fee schedule established by resolution of the City Council. F. Scheduling of Public Hearing. Within 15 days upon receipt of an appeal, the City Clerk shall set the matter for public hearing. The hearing shall be noticed as provided for in Chapter 17.02 of the Beaumont Municipal Code. G. Findings. All actions to affirm, reverse, or modify in whole or part any decision of the applicable City Official or Planning Commission shall be made with supporting findings for the affirmation, reversal, or modification. Page 103 of 330 EXHIBIT “B” 17.04.100 - Utilities. The following performance standards with respect to the provision of utilities and infrastructure are outlined in this Section to ensure the service demands of existing and future development are met. A. Provision of New Utility Service and Connections. The developer or owner of a property proposing to improve or otherwise develop the property in accordance with the provisions of Title 17 “Zoning” of this Municipal Code, or such other codes and regulations applicable to development of property, shall be responsible for furnishing and installing all required utility service and connections, in cooperation with and as required by the applicable utility provider. B. Undergrounding of Utility Lines Required. In order to protect the public safety and improve the appearance and functioning of the community, all new electrical distribution lines of 16 34.5 kilovolts or less, and all new telephone, cable television, fiber optic, and similar wires and lines that provide customer services shall be installed within underground systems, except for: 1. Utility poles within six feet of the rear lot line used for terminating underground facilities. 2. Temporary utilities while construction is ongoing. 3. Risers and poles as provided by developer or owner. 4. Meter boxes, terminal boxes, and similar equipment. 5. Transformers, except that all transformers shall be located in vaults. 6. Infill development in R-SF Zones where existing overhead lines serve the area, subject to the approval of the Director of Community Development. C. Undergrounding of Existing Utility Lines Required. In order to protect the public safety and improve the appearance and functioning of the community, existing electrical distribution lines of 34.5 kilovolts or less, and all existing telephone, cable television, fiber optic and similar wires and lines located on or adjacent to property being developed shall be converted to new underground systems subject to and in accordance with the provisions of Chapter 12.18 “Undergrounding of Existing Overhead Utilities” of the Beaumont Municipal Code. D. Electrical Disturbance. No activity shall be permitted if it causes electrical disturbance that affects the operation of equipment located beyond the property line. Radio, television, and microwave transmitters shall be suitably wired, shielded, and controlled so that they do not emit electrical waves or impulses that may affect other electronic devices or equipment. Page 104 of 330 Underground Utilities Ord - Page 1 of 1 3512 14 Street Riverside, California 92501 (951) 368-9229 neller@scng.com City of Beaumont 550 E. 6th Street Beaumont, California 92223 Account Number:5209298 Ad Order Number:0011640799 Customer's Reference/PO Number: Publication:The Press-Enterprise Publication Dates:01/05/2024 Total Amount:$199.44 Payment Amount:$0.00 Amount Due:$199.44 Notice ID:WrVuqL7vAeHpiPXuwymH Invoice Text:NOTICE IS HEREBY GIVEN, that the City of Beaumont will conduct a public hearing to consider the matter described below. The City of Beaumont’s public hearing will be held at 6:00 p.m. on Tuesday, January 16, 2024, at 550 East Sixth Street, Beaumont, California. AN ORDINANCE AMENDING THE TITLE OF CHAPTER 12.16, ADDING CHAPTER 12.18 AND AMENDING CHAPTER 17.04 OF THE CITY OF BEAUMONT MUNICIPAL CODE CONCERNING REQUIREMENTS FOR UNDERGROUNDING OF EXISTING OVERHEAD UTILITIES APPLICABLE TO DISCRETIONARY APPROVALS RELATED TO LAND USE AND DEVELOPMENT This meeting will be open to the public and will be recorded for live streaming on the City’s official YouTube webpage . Please use the following link during the meeting for live stream access: BeaumontCa.gov/Livestream Public comments will be accepted using the following options: 1. Emailed comments will be read aloud during the corresponding item of the meeting. Please submit your comments to NicoleW@BeaumontCa.gov 2. In person public comments. 3. Call-in comments using a designated public comment phone line (951) 922-4845. City Council will conduct a public hearing to receive testimony and comments from all interested persons. Public comments shall not exceed three minutes unless otherwise authorized by City Council. Comments can be submitted any time prior to the meeting as well as during the meeting until the end of the corresponding item. Dated: January 2, 2024 Page 105 of 330 Underground Utilities Ord - 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: 0011640799 FILE NO. 0011640799 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: 01/05/2024 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Date: January 5, 2024. At: Riverside, California ______________________________ Signature Page 106 of 330 Staff Report TO: City Council FROM: Robert Vestal, Public Works Director Jennifer Ustation, Finance Director DATE January 16, 2024 SUBJECT: Public Hearing and Consideration of a Resolution for the Third Amendment to the City’s Fiscal Year 2023/2024 – 2027/2028 Capital Improvement Plan Description Approval of Resolution to amend the five-year Fiscal Year 2023/2024- 2027/2028 Capital Improvement Plan (CIP). Background and Analysis: On June 6, 2023, City Council, by resolution, adopted the five-year Capital Improvement Plan (CIP) for fiscal years (FY) 2023/2024 – 2027/2028 and the related prior year CIP project list. The plan identifies the City’s planned projects through a determined period of time, as well as the prospective financial sources. On July 18, 2023, City Council approved the first amendment to the five-year Capital Improvement Plan for fiscal years FY 2023/2024 – 2027/2028 and the related prior year CIP project list. On October 17, 2023, City Council approved the second amendment to the five-year Capital Improvement Plan for FY 2023/2024 – 2027/2028. City staff is recommending the following changes as part of the third amendment (Attachment B): PROPOSED NEW PROJECTS The Third Amendment to the FY 2023/2024 – 2027/2028 CIP includes creating the following projects: F-04 Fire Squad: City staff is proposing the purchase and outfitting of a new fire squad to replace the current vehicle, which has exhausted it’s useful life. Page 107 of 330 Budget Funding Source $400,000 General Fund F-05 Fire Station No 106 Equipment: Construction of the Fire Station is anticipated to be completed mid-February. The new station will require a complete outfitting of necessary items to operate, including furniture, kitchen utensils and appliances, weightroom equipment, etc. Budget Funding Source $300,000 DIF - Fire F-06 City Hall Office Furniture: Construction of the City Hall renovation is anticipated to be completed early February. The new office space will require the purchase of new office equipment and furniture. Budget Funding Source $115,000 DIF – Basic Service PROPOSED BUDGET CHANGES The Third Amendment to the FY 2023/2024 – 2027/2028 CIP consists of the following budget changes: 2016-003 – Potrero Interchange – Phase II: On December 19, 2023, City Council awarded the design contract to Mark Thomas to complete the remaining 5% of design on the project. The project has an estimated funding gap of ~$24M. City staff is recommending increasing the current $1M General Fund allocation from FY 2023-2024 budget by an additional $5M using current unallocated fund balance. Budget Change New Budget $49,000,000 $5,000,000 $54,000,000 ISFB-12 – City Hall Gym Renovation: City staff received quotes for painting, flooring improvements and repair, and soundproof replacements for walls and ceiling. Additional funds are required to complete the tasks for the project. City staff is recommendin g increasing the budget by $126,000. Budget Change New Budget $120,000 $126,000 $246,000 R-31 – Purchase 12-Yard Dump Truck: On November 11, 2023, City Council authorized staff to purchase a dump truck up to 125% of the budget. City staff was able to purchase the truck for approximately $185,000, not including taxes and DMV registration. The preliminary estimate for tax and registration is $20,000, for a total purchase price of $205,000. City staff is recommending increasing the budget to Page 108 of 330 complete the purchase of the dump truck with registration and provide additional contingency for unknown changes. Budget Change New Budget $200,000 $9,000 $209,000 WW-11 – Mesa Lift Station: The engineer’s estimate for the construction of Mesa Lift Station is ~$7M. Staff is preparing the bid documents to advertise the project in February- March. Staff is recommending increasing the budget using newly available DIF funds from closed projects. Additional funding may be required based on actual bid amounts. Budget Change New Budget $6,650,000 $1,340,129 $7,990,129 COMPLETED PROJECTS The Third Amendment to the FY 2023/2024 – 2027/2028 CIP (Attachment B) includes closing the following projects: Project Number Project Name Reason for Closure Seneca Lift Station Completed 2017-006 Brine Pipeline to San Bernardino Completed 2019-012 WQMP & WWTP Permit Completed ISFB-11 VFW Re-Roof Completed P-13 Three Rings Ranch Park Improvements Completed P-16 Shadow Creek Park Playground Rehab Completed PS-04 Public Safety Radio System Upgrade Completed Fiscal Impact: The estimated cost to prepare this staff report is $1,500. The following table is a summary of the listed project budget changes and the respective funding source. CIP Project Budget Changes Funding Source FY Funding Status Seneca Lift Station ($135,047) OP- WW 2024 Completed 2016-003 Potrero Interchange- Phase II $5,000,000 General Fund 2024 Active 2017-006 Brine Pipeline to San Bernardino ($1,205,082) DIF-WW 2024 Completed Page 109 of 330 F-04 Fire Squad $400,000 General Fund 2024 Active F-05 Fire Station No 106 Equipment $300,000 DIF - Fire 2024 Active F-06 City Hall Office Furniture: $115,000 DIF - BS 2024 Active 2019-012 WQMP & WWTP Permit ($29,183) OP- WW 2024 Completed ISFB-11 VFW Re-Roof ($126,000) ISF 2024 Completed ISFB-12 City Hall Gym Renovation $126,000 ISF 2024 Active P-10 Stewart Park Redevelopment and Skate Park (Phase I) $1,500,000 DIF - CPARK 2024 Active P-13 Three Rings Ranch Park Improvements Completed P-16 Shadow Creek Park Playground Rehab Completed PS-04 Public Safety Radio System Upgrade Completed R-31 Purchase 12-Yard Dump Truck $9,000 General Fund 2024 Active WW-11 Mesa Lift Station - Construction $1,205,082 DIF-WW 2024 Active WW-11 Mesa Lift Station - Construction $135,047 OP- WW 2024 Active General Fund Impacts Unprogrammed Revenues Amount Balance $3,380,436 Fire Squad ($400,000) 12-Yard Dump Truck ($9,000) Remaining Balance $2,971,436 Unallocated Fund Balance Amount Non-Allocated "Available Reserves” $13,620,000 Potrero Interchange ($5,000,000) Held for One-time Bonus Pay __ ($500,000) Remaining Balance $8,120,000 Recommended Action: Hold a Public Hearing, and Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont Amending the Five-Year Capital Improvement Plan for Fiscal Years 2023/2024-2027/2028”. Attachments: A. CIP Resolution Amendment 3 Page 110 of 330 B. FY 2023/2024-2027/2028 Capital Improvement Plan C. Public Notice D. General Fund Balance Cheat Sheet Page 111 of 330 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT AMENDING THE FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FISCAL YEARS 2023/2024-2027/2028 WHEREAS, on June 06, 2023, the City Council of the City of Beaumont adopted the City’s Five Year Capital Improvement Plan for Fiscal Years 2023/2024 through 2027/2028 (“CIP”) at a duly noticed public hearing; and WHEREAS, on July 18, 2023, the City Council of the City of Beaumont amended (Amendment No. 1) the CIP at a duly noticed public hearing; and WHEREAS, on October 17, 2023, the City Council of the City of Beaumont amended (Amendment No. 2) the CIP at a duly noticed public hearing; and WHEREAS, the City Council of the City of Beaumont desires to amend CIP, as defined below; WHEREAS, these specific revisions are detailed in Exhibit “A” attached hereto; and WHEREAS, pursuant to Government Code, section 66002, the City duly gave public notice of the public hearing of the proposed amendments and revisions to the CIP, a copy of which has been on file with the City Clerk Board at least 10 calendar days prior to the City Council’s commencement of such public hearing; and WHEREAS, the City Council desires to revise and amend the Capital Improvement Plan as set forth herein; NOW, THEREFORE BE IT RESOLVED BY THE BEAUMONT CITY COUNCIL AS FOLLOWS: Section 1. The City Council hereby approves and amends the Capital Improvement Plan for Fiscal Years 2023/2024 through 2027/2028, a copy of which is attached hereto as Exhibit “A” and made a part hereof by this reference. Section 2. The Capital Improvement Plan may be updated by the City Council from time to time pursuant to California Government Code, section 66002, or as otherwise provided by law. Section 3. This Resolution shall take effect immediately upon its passage and adoption. MOVED, PASSED, and ADOPTED this 1 6 th day of January , 202 4 , by the following vote: Page 112 of 330 2 AYES: NOES: ABSTAIN: ABSENT: By: David Fenn, Mayor City of Beaumont ATTEST: By: Nicole Wheelwright Deputy City Clerk Page 113 of 330 3 EXHIBIT A SUMMARY OF 2023/2024 – 2027/2028 CIP BUDGET AMENDMENT Page 114 of 330 CAPITAL IMPROVEMENT PROGRAM- CHANGE LOG FY24-28 AMENDMENT NO. 3 City of Beaumont CIP CIP Project Budget Changes Funding Source FY Funding Status Seneca Lift Station (135,047.00)$ OP- WW 2024 Completed 2016-003 Potrero Interchange- Phase II 5,000,000.00$ General Fund 2024 Active 2017-006 Brine Pipeline to San Bernardino (1,205,082.00)$ DIF-WW 2024 Completed 2019-012 WQMP & WWTP Permit (29,183.00)$ OP- WW 2024 Completed F-04 Fire Squad 400,000.00$ General Fund 2024 Active F-05 Fire Station No 106 Equipment 300,000.00$ DIF - Fire 2024 Active F-06 City Hall Office Furniture 115,000.00$ DIF - BS 2024 Active ISFB-11 VFW Re-Roof (126,000.00)$ ISF 2024 Completed ISFB-12 City Hall Gym Renovation 126,000.00$ ISF 2024 Active P-10 Stewart Park Redevelopment and Skate Park (Phase II)3,500,000.00$ General Fund 2025 Active P-10 Stewart Park Redevelopment and Skate Park (Phase I)1,500,000.00$ DIF - CPARK 2024 Active P-13 Three Rings Ranch Park Improvements Completed P-16 Shadow Creek Park Playground Rehab Completed PS-04 Public Safety Radio System Upgrade Completed R-31 Purchase 12-Yard Dump Truck 9,000.00$ General Fund 2024 Active WW-11 Mesa Lift Station - Construction 1,205,082.00$ DIF-WW 2024 Active WW-11 Mesa Lift Station - Construction 135,047.00$ OP- WW 2024 Active Change Log Page 1 of 1Page 115 of 330 CAPITAL IMPROVEMENT PROGRAM- PROJECT LIST City of Beaumont Capital Improvement Program CIP Number Project Title Responsible Department Project Type Programmed Project Funding Estimated Project Cost 2016-003 Potrero Interchange- Phase II PW Circulation 54,000,000$ 72,546,000$ 2017-001 Pennsylvania Avenue/Ramp Additions PW Circulation 1,021,444$ 80,000,000$ 2017-005 WWTP Exp PH 1 & Advanced R WW Infrastructure 76,334,187$ 76,334,187$ 2017-006 Brine Pipeline to San Bernardino WW Infrastructure 39,367,557$ 40,572,639$ 2017-009 Pennsylvania Widening PW Circulation 11,392,600$ 11,392,600$ 2017-012 Pennsylvania Ave/UPR Grade Separation PW Circulation 8,678,556$ 73,700,000$ 2017-027 Oak Valley/I-10 Interchange Design PW Circulation 6,412,113$ 85,000,000$ 2017-028 Fire Station No. 106 PW Facilities 8,950,000$ 8,950,000$ 2019-009 2nd Street Extension Feasibility / Design PW Circulation 200,000$ 200,000$ 2019-010 PLC Upgrade Construction PW Infrastructure 700,000$ 700,000$ 2019-012 WQMP & WWTP Permit WW Permits 20,817$ 50,000$ 2019-019 Beaumont Master Drainage Plan - Line 2 Stage 1 PW Infrastructure 5,000,000$ 5,000,000$ CD-02 Leap Grant - Housing Element Update COMDV Housing 150,000$ 150,000$ CD-03 Downtown Revitalization/Grace Bldg/Real Estate Acquisition COMDV Planning 5,000,000$ 5,000,000$ CD-04 Zoning code update and citywide design guidelines COMDV Planning 350,000$ 350,000$ CD-05 Climate Action Plan COMDV Planning 350,000$ 350,000$ CF104 City Hall and BLDG B COMSRV Facilities 3,493,387$ 3,493,387$ F-02 CRC Improvement Project COMSRV Facilities 150,000$ 150,000$ F-03 City Hall Accessible Ramps COMSRV Facilities 400,000$ 400,000$ F-04 Fire Squad FIRE Equipment 400,000$ 400,000$ F-05 Fire Station No 106 Equipment COMSRV Facilities 300,000$ 300,000$ F-06 City Hall Office Furniture COMSRV Facilities 115,000$ 100,000$ ISFB-06 Police Station - HVAC COMSRV Facilities 157,791$ 157,791$ ISFB-07 Police Station - Concrete Walkway Trip Hazards COMSRV Facilities 25,000$ 25,000$ ISFB-08 Grounds Smart Irrigation COMSRV Facilities 109,000$ 109,000$ ISFB-10 Grace Roof Remove & Replace COMSRV Facilities 350,000$ 350,000$ ISFB-11 VFW Re-Roof COMSRV Facilities 49,000$ 175,000$ ISFB-12 City Hall Gym Renovation COMSRV Facilities 246,000$ 120,000$ ISFB-13 Fire Station 66 Plumbing System Improvement Project COMSRV Facilities 108,000$ 108,000$ Project List Page 1 of 5Page 116 of 330 CAPITAL IMPROVEMENT PROGRAM- PROJECT LIST City of Beaumont Capital Improvement Program CIP Number Project Title Responsible Department Project Type Programmed Project Funding Estimated Project Cost ISFB-14 Fire Station 66 Apparatus Bay Improvements COMSRV Facilities 162,000$ 162,000$ ISFB-15 Public Facilities Parking Lot Rehab Project COMSRV Facilities 200,000$ 200,000$ ISFWW-01 Lift Station Spare Pump Program WW Infrastructure 300,000$ 300,000$ ISFWW-02 VFD WW Infrastructure 250,000$ 250,000$ P-04 Sports Park Field Lighting and Field Expansion COMSRV Parks 6,319,884$ 6,319,884$ P-05 Nicklaus Park Field Lighting and Field Expansion COMSRV Parks 2,849,000$ 2,849,000$ P-09 Playgrounds & Shade Covers - Phase 1 COMSRV Parks 500,000$ 500,000$ P-10 Stewart Park Redevelopment and Skate Park (Phase I)COMSRV Parks 9,524,853$ 14,000,000$ P-10 Stewart Park Redevelopment and Skate Park (Phase II)COMSRV Parks 3,500,000$ P-13 Three Rings Ranch Park Improvements COMSRV Parks 192,743$ 192,743$ P-14 Memorial Park Plaza COMSRV Parks 1,750,000$ 1,750,000$ P-15 Memorial Park Plaza Cameras COMSRV Parks 50,000$ 50,000$ P-16 Shadow Creek Park Playground Rehab COMSRV Parks 450,000$ 450,000$ P-17 Master Park Plan - Citywide COMSRV Parks 250,000$ 250,000$ P-18 Palmer Park Dog Park COMSRV Parks 1,000,000$ 1,000,000$ P-19 Sports Park Facility Improvement/Restroom/Snack Bar COMSRV Parks 300,000$ 300,000$ P-20 Playgrounds With Shade - Phase 3 COMSRV Parks 250,000$ 250,000$ P-21 Citywide Parks Infrastructure Improvement Project COMSRV Parks 300,000$ 300,000$ P-22 Modular Pump Track at the CRC COMSRV Facilities 55,000$ 55,000$ P-23 Overflow Parking Lot Lighting at the CRC COMSRV Facilities 224,400$ 224,400$ PS-02 Police Station Renovations COMSRV Facilities 425,000$ 425,000$ PS-03 Fire Station Renovations COMSRV Facilities 250,000$ 250,000$ PS-04 Public Safety Radio System Upgrade PD Equipment 1,837,164$ 1,837,164$ PS-05 Fire Truck Purchase FIRE Vehicles 2,490,000$ 2,490,000$ PS-06 Building C Renovation COMSRV Facilities 750,000$ 750,000$ PS-07 New Police Station Design PW Facilities 3,597,372$ 3,597,372$ PS-09 New Police Station Construction PW Facilities 1,000,000$ 50,000,000$ R-01 Oak Valley Pkwy Expansion I10-Desert Lawn Phase 2 PW Circulation 600,000$ 600,000$ R-02 Citywide Traffic Signal Upgrade & Capacity Improvement Phase 1 PW Circulation 150,000$ 150,000$ Project List Page 2 of 5Page 117 of 330 CAPITAL IMPROVEMENT PROGRAM- PROJECT LIST City of Beaumont Capital Improvement Program CIP Number Project Title Responsible Department Project Type Programmed Project Funding Estimated Project Cost R-07 Cherry Channel Drainage Project (cougar to OV parkway)PW Infrastructure 750,000$ 750,000$ R-11 Citywide Traffic Signal Upgrade & Capacity Improvement Phase 2 PW Circulation 150,000$ 150,000$ R-12 2nd Street Extension Construction PW Circulation 4,800,000$ 4,800,000$ R-13 Citywide Traffic Signal Upgrade & Capacity Improvement Phase 3 PW Circulation 274,400$ 274,400$ R-19 Downtown Street Light Replacement PW Infrastructure 1,000,000$ 1,000,000$ R-20 City-Wide Monument Program (Street & Parks)PW Infrastructure 2,000,000$ 2,000,000$ R-21 6th Street Medians COMSRV Circulation 2,000,000$ 2,000,000$ R-22 Public Works Corp Yard PW Facilities 1,000,000$ 1,000,000$ R-23 City-Wide Traffic Analysis PW Planning 250,000$ 250,000$ R-24 2023 Citywide Street Rehabilitation & Maintenance PW Circulation 6,943,918$ 6,943,918$ R-25 3rd Street to California Ave Storm Drain PW Infrastructure 650,000$ 650,000$ R25-01 Annual Citywide Street Rehabilitation and Maintenance FY25 PW Circulation 1,528,037$ 1,528,037$ R25-02 Citywide Sidewalk Improvements FY25 PW Circulation 130,000$ 130,000$ R25-03 Citywide Traffic Signal Upgrade & Capacity Improvement FY25 PW Circulation 150,000$ 150,000$ R-26 Pavement Management Study PW Planning 250,000$ 250,000$ R26-01 Annual Citywide Street Rehabilitation and Maintenance FY26 PW Circulation 1,549,701$ 1,549,701$ R26-02 Citywide Sidewalk Improvements FY26 PW Circulation 130,000$ 130,000$ R26-03 Citywide Traffic Signal Upgrade & Capacity Improvement FY26 PW Circulation 150,000$ 150,000$ R-27 Purchase Skid Steer Grader Attachment PW Equipment 40,000$ 40,000$ R27-01 Annual Citywide Street Rehabilitation and Maintenance FY27 PW Circulation 1,570,400$ 1,570,400$ R27-02 Citywide Sidewalk Improvements FY27 PW Circulation 130,000$ 130,000$ R27-03 Citywide Traffic Signal Upgrade & Capacity Improvement FY27 PW Circulation 150,000$ 150,000$ R-28 Purchase Jet/Vactor Truck PW Vehicles 430,000$ 430,000$ R28-01 Annual Citywide Street Rehabilitation and Maintenance FY28 PW Circulation 2,478,000$ 2,478,000$ R28-02 Citywide Sidewalk Improvements FY28 PW Circulation 130,000$ 130,000$ R28-03 Citywide Traffic Signal Upgrade & Capacity Improvement FY28 PW Circulation 150,000$ 150,000$ R-29 Purchase Tandem Vibratory Roller PW Equipment 58,000$ 58,000$ R-30 Purchase Thermoplastic Equipment PW Equipment 195,000$ 195,000$ R-31 Purchase 12-Yard Dump Truck PW Vehicles 209,000$ 200,000$ Project List Page 3 of 5Page 118 of 330 CAPITAL IMPROVEMENT PROGRAM- PROJECT LIST City of Beaumont Capital Improvement Program CIP Number Project Title Responsible Department Project Type Programmed Project Funding Estimated Project Cost R-33 6th Street & Palm Storm Drain PW Infrastructure 113,000$ 113,000$ R-34 Citywide Traffic Signal Upgrade & Capacity Improvement FY24 PW Circulation 150,000$ 150,000$ R-36 Annual Citywide Street Rehabilitation and Maintenance FY24 PW Circulation 2,442,840$ 2,442,840$ R-37 Beaumont Avenue/ I-10 Interchange Project PW Circulation 500,000$ 500,000$ T-04 Shop Building Maintenance COMSRV Facilities 50,000$ 50,000$ T-05 Bus Wraps/ Brand Logo Update- Phase 1 OP- TRANSIT Vehicles 155,741$ 155,741$ T-07 Vehicle Replacements - Phase 1 OP- TRANSIT Vehicles 1,400,000$ 1,400,000$ T-08 Fleet Video Cameras OP- TRANSIT Equipment 140,000$ 140,000$ T-12 2-Electric Support Vehicles OP- TRANSIT Equipment 80,000$ 80,000$ T-13 Shop Truck OP- TRANSIT Vehicles 150,000$ 150,000$ T-14 MicroOP- TRANSIT Feasability Analysis OP- TRANSIT Planning 100,000$ 100,000$ T-15 2-EZ Rider ll Buses OP- TRANSIT Vehicles 1,700,000$ 1,700,000$ T-17 Bus Stop Amenities and Improvements. 24-04 OP- TRANSIT Infrastructure 60,000$ 60,000$ T-18 Bus Stop Placement Improvement Plan. 24-03 OP- TRANSIT Infrastructure 40,000$ 40,000$ T-19 4th & Veile Construction 24-05 PW Facilities 4,050,833$ 4,050,833$ T-20 Shop Support Vehicle Replacements 24-02 OP- TRANSIT Vehicles 120,000$ 120,000$ T-21 7 CNG EZ Rider II Replacement Vehicles 24-01 OP- TRANSIT Vehicles 6,350,000$ 6,350,000$ WW-01 I&I Rehabilitation Project - Phase 1 WW Planning 200,000$ 200,000$ WW-02 I&I Rehabilitation Project - Phase 2 - Flow Meters WW Infrastructure 200,000$ 200,000$ WW-03 Wastewater Rate Study WW Planning 200,000$ 200,000$ WW-04 16" Mesa FoGrant- RCE Main and Pump Replacement Design WW Infrastructure 450,000$ 450,000$ WW-05 Mesa Lift Station - Wet Well Capacity Increase Design WW Infrastructure 400,000$ 400,000$ WW-06 4th Street Manhole Replacement WW Infrastructure 200,000$ 200,000$ WW-07 Oak Valley Lift Station Access Point WW Infrastructure 210,000$ 210,000$ WW-08 Vactor Dump Station WW Infrastructure 450,000$ 450,000$ WW-09 16'' Mesa FoGrant- RCE Main Construction WW Infrastructure 3,800,000$ 3,800,000$ WW-11 Mesa Lift Station - Construction WW Infrastructure 7,990,129$ 10,000,000$ WW-12 Huber 4MM Coarse Screen Retrofit WW Infrastructure 50,000$ 50,000$ WW-13 RovverX Main Line Inspection System on 2023 Ford OP- TRANSIT T350 HR RWD with Studio Build OutWWVehicles 230,440$ 230,440$ Project List Page 4 of 5Page 119 of 330 CAPITAL IMPROVEMENT PROGRAM- PROJECT LIST City of Beaumont Capital Improvement Program CIP Number Project Title Responsible Department Project Type Programmed Project Funding Estimated Project Cost WW-14 Recycled Water Study WW Planning 2,100,000$ 2,100,000$ Office Expansion WW Facilities 500,000$ 500,000$ Apron Lane Pipeline Replacement WW Infrastructure 275,000$ 275,000$ Edgar Ave Pipeline Replacement WW Infrastructure 590,000$ 590,000$ I&I Rehabilitation Project - Phase 3 WW Infrastructure 200,000$ 200,000$ On-going Pipeline Replacement Program WW Infrastructure 2,200,000$ 2,200,000$ RO Module Replacement WW Infrastructure 300,000$ 300,000$ UV Bulb Replacement WW Infrastructure 150,000$ 150,000$ Lift Station Condition WW Planning 1,600,000$ 1,600,000$ Sewer Bridge Coating/Inspection WW Infrastructure 50,000$ 50,000$ Crane Truck WW Vehicles 300,000$ 300,000$ Vactor Truck WW Vehicles 700,000$ 700,000$ Project List Page 5 of 5Page 120 of 330 CIP SUMMARY - BY FUNDING City of Beaumont Capital Improvement Program Project by Funding Prior Year(S)FY2024 FY2025 FY2026 FY2027 FY2028 Total Funding CDBG 503,086$ 82,828$ 130,000$ 130,000$ 130,000$ 130,000$ 1,105,914$ R-24 2023 Citywide Street Rehabilitation & Maintenance503,086$ 82,828$ 585,914$ R25-02 Citywide Sidewalk Improvements FY25 -$ 130,000$ 130,000$ R26-02 Citywide Sidewalk Improvements FY26 -$ 130,000$ 130,000$ R27-02 Citywide Sidewalk Improvements FY27 -$ 130,000$ 130,000$ R28-02 Citywide Sidewalk Improvements FY28 -$ 130,000$ 130,000$ CFD 3,721,785$ 3,721,785$ P-09 Playgrounds & Shade Covers - Phase 1 500,000$ 500,000$ PS-02 Police Station Renovations 250,000$ 250,000$ PS-03 Fire Station Renovations 250,000$ 250,000$ PS-04 Public Safety Radio System Upgrade 471,785$ 471,785$ P-10 Stewart Park Redevelopment and Skate Park (Phase I)2,250,000$ 2,250,000$ CFD-255 250,000$ 550,000$ 800,000$ P-17 Master Park Plan - Citywide 250,000$ 250,000$ P-20 Playgrounds With Shade - Phase 3 -$ 250,000$ 250,000$ P-21 Citywide Parks Infrastructure Improvement Project -$ 300,000$ 300,000$ CFD-510 1,750,000$ 2,800,000$ 4,550,000$ P-16 Shadow Creek Park Playground Rehab 450,000$ 450,000$ P-18 Palmer Park Dog Park -$ 1,000,000$ 1,000,000$ P-19 Sports Park Facility Improvement/Restroom/Snack Bar-$ 300,000$ 300,000$ PS-07 New Police Station Design 1,300,000$ 1,500,000$ 2,800,000$ DIF - BS 3,318,387$ 290,000$ 3,608,387$ CF104 City Hall and BLDG B 3,318,387$ 175,000$ 3,493,387$ F-06 City Hall Office Furniture -$ 115,000$ 115,000$ DIF - CPARK 1,024,853$ 1,500,000$ 2,524,853$ P-10 Stewart Park Redevelopment and Skate Park (Phase I)1,024,853$ 1,500,000$ 2,524,853$ DIF - Fire 4,100,000$ 600,000$ 4,700,000$ 2017-028 Fire Station No. 106 4,100,000$ 300,000$ 4,400,000$ F-05 Fire Station No 106 Equipment -$ 300,000$ 300,000$ DIF - PD 1,547,372$ 1,547,372$ PS-06 Building C Renovation 750,000$ 750,000$ Projects by Funding Page 1 of 7Page 121 of 330 CIP SUMMARY - BY FUNDING City of Beaumont Capital Improvement Program Project by Funding Prior Year(S)FY2024 FY2025 FY2026 FY2027 FY2028 Total Funding PS-07 New Police Station Design 797,372$ 797,372$ DIF - R&B 12,422,113$ 2,470,000$ 14,892,113$ 2017-001 Pennsylvania Avenue/Ramp Additions 6,750,000$ (5,728,556)$ 1,021,444$ 2017-009 Pennsylvania Widening 1,850,000$ 1,720,000$ 3,570,000$ 2017-012 Pennsylvania Ave/UPR Grade Separation1,500,000$ 5,178,556$ 6,678,556$ 2017-027 Oak Valley/I-10 Interchange Design 22,113$ 22,113$ 2019-009 2nd Street Extension Feasibility / Design 200,000$ 200,000$ R-01 Oak Valley Pkwy Expansion I10-Desert Lawn Phase 2600,000$ 600,000$ R-12 2nd Street Extension Construction 1,500,000$ 1,300,000$ 2,800,000$ DIF - REC 300,000$ 300,000$ P-04 Sports Park Field Lighting and Field Expansion 300,000$ 300,000$ DIF - RPARK 3,849,000$ 3,849,000$ P-04 Sports Park Field Lighting and Field Expansion1,000,000$ 1,000,000$ P-05 Nicklaus Park Field Lighting and Field Expansion2,849,000$ 2,849,000$ DIF - RW 3,101,052$ 2,100,000$ 5,201,052$ 2017-005 WWTP Exp PH 1 & Advanced R 3,101,052$ 3,101,052$ WW-14 Recycled Water Study -$ 2,100,000$ 2,100,000$ DIF - TS 1,004,400$ 150,000$ 150,000$ 150,000$ 150,000$ 150,000$ 1,754,400$ 2017-009 Pennsylvania Widening 430,000$ 430,000$ R-02 Citywide Traffic Signal Upgrade & Capacity Improvement Phase 1150,000$ 150,000$ R-11 Citywide Traffic Signal Upgrade & Capacity Improvement Phase 2150,000$ 150,000$ R-13 Citywide Traffic Signal Upgrade & Capacity Improvement Phase 3274,400$ 274,400$ R-34 Citywide Traffic Signal Upgrade & Capacity Improvement FY24-$ 150,000$ 150,000$ R25-03 Citywide Traffic Signal Upgrade & Capacity Improvement FY25-$ 150,000$ 150,000$ R26-03 Citywide Traffic Signal Upgrade & Capacity Improvement FY26-$ 150,000$ 150,000$ R27-03 Citywide Traffic Signal Upgrade & Capacity Improvement FY27-$ 150,000$ 150,000$ R28-03 Citywide Traffic Signal Upgrade & Capacity Improvement FY28-$ 150,000$ 150,000$ General Fund 35,248,999$ 12,894,079$ 3,500,000$ 51,643,078$ 2016-003 Potrero Interchange- Phase II -$ 6,000,000$ 6,000,000$ 2017-009 Pennsylvania Widening 4,000,000$ 4,000,000$ 2017-012 Pennsylvania Ave/UPR Grade Separation1,000,000$ 1,000,000$ 2,000,000$ Projects by Funding Page 2 of 7Page 122 of 330 CIP SUMMARY - BY FUNDING City of Beaumont Capital Improvement Program Project by Funding Prior Year(S)FY2024 FY2025 FY2026 FY2027 FY2028 Total Funding 2017-028 Fire Station No. 106 565,045$ 565,045$ CD-03 Downtown Revitalization/Grace Bldg/Real Estate Acquisition5,000,000$ 5,000,000$ CD-04 Zoning code update and citywide design guidelines350,000$ 350,000$ CD-05 Climate Action Plan 350,000$ 350,000$ P-04 Sports Park Field Lighting and Field Expansion5,019,884$ 5,019,884$ P-14 Memorial Park Plaza 1,750,000$ 1,750,000$ P-15 Memorial Park Plaza Cameras 50,000$ 50,000$ P-22 Modular Pump Track at the CRC -$ 55,000$ 55,000$ P-23 Overflow Parking Lot Lighting at the CRC -$ 224,400$ 224,400$ PS-02 Police Station Renovations 175,000$ 175,000$ PS-04 Public Safety Radio System Upgrade 547,900$ 344,479$ 892,379$ PS-05 Fire Truck Purchase 1,090,000$ 1,090,000$ PS-09 New Police Station Construction -$ 1,000,000$ 1,000,000$ R-07 Cherry Channel Drainage Project (cougar to OV parkway)750,000$ 750,000$ R-12 2nd Street Extension Construction 500,000$ 500,000$ R-19 Downtown Street Light Replacement 1,000,000$ 1,000,000$ R-20 City-Wide Monument Program (Street & Parks)2,000,000$ 2,000,000$ R-21 6th Street Medians 2,000,000$ 2,000,000$ R-22 Public Works Corp Yard 1,000,000$ 1,000,000$ R-23 City-Wide Traffic Analysis 250,000$ 250,000$ R-24 2023 Citywide Street Rehabilitation & Maintenance3,101,170$ 500,000$ 3,601,170$ R-25 3rd Street to California Ave Storm Drain -$ 650,000$ 650,000$ R-26 Pavement Management Study -$ 250,000$ 250,000$ R-27 Purchase Skid Steer Grader Attachment -$ 40,000$ 40,000$ R-28 Purchase Jet/Vactor Truck -$ 430,000$ 430,000$ R-29 Purchase Tandem Vibratory Roller -$ 58,000$ 58,000$ R-30 Purchase Thermoplastic Equipment -$ 195,000$ 195,000$ R-31 Purchase 12-Yard Dump Truck -$ 209,000$ 209,000$ R-33 6th Street & Palm Storm Drain -$ 113,000$ 113,000$ R-36 Annual Citywide Street Rehabilitation and Maintenance FY24-$ 925,200$ 925,200$ R-37 Beaumont Avenue/ I-10 Interchange Project -$ 500,000$ 500,000$ Projects by Funding Page 3 of 7Page 123 of 330 CIP SUMMARY - BY FUNDING City of Beaumont Capital Improvement Program Project by Funding Prior Year(S)FY2024 FY2025 FY2026 FY2027 FY2028 Total Funding P-10 Stewart Park Redevelopment and Skate Park (Phase I)4,750,000$ 4,750,000$ F-04 Fire Squad -$ 400,000$ 400,000$ P-10 Stewart Park Redevelopment and Skate Park (Phase II)-$ 3,500,000$ 3,500,000$ ISF 816,791$ 740,000$ 1,556,791$ F-02 CRC Improvement Project -$ 150,000$ 150,000$ ISFB-06 Police Station - HVAC 157,791$ 157,791$ ISFB-07 Police Station - Concrete Walkway Trip Hazards25,000$ 25,000$ ISFB-08 Grounds Smart Irrigation 109,000$ 109,000$ ISFB-10 Grace Roof Remove & Replace 350,000$ 350,000$ ISFB-11 VFW Re-Roof 175,000$ (126,000)$ 49,000$ ISFB-12 City Hall Gym Renovation -$ 246,000$ 246,000$ ISFB-13 Fire Station 66 Plumbing System Improvement Project-$ 108,000$ 108,000$ ISFB-14 Fire Station 66 Apparatus Bay Improvements -$ 162,000$ 162,000$ ISFB-15 Public Facilities Parking Lot Rehab Project -$ 200,000$ 200,000$ Measure A 1,638,936$ 616,800$ 629,200$ 641,600$ 654,400$ 948,000$ 5,128,936$ R-24 2023 Citywide Street Rehabilitation & Maintenance1,638,936$ 1,638,936$ R-36 Annual Citywide Street Rehabilitation and Maintenance FY24-$ 616,800$ 616,800$ R25-01 Annual Citywide Street Rehabilitation and Maintenance FY25-$ 629,200$ 629,200$ R26-01 Annual Citywide Street Rehabilitation and Maintenance FY26-$ 641,600$ 641,600$ R27-01 Annual Citywide Street Rehabilitation and Maintenance FY27-$ 654,400$ 654,400$ R28-01 Annual Citywide Street Rehabilitation and Maintenance FY28-$ 948,000$ 948,000$ RCTC - RA -$ 1,500,000$ 1,500,000$ R-12 2nd Street Extension Construction -$ 1,500,000$ 1,500,000$ RCTC-MARA -$ 8,000,000$ 8,000,000$ 2016-003 Potrero Interchange- Phase II -$ 8,000,000$ 8,000,000$ SB1 RMRA 1,117,898$ 900,840$ 898,837$ 908,101$ 916,000$ 1,530,000$ 6,271,676$ R-24 2023 Citywide Street Rehabilitation & Maintenance1,117,898$ 1,117,898$ R-36 Annual Citywide Street Rehabilitation and Maintenance FY24-$ 900,840$ 900,840$ R25-01 Annual Citywide Street Rehabilitation and Maintenance FY25-$ 898,837$ 898,837$ R26-01 Annual Citywide Street Rehabilitation and Maintenance FY26-$ 908,101$ 908,101$ R27-01 Annual Citywide Street Rehabilitation and Maintenance FY27-$ 916,000$ 916,000$ Projects by Funding Page 4 of 7Page 124 of 330 CIP SUMMARY - BY FUNDING City of Beaumont Capital Improvement Program Project by Funding Prior Year(S)FY2024 FY2025 FY2026 FY2027 FY2028 Total Funding R28-01 Annual Citywide Street Rehabilitation and Maintenance FY28-$ 1,530,000$ 1,530,000$ TUMF 9,758,000$ 9,758,000$ 2017-009 Pennsylvania Widening 3,368,000$ 3,368,000$ 2017-027 Oak Valley/I-10 Interchange Design 6,390,000$ 6,390,000$ TUMF - PASS 3,250,000$ 3,250,000$ 6,500,000$ 2016-003 Potrero Interchange- Phase II 3,250,000$ 3,250,000$ 6,500,000$ WW-RR 550,000$ 2,165,000$ 1,200,000$ 1,700,000$ 1,000,000$ 6,615,000$ Apron Lane Pipeline Replacement -$ 275,000$ 275,000$ Edgar Ave Pipeline Replacement -$ 590,000$ 590,000$ I&I Rehabilitation Project - Phase 3 -$ 200,000$ 200,000$ Lift Station Condition -$ 400,000$ 400,000$ 400,000$ 400,000$ 1,600,000$ On-going Pipeline Replacement Program -$ 500,000$ 500,000$ 600,000$ 600,000$ 2,200,000$ RO Module Replacement -$ 300,000$ 300,000$ Sewer Bridge Coating/Inspection -$ 50,000$ 50,000$ UV Bulb Replacement -$ 150,000$ 150,000$ Vactor Truck -$ 700,000$ 700,000$ ISFWW-01 Lift Station Spare Pump Program 300,000$ 300,000$ ISFWW-02 VFD 250,000$ 250,000$ (blank)150,000$ 150,000$ CD-02 Leap Grant - Housing Element Update 150,000$ 150,000$ BOND 62,305,714$ 62,305,714$ 2017-005 WWTP Exp PH 1 & Advanced R 58,320,759$ 58,320,759$ 2017-028 Fire Station No. 106 3,984,955$ 3,984,955$ Pay-Go 3,099,000$ 3,099,000$ 2017-005 WWTP Exp PH 1 & Advanced R 3,099,000$ 3,099,000$ Grant- STA 2,205,741$ 9,785,239$ 11,990,980$ T-08 Fleet Video Cameras 70,000$ 70,000$ T-12 2-Electric Support Vehicles 80,000$ 80,000$ T-13 Shop Truck 150,000$ 150,000$ T-15 2-EZ Rider ll Buses 1,700,000$ 1,700,000$ T-18 Bus Stop Placement Improvement Plan. 24-03 -$ 40,000$ 40,000$ Projects by Funding Page 5 of 7Page 125 of 330 CIP SUMMARY - BY FUNDING City of Beaumont Capital Improvement Program Project by Funding Prior Year(S)FY2024 FY2025 FY2026 FY2027 FY2028 Total Funding T-19 4th & Veile Construction 24-05 -$ 3,275,239$ 3,275,239$ T-20 Shop Support Vehicle Replacements 24-02 -$ 120,000$ 120,000$ T-21 7 CNG EZ Rider II Replacement Vehicles 24-01 -$ 6,350,000$ 6,350,000$ T-04 Shop Building Maintenance 50,000$ 50,000$ T-05 Bus Wraps/ Brand Logo Update- Phase 1 155,741$ 155,741$ Grant - LCTOP 70,000$ 70,000$ T-08 Fleet Video Cameras 70,000$ 70,000$ Grant- LTF 100,000$ 100,000$ T-14 MicroOP- TRANSIT Feasability Analysis 100,000$ 100,000$ Grant- SGR -$ 235,653$ 235,653$ T-17 Bus Stop Amenities and Improvements. 24-04 -$ 60,000$ 60,000$ T-19 4th & Veile Construction 24-05 -$ 175,653$ 175,653$ Grant- Carl Moyer -$ 599,941$ 599,941$ T-19 4th & Veile Construction 24-05 -$ 599,941$ 599,941$ SLFRF 500,000$ 2,300,000$ 2,800,000$ WW-05 Mesa Lift Station - Wet Well Capacity Increase Design400,000$ 400,000$ WW-11 Mesa Lift Station - Construction 100,000$ 2,300,000$ 2,400,000$ Grant- TCEP-CA -$ 7,500,000$ 7,500,000$ 2016-003 Potrero Interchange- Phase II -$ 7,500,000$ 7,500,000$ Grant- TCEP-FED -$ 26,000,000$ 26,000,000$ 2016-003 Potrero Interchange- Phase II -$ 26,000,000$ 26,000,000$ DIF-WW 15,163,376$ 5,150,000$ 20,313,376$ 2017-005 WWTP Exp PH 1 & Advanced R 11,813,376$ 11,813,376$ 2017-006 Brine Pipeline to San Bernardino -$ (1,205,082)$ (1,205,082)$ WW-11 Mesa Lift Station - Construction 900,000$ 4,555,082$ 5,455,082$ WW-04 16" Mesa FoGrant- RCE Main and Pump Replacement Design450,000$ 450,000$ WW-09 16'' Mesa FoGrant- RCE Main Construction2,000,000$ 1,800,000$ 3,800,000$ OP- TRANSIT 1,400,000$ 1,400,000$ T-07 Vehicle Replacements - Phase 1 1,400,000$ 1,400,000$ Grant- ARPA- RIV -$ 400,000$ 400,000$ F-03 City Hall Accessible Ramps -$ 400,000$ 400,000$ Projects by Funding Page 6 of 7Page 126 of 330 CIP SUMMARY - BY FUNDING City of Beaumont Capital Improvement Program Project by Funding Prior Year(S)FY2024 FY2025 FY2026 FY2027 FY2028 Total Funding Grant- SHSP 473,000$ 473,000$ PS-04 Public Safety Radio System Upgrade 473,000$ 473,000$ Grant- ARPA- CA 1,400,000$ 1,400,000$ PS-05 Fire Truck Purchase 1,400,000$ 1,400,000$ Grant- CPFCDS -$ -$ R-37 Beaumont Avenue/ I-10 Interchange Project -$ -$ Grant- RCFC 5,000,000$ 5,000,000$ 2019-019 Beaumont Master Drainage Plan - Line 2 Stage 15,000,000$ 5,000,000$ OP- WW 42,782,639$ 386,304$ 500,000$ 300,000$ 43,968,943$ Crane Truck -$ 300,000$ 300,000$ Office Expansion -$ 500,000$ 500,000$ 2017-005 WWTP Exp PH 1 & Advanced R -$ -$ 2017-006 Brine Pipeline to San Bernardino 40,572,639$ 40,572,639$ 2019-010 PLC Upgrade Construction 700,000$ 700,000$ 2019-012 WQMP & WWTP Permit 50,000$ (29,183)$ 20,817$ WW-01 I&I Rehabilitation Project - Phase 1 200,000$ 200,000$ WW-02 I&I Rehabilitation Project - Phase 2 - Flow Meters200,000$ 200,000$ WW-03 Wastewater Rate Study 200,000$ 200,000$ WW-06 4th Street Manhole Replacement 200,000$ 200,000$ WW-07 Oak Valley Lift Station Access Point 210,000$ 210,000$ WW-08 Vactor Dump Station 450,000$ 450,000$ WW-11 Mesa Lift Station - Construction -$ 135,047$ 135,047$ WW-12 Huber 4MM Coarse Screen Retrofit -$ 50,000$ 50,000$ WW-13 RovverX Main Line Inspection System on 2023 Ford OP- TRANSIT T350 HR RWD with Studio Build Out-$ 230,440$ 230,440$ Grant- Prop 68 192,743$ 192,743$ P-13 Three Rings Ranch Park Improvements 192,743$ 192,743$ Grant 24,600$ 24,600$ 2017-009 Pennsylvania Widening 24,600$ 24,600$ Grand Total 224,139,486$ 90,251,684$ 8,023,037$ 3,529,701$ 3,550,400$ 4,058,000$ 333,552,308$ Projects by Funding Page 7 of 7Page 127 of 330 CIP SUMMARY - BY PROJECT City of Beaumont Capital Improvement Program Funding by Project Prior Year(s)FY2024 FY2025 FY2026 FY2027 FY2028 Total Funding Unfunded Amount Estimated Project Cost Circulation 40,320,203$ 59,395,668$ 1,808,037$ 1,829,701$ 1,850,400$ 2,758,000$ 107,962,009$ 246,133,887$ 354,095,896$ 2016-003 Potrero Interchange- Phase II 3,250,000$ 50,750,000$ 54,000,000$ 23,546,000$ 77,546,000$ General Fund -$ 6,000,000$ 6,000,000$ 6,000,000$ RCTC-MARA -$ 8,000,000$ 8,000,000$ 8,000,000$ TUMF - PASS 3,250,000$ 3,250,000$ 6,500,000$ 6,500,000$ Grant- TCEP-CA -$ 7,500,000$ 7,500,000$ 7,500,000$ Grant- TCEP-FED -$ 26,000,000$ 26,000,000$ 26,000,000$ Unfunded -$ -$ 23,546,000$ 23,546,000$ 2017-001 Pennsylvania Avenue/Ramp Additions 6,750,000$ (5,728,556)$ 1,021,444$ 78,978,556$ 80,000,000$ DIF - R&B 6,750,000$ (5,728,556)$ 1,021,444$ 1,021,444$ Unfunded -$ -$ 78,978,556$ 78,978,556$ 2017-009 Pennsylvania Widening 9,672,600$ 1,720,000$ 11,392,600$ 11,392,600$ DIF - R&B 1,850,000$ 1,720,000$ 3,570,000$ 3,570,000$ DIF - TS 430,000$ 430,000$ 430,000$ General Fund 4,000,000$ 4,000,000$ 4,000,000$ TUMF 3,368,000$ 3,368,000$ 3,368,000$ Grant 24,600$ 24,600$ 24,600$ 2017-012 Pennsylvania Ave/UPR Grade Separation 2,500,000$ 6,178,556$ 8,678,556$ 65,021,444$ 73,700,000$ DIF - R&B 1,500,000$ 5,178,556$ 6,678,556$ 6,678,556$ General Fund 1,000,000$ 1,000,000$ 2,000,000$ 2,000,000$ Unfunded -$ -$ 65,021,444$ 65,021,444$ 2017-027 Oak Valley/I-10 Interchange Design 6,412,113$ 6,412,113$ 78,587,887$ 85,000,000$ DIF - R&B 22,113$ 22,113$ 22,113$ TUMF 6,390,000$ 6,390,000$ 6,390,000$ Unfunded -$ -$ 78,587,887$ 78,587,887$ 2019-009 2nd Street Extension Feasibility / Design 200,000$ 200,000$ 200,000$ DIF - R&B 200,000$ 200,000$ 200,000$ R-01 Oak Valley Pkwy Expansion I10-Desert Lawn Phase 2 600,000$ 600,000$ 600,000$ DIF - R&B 600,000$ 600,000$ 600,000$ R-02 Citywide Traffic Signal Upgrade & Capacity Improvement Phase 1 150,000$ 150,000$ 150,000$ DIF - TS 150,000$ 150,000$ 150,000$ R-11 Citywide Traffic Signal Upgrade & Capacity Improvement Phase 2 150,000$ 150,000$ 150,000$ DIF - TS 150,000$ 150,000$ 150,000$ R-12 2nd Street Extension Construction 2,000,000$ 2,800,000$ 4,800,000$ 4,800,000$ DIF - R&B 1,500,000$ 1,300,000$ 2,800,000$ 2,800,000$ General Fund 500,000$ 500,000$ 500,000$ RCTC - RA -$ 1,500,000$ 1,500,000$ 1,500,000$ R-13 Citywide Traffic Signal Upgrade & Capacity Improvement Phase 3 274,400$ 274,400$ 274,400$ DIF - TS 274,400$ 274,400$ 274,400$ Funding by Project Page 1 of 8Page 128 of 330 CIP SUMMARY - BY PROJECT City of Beaumont Capital Improvement Program Funding by Project Prior Year(s)FY2024 FY2025 FY2026 FY2027 FY2028 Total Funding Unfunded Amount Estimated Project Cost R-21 6th Street Medians 2,000,000$ 2,000,000$ 2,000,000$ General Fund 2,000,000$ 2,000,000$ 2,000,000$ R-24 2023 Citywide Street Rehabilitation & Maintenance 6,361,090$ 582,828$ 6,943,918$ 6,943,918$ CDBG 503,086$ 82,828$ 585,914$ 585,914$ General Fund 3,101,170$ 500,000$ 3,601,170$ 3,601,170$ Measure A 1,638,936$ 1,638,936$ 1,638,936$ SB1 RMRA 1,117,898$ 1,117,898$ 1,117,898$ R-34 Citywide Traffic Signal Upgrade & Capacity Improvement FY24 -$ 150,000$ 150,000$ 150,000$ DIF - TS -$ 150,000$ 150,000$ 150,000$ R-36 Annual Citywide Street Rehabilitation and Maintenance FY24 -$ 2,442,840$ 2,442,840$ 2,442,840$ General Fund -$ 925,200$ 925,200$ 925,200$ Measure A -$ 616,800$ 616,800$ 616,800$ SB1 RMRA -$ 900,840$ 900,840$ 900,840$ R-37 Beaumont Avenue/ I-10 Interchange Project -$ 500,000$ 500,000$ 500,000$ General Fund -$ 500,000$ 500,000$ 500,000$ Grant- CPFCDS -$ -$ -$ R25-01 Annual Citywide Street Rehabilitation and Maintenance FY25 -$ 1,528,037$ 1,528,037$ 1,528,037$ Measure A -$ 629,200$ 629,200$ 629,200$ SB1 RMRA -$ 898,837$ 898,837$ 898,837$ R26-01 Annual Citywide Street Rehabilitation and Maintenance FY26 -$ 1,549,701$ 1,549,701$ 1,549,701$ Measure A -$ 641,600$ 641,600$ 641,600$ SB1 RMRA -$ 908,101$ 908,101$ 908,101$ R27-01 Annual Citywide Street Rehabilitation and Maintenance FY27 -$ 1,570,400$ 1,570,400$ 1,570,400$ Measure A -$ 654,400$ 654,400$ 654,400$ SB1 RMRA -$ 916,000$ 916,000$ 916,000$ R28-01 Annual Citywide Street Rehabilitation and Maintenance FY28 -$ 2,478,000$ 2,478,000$ 2,478,000$ Measure A -$ 948,000$ 948,000$ 948,000$ SB1 RMRA -$ 1,530,000$ 1,530,000$ 1,530,000$ R25-02 Citywide Sidewalk Improvements FY25 -$ 130,000$ 130,000$ 130,000$ CDBG -$ 130,000$ 130,000$ 130,000$ R26-02 Citywide Sidewalk Improvements FY26 -$ 130,000$ 130,000$ 130,000$ CDBG -$ 130,000$ 130,000$ 130,000$ R27-02 Citywide Sidewalk Improvements FY27 -$ 130,000$ 130,000$ 130,000$ CDBG -$ 130,000$ 130,000$ 130,000$ R28-02 Citywide Sidewalk Improvements FY28 -$ 130,000$ 130,000$ 130,000$ CDBG -$ 130,000$ 130,000$ 130,000$ R25-03 Citywide Traffic Signal Upgrade & Capacity Improvement FY25 -$ 150,000$ 150,000$ 150,000$ DIF - TS -$ 150,000$ 150,000$ 150,000$ R26-03 Citywide Traffic Signal Upgrade & Capacity Improvement FY26 -$ 150,000$ 150,000$ 150,000$ DIF - TS -$ 150,000$ 150,000$ 150,000$ R27-03 Citywide Traffic Signal Upgrade & Capacity Improvement FY27 -$ 150,000$ 150,000$ 150,000$ DIF - TS -$ 150,000$ 150,000$ 150,000$ Funding by Project Page 2 of 8Page 129 of 330 CIP SUMMARY - BY PROJECT City of Beaumont Capital Improvement Program Funding by Project Prior Year(s)FY2024 FY2025 FY2026 FY2027 FY2028 Total Funding Unfunded Amount Estimated Project Cost R28-03 Citywide Traffic Signal Upgrade & Capacity Improvement FY28 -$ 150,000$ 150,000$ 150,000$ DIF - TS -$ 150,000$ 150,000$ 150,000$ Equipment 1,712,685$ 1,037,479$ 2,750,164$ 2,750,164$ PS-04 Public Safety Radio System Upgrade 1,492,685$ 344,479$ 1,837,164$ 1,837,164$ CFD 471,785$ 471,785$ 471,785$ General Fund 547,900$ 344,479$ 892,379$ 892,379$ Grant- SHSP 473,000$ 473,000$ 473,000$ R-27 Purchase Skid Steer Grader Attachment -$ 40,000$ 40,000$ 40,000$ General Fund -$ 40,000$ 40,000$ 40,000$ R-29 Purchase Tandem Vibratory Roller -$ 58,000$ 58,000$ 58,000$ General Fund -$ 58,000$ 58,000$ 58,000$ R-30 Purchase Thermoplastic Equipment -$ 195,000$ 195,000$ 195,000$ General Fund -$ 195,000$ 195,000$ 195,000$ T-08 Fleet Video Cameras 140,000$ 140,000$ 140,000$ Grant- STA 70,000$ 70,000$ 70,000$ Grant - LCTOP 70,000$ 70,000$ 70,000$ T-12 2-Electric Support Vehicles 80,000$ 80,000$ 80,000$ Grant- STA 80,000$ 80,000$ 80,000$ F-04 Fire Squad -$ 400,000$ 400,000$ 400,000$ General Fund -$ 400,000$ 400,000$ 400,000$ Facilities 17,357,550$ 8,860,233$ 500,000$ 26,717,783$ 49,000,000$ 75,717,783$ Office Expansion -$ 500,000$ 500,000$ 500,000$ OP- WW -$ 500,000$ 500,000$ 500,000$ 2017-028 Fire Station No. 106 8,650,000$ 300,000$ 8,950,000$ 8,950,000$ DIF - Fire 4,100,000$ 300,000$ 4,400,000$ 4,400,000$ General Fund 565,045$ 565,045$ 565,045$ BOND 3,984,955$ 3,984,955$ 3,984,955$ F-02 CRC Improvement Project -$ 150,000$ 150,000$ 150,000$ ISF -$ 150,000$ 150,000$ 150,000$ F-03 City Hall Accessible Ramps -$ 400,000$ 400,000$ 400,000$ Grant- ARPA- RIV -$ 400,000$ 400,000$ 400,000$ ISFB-06 Police Station - HVAC 157,791$ 157,791$ 157,791$ ISF 157,791$ 157,791$ 157,791$ ISFB-07 Police Station - Concrete Walkway Trip Hazards 25,000$ 25,000$ 25,000$ ISF 25,000$ 25,000$ 25,000$ ISFB-08 Grounds Smart Irrigation 109,000$ 109,000$ 109,000$ ISF 109,000$ 109,000$ 109,000$ ISFB-10 Grace Roof Remove & Replace 350,000$ 350,000$ 350,000$ ISF 350,000$ 350,000$ 350,000$ ISFB-11 VFW Re-Roof 175,000$ (126,000)$ 49,000$ 49,000$ ISF 175,000$ (126,000)$ 49,000$ 49,000$ ISFB-12 City Hall Gym Renovation -$ 246,000$ 246,000$ 246,000$ Funding by Project Page 3 of 8Page 130 of 330 CIP SUMMARY - BY PROJECT City of Beaumont Capital Improvement Program Funding by Project Prior Year(s)FY2024 FY2025 FY2026 FY2027 FY2028 Total Funding Unfunded Amount Estimated Project Cost ISF -$ 246,000$ 246,000$ 246,000$ ISFB-13 Fire Station 66 Plumbing System Improvement Project -$ 108,000$ 108,000$ 108,000$ ISF -$ 108,000$ 108,000$ 108,000$ ISFB-14 Fire Station 66 Apparatus Bay Improvements -$ 162,000$ 162,000$ 162,000$ ISF -$ 162,000$ 162,000$ 162,000$ ISFB-15 Public Facilities Parking Lot Rehab Project -$ 200,000$ 200,000$ 200,000$ ISF -$ 200,000$ 200,000$ 200,000$ P-22 Modular Pump Track at the CRC -$ 55,000$ 55,000$ 55,000$ General Fund -$ 55,000$ 55,000$ 55,000$ P-23 Overflow Parking Lot Lighting at the CRC -$ 224,400$ 224,400$ 224,400$ General Fund -$ 224,400$ 224,400$ 224,400$ PS-02 Police Station Renovations 425,000$ 425,000$ 425,000$ CFD 250,000$ 250,000$ 250,000$ General Fund 175,000$ 175,000$ 175,000$ PS-03 Fire Station Renovations 250,000$ 250,000$ 250,000$ CFD 250,000$ 250,000$ 250,000$ PS-06 Building C Renovation 750,000$ 750,000$ 750,000$ DIF - PD 750,000$ 750,000$ 750,000$ PS-07 New Police Station Design 2,097,372$ 1,500,000$ 3,597,372$ 3,597,372$ CFD-510 1,300,000$ 1,500,000$ 2,800,000$ 2,800,000$ DIF - PD 797,372$ 797,372$ 797,372$ PS-09 New Police Station Construction -$ 1,000,000$ 1,000,000$ 49,000,000$ 50,000,000$ General Fund -$ 1,000,000$ 1,000,000$ 1,000,000$ Unfunded -$ -$ 49,000,000$ 49,000,000$ R-22 Public Works Corp Yard 1,000,000$ 1,000,000$ 1,000,000$ General Fund 1,000,000$ 1,000,000$ 1,000,000$ T-19 4th & Veile Construction 24-05 -$ 4,050,833$ 4,050,833$ 4,050,833$ Grant- STA -$ 3,275,239$ 3,275,239$ 3,275,239$ Grant- SGR -$ 175,653$ 175,653$ 175,653$ Grant- Carl Moyer -$ 599,941$ 599,941$ 599,941$ T-04 Shop Building Maintenance 50,000$ 50,000$ 50,000$ Grant- STA 50,000$ 50,000$ 50,000$ CF104 City Hall and BLDG B 3,318,387$ 175,000$ 3,493,387$ 3,493,387$ DIF - BS 3,318,387$ 175,000$ 3,493,387$ 3,493,387$ F-05 Fire Station No 106 Equipment -$ 300,000$ 300,000$ 300,000$ DIF - Fire -$ 300,000$ 300,000$ 300,000$ F-06 City Hall Office Furniture -$ 115,000$ 115,000$ 115,000$ DIF - BS -$ 115,000$ 115,000$ 115,000$ Housing 150,000$ 150,000$ 150,000$ CD-02 Leap Grant - Housing Element Update 150,000$ 150,000$ 150,000$ (blank)150,000$ 150,000$ 150,000$ Infrastructure 131,816,827$ 8,498,047$ 1,765,000$ 800,000$ 600,000$ 600,000$ 144,079,874$ 2,009,871$ 146,089,745$ Funding by Project Page 4 of 8Page 131 of 330 CIP SUMMARY - BY PROJECT City of Beaumont Capital Improvement Program Funding by Project Prior Year(s)FY2024 FY2025 FY2026 FY2027 FY2028 Total Funding Unfunded Amount Estimated Project Cost Apron Lane Pipeline Replacement -$ 275,000$ 275,000$ 275,000$ WW-RR -$ 275,000$ 275,000$ 275,000$ Edgar Ave Pipeline Replacement -$ 590,000$ 590,000$ 590,000$ WW-RR -$ 590,000$ 590,000$ 590,000$ I&I Rehabilitation Project - Phase 3 -$ 200,000$ 200,000$ 200,000$ WW-RR -$ 200,000$ 200,000$ 200,000$ On-going Pipeline Replacement Program -$ 500,000$ 500,000$ 600,000$ 600,000$ 2,200,000$ 2,200,000$ WW-RR -$ 500,000$ 500,000$ 600,000$ 600,000$ 2,200,000$ 2,200,000$ RO Module Replacement -$ 300,000$ 300,000$ 300,000$ WW-RR -$ 300,000$ 300,000$ 300,000$ Sewer Bridge Coating/Inspection -$ 50,000$ 50,000$ 50,000$ WW-RR -$ 50,000$ 50,000$ 50,000$ UV Bulb Replacement -$ 150,000$ 150,000$ 150,000$ WW-RR -$ 150,000$ 150,000$ 150,000$ 2017-005 WWTP Exp PH 1 & Advanced R 76,334,187$ 76,334,187$ 76,334,187$ DIF - RW 3,101,052$ 3,101,052$ 3,101,052$ BOND 58,320,759$ 58,320,759$ 58,320,759$ Pay-Go 3,099,000$ 3,099,000$ 3,099,000$ DIF-WW 11,813,376$ 11,813,376$ 11,813,376$ OP- WW -$ -$ -$ 2017-006 Brine Pipeline to San Bernardino 40,572,639$ (1,205,082)$ 39,367,557$ 39,367,557$ DIF-WW -$ (1,205,082)$ (1,205,082)$ (1,205,082)$ OP- WW 40,572,639$ 40,572,639$ 40,572,639$ 2019-010 PLC Upgrade Construction 700,000$ 700,000$ 700,000$ OP- WW 700,000$ 700,000$ 700,000$ ISFWW-01 Lift Station Spare Pump Program 300,000$ 300,000$ 300,000$ WW-RR 300,000$ 300,000$ 300,000$ ISFWW-02 VFD 250,000$ 250,000$ 250,000$ WW-RR 250,000$ 250,000$ 250,000$ R-07 Cherry Channel Drainage Project (cougar to OV parkway)750,000$ 750,000$ 750,000$ General Fund 750,000$ 750,000$ 750,000$ R-19 Downtown Street Light Replacement 1,000,000$ 1,000,000$ 1,000,000$ General Fund 1,000,000$ 1,000,000$ 1,000,000$ R-20 City-Wide Monument Program (Street & Parks)2,000,000$ 2,000,000$ 2,000,000$ General Fund 2,000,000$ 2,000,000$ 2,000,000$ R-25 3rd Street to California Ave Storm Drain -$ 650,000$ 650,000$ 650,000$ General Fund -$ 650,000$ 650,000$ 650,000$ R-33 6th Street & Palm Storm Drain -$ 113,000$ 113,000$ 113,000$ General Fund -$ 113,000$ 113,000$ 113,000$ T-17 Bus Stop Amenities and Improvements. 24-04 -$ 60,000$ 60,000$ 60,000$ Grant- SGR -$ 60,000$ 60,000$ 60,000$ T-18 Bus Stop Placement Improvement Plan. 24-03 -$ 40,000$ 40,000$ 40,000$ Funding by Project Page 5 of 8Page 132 of 330 CIP SUMMARY - BY PROJECT City of Beaumont Capital Improvement Program Funding by Project Prior Year(s)FY2024 FY2025 FY2026 FY2027 FY2028 Total Funding Unfunded Amount Estimated Project Cost Grant- STA -$ 40,000$ 40,000$ 40,000$ WW-02 I&I Rehabilitation Project - Phase 2 - Flow Meters 200,000$ 200,000$ 200,000$ OP- WW 200,000$ 200,000$ 200,000$ WW-05 Mesa Lift Station - Wet Well Capacity Increase Design 400,000$ 400,000$ 400,000$ SLFRF 400,000$ 400,000$ 400,000$ WW-06 4th Street Manhole Replacement 200,000$ 200,000$ 200,000$ OP- WW 200,000$ 200,000$ 200,000$ WW-07 Oak Valley Lift Station Access Point 210,000$ 210,000$ 210,000$ OP- WW 210,000$ 210,000$ 210,000$ WW-08 Vactor Dump Station 450,000$ 450,000$ 450,000$ OP- WW 450,000$ 450,000$ 450,000$ WW-11 Mesa Lift Station - Construction 1,000,000$ 6,990,129$ 7,990,129$ 2,009,871$ 10,000,000$ SLFRF 100,000$ 2,300,000$ 2,400,000$ 2,400,000$ DIF-WW 900,000$ 4,555,082$ 5,455,082$ 5,455,082$ OP- WW -$ 135,047$ 135,047$ 135,047$ Unfunded -$ -$ 2,009,871$ 2,009,871$ WW-12 Huber 4MM Coarse Screen Retrofit -$ 50,000$ 50,000$ 50,000$ OP- WW -$ 50,000$ 50,000$ 50,000$ 2019-019 Beaumont Master Drainage Plan - Line 2 Stage 1 5,000,000$ 5,000,000$ 5,000,000$ Grant- RCFC 5,000,000$ 5,000,000$ 5,000,000$ WW-04 16" Mesa FoGrant- RCE Main and Pump Replacement Design 450,000$ 450,000$ 450,000$ DIF-WW 450,000$ 450,000$ 450,000$ WW-09 16'' Mesa FoGrant- RCE Main Construction 2,000,000$ 1,800,000$ 3,800,000$ 3,800,000$ DIF-WW 2,000,000$ 1,800,000$ 3,800,000$ 3,800,000$ Parks 20,386,480$ 2,800,000$ 4,050,000$ 27,236,480$ 5,975,147$ 33,211,627$ P-04 Sports Park Field Lighting and Field Expansion 6,319,884$ 6,319,884$ 6,319,884$ DIF - REC 300,000$ 300,000$ 300,000$ DIF - RPARK 1,000,000$ 1,000,000$ 1,000,000$ General Fund 5,019,884$ 5,019,884$ 5,019,884$ P-05 Nicklaus Park Field Lighting and Field Expansion 2,849,000$ 2,849,000$ 2,849,000$ DIF - RPARK 2,849,000$ 2,849,000$ 2,849,000$ P-09 Playgrounds & Shade Covers - Phase 1 500,000$ 500,000$ 500,000$ CFD 500,000$ 500,000$ 500,000$ P-13 Three Rings Ranch Park Improvements 192,743$ 192,743$ 192,743$ Grant- Prop 68 192,743$ 192,743$ 192,743$ P-14 Memorial Park Plaza 1,750,000$ 1,750,000$ 1,750,000$ General Fund 1,750,000$ 1,750,000$ 1,750,000$ P-15 Memorial Park Plaza Cameras 50,000$ 50,000$ 50,000$ General Fund 50,000$ 50,000$ 50,000$ P-16 Shadow Creek Park Playground Rehab 450,000$ 450,000$ 450,000$ CFD-510 450,000$ 450,000$ 450,000$ P-17 Master Park Plan - Citywide 250,000$ 250,000$ 250,000$ Funding by Project Page 6 of 8Page 133 of 330 CIP SUMMARY - BY PROJECT City of Beaumont Capital Improvement Program Funding by Project Prior Year(s)FY2024 FY2025 FY2026 FY2027 FY2028 Total Funding Unfunded Amount Estimated Project Cost CFD-255 250,000$ 250,000$ 250,000$ P-18 Palmer Park Dog Park -$ 1,000,000$ 1,000,000$ 1,000,000$ CFD-510 -$ 1,000,000$ 1,000,000$ 1,000,000$ P-19 Sports Park Facility Improvement/Restroom/Snack Bar -$ 300,000$ 300,000$ 300,000$ CFD-510 -$ 300,000$ 300,000$ 300,000$ P-20 Playgrounds With Shade - Phase 3 -$ 250,000$ 250,000$ 250,000$ CFD-255 -$ 250,000$ 250,000$ 250,000$ P-21 Citywide Parks Infrastructure Improvement Project -$ 300,000$ 300,000$ 300,000$ CFD-255 -$ 300,000$ 300,000$ 300,000$ P-10 Stewart Park Redevelopment and Skate Park (Phase I)8,024,853$ 1,500,000$ 9,524,853$ 5,975,147$ 15,500,000$ CFD 2,250,000$ 2,250,000$ 2,250,000$ DIF - CPARK 1,024,853$ 1,500,000$ 2,524,853$ 2,524,853$ General Fund 4,750,000$ 4,750,000$ 4,750,000$ Unfunded -$ -$ 5,975,147$ 5,975,147$ P-10 Stewart Park Redevelopment and Skate Park (Phase II)-$ 3,500,000$ 3,500,000$ 3,500,000$ General Fund -$ 3,500,000$ 3,500,000$ 3,500,000$ Permits 50,000$ (29,183)$ 20,817$ 20,817$ 2019-012 WQMP & WWTP Permit 50,000$ (29,183)$ 20,817$ 20,817$ OP- WW 50,000$ (29,183)$ 20,817$ 20,817$ Planning 6,450,000$ 2,350,000$ 400,000$ 400,000$ 400,000$ 400,000$ 10,400,000$ 10,400,000$ Lift Station Condition -$ 400,000$ 400,000$ 400,000$ 400,000$ 1,600,000$ 1,600,000$ WW-RR -$ 400,000$ 400,000$ 400,000$ 400,000$ 1,600,000$ 1,600,000$ CD-03 Downtown Revitalization/Grace Bldg/Real Estate Acquisition 5,000,000$ 5,000,000$ 5,000,000$ General Fund 5,000,000$ 5,000,000$ 5,000,000$ CD-04 Zoning code update and citywide design guidelines 350,000$ 350,000$ 350,000$ General Fund 350,000$ 350,000$ 350,000$ CD-05 Climate Action Plan 350,000$ 350,000$ 350,000$ General Fund 350,000$ 350,000$ 350,000$ R-23 City-Wide Traffic Analysis 250,000$ 250,000$ 250,000$ General Fund 250,000$ 250,000$ 250,000$ R-26 Pavement Management Study -$ 250,000$ 250,000$ 250,000$ General Fund -$ 250,000$ 250,000$ 250,000$ WW-01 I&I Rehabilitation Project - Phase 1 200,000$ 200,000$ 200,000$ OP- WW 200,000$ 200,000$ 200,000$ WW-03 Wastewater Rate Study 200,000$ 200,000$ 200,000$ OP- WW 200,000$ 200,000$ 200,000$ WW-14 Recycled Water Study -$ 2,100,000$ 2,100,000$ 2,100,000$ DIF - RW -$ 2,100,000$ 2,100,000$ 2,100,000$ T-14 MicroOP- TRANSIT Feasability Analysis 100,000$ 100,000$ 100,000$ Grant- LTF 100,000$ 100,000$ 100,000$ Vehicles 5,895,741$ 7,339,440$ 700,000$ 300,000$ 14,235,181$ 14,235,181$ Crane Truck -$ 300,000$ 300,000$ 300,000$ Funding by Project Page 7 of 8Page 134 of 330 CIP SUMMARY - BY PROJECT City of Beaumont Capital Improvement Program Funding by Project Prior Year(s)FY2024 FY2025 FY2026 FY2027 FY2028 Total Funding Unfunded Amount Estimated Project Cost OP- WW -$ 300,000$ 300,000$ 300,000$ Vactor Truck -$ 700,000$ 700,000$ 700,000$ WW-RR -$ 700,000$ 700,000$ 700,000$ PS-05 Fire Truck Purchase 2,490,000$ 2,490,000$ 2,490,000$ General Fund 1,090,000$ 1,090,000$ 1,090,000$ Grant- ARPA- CA 1,400,000$ 1,400,000$ 1,400,000$ R-28 Purchase Jet/Vactor Truck -$ 430,000$ 430,000$ 430,000$ General Fund -$ 430,000$ 430,000$ 430,000$ R-31 Purchase 12-Yard Dump Truck -$ 209,000$ 209,000$ 209,000$ General Fund -$ 209,000$ 209,000$ 209,000$ T-07 Vehicle Replacements - Phase 1 1,400,000$ 1,400,000$ 1,400,000$ OP- TRANSIT 1,400,000$ 1,400,000$ 1,400,000$ T-13 Shop Truck 150,000$ 150,000$ 150,000$ Grant- STA 150,000$ 150,000$ 150,000$ T-15 2-EZ Rider ll Buses 1,700,000$ 1,700,000$ 1,700,000$ Grant- STA 1,700,000$ 1,700,000$ 1,700,000$ T-20 Shop Support Vehicle Replacements 24-02 -$ 120,000$ 120,000$ 120,000$ Grant- STA -$ 120,000$ 120,000$ 120,000$ T-21 7 CNG EZ Rider II Replacement Vehicles 24-01 -$ 6,350,000$ 6,350,000$ 6,350,000$ Grant- STA -$ 6,350,000$ 6,350,000$ 6,350,000$ T-05 Bus Wraps/ Brand Logo Update- Phase 1 155,741$ 155,741$ 155,741$ Grant- STA 155,741$ 155,741$ 155,741$ WW-13 RovverX Main Line Inspection System on 2023 Ford OP- TRANSIT T350 HR RWD with Studio Build Out-$ 230,440$ 230,440$ 230,440$ OP- WW -$ 230,440$ 230,440$ 230,440$ Grand Total 224,139,486$ 90,251,684$ 8,023,037$ 3,529,701$ 3,550,400$ 4,058,000$ 333,552,308$ 303,118,905$ 636,671,213$ Funding by Project Page 8 of 8Page 135 of 330 CIP Amendment - Jan - Page 1 of 1 3512 14 Street Riverside, California 92501 (951) 368-9229 neller@scng.com City of Beaumont 550 E. 6th Street Beaumont, California 92223 Account Number:5209298 Ad Order Number:0011640798 Customer's Reference/PO Number: Publication:The Press-Enterprise Publication Dates:01/05/2024 Total Amount:$174.51 Payment Amount:$0.00 Amount Due:$174.51 Notice ID:muD7el334IKvTGIpBHbl Invoice Text:NOTICE IS HEREBY GIVEN, that the City of Beaumont will conduct a public hearing to consider the matter described below. The City of Beaumont’s public hearing will be held at 6:00 p.m. on Tuesday, January 16, 2024, at 550 East Sixth Street, Beaumont, California. REVISIONS TO THE APPROVED CAPITAL IMPROVEMENT PROJECT PLAN FOR FYS 2023/24 - 2027/28 This meeting will be open to the public and will be recorded for live streaming on the City’s official YouTube webpage . Please use the following link during the meeting for live stream access: BeaumontCa.gov/Livestream Public comments will be accepted using the following options: 1. Emailed comments will be read aloud during the corresponding item of the meeting. Please submit your comments to NicoleW@BeaumontCa.gov 2. In person public comments. 3. Call-in comments using a designated public comment phone line (951) 922-4845. City Council will conduct a public hearing to receive testimony and comments from all interested persons. Public comments shall not exceed three minutes unless otherwise authorized by City Council. Comments can be submitted any time prior to the meeting as well as during the meeting until the end of the corresponding item. Dated: January 2, 2024 Page 136 of 330 CIP Amendment - Jan - 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: 0011640798 FILE NO. 0011640798 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: 01/05/2024 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Date: January 5, 2024. At: Riverside, California ______________________________ Signature Page 137 of 330 Unassigned Fund Balance (Reserves)Unprogrammed Revenues "Savings" or "Rainy Day Reserve"Balance in Millions "Checking" or "Current Year Operations Budget"Balance *Working Cash Flow Reserve "16% of Annual Operating Budget"10.85$ Adopted Budget "Unprogrammed Revenues" 7/1/2023 4,715,794$ Budget Stabalization 5.00$ 10/17/2023 CIP Budget Adjustment Emergency Disaster 1.00$ Beaumont Ave/Interchange 10 (500,000)$ Non-Allocated "Available"Reserves 13.62$ Annual Citywide Street Rehab and Maint (500,000)$ Total Reserves 30.47$ 44.90%Increased Costs for 12-Yard Dump Truck (40,000)$ Qtr1 Budget Adjustment November 7, 2023 Software Contract (29,500)$ *Pension 115 Trust Balance as of 11/30/2023 2.55$ Radio Communications (93,000)$ *Self-insurance Reserve 6.30$ Downtown Business (25,242)$ Vehicle Outfittting (82,616)$ State and Fed Lobbyist Contract (65,000)$ Remaining Balance 3,380,436$ *Annual Operating Budget will change annually with each budget adoption *Pension 115 Trust can be used to pay for pension costs which includes both unfunded liability or regular contributions *Self-inurance funds are used for settlements and claims within the City and have been approved by Council to have at least $2M held **Pension and Self-Insurance reserves are not included in the overall reserve balance above General Fund Page 138 of 330 Staff Report TO: City Council FROM: Christina Taylor, Deputy City Manager DATE January 16, 2024 SUBJECT: Public Hearing and First Reading of an Ordinance for the Periodic review and Recommended Changes to Beaumont Municipal Code Chapter 13.21 Mobile Home Park Rent Stabilization Description Consideration of Proposed Amendments to Beaumont Municipal Code Chapter 13.21 Mobile Home Park Rent Stabilization for the purposes of streamlining processes and consistency with state law. Background and Analysis: On November 7, 2023, the City Council met regarding proposed amendments to City Code, Chapter 13.21, the “Mobile Home Park Rent Stabilization” ordinance, which has been in effect since around 1996. Prior to the November 7, 2023 City Council meeting, the City Attorney’s office and staff reviewed the current mobile home rent stabilization provisions and recommended certain amendments be made to the ordinance. Following public comment and Council questions, Council requested staff come back with additional amendments. Per Council request, the updated proposed ordinance does the following: 1. Removes/amends outdated and/or unnecessary recitals. 2. Provides that the administration of the ordinance be under the general direction of the City Manager and/or their designee, rather than the Planning Director, in-which the position no longer exists. 3. Removes outdated statutory and other exemptions. Per public comment and Council direction, an exemption for vacancies has been added. 4. Updates/adds definitions and the CPI Index as applicable. During the November 7, 2023 City Council meeting, Council discussed whether the definition of “Mobile home park” should be further amended to raise the number of mobile home sites sufficient to fall within the ordinance. Currently, the proposed definition includes two or more mobile home sites, which mirrors state law. However, the Council may consider raising this limit to three or four. 5. Removes duplicative requirement for park registration, as mobile home park owners are required to obtain a business license, which serves the same Page 139 of 330 purpose. In lieu of the registration requirement, the proposed amendments require mobile home park owners to provide specified information upon City request. 6. Updates the available annual adjustments and petition requirements. Consistent with the current ordinance provisions, mobile home park owners may adjust the maximum rent ceiling annually in an amount equal to 100 percent of the CPI for that year. The proposed amendment recommends an increase cap at 7% per year, as well as an increase floor of 3% per year, per public request. In addition, mobile home park owners can petition for Net Operating Income Adjustments (if they are not receiving a just and reasonable rate of return on their property) or for costs of certain capital improvements. 7. Provides that petitions for adjustments be heard by the City Administrative Appeals Board, and makes corresponding reference changes throughout. The City Code already provides that the Administrative Appeals Board has the duty to conduct administrative hearings on appeals pertaining to Mobile home Park Rent Stabilization (City Code Chapter 2.30.040). This amendment creates consistency between the two provisions. 8. Removes provisions permitting petitions by tenants and landlords to seek determinations of whether proposed or actual actions by landlords are permitted under the ordinance. These provisions have not been used by tenants or landlords in at least the past several years, if at all. 9. Removes provisions related to appeals to an arbitrator. Administrative Appeals Board decisions are currently appealable to Court pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6. 10. Updates enforcement provisions. 11. Removes requirement for periodic review. 12. Removes provisions related to introduction, effective date and repeal, which are governed by state law. 13. Adds language as to when a capital improvement shall be “deemed completed” for purposes of increasing rent pursuant to a capital improvement increase petition. In addition to the above, there has been a public request to add an exemption at the local level for long-term leases. Previously, state law expressly exempted long-term leases from local rent control ordinances, provided certain requirements were met. This state exemption is now being phased out over concerns that residents lacked bargaining power and/or were being incentivized to enter such leases, without knowledge that such lease would remove residents from the protection of local rent control. If Council requests an exemption for long-term agreements be added at the local level, the following language (with or without change), may be added at Section 13.21.050, subsection C. Page 140 of 330 C. Long Term Rental Agreement. 1. Any rental agreement in excess of 12-months duration which also meets all criteria specified below shall be exempt from the space rent ceiling provisions of this ordinance. To qualify for this exemption, the rental agreement must meet all of the following criteria: a. The rental agreement shall be in excess of 12 months duration. b. The rental agreement shall be entered into between the management and the homeowner for the personal and actual residence of the homeowner. c. The homeowner shall have at least 30 days from the date the rental agreement is first offered to the homeowner to accept or reject the rental agreement. d. The homeowner who signs the rental agreement pursuant to this section may void the rental agreement by notifying management in writing within 72 hours of returning the signed rental agreement to management. e. The homeowner who signs a rental agreement pursuant to this section may void the agreement within 72 hours of receiving an executed copy of the rental agreement in accordance with the Mobilehome Residency Law. This paragraph shall only apply if management does not provide the homeowner with a copy of the signed rental agreement at the time the homeowner returns the signed rental agreement. f. The rental agreement contains a statement in the first sentence of the first paragraph, in at least twelve-point type or capital letters, giving notice to the mobilehome resident that, by entering into the lease, the rent control provisions of this ordinance will be automatically superseded by the lease provisions regarding rent and rent increases. 2. The exemption shall apply only during the term of such rental agreement or any uninterrupted, continuous extensions thereof. If such rental agreement is not extended and no new rental agreement in excess of 12-months duration is entered into, then the last month's rent under the expired rental agreement shall be the base rent for purposes of this ordinance. 3. Any rental agreement exempt from this ordinance by virtue of this section shall remain so exempt despite voluntary amendments made thereto, as long as any amendments extending the term contain the disclosures required above. 4. If, pursuant to paragraph (c) or (d) of subsection (1), the homeowner rejects the offered rental agreement or rescinds a signed rental agreement, the homeowner Page 141 of 330 shall be entitled to instead accept a rental agreement for a term of 12 months or less from the date the offered rental agreement was to have begun. In the event the homeowner elects to have a rental agreement for a term of 12 months or less, including a month-to-month rental agreement, the rental agreement shall contain the same rental charges, terms, and conditions as the rental agreement offered pursuant to subdivision (1), during the first 12 months, except for options, if any, contained in the offered rental agreement to extend or renew the rental agreement. 5. No rental agreement shall contain any terms or conditions with respect to charges for rent, utilities, or incidental reasonable service charges that would be different during the first 12 months of the rental agreement from the corresponding terms or conditions that would be offered to the homeowners on a month-to-month basis. 6. No rental agreement for a term of 12 months or less shall include any provision which authorizes automatic extension or renewal of, or automatically exten ds or renews, the rental agreement beyond the initial term for a term longer than 12 months at the sole option of either the management or the homeowner. 7. Nothing in this section shall be construed to prohibit the management from offering gifts of value, other than rental rate reductions, to homeowners who execute a rental agreement pursuant to this section. 8. At the time the rental agreement is first offered to the homeowner, the management shall provide written notice to the homeowner of the homeowner’s right (1) to have at least 30 days to inspect the rental agreement, and (2) to void the rental agreement by notifying management in writing within 72 hours of receipt of an executed copy of the rental agreement. The failure of the management to provide the written notice shall make the rental agreement voidable at the homeowner’s option upon the homeowner’s discovery of the failure. The receipt of any written notice provided pursuant to this subdivision shall be acknowledged in writing by the homeowner. 9. No rental agreement shall have a provision which authorizes automatic extension or renewal of, or automatically extends or renews, the rental agreement for a period beyond the initial stated term at the sole option of either the management or the homeowner. Alternatively, Council may elect to exempt only those long-term leases already in effect, during the current term of the long-term lease. If Council requests this exemption, the Page 142 of 330 following language (with or without change), may be added at Section 13.21.050, subsection C. C. Long Term Rental Agreement. 1. Subject to subsection 2, any rental agreement entered into on or before December 31, 2023, which is in excess of 12-months duration and meets the criteria specified in the Mobilehome Residency Law, including Section 798.15 and Section 798.17 of the California Civil Code. Any long-term rental agreement that meets the requirements of subsection 1, above, shall be exempt from this Ordinance during the current term of the agreement in effect on or before December 31, 2023, only. Fiscal Impact: The cost to prepare this staff report is approximately $1,000 . Recommended Action: Hold a public hearing; and Waive the first full reading and approve by title only, “An Ordinance of the City Council of the City of Beaumont California Amending Chapter 13.21 Mobile Home Park Rent Stabilization of the Beaumont Municipal Code”. Attachments: A. Ordinance Amending Chapter 13.21 B. Proposed Chapter 13.21 – Redline Version C. Proof of Public Notice Page 143 of 330 1 ORDINANCE NO. __________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING BEAUMONT MUNICIPAL CODE CHAPTER 13.21 “MOBILE HOME PARK RENT STABILIZATION” THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 2. Prosecution of Prior Ordinances. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the City of Beaumont Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 3. City Code Chapter 13.21, Section 13.21.020 “Statement of purpose and findings” is amended to read as follows: 13.21.020 Statement of purpose and findings. A. Mobile home owners have a substantial investment in their residences and appurtenances for which space is rented or leased. Alternate sites for relocation of mobile homes are difficult to find due to restrictions of age, size, or style of mobile homes permitted in many parks, and related to the installation of mobile homes, including permits, landscaping and site preparation. Additionally, the cost of moving a mobile home may be substantial, and the risk of damage in moving is significant. B. Mobile homes are often occupied by senior citizens, persons on fixed income and persons of low or moderate income, where extreme rent adjustments fall upon these individuals with particular harshness. Many mobile home owners have a substantial portion of their net asset worth invested in their mobile homes. The continuing possibility of unreasonable space rental adjustments in mobile home parks threatens to diminish the value of the investment of the mobile home owners in their homes. Further, existing state law permits mobile home park owners to require mobile home owners to make modifications to their homes for reasons of aesthetics or conformity to park standards that amount to capital improvements which would accrue to the benefit of the park owner by potentially increasing the market value of the park itself. Page 144 of 330 2 C. The result of these conditions is the creation of a captive market of mobile home owners and tenants. This, in turn, contributes to the creation of an imbalance in the bargaining relationship between park owners and mobile home park tenants in favor of the park owners. D. The City Council of the City of Beaumont finds and declares it necessary to facilitate and encourage fair bargaining between mobile home owners and park owners in order to achieve mutually satisfactory agreements regarding space rental rates in mobile home parks (a) to preserve to the residents the value of their mobile homes and (b) to preserve to the park owners the value of their parks. Absent such agreements, the City Council further finds and declares it necessary to protect the owners and residents of mobile homes from unreasonable space rental adjustments while simultaneously recognizing and providing for the need of park owners to receive a just and reasonable return on their property. E. The City Council of the City of Beaumont finds that it is the goal of the City's Housing Element to "conserve and improve the condition of the existing stock of affordable housing" in the City, and to encourage conversion of mobile home rental units or mobile home parks to ownership in a way that maintains existing affordable conditions. F. The City Council of the City of Beaumont finds and declares that Ordinance No. 602, enacted in 1984, and amendments, adding Chapter 13.16 to the Beaumont Municipal Code, entitled Mobile Home Rent Revenue Commission, has been reviewed and evaluated and is found to be inadequate for the needs and purposes of the City as reflected in the above findings and should, therefore, be repealed with the adoption of this Ordinance. G. Administration of this Ordinance shall be under the general direction of the City Manager or their designee. SECTION 4. City Code Chapter 13.21, Section 13.21.030 “Application” is amended to read as follows: 13.21.030 Application. The provisions of this Ordinance shall apply to all mobile home residential rental spaces located within the City of Beaumont unless otherwise exempt from the provisions of this Ordinance by the Mobilehome Residency Law, this Ordinance, or by applicable State or Federal law. Nothing in this Ordinance shall be deemed to supersede any provision of California Civil Code Section 798 et seq., and as it may be amended. SECTION 5. City Code Chapter 13.21, Section 13.21.040 “Definitions” is amended to read as follows: Page 145 of 330 3 13.21.040 Definitions. In construing the provisions of this Ordinance, the following definitions shall apply: A. "Base year" is the calendar year 1995. B. "Capital Improvement" means the installation of new improvements and facilities, and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance or repairs, with a useful life of at least five years. C. “City” means the City of Beaumont, California. D. "Consumer Price Index" or "C. P. I." means the Index known as the "Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario Area”, or the index which may replace this index if it is discontinued. E. "Mobile home" shall have the same meaning as set forth in California Civil Code section 798.3, as may be amended from time to time. Notwithstanding the above, mobile home does not include "recreational vehicle" as defined in Section 799.29 of the Civil Code or a "commercial coach" as defined in Section 18001.8 of the Health and Safety Code. F. “Mobilehome owner” or “homeowner” means any person who has a tenancy in a Mobile home Park under a rental agreement. G. “Mobile home park” means any area of land in the City where two or more mobile home sites are rented, or held out for rent, to accommodate mobile homes used for human habitation. H. "Mobile home park owner" or "park owner" means the owner, lessor, operator, manager or designated agent thereof of a mobile home park; sometimes referred to as "owner” or “landlord.” I. “Mobilehome Residency Law” means and refers to Chapter 2.5 of the California Civil Code section 798, et seq., as may be amended from time to time. J. "Mobile home space" or "space" means the site within a mobile home park intended, designed, or used for the location or accommodation of a mobile home and any accessory structures or appurtenances attached thereto or used in conjunction therewith. K. "Rent adjustments" means any rent increase or decrease demanded of or paid by a tenant, including any reduction in housing services without a corresponding reduction in the monies demanded or paid for rent. Page 146 of 330 4 L. "Rental agreement" means an agreement between a mobile home park owner and tenant establishing the terms and conditions of a tenancy in a mobile home park. A lease is a rental agreement. M. “Resident” is a homeowner or other person who lawfully occupies a mobile home in the City. N. "Residential rental space" means any mobile home space occupied by any person other than the owner of the park for payment of rent pursuant to an oral or written lease, or other form of rental agreement. O. "Space rent" means the consideration, including any bonuses, benefits, or gratuities demanded or received for and in connection with the use or occupancy of a mobile home space within a mobile home park, or for housing services provided and security deposits, but exclusive of any amounts paid for the use of the mobile home as a dwelling unit. The use or occupancy of a mobile home space shall include the exercise of all rights and privileges and the use of facilities, services and amenities accruing to the residents thereof. "Space rent" shall not include any separately billed utility fees and charges for natural gas or liquid propane gas, electricity, water, cable television, garbage or refuse service and sewer service. P. "Tenancy" means the right of a homeowner to the use of a site within a mobile home park on which to locate, maintain, and occupy a mobile home, site improvements and accessory structures for human habitation, including the use of the services and facilities of the mobile home park. Q. "Tenant" means any person entitled to occupy such mobile home space pursuant to an oral or written lease with the owner thereof, or pursuant to some other rental agreement with the owner, lessor, operator or manager thereof. SECTION 6. City Code Chapter 13.21, Section 13.21.050 “Exemptions from coverage” is hereby amended to read as follows: 13.21.050 Exemptions from coverage. The provisions of this Ordinance shall not apply to the following: A. Any rental agreement exempt from local rent control regulations pursuant to the Mobilehome Residency Law, as may be amended from time to time. B. Vacancies. 1. Subject to the exceptions in paragraphs 2 and 3 below, if the mobile home space or mobile home is (a) voluntarily vacated, abandoned, or repossessed, or (b) vacated pursuant to the Mobilehome Residency Law, the landlord may adjust the rental rate to an amount as he or she in his or her discretion may determine. Page 147 of 330 5 2. If the mobile home is sold in place and is to remain on site, the landlord may only increase the rental rate of the space to the new owner to an amount that is no greater than the average of the three highest rentals then currently being charged by the park owner for resident owner-occupied spaces of comparable size, location and amenities in the park. 3. In the event a resident owner must move from his or her mobile home because of a need for long term medical or custodial care, the space shall remain subject to this Ordinance during the time that the owner is absent and remains incapacitated. In those parks that allow subletting, the absent and incapacitated owner may sublet the mobile home for a charge not to exceed the space rent and utilities and all legally allowable pass thorough costs for a period of time not to exceed 24 months without removing the space from the protection of this Ordinance. C. Violation. No person shall perform any act of duress, menace, or undue influence with the intent of thereby obtaining the consent of any other person to enter into any lease for the occupancy of a residential rental space in a mobile home park or to otherwise force compliance with an applicable exemption from this Ordinance. SECTION 7. City Code Chapter 13.21, Section 13.21.060 “Registration and fees” is hereby repealed. City Code Chapter 13.21, Section 13.21.060 “Information Upon Request” is added to read as follows: 13.21.060 Information Upon Request. A mobile home park owner shall provide the following information to the City upon request: the number of mobile home rental spaces within the park, the space rent charged for each space, and the number of spaces currently exempt from this Chapter. SECTION 8. City Code Chapter 13.21, Section 13.21.090 “Space rent ceiling adjustment — Annual adjustments” is hereby amended to read as follows: 13.21.090 Space rent ceiling adjustment—Annual adjustments. Commencing in calendar year 1996, park owners shall be entitled to the following annual adjustments. A. Permissive Annual Adjustment. A park owner shall be entitled to one annual permissive adjustment of gross space rental income equal to 100 percent of the percentage adjustment in the CPI for that year, but in no case more than 7% per year or less than 3% per year. A park owner shall not impose more than one (1) rent increase for a covered residential rental space in any 12-month period, calculated from the Page 148 of 330 6 date the rent increase takes effect, unless otherwise permitted pursuant to this Ordinance. No application or permission is required for the annual CPI adjustment under this section. B. Net Operating Income (NOI) Adjustment. 1. In the event a park owner believes he or she does not receive a just and reasonable return on park property after receiving the maximum permissive CPI adjustment provided for above, the park owner may, upon payment of all filing or other fees required, file a petition with the Administrative Appeals Board for an adjustment of the space rent ceiling, providing adequate justification for the proposed increase. 2. In addition to any other applicable information required by the Administrative Appeals Board, any such petition shall be in writing verified by the applicant, and shall contain the names, address and telephone number of the applicant, the name and address of the tenant of each rental space which would be affected if the petition were granted, a statement of the facts giving rise to the petition for an NOI adjustment in sufficient detail that, if established, such facts would demonstrate the existence of a decrease in the NOI warranting such NOI adjustment. 3. Within 30 working days after the petition has been submitted to the Administrative Appeals Board for filing, petitioner shall be given notice of the time and place of the hearing, which notice together with a copy of the petition shall be served upon or mailed to each tenant of a rental space which would be affected by the NOI adjustment, if granted. When a declaration of service has been submitted to the Administrative Appeals Board, the petition for an NOI adjustment shall be deemed filed. 4. Upon filing of a complete petition, and presentation of sufficient facts demonstrating the existence of a decrease in the NOI warranting such NOI adjustment, a park owner shall be entitled to an adjustment of the space rent ceiling so as to enable the park owner's NOI for the subsequent year to be increased by a rate which, when added to the maximum permissible CPI adjustment provided for above will give the park owner a just and reasonable return on park property. In determining whether the current NOI is adequate in comparison with the base year NOI, the NOI for the park earned in the base year shall be increased by the amount of the CPI increase from the base year to the date of the proposed rental increase. 5. During the hearing, any tenant which would be affected if the petition is granted shall be permitted to be heard and to present any evidence for or against the proposed NOI adjustment. Page 149 of 330 7 6. No annual adjustment shall become effective if a previous annual adjustment became effective within the previous 12 months unless approved by the Administrative Appeals Board C. Rent Increase Based upon Capital Improvements. 1. A park owner shall be permitted to increase rent for a capital improvement upon petition to the Administrative Appeals Board where: (a) the improvement has been agreed upon between the park owner, and by more than 50 percent of the owners of all mobile homes affected by the improvement in an election called to consider the matter with each space casting one vote by written ballot; or (b) the improvement is required (a) to maintain the common facilities and other areas of the park in a safe and sanitary condition (b) to maintain the existing level of park amenities and services, or (c) to comply with the law or an administrative regulation. No vote of mobile home owners shall be required for approval under this provision. 2. Capital improvement costs for items which are not necessary or approved as described above in paragraph 1, shall be allowable rent increases only upon petition to the Administrative Appeals Board which establishes that the park owner has (a) consulted with the park residents to be affected prior to initiating construction of such improvements, regarding the nature and purpose of such improvements and the estimated cost of such improvements, and (b) demonstrated the need for the improvements and the reasonableness of the anticipated costs. 3. The petition for the cost of a completed capital improvement or the estimated cost of a proposed capital improvement under this section shall be filed by the park owner with the Administrative Appeals Board, including payment of filing or other fees, and shall contain: (a) A description of the capital improvement; (b) A copy of all estimates, contracts, bills, invoices, canceled checks and other documentation reasonably necessary to establish the cost of the capital improvement and the reasonable cost of financing the capital improvement. If, instead of borrowing the money to make the capital improvement, the park owner uses his or her own funds, the reasonable cost of financing which will be allowed shall be the average federal prime rate charged for the three months preceding the start of construction of the capital improvement; and Page 150 of 330 8 (c) If the capital improvement has been agreed upon between the park owner and by more than 50 percent of the owners of all mobile homes affected by the improvement, proof of that fact will be submitted with the application. 4. Capital improvement rent increases shall be amortized over the useful life of the improvement as set forth in Internal Revenue "class life" tables then in effect, unless the Administrative Appeals Board, in its discretion determines that the use of such tables is unreasonable under the circumstances. 5. In addition to the reasonable cost of the improvement(s) and the reasonable costs of financing, the rent increase shall include a return of two percent over the federal prime rate in effect at the time the rent increase is approved calculated annually on the unamortized cost improvement. 6. In the event the need for the capital improvement is a result of an accident, disaster, or other event for which the park owner receives insurance benefits, only those capital improvement costs which exceed such insurance benefits may be amortized as operating expenses unless the uncovered loss or portion thereof is a result of an underinsured or uninsured loss in which event the underinsured or uninsured portion is disallowed unless prudent business practices would not require it to be insured. 7. Capital improvement rent increases shall be apportioned equally among all spaces in the mobile home park affected thereby and shall be payable monthly, and shall be set forth by the park owner as a separate item fro m the space rent. The increase shall remain in effect until the cost of the improvement, plus reasonable costs of financing as set forth above, have been fully recovered. 8. The Administrative Appeals Board may, in its discretion, approve the capital improvement without the necessity of a hearing, as provided for in this Ordinance. 9. No rent increase for a proposed capital improvement may be collected until the improvement has been completed. The capital improvement shall be deemed completed upon satisfactory final inspection by the City of any approved plans, permitted construction work or permit issued. SECTION 9. City Code Chapter 13.21, Section 13.21.100 “Required certification on rental adjustment notice” is hereby amended to read as follow: 13.21.100 Required certification on rental adjustment notice. Page 151 of 330 9 The Administrative Appeals Board shall have the right to deny any rent adjustment under this Ordinance if the owner has failed to comply with any provisions of this Ordinance. SECTION 10. City Code Chapter 13.21, Section 13.21.110 “Petition by tenant” is hereby repealed and reserved. SECTION 11. City Code Chapter 13.21, Section 13.21.120 “Petition by landlord” is hereby repealed and reserved. SECTION 12. City Code Chapter 13.21, Section 13.21.130 “Appeal to Arbitrator” is hereby repealed and reserved. SECTION 13. City Code Chapter 13.21, Section 13.21.140 “Arbitration” is hereby repealed and reserved. SECTION 14. City Code Chapter 13.21, Section 13.21.150 “Selection of Arbitrator” is hereby repealed and reserved. SECTION 15. City Code Chapter 13.21, Section 13.21.160 “Conduct of Arbitration” is hereby repealed and reserved. SECTION 16. City Code Chapter 13.21, Section 13.21.070 “Appeal to court” is hereby amended to read as follows: 13.21.170 Appeal to court. The findings and decision of the Administrative Appeals Board shall be a final administrative action. There shall be no right of appeal to the City Council, but appeal may be made to Court pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6. Such findings and decision shall be public records, and may be certified by the City Clerk. Each decision shall set forth a Notice as required by Code of Civil Procedure Section 1094.6. The decision shall become effective and final upon mailing to the parties. SECTION 17. City Code Chapter 13.21, Section 13.21.090 “Rental adjustment regulations” is hereby amended to read as follows: 13.21.190 Rent adjustment regulations. For purposes of determining allowable NOI rent adjustments pursuant to Section 13.21.090B, the principles set forth in this section shall be used. The Administrative Appeals Board may consider all relevant factors including, but not limited to: increases or decreases in operating and maintenance expenses, the extent and cost of utilities paid by the park owner, necessary and reasonable capital improvements of the park as distinguished from normal repair, replacement and maintenance, increases or decreases in amenities, equipment, insurance, services, substantial deterioration of the park other than as a result of ordinary wear and tear, failure on the part of the park owner to provide timely and/or adequate maintenance and repair, federal and state income Page 152 of 330 10 tax benefits, the speculative nature of the investment, whether or not the property was acquired or is held as a long term or short term investment, the owner's rate of return on investment, the owner's method of financing and prudent use and need thereof, the owner's current and base year net operating income (NOI) as inflated to date by current CPI and any other factors deemed relevant by the Administrative Appeals Board, in providing the owner a fair return. The fact that a park is old shall not, of itself, be indicative that maintenance has deteriorated. The Administrative Appeals Board shall distinguish between normal deterioration and obsolescence of the park due to age and failure to adequately maintain. In the event any such claim or claims of failure to adequately maintain are proven, the Administrative Appeals Boards may take one or more of the following actions: A. Deny any rental increase. B. Offset any allowable rental increase by an amount that is adequate to reflect the degree of failure to adequately maintain. C. Condition any allowable rental increase upon a remediation of the failure to maintain by the park owner. In this regard, the Administrative Appeals Board may freeze rents at the pre-increase level until such time as the park owner has come into compliance with the Administrative Appeal Board’s decision. D. The Administrative Appeals Board may recess the hearing for a period not to exceed 90 days to allow the park owner to correct the condition or conditions of inadequate maintenance. E. The Administrative Appeals Board may combine any two or more of the above- listed actions and/or may take any other action or actions that it deems necessary to correct the problem of inadequate maintenance. SECTION 18. City Code Chapter 13.21, Section 13.21.210 “Gross income” is hereby amended to read as follows: 13.21.210 Gross income. Gross income equals: A. Gross rents, computed as gross rental income at 100 percent paid occupancy, plus B. Interest from rental deposits, unless directly paid by the landlord to the tenants, plus C. Income from miscellaneous sources, including, but not limited to, laundry facilities, vending machines, amusement devices, cleaning fees or services, garage and parking fees, plus Page 153 of 330 11 D. All other income or consideration received or receivable for or in connection with the use or occupancy of rental units, E. Minus uncollected rents due to vacancy and bad debts to the extent that the same are beyond the landlord's control. SECTION 19. City Code Chapter 13.21, Section 13.21.220 “Allowable operating expenses” is hereby amended to read as follows: 13.21.220 Allowable operating expenses. Operating expenses shall include but not be limited to the following: A. Real property taxes, B. Utility costs. Utility costs are for natural gas or liquid propane gas, electricity, water, cable television, garbage or refuse service, and sewer service, unless billed separately to and paid by the park residents in which case the park owner may not deduct such costs. It is assumed that charges for utility services billed to the tenant separately include an adequate reserve amount to repair and upgrade meters, lines and equipment and the park owner shall have the burden of showing by clear and convincing evidence that any additional expense is necessary to cover such repairs or upgrade. C. Management fees actually paid if management services are contracted for. If all or a portion of management services are performed by the landlord, management fees shall include the reasonable value for such landlord performed services. Management fees greater than five percent of gross income are presumed to be unreasonable. Such presumption may be rebutted. D. Other reasonable management expenses, including, but not limited to, necessary and reasonable advertising, accounting and insurance. E. Normal repair and maintenance expenses, including, but not limited to, painting, normal cleaning, fumigation, landscaping, and repair of all standard services, including electrical, plumbing, carpentry, furnished appliances, drapes, carpets, and furniture. F. Owner-performed labor, which shall be compensated at the following hourly rates upon documentation of the date, time, and nature of the work performed: 1. At the general prevailing rate of per diem wages for the Riverside area, for the specific type of work performed, as determined and published by the Director of the Department of Industrial Relations of the State of California pursuant to Section 1770 et seq. of the Labor Code of the State of California. Page 154 of 330 12 2. If no such general prevailing rate has been determined and published, then a cost per hour for general maintenance and a cost per hour for skilled labor as established by Riverside County Office of Economic Development. 3. Notwithstanding the above, a landlord may receive greater or lesser compensation for self-labor if the landlord proves by clear and convincing evidence that the amounts set forth above are substantially unfair in a given case. 4. Owner performed labor in excess of five percent of gross income shall not be allowed unless the landlord proves by clear and convincing evidence that such excess labor expenses resulted in proportionately greater services for the benefit of tenants. G. License and registration fees required by law to the extent same are not otherwise paid by tenants. H. The reasonable cost of the capital improvement including reasonable financing costs, plus two percent over the federal prime rate in effect at the time of the assessment computed in accordance with any useful life table utilized by the Internal Revenue Service. I. Reasonable attorneys' fees and costs incurred as normal reasonable costs of doing business, including, but not limited to, good faith attempts to recover rents owing and good faith unlawful detainer actions not in derogation of applicable law, to the extent same are not recovered from tenants. SECTION 20. City Code Chapter 13.21, Section 13.21.230 “Operating expenses not allowable” is hereby amended to read as follows: 13.21.230 Operating expenses not allowable. Operating expenses shall not include the following: A. Avoidable, unreasonable or unnecessary expenses. All expenses allowed must be reasonable. To the extent that the Administrative Appeals Board finds any expense(s) to be unreasonable, the Administrative Appeals Board shall adjust such expense(s). B. Mortgage principal and interest payments. In refinancing, increased interest shall be permitted to be considered as an operating expense only where the park owner can show that the refinancing was reasonable and consistent with prudent business practices under the circumstances. C. Lease purchase payments; and rent or lease payments to park owner's lesser; except that increases in such payments in any year may be allowed if found by the Page 155 of 330 13 Administrative Appeals Board to be reasonable and consistent with prudent business practice under the circumstances. D. Excessive costs of maintenance caused by delaying normal maintenance. E. A cost that results because the loss is uninsured where prudent business practice would expect insurance coverage or the cost for that portion of a loss above a normal deductible, if underinsured. F. Depreciation of the real property. G. Any expenses for which the landlord has been reimbursed by any security deposit, insurance settlement, judgment for damages, settlement, or any other method. H. Attorneys’ fees and other costs incurred for preparation and presentation of proceedings before the Administrative Appeals Board, or in connection with civil actions or proceedings against the City or the Administrative Appeals Board. I. Penalties, fees or interest assessed or awarded for violation of this or any other statute or ordinance. SECTION 21. City Code Chapter 13.21, Section 13.21.250 “Rebutting the presumption” is hereby amended to read as follows: 13.21.250 Rebutting the presumption. It may be determined that the base year net operating income yielded other than a fair return on property, in which case, the base year Net Operating Income may be adjusted. In order to make such a determination, the Administrative Appeals Board must make at least one of the following findings: A. The owner's operating and maintenance expenses in the base year were unusually high or low in comparison to other years. In such instances, adjustments may be made in calculating such expenses so the base year operating expenses reflect average expenses for the property over a reasonable period of time. The Administrative Appeals Board shall consider the following factors: 1. The owners made substantial capital improvements during the base year which were not reflected in the rent levels on the base date. 2. Substantial repairs were made due to damage caused by natural disaster, vandalism or other cause which management has taken appropriate action to reduce. 3. Maintenance and repair were below accepted standards so as to cause significant deterioration in the quality of housing services. Page 156 of 330 14 4. Other expenses were unreasonably high or low notwithstanding the following of prudent business practices by management. B. The rental rates in the base year were disproportionate due to enumerated factors below. In such instances, adjustments may be made in calculating gross rents consistent with the purpose of this Ordinance. 1. The rental rates in the base year were substantially higher or lower than in preceding months by reason of premiums being charged or rebates being given for reasons unique to particular units or limited to the period determining the base rent. 2. The rent in the base year was substantially higher or lower than at other times of the year by reason of seasonal demand or seasonal variations in rent. 3. The rental rates in the base year were exceptionally high or low due to other factors which would cause the application of the base year net operating income to result in gross inequity to either the owner or tenant. SECTION 22. City Code Chapter 13.21, Section 13.21.260 “Determination of base year net operating income” is hereby amended to read as follows: 13.21.260 Determination of base year net operating income. A. To determine the net operating income during the base year, there shall be deducted from the annualized gross income being realized in 1991, a sum equal to the actual operating expenses for calendar year 1991, unless the owner demonstrates to the satisfaction of the Administrative Appeals Board that the use of some other consecutive 12-month period is justified by reasons consistent with the purposes of this section. B. In the event the owner did not own the subject property during the base year, the operating expenses for 1991 shall be determined by one of the following methods, whichever the Administrative Appeals Board determines to be more reliable in the particular case: 1. The previous owner's actual operating expenses as defined in Section 13.21.220 and 13.21.230 if such figures were available, or 2. Actual operating expenses for the first calendar year of new ownership, adjusted to 1991. C. Park owners shall be entitled to maintain and increase their net operating income from year to year in accordance with the guidelines set forth in this Ordinance. It shall further be rebuttably presumed that where the net operating income is less Page 157 of 330 15 than 50 percent of gross income in the base year, the park owner was receiving less than a just and reasonable return on the mobile home park. SECTION 23. City Code Chapter 13.21, Section 13.21.270 “Determination of current year net operating income” is hereby amended to read as follows: 13.21.270 Determination of current year net operating income. To determine the current year net operating income there shall be deducted from the annualized gross income, determined by analyzing the monthly rents in effect at the time of filing of a petition, a sum equal to the actual operating expenses for the last calendar year (unless the owner demonstrates to the satisfaction of the Administrative Appeals Board that the use of some other consecutive 12-month period is justified by reasons consistent with the purposes of this section). SECTION 24. City Code Chapter 13.21, Section 13.21.290 “Discretionary Considerations” is hereby amended to read as follows: 13.21.290 Discretionary considerations. While the net operating income formula should operate to provide a park owner a fair return on the park, the Administrative Appeals Board considering a request for rent increases shall consider all relevant factors presented in making a determination, as set forth in this Ordinance. SECTION 25. City Code Chapter 13.21, Section 13.21.300 “Increases pending hearing” is hereby amended to read as follows: 13.21.300 Increases pending hearing. Rent increases which require petition with the Administrative Appeals Board may not be collected by the park owner until such time as ordered by a final decision of the Administrative Appeals Board or unless agreed upon by the residents and the park owner; however, a park owner may continue to collect the full amount of rent permitted, including any permissive CPI adjustment, which does not require such approval. SECTION 26. City Code Chapter 13.21, Section 13.21.310 “Rent adjustments for reduction in utility services” is hereby amended to read as follows: 13.21.310 Rent adjustments for reduction in utility services. A. If a mobile home park provides in the rent, without separate charge, utilities or similar services (including, but not limited to, natural gas, electricity, water, sewer, trash, and/or cable television) and converts to separate charge for such service by separate metering, separate charge or other lawful means of transferring to the tenant the obligation for payment for such services, the cost savings shall be passed through to tenants by a rent adjustment equal to the actual cost to the park of such Page 158 of 330 16 transferred utility or similar service (less common area usage) based on costs for the 12 months period prior to notice to the tenants of the change. It is the intent of this Section for those rental agreements entered into on or after January 1, 1991, to be consistent with the provisions of Mobilehome Residency Law, including Civil Code Section 798.41 as adopted by Chapter 1013, Section 2 of the Statutes of 1990, as may be amended from time to time. B. For purposes of this section, in determining cost savings to be passed on to tenants in the form of decreased rent, the cost of installation of separate utility meters, or similar costs incurred by the owner to shift the obligation for payment of utility costs to the tenants shall not be considered. However, this shall not be construed to prohibit or prevent the consideration of inclusion of such costs as an increased operating expense. SECTION 27. City Code Chapter 13.21, Section 13.21.320 “Quantum of proof and burden of proof” is hereby amended to read as follows: 13.21.320 Quantum of proof and burden of proof. The decision of the Administrative Appeals Board must be supported by the evidence submitted. The petitioning party shall have the burden of going forward with the evidence and the burden of persuasion by a preponderance of the evidence. SECTION 28. City Code Chapter 13.21, Section 13.21.330 “Remedies for violation” is hereby amended to read as follows: 13.21.330 Remedies for violation. A. Civil Remedies. Any person who demands, accepts, or retains any payment in violation of any provision of this Ordinance shall be liable in a civil action to the person from whom such payment is demanded, accepted, or retained, together with reasonable attorney's fees and costs as determined by the Court. B. Criminal Remedies. It shall be unlawful for any owner to willfully and knowingly adjust any rent in an amount in excess of that allowed under this Ordinance. Any owner who willfully and knowingly violates any of the provisions of this Ordinance shall be guilty of a misdemeanor punishable by a fine not exceeding $1,000 or six months in jail or both. C. Injunctive and Other Civil Relief. Any Mobile home park operated, conducted, or maintained contrary to the provisions of this Ordinance shall be, and is hereby declared to be, unlawful and a public nuisance, and the City may, in addition to or in lieu of prosecution in a civil or criminal action under this Ordinance, commence an action or actions, proceeding or proceedings for the abatement, removal, and enjoinment thereof, in the manner provided by law, and shall take such other steps, and shall apply to such courts or court as may have jurisdiction to grant such relief Page 159 of 330 17 as will abate, remove, and/or restrain and enjoin any person from operating, conducting, or maintaining a Mobile home park contrary to the provisions of this Ordinance. Such remedies shall be in addition to any other judicial or administrative remedies available to the City under the City Code or state law. D. Non-waiver of Rights. Any waiver or purported waiver by a tenant or prospective tenant of rights granted under this Ordinance prior to the time when such rights may be exercised, whether oral or written, shall be void as contrary to public policy. E. All remedies prescribed by this Ordinance are cumulative and the election of one or more remedy does not bar the City from the pursuit of any other remedy to enforce this Ordinance. F. Each violation of this Ordinance shall constitute a separate violation and each violation may be charged as a separate count in the event of administrative or criminal enforcement action. SECTION 29. City Code Chapter 13.21, Section 13.21340 “Periodic review of Ordinance” is hereby repealed and reserved. SECTION 30. City Code Chapter 13.21, Section 13.21.370 “Prospective effect” is hereby repealed and reserved. SECTION 31. City Code Chapter 13.21, Section 13.21.380 “Introduction” is hereby repealed and reserved. SECTION 32. City Code Chapter 13.21, Section 13.21.390 “Effective date” is hereby repealed and reserved. SECTION 33. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 36937. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont, California, approves an amendment to the City Code. INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 16th day of January, 2024, by the following roll call vote: AYES: NOES ABSENT ABSTAIN Page 160 of 330 18 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the ______ day of ________________, 2024. AYES: NOES: ABSENT: ABSTAIN: _______________________ David Fenn, Mayor Attest: ______________________ Elaine Morgan, City Clerk Page 161 of 330 1 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Chapter 13.21 MOBILE HOME PARK RENT STABILIZATION 13.21.010 Title. This Ordinance may be cited as the Mobile Home Park Rent Stabilization Ordinance of the City of Beaumont. 13.21.020 Statement of purpose and findings. A. Mobile home owners have a substantial investment in their residences and appurtenances for which space is rented or leased. Alternate sites for relocation of mobile homes are difficult to find due to restrictions of age, size, or style of mobile homes permitted in many parks, and related to the installation of mobile homes, including permits, landscaping and site preparation. Additionally, the cost of moving a mobile home may be substantial, and the risk of damage in moving is significant. B. A significant percentage (nearly 11%) of the residential population of the City of Beaumont resides in mobile homes. BC. Mobile homes are often occupied by senior citizens, persons on fixed income and persons of low or moderate income, where extreme rent adjustments fall upon these individuals with particular harshness. Many mobile home owners have a substantial portion of their net asset worth invested in their mobile homes. The continuing possibility of unreasonable space rental adjustments in mobile home parks threatens to diminish the value of the investment of the mobile home owners in their homes. Further, existing state law permits mobile home park owners to require mobile home owners to make modifications to their homes for reasons of aesthetics or conformity to park standards that amount to capital improvements which would accrue to the benefit of the park owner by potentially increasing the market value of the park itself. CD. The result of these conditions is the creation of a captive market of mobile home owners and tenants. This, in turn, contributes to the creation of an imbalance in the bargaining relationship between park owners and mobile home park tenants in favor of the park owners. DE. The City Council of the City of Beaumont finds and declares it necessary to facilitate and encourage fair bargaining between mobile home owners and park owners in order to achieve mutually satisfactory agreements regarding space rental rates in mobile home parks (a) to preserve to the residents the value of their mobile homes and (b) to preserve to the park owners the value of their parks. Absent such agreements, the City Council further finds and declares it necessary to protect the owners and residents of mobile homes from unreasonable space rental adjustments Page 162 of 330 2 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman while simultaneously recognizing and providing for the need of park owners to receive a just and reasonable return on their property. EF. The City Council of the City of Beaumont finds that it is the goal of the City's Housing Element to "conserve and improve the condition of the existing stock of affordable housing" in the City, and to encourageprohibit conversion of mobile home rental units or mobile home parks to ownership or other uses unless conditions are adopted toin a way that maintains existing affordable conditions. FG. The City Council of the City of Beaumont finds and declares that Ordinance No. 602, enacted in 1984, and amendments, adding Chapter 13.16 to the Beaumont Municipal Code, entitled Mobile Home Rent Revenue Commission, has been reviewed and evaluated and is found to be inadequate for the needs and purposes of the City as reflected in the above findings and should, therefore, be repealed with the adoption of this Ordinance. GH. Administration of this Ordinance shall be under the general direction of the City Manager or their designee.Planning Director hereinafter referred to as "Director," with general oversight responsibility vested in the City Manager. 13.21.030 Application. The provisions of this Ordinance shall apply to all mobile home residential rental spaces located within the City of Beaumont unless otherwise exempt from the provisions of this Ordinance by the Mobilehome Residency Law, , as such exemptions are provided for hereinafter in this Ordinance, and by law.or by applicable State or Federal law. Nothing in this Ordinance shall be deemed to supersede any provision of California Civil Code Section 798 et seq., and as it may be amended. 13.21.040 Definitions. In construing the provisions of this Ordinance, the following definitions shall apply: A. "Base year" is the calendar year 1995.; or the year established by the most recent (prior) hearing before the Arbitrator or Board; or, if necessary, the year established by the Arbitrator or Board in parks that have been sold since 1995. B. "Capital Improvement" means the installation of new improvements and facilities, and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance or repairs, with a useful life of at least five years. A.C. “City” means the City of Beaumont, California. B.D. "Consumer Price Index" or "C. P. I." means the Index known as the "Consumer Price Index for all Urban Consumers for the Los Angeles-Anaheim- Formatted: Not Highlight Formatted: Font: (Default) Times New Roman, 12 pt Formatted: No bullets or numbering Formatted: Not Highlight Page 163 of 330 3 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman RiversideRiverside-San Bernardino-Ontario Area”, , (1982-1984) and thereafter or the index which may replace this index if it is discontinued. C. "Landlord" means any owner, lessor, operator or manager of a mobile home park. D.E. "Mobile home" shall have the same meaning as set forth in California Civil Code section 798.3, as may be amended from time to time. means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Except as provided in Civil Code Section 798.3, Notwithstanding the above, mobile home does not include "recreational vehicle" as defined in Section 799.29 of the Civil Code or a "commercial coach" as defined in Section 18001.8 of the Health and Safety Code. E.F. "“Mobile home owner"” or "“resident"homeowner” means any person who has a tenancy in a Mobile home Park under a rental agreement. entitled to occupy a mobile home dwelling space pursuant to ownership thereof or a rental or lease agreement with the owner thereof. G. “Mobile home park” means any area of land in the City where two or more mobile home sites are rented, or held out for rent, to accommodate mobile homes used for human habitation. F.H. "Mobile home park owner" or "park owner" means the owner, lessor, operator, manager or designated agent thereof of a mobile home park; sometimes referred to as "owner” or “landlord.”r." I. “Mobilehome Residency Law” means and refers to Chapter 2.5 of the California Civil Code section 798, et seq., as may be amended from time to time. G.J. "Mobile home space" or "space" means the site within a mobile home park intended, designed, or used for the location or accommodation of a mobile home and any accessory structures or appurtenances attached thereto or used in conjunction therewith. K. H. "Rent adjustments" means any rent increase or decrease demanded of or paid by a tenant, including any reduction in housing services without a corresponding reduction in the monies demanded or paid for rent. H.L. I. "Rental agreement" means an agreement between a mobile home park owner and tenant establishing the terms and conditions of a tenancy in a mobile home park. A lease is a rental agreement. M. J. “Resident” is a homeowner or other person who lawfully occupies a mobile home in the City. Formatted: Not Highlight Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 1" Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Indent: Left: 1", No bullets or numbering Formatted: Not Highlight Formatted: Not Highlight Formatted: Highlight Formatted: Not Highlight Page 164 of 330 4 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman I.N. "Residential rental space" means any mobile home space occupied by any person other than the owner of the park for payment of rent pursuant to an oral or written lease, or other form of rental agreement. J.O. K. "Space rent" means the consideration, including any bonuses, benefits, or gratuities demanded or received for and in connection with the use or occupancy of a mobile home space within a mobile home park, or for housing services provided and security deposits, but exclusive of any amounts paid for the use of the mobile home as a dwelling unit. The use or occupancy of a mobile home space shall include the exercise of all rights and privileges and the use of facilities, services and amenities accruing to the residents thereof. "Space rent" shall not include any separately billed utility fees and charges for natural gas or liquid propane gas, electricity, water, cable television, garbage or refuse service and sewer service. K.P. L. "Tenancy" means the right of a homeownertenant to the use of a site within a mobile home park a mobile home site within a mobile home park on which to locate, maintain, and occupy a mobile home, site improvements and accessory structures; for human habitation, including the use of the services and facilities of the mobile home park. L.Q. M. "Tenant" means any person entitled to occupy such mobile home space pursuant to an oral or written lease with the owner thereof, or pursuant to some other rental agreement with the owner, lessor, operator or manager thereof. 13.21.050 Exemptions from coverage. The provisions of this Ordinance shall not apply to the following: A. Newly Constructed Space. Space rent or space rent adjustments for new mobile home spaces whether in parks constructed after January 1, 1990 or spaces rented out for the first time after January 1, 1990 shall be exempt from the provisions of this Ordinance. Civil Code Section 798.45. A. Any rental agreement exempt from local rent control regulations pursuant to the Mobilehome Residency Law, as may be amended from time to time. B. Vacancies. 1. Subject to the exceptions in paragraphs 2 and 3 below, if the mobile home space or mobile home is (a) voluntarily vacated, abandoned, or repossessed, or (b) vacated pursuant to California Civil Code Sections 798.56 or 798.75the Mobilehome Residency Law, the landlord may adjust the rental rate to an amount as he or she in his or her discretion may determine. 2. Subject to the provisions of Civil Code Section 798.17, Iif the mobile home is sold in place and is to remain on site, the landlord may only increase the rental rate of the space to the new owner to an amount that is no greater than the Formatted: Not Highlight Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 1" Formatted: Indent: Left: 1", First line: 0" Page 165 of 330 5 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman average of the three highest rentals then currently being charged by the park owner for resident owner- occupied spaces of comparable size, location and amenities in the park. 3. In the event a resident owner must move from his or her mobile home because of a need for long term medical or custodial care, the space shall remain subject to this Ordinance during the time that the owner is absent and remains incapacitated. In those parks that allow subletting, the absent and incapacitated owner may sublet the mobile home for a charge not to exceed the space rent and utilities and all legally allowable pass thorough costs for a period of time not to exceed 24 months without removing the space from the protection of this Ordinance. C. Space Rent Agreement Exemption. Any rental agreement in excess of 12- months duration which also meets all criteria specified by Section 798.15 and Section 798.17 of the California Civil Code, including, but not limited to, the tenant notification requirement within the first paragraph of such rental agreements, shall be exempt from the space rent ceiling provisions of this Ordinance, but only during the term of such rental agreement or any uninterrupted, continuous extensions thereof. If such rental agreement is not extended and no new rental agreement in excess of 12-months duration is entered into, then the last month's rent under the expired rental agreement shall be the base rent for purposes of this Ordinance. Any rental agreement exempt from this Ordinance by virtue of this subsection shall remain so exempt despite voluntary amendments made thereto, as long as any amendments extending the term contain the disclosures required by Section 798.17 of the California Civil Code. but only during the term of such rental agreement or any uninterrupted, continuous extensions thereof. If such rental agreement is not extended and no new rental agreement in excess of 12-months duration is entered into, then the last month's rent under the expired rental agreement shall be the base rent for purposes of this Ordinance. D. Lease Agreement Exemption. Section 7 of this Ordinance does not apply to any residential rental space for the rental of which the mobile home park owner and the tenants have mutually agreed to enter into a lease which conforms to the provisions of California Civil Code Section 798.15 et seq. E. Tenant Approval. This Ordinance does not apply if two-thirds of all mobile homes affected by the rent increase or other action give their approval in writing as evidenced by the signature of one tenant for each space or in an election called to consider the matter with each space casting one vote. The park owner shall supply proof of such approval to the Director for verification. CF. Violation. No person shall perform any act of duress, menace, or undue influence with the intent of thereby obtaining the consent of any other person to enter into any lease for the occupancy of a residential rental space in a mobile home park. or to otherwise force compliance with an applicable exemption from this Ordinance. Formatted: Indent: Left: 1", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Not Highlight Page 166 of 330 6 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman 13.21.060 Information Upon Request. 13.21.060 Registration and fees. A mobile home park owner shall provide the following information to the City upon request: the number of mobile home rental spaces within the park, the space rent charged for each space, and the number of spaces currently exempt from this Chapter. A. Within 90 calendar days after the effective date of this Ordinance, mobile home park owners are required to register all mobile home parks and mobile home rental spaces within such parks with the Director. The initial registration shall include: the name(s), business address(es), business telephone number(s) of each person or legal entity possessing an ownership interest in the park and the nature of such interest; the number of mobile home rental spaces within the park; the space rent charged for each space during the base year; and the number of spaces currently exempt under Civil Code Sections 798.17 and 798.45. The Director is hereby empowered to establish procedures for requiring such re-registration as he or she deems necessary. B. After initial registration and on an annual basis, if needed thereafter, each space in the park then subject to the provisions of this Ordinance and not otherwise exempt under provisions in the Mobile Home Residency Law, i.e., Civil Code Sections 798.17 [or such other amount as the City Council may establish] and 798.45, may be assessed a fee of up to $12 per space per year to cover the anticipated costs of administering this Ordinance. The fee shall be collected by the park owner who shall promptly remit all of the per space fee collected except $1.00 per space to the Director who shall use the monies so received to cover the costs of administering this Ordinance. The park owner shall be entitled to retain $1.00 of the fee amount collected to cover the park owner's expenses in complying with this Ordinance. C. No park owner shall be eligible to receive any rent ceiling adjustment as provided for under the provisions of this Ordinance unless such current registration information as may then be required for the mobile home park is on file with the Director at the time the petition for the rent ceiling adjustment is filed. The registration and re-registration requirements provided for in this section, or which may be hereafter established by the City Council, shall apply to all mobile home parks including those exempt from the space rent ceiling limitation by reason of the existence of a valid space rent agreement. Registration shall not apply to parks that were constructed in 1990 or later. 13.21.070 Space rent ceiling or maximum allowable space rent. Beginning the first month which commences following the day after the effective date of this Ordinance, no mobile home park owner shall charge space rent for any mobile home space in an amount greater than (a) the space rent in effect on December 31, 1995 increased by the increase Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Not Highlight Page 167 of 330 7 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman in the CPI since that date or (b) the rent for the space that is in effect on the effective date of this Ordinance. The space rent in effect on that date shall be known as the "space rent ceiling." If there was no space rent in effect on December 31, 1995, the space rent ceiling shall be the space rent that was charged on the first date that space rent was charged after December 31, 1995 (with the exception above noted) adjusted by the CPI to the current date as indicated above or the rent for the space that is in effect on the effective date of this Ordinance. If a mobile home park space is exempted from the application of this Ordinance by reason of the existence of a space rent agreement and the agreement expires, the space rent ceiling for that space shall be the space rent in effect on the date the agreement expires. 13.21.080 Space rent ceiling adjustment—Initial adjustment. A. No adjustment in space rent ceilings shall be permitted except as provided for herein. B. Permissive Adjustment. A park owner shall be entitled to an initial permissive adjustment gross space rental income equal to 100 percent increase in the Consumer Price Index (CPI) from the end of the base year (1991) to the date of application for the adjustment. The percentage adjustment in the CPI shall be calculated by subtracting the CPI reported for December, 1995, from the most recently reported monthly CPI preceding the application and then dividing this remainder by the December, 1995, CPI. 13.21.090 Space rent ceiling adjustment—Annual adjustments. Commencing in calendar year 1996, park owners shall be entitled to the following annual adjustments. A. Permissive Annual Adjustment. 1. A park owner shall be entitled to one annual permissive adjustment of gross space rental income equal to 100 percent of the percentage adjustment in the CPI for that year, but in no case more than 7% per year or less than 3% per year. A park owner shall not impose more than one (1) rent increase for a covered residential rental space in any 12-month period, calculated from the date the rent increase takes effect, unless otherwise permitted pursuant to this Ordinance. from the date of the most recent initial or annual adjustment to the date of application for the proposed adjustment. No application or permission is required for the annual CPI adjustment under this section. B. Net Operating Income (NOI) Adjustment. 1. In the event a park owner believes he or she does not receive a just and reasonable return on park property after receiving the maximum permissive CPI adjustment provided for above, the park owner may, upon payment of all filing or other fees as hereinafter provided,required, file a petition with the Director Formatted: Underline Formatted: Indent: First line: 0.5", No bullets or numbering Formatted: Not Highlight Formatted: Not Highlight Formatted: Underline, Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Page 168 of 330 8 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Administrative Appeals Board for an adjustment of the space rent ceiling, providing adequate justification for the proposed increase. (a) Upon the filing by a park owner of a petition for hardship rent increase, the Director shall request a deposit from the petitioner who shall pay 50 percent of the anticipated cost of the proceedings. Any final decision of the Arbitrator or Mobile Home Board (or final decision of a Hearing Officer if not appealed to the City Council) shall contain an estimate of the total expenses of the Hearing process. The petitioner shall be obligated to pay, as a fee, one-half of the total cost of said hearing process (less the deposit). Any hardship rent increase may be conditioned upon the payment of said fee. In the event that the deposit exceeds one-half of the expense of the hearing process, the petitioner will be entitled to a refund of that difference. If the City shall establish forms for such a petition, the petition shall be prepared and submitted using such a form. In the absence of such designated form, such 2. In addition to any other applicable information required by the Administrative Appeals Board, any such petition shall be in writing verified by the applicant, and shall contain the names, address and telephone number of the applicant, the name and address of the tenant of each rental space which would be affected if the petition were granted, a statement of the facts giving rise to the petition for an NOI adjustment in sufficient detail that, if established, such facts would demonstrate the existence of a decrease in the NOI warranting such NOI adjustment. 1. 3. Within 30 working days after the petition has been submitted to the Director Administrative Appeals Board for filing, petitioner shall be given notice of the time and place of the hearing, which notice together with a copy of the petition shall be served upon or mailed to each tenant of a rental space which would be affected by the NOI adjustment, if granted. When a declaration of service has been submitted to the Director,Administrative Appeals Board, the petition for an NOI adjustment shall be deemed filed. 2. 4. Upon filing of a complete petition, and presentation of sufficient facts demonstrating the existence of a decrease in the NOI warranting such NOI adjustment, Aa park owner shall be entitled to an adjustment of the space rent ceiling so as to enable the park owner's net operating income (NOI) for the subsequent year to be increased by a rate which, when added to the maximum permissible CPI adjustment provided for above will give the park owner a just and reasonable return on park property. In determining whether the current NOI is adequate in comparison with the base year NOI, the NOI for the park earned in the base year shall be increased by the amount of the CPI increase from the base year to the date of the proposed rental increase. Formatted: Not Highlight Formatted: Indent: Left: 1" Formatted: Not Highlight Formatted: Indent: Left: 1", No bullets or numbering Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Indent: Left: 1", No bullets or numbering Formatted: Not Highlight Page 169 of 330 9 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman C. 5. During the hearing, any tenant which would be affected if the petition is granted shall be permitted to be heard and to present any evidence for or against the proposed NOI adjustment. 6. No annual adjustment shall become effective if a previous annual adjustment became effective within the previous 12 months unless approved by the Administrative Appeals BoardArbitrator. CD. Rent Increase Based upon Capital Improvements. 1. A park owner shall be permitted to increase rent for a capital improvement upon petition to the Administrative Appeals Board where: (a) the improvement has been agreed upon between the park owner, and by more than 50 percent of the owners of all mobile homes affected by the improvement in an election called to consider the matter with each space casting one vote by written ballot; or (b) the improvement is required (a) to maintain the common facilities and other areas of the park in a safe and sanitary condition (b) to maintain the existing level of park amenities and services, or (c) to comply with the law or an administrative regulation. No vote of mobile home owners shall be required for approval under this provision. 2. Capital improvement costs for items which are not necessary or approved as described above in paragraph 1, shall be allowable rent increases only upon petition to the Administrative Appeals Board which establishes that the park owner has (a) consulted with the park residents to be affected prior to initiating construction of such improvements, regarding the nature and purpose of such improvements and the estimated cost of such improvements, and (b) demonstrated the need for the improvements and the reasonableness of the anticipated costs. 3. The petition for the cost of a completed capital improvement or the estimated cost of a proposed capital improvement under this section shall be filed by the park owner with the Administrative Appeals Board, including payment of filing or other fees, and shall contain: (a) A description of the capital improvement; (b) A copy of all estimates, contracts, bills, invoices, canceled checks and other documentation reasonably necessary to establish the cost of the capital improvement and the reasonable cost of financing the capital improvement. If, instead of borrowing the money to make the capital improvement, the park owner uses his or her own funds, Formatted: Indent: First line: 0" Formatted: Not Highlight Formatted: Underline, Not Highlight Formatted: Not Highlight Formatted: Indent: Left: 1", Hanging: 0.5" Formatted: Indent: Left: 1.5", Hanging: 0.5" Formatted: Indent: Left: 1.5", Hanging: 0.5", No bullets or numbering Formatted: Not Highlight Formatted: Indent: Left: 1.5", No bullets or numbering Formatted: Not Highlight Formatted: Indent: Left: 1", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Not Highlight Formatted: Not Highlight Formatted: Indent: Left: 2", No bullets or numbering Formatted: Not Highlight Page 170 of 330 10 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman the reasonable cost of financing which will be allowed shall be the average federal prime rate charged for the three months preceding the start of construction of the capital improvement; and (c) If the capital improvement has been agreed upon between the park owner and by more than 50 percent of the owners of all mobile homes affected by the improvement, proof of that fact will be submitted with the application. An application for a rent increase based on the cost of a proposed or completed capital improvement may be filed by the park owner with the Director pursuant to this subsection. For the purposes of this subsection "Capital Improvement" is defined as the installation of new improvements and facilities, and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance or repairs, with a useful life of at least five years. 1. A capital improvement shall be approved by the Arbitrator where the improvement has been agreed upon between the park owner, and by more than 50 percent of the owners of all mobile homes affected by the improvement in an election called to consider the matter with each space casting one vote. A capital improvement shall be approved if the improvement is required (a) to maintain the common facilities and other areas of the park in a safe and sanitary condition (b) to maintain the existing level of park amenities and services, or (c) to comply with the law or an administrative regulation. No vote of mobile home owners shall be required for approval under this provision. 2. Capital improvement costs for items which are not necessary or approved as described above, in paragraphs 1 and 2, shall be allowable rent increases only if the park owner has (a) consulted with the park residents to be affected prior to initiating construction of such improvements, regarding the nature and purpose of such improvements and the estimated cost of such improvements, and (b) demonstrated the need for the improvements and the reasonableness of the anticipated costs. 4. 3. Capital improvement rent increases shall be amortized over the useful life of the improvement as set forth in Internal Revenue "class life" tables then in effect, unless the Administrative Appeals Board, in its discretionArbitrator at its discretion determines that the use of such tables is unreasonable under the circumstances. 4.5. In addition to the reasonable cost of the improvement(s) and the reasonable costs of financing, the rent increase shall include a return of two percent over the federal prime rate at Bank of America in effect at the time the rent Formatted: Not Highlight Formatted: List Paragraph, Left, No bullets or numbering Formatted: Not Highlight Formatted: Indent: Left: 1.5", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 2.25" + Indent at: 2.5" Formatted: Indent: Left: 1.5", No bullets or numbering Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 1.5", Hanging: 0.5", Numbered + Level: 2 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 2.75" + Indent at: 3" Formatted: Not Highlight Formatted: Not Highlight Formatted: Indent: Left: 1", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 4 + Alignment: Left + Aligned at: 1.5" + Indent at: 1.75" Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Page 171 of 330 11 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman increase is approved calculated annually on the unamortized cost improvement. 6. 6. In the event the need for the capital improvement is a result of an accident, disaster, or other event for which the park owner receives insurance benefits, only those capital improvement costs which exceed such insurance benefits may be amortized as operating expenses unless the uncovered loss or portion thereof is a result of an underinsured or uninsured loss in which event the underinsured or uninsured portion is disallowed unless prudent business practices would not require it to be insured.ensued. 7. 7. Capital improvement rent increases shall be apportioned equally among all spaces in the mobile home park affected thereby and shall be payable monthly, and shall be set forth by the park owner as a separate item from the space rent. The increase shall remain in effect until the cost of the improvement, plus reasonable costs of financing as set forth above, have been fully recovered. 8. The application for the cost of a completed capital improvement or the estimated cost of a proposed capital improvement shall contain: (a) A description of the capital improvement; (b) A copy of all estimates, contracts, bills, invoices, canceled checks and other documentation reasonably necessary to establish the cost of the capital improvement and the reasonable cost of financing the capital improvement. If, instead of borrowing the money to make the capital improvement, the park owner uses his or her own funds, the reasonable cost of financing which will be allowed shall be the average prime rate charged by the Bank of America for the three months preceding the start of construction of the capital improvement; and (c) If the capital improvement has been agreed upon between the park owner and by more than 50 percent of the owners of all mobile homes affected by the improvement, proof of that fact will be submitted with the application. 9. A petition by tenants, as allowed by Section 13.21.120, will be limited to challenging the special increase for a capital improvement only on the basis that it does not meet the criteria established by Section 13.21.090.D of this Ordinance. 8. 10. The Hearing Officer or ArbitratorAdministrative Appeals Board may, in its discretion, approve the capital improvement without the necessity of a hearing, as provided for in this Ordinance. Formatted: Indent: Left: 1", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 4 + Alignment: Left + Aligned at: 1.5" + Indent at: 1.75" Formatted: Indent: Left: 1", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 4 + Alignment: Left + Aligned at: 1.5" + Indent at: 1.75" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1", Hanging: 0.5", No bullets or numbering Formatted: Indent: Left: 1" Formatted: Indent: Left: 1", Hanging: 0.5", No bullets or numbering Formatted: Indent: Left: 1" Formatted: Indent: Left: 1", Hanging: 0.5", No bullets or numbering Formatted: Indent: Left: 1", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 4 + Alignment: Left + Aligned at: 1.5" + Indent at: 1.75" Page 172 of 330 12 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman 9. 11. No rent increase for a proposed capital improvement may be collected until the park owner provides proof to the Director that the improvement has been completed. The capital improvement shall be deemed completed upon satisfactory final inspection by the City of any approved plans, permitted construction work or permit issued. 13.21.100 Required certification on rental adjustment notice. The Arbitrator Administrative Appeals Board shall have the right to deny any rent adjustment under this Ordinance if the owner: A. Hhas failed to comply with any provisions of this Ordinance and/or regulations issued there under by the Director or the City Council. . 13.21.110 [RESERVED]. 13.21.110 Petition by tenant. A. Any tenant of a mobile home rental space affected by this Ordinance, upon payment of a filing fee of $1.00 and joined by at least 30 percent of the other tenants similarly affected (each of whom pays $1.00 per space), may petition for a determination whether a proposed or actual action by the landlord affecting such tenant(s) is within the terms of this Ordinance. If the City shall establish forms for such petitions, the petition shall be prepared and submitted upon such form. In the absence of such designated form, the petition shall contain the name, address and telephone number, if known, of the landlord, owner, manager, or other person authorized to represent the owner of the mobile home park, a brief statement of the facts giving rise to the petition and a statement that a copy of the petition has been personally served or mailed to the owner, manager or other person authorized to accept and receive notices to the landlord. B. The petition shall also include the name, address, and telephone number of the designated representative of the petitioner(s) to whom notices and other communications respecting the petition are to be transmitted. C. In the event a petition by a tenant(s) results in a downward adjustment in the space rent, the park owner shall not be obligated to adjust any rent except the rent of those tenant(s) who signed the petition and paid the established filing fee. D. A petition must be filed within 60 days of notice being given by the park owner or within 90 days of the action actually taken by the park owner when no written notice preceded the action. E. In the event the petitioner or petitioners are claiming that a net operating income rental increase otherwise allowed by Section 13.21.090B above should be disallowed in whole or in part because of conditions of deteriorating maintenance Formatted: Indent: Left: 1", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 4 + Alignment: Left + Aligned at: 1.5" + Indent at: 1.75" Formatted: Not Highlight Formatted: Indent: Left: 0", First line: 0.5" Formatted: Indent: Left: 0", First line: 0" Formatted: Not Highlight Formatted: Not Highlight Page 173 of 330 13 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman the petitioner(s) shall specify the conditions of deteriorating maintenance in their petition with the specificity required by Civil Code Section 798.84(b). F. Upon receipt of the petition, the Director shall determine whether or not the petition contains the minimum number of signatures required. Thereafter, the Director shall notify, in writing, the park owner and the residents of the results of his/her determination. G. The Director shall in a timely manner assign a Hearing Officer who shall conduct an informal hearing in an attempt to resolve the matter. In making his/her recommendation(s), the Hearing Officer may consider all relevant factors including those listed in this Ordinance. H. The Hearing Officer shall, if he/she finds it practical to do so, hold the informal hearing at the mobile home park. In any event, the Hearing Officer shall use all reasonable efforts to hold the hearing at a location which is convenient for the residents of the park. I. The hearing may be attended by no more than two representatives from the affected tenants and two representatives from the park owner. Attorneys shall not be present at the informal hearing(s) unless agreed to in writing, by both sides except in a case where the park owner or petitioning tenant(s) is an attorney in which case the other party may be accompanied by its own attorney. J. Either side may submit written, photographic or other type of documentary evidence to support their contentions, but is not required to do so. K. The Director shall set time lines by which the informal hearing process must be concluded and shall take all appropriate steps to see that the informal hearing process is conducted in a manner that respects the rights of both sides. L. The Hearing Officer shall serve, by his/her final recommendations in written form to both sides and to the Director. M. Any agreements reached by the parties shall be reduced to writing and be signed by them and the Hearing Officer. N. No statement(s) made by a party in the informal hearing process may be introduced into evidence or presented before the Arbitrator unless agreed to by the party making the statement. 13.21.120 [RESERVED]. 13.21.120 Petition by landlord. Any landlord of a mobile home park affected by this Ordinance may, upon payment of a filing fee of $1.00 per space affected under this Ordinance, petition for a determination whether a Formatted: Not Highlight Page 174 of 330 14 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman particular course of action by said landlord is allowable, valid and in conformity with this Ordinance. The Director may designate forms for the filing of such petitions. In the event that no such form has been designated, the petition shall be in writing, and shall contain the name, address and telephone number, if any, of the person requesting the interpretation or opinion, the name and address of each tenant of a rental space owned or managed by the person requesting the interpretation or opinion, if it is intended that such interpretation or opinion affects such rental space, a brief statement of the facts giving rise to the request for interpretation or opinion, and a statement that a copy of such petition has been personally served upon or mailed to each such tenant who might be affected thereby. The Hearing Officer procedures specified in Section 13.21.110G—N inclusive of this Ordinance shall be used for the initial consideration of the landlord's petition. 13.21.130 [RESERVED]. 13.21.130 Appeal to Arbitrator. Any party to a hearing conducted by a Hearing Officer shall be entitled to appeal the decision of the Hearing Officer to the Arbitrator. 13.21.140 [RESERVED]. 13.21.140 Arbitration. A. If a majority of the petitioning parties or the park owner wish to proceed to arbitration they shall, within 20 days of the date of service of the written notification of the Hearing Officer's final recommendation, notify the Director in writing of their decision to proceed to arbitration. B. Within 30 days of notice of the filing of the request for arbitration the mobile home owner(s) and park owner shall contribute and deposit a sum of money with the Director for the estimated costs of, and as determined by, the Director. In no event shall the mobile home owner(s) contribution exceed $300.00 or such other amount (greater or lesser) as the Director may establish. Failure on the part of the petitioner(s) to deposit its share, shall terminate the proceedings and will be deemed a denial of the request. In the event the park owner fails to deposit his share, the Arbitrator shall enter an order as to such park owner denying any increase in rent or any other new "pass through" charge for a 12-month period, beginning the date of the notice of increase that is the subject of dispute. This order shall become effective 30 days from the date it is mailed by the Director unless a court-ordered stay of execution is granted. Unless such a stay is granted, any rent increase collected by park owner while this procedure was pending shall be refunded to residents within 60 days of the date of mailing of the notice denying the increase pursuant to this Section, by the Director. If no contrary court order is entered, and the amounts owed are not repaid in 60 days, affected residents may reduce their rental payments next due by the amount overpaid. If the amount exceeds one month's payment, the balance shall be deducted the next month until resident has received the overpayment plus ten percent of the total as a penalty for park owner not having complied with the provisions of this Ordinance. Formatted: Not Highlight Formatted: Indent: First line: 0" Formatted: Not Highlight Formatted: Indent: Left: 0", First line: 0" Page 175 of 330 15 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman C. In the event a petition by a tenant(s) results in a downward adjustment in the space rent, the park owner shall not be obligated to adjust any rent except the rent of those tenant(s) who signed the petition and paid the established filing fee. 13.21.150 [RESERVED]. 13.21.150 Selection of Arbitrator. A. The City Manager shall, if the parties cannot otherwise agree, select the person who is to be the Arbitrator. The Arbitrator shall be selected from a list of recommendations provided by the Board of Directors of the Riverside County Bar Association or such other organization(s) as the City Manager deems appropriate. The Arbitrator shall be a resident of Riverside County and be qualified by education, training and experience. B. The City shall pay the Arbitrator his or her fees as agreed between the Arbitrator and the City Manager. 13.21.160 [RESERVED]. 13.21.160 Conduct of Arbitration. A. The following is applicable to all hearings before the Arbitrator. B. Each party to a hearing may have assistance in presenting evidence or in setting forth by argument his or her position, from an accountant, attorney or such other person of his own choosing as may be designated by said party. C. Formal rules of evidence shall not apply in such proceedings; however, all testimony (oral or written) offered as evidence shall be submitted under oath. D. In the event any party shall fail to appear at the time and place set for hearing of a petition without good cause as determined by the Arbitrator, the Arbitrator may hear and review such evidence as may be presented by those present, and may make such findings and decisions as shall be supported by the evidence placed into the record. E. The Arbitrator, shall make findings based on the evidence as presented as to each fact relevant to its decision on the petition. The decision shall be based upon the findings, and shall: 1. Determine whether the action or proposed action of a landlord is valid, authorized, and in conformity with this Ordinance; F. The decision shall be made no later than 30 days after the matter has been submitted for determination. No rent adjustment shall be authorized unless supported by a preponderance of the evidence. A written notice of the decision shall be sent to each party to a proceeding. 13.21.170 Appeal to court. Formatted: Not Highlight Formatted: Indent: Left: 0", First line: 0" Formatted: Not Highlight Formatted: Indent: Left: 0", First line: 0" Page 176 of 330 16 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman The findings and decision of the Arbitrator Administrative Appeals Board shall be a final administrative action. There shall be no right of appeal to the City Council, but appeal may be made to Court pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6. Such findings and decision shall be public records, anrid may be certified by the Director, or by the City Clerk. Each decision shall set forth a Notice as required by California Government CodeCode of Civil Procedure Section 1094.6. The decision shall become effective and final upon mailing to the parties. 13.21.180 Priorities. All petitions for hearings shall be heard in order of date filed. 13.21.190 Rent adjustment regulations. For purposes of determining allowable NOI rent adjustments pursuant to Section 13.21.090B,, except those specified in Section 13.21.090 A for permissive annual adjustment and in Section 13.21.090 D for capital improvements, the principles set forth in this section shall be used. The Arbitrator Administrative Appeals Board may consider all relevant factors including, but not limited to: increases or decreases in operating and maintenance expenses, the extent and cost of utilities paid by the park owner, necessary and reasonable capital improvements of the park as distinguished from normal repair, replacement and maintenance, increases or decreases in amenities, equipment, insurance, services, substantial deterioration of the park other than as a result of ordinary wear and tear, failure on the part of the park owner to provide timely and/or adequate maintenance and repair, federal and state income tax benefits, the speculative nature of the investment, whether or not the property was acquired or is held as a long term or short term investment, the owner's rate of return on investment, the owner's method of financing and prudent use and need thereof, the owner's current and base year net operating income (NOI) as inflated to date by current CPI and any other factors deemed relevant by the ArbitratorAdministrative Appeals Board, in providing the owner a fair return. The fact that a park is old shall not, of itself, be indicative that maintenance has deteriorated. The Arbitrator Administrative Appeals Board shall distinguish between normal deterioration and obsolescence of the park due to age and failure to adequately maintain. In the event any such claim or claims of failure to adequately maintain are proven, the Arbitrator Administrative Appeals Boards may take one or more of the following actions: A. Deny any rental increase.; B. Offset any allowable rental increase by an amount that is adequate to reflect the degree of failure to adequately maintain. C. Condition any allowable rental increase upon a remediation of the failure to maintain by the park owner. In this regard, the Arbitrator Administrative Appeals Board may freeze rents at the pre-increase level until such time as the park owner Formatted: Not Highlight Formatted: Not Highlight Formatted: Font: Not Bold Formatted: Not Highlight Page 177 of 330 17 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman has come into compliance with the Arbitrator's Administrative Appeal Board’s decision. D. The Arbitrator Administrative Appeals Board may recess the hearing for a period not to exceed 90 days to allow the park owner to correct the condition or conditions of inadequate maintenance. E. The Arbitrator Administrative Appeals Board may combine any two or more of the above- listed actions and/or may take any other action or actions that it deems necessary to correct the problem of inadequate maintenance. 13.21.200 Net operating income. Net operating income (NOI) shall be gross income less allowable operating expenses. 13.21.210 Gross income. Gross income equals: A. Gross rents, computed as gross rental income at 100 percent paid occupancy, plus B. Interest from rental deposits, unless directly paid by the landlord to the tenants, plus. C. Income from miscellaneous sources, including, but not limited to, laundry facilities, vending machines, amusement devices, cleaning fees or services, garage and parking fees, plus D. All other income or consideration received or receivable for or in connection with the use or occupancy of rental units, E. Minus uncollected rents due to vacancy and bad debts to the extent that the same are beyond the landlord's control. 13.21.220 Allowable operating expenses. Operating expenses shall include but not be limited to the following: A. Real property taxes,, B. Utility costs. Utility costs are for natural gas or liquid propane gas, electricity, water, cable television, garbage or refuse service, and sewer service, unless billed separately to and paid by the park residents in which case the park owner may not deduct such costs. It is assumed that charges for utility services billed to the tenant separately include an adequate reserve amount to repair and upgrade meters, lines Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Page 178 of 330 18 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman and equipment and the park owner shall have the burden of showing by clear and convincing evidence that any additional expense is necessary to cover such repairs or upgrade. C. Management fees actually paid if management services are contracted for. If all or a portion of management services are performed by the landlord, management fees shall include the reasonable value for such landlord performed services. Management fees greater than five percent of gross income are presumed to be unreasonable. Such presumption may be rebutted. D. Other reasonable management expenses, including, but not limited to, necessary and reasonable advertising, accounting and insurance. E. Normal repair and maintenance expenses, including, but not limited to, painting, normal cleaning, fumigation, landscaping, and repair of all standard services, including electrical, plumbing, carpentry, furnished appliances, drapes, carpets, and furniture. F. Owner-performed labor, which shall be compensated at the following hourly rates upon documentation of the date, time, and nature of the work performed: 1. At the general prevailing rate of per diem wages for the Riverside area, for the specific type of work performed, as determined and published by the Director of the Department of Industrial Relations of the State of California pursuant to Section 1770 et seq. of the Labor Code of the State of California. 2. If no such general prevailing rate has been determined and published, then a cost per hour for general maintenance and a cost per hour for skilled labor as established by Riverside County Department Office of Economic Development. 3. Notwithstanding the above, a landlord may receive greater or lesser compensation for self-labor if the landlord proves by clear and convincing evidence that the amounts set forth above are substantially unfair in a given case. 4. Owner performed labor in excess of five percent of gross income shall not be allowed unless the landlord proves by clear and convincing evidence that such excess labor expenses resulted in proportionately greater services for the benefit of tenants. G. License and registration fees required by law to the extent same are not otherwise paid by tenants. H. The reasonable cost of the capital improvement including reasonable financing costs, plus two percent over the federal prime rate at Bank of America in effect at Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Page 179 of 330 19 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman the time of the assessment computed in accordance with any useful life table utilized by the Internal Revenue Service. I. Reasonable attorneys' fees and costs incurred as normal reasonable costs of doing business, including, but not limited to, good faith attempts to recover rents owing and good faith unlawful detainer actions not in derogation of applicable law, to the extent same are not recovered from tenants. 13.21.230 Operating expenses not allowable. Operating expenses shall not include the following: A. Avoidable, unreasonable or unnecessary expenses; 1. All expenses allowed must be reasonable. To the extent that the Arbitrator Administrative Appeals Board finds any expense(s) to be unreasonable, the ArbitratorAdministrative Appeals Board shall adjust such expense(s). B. Mortgage principal and interest payments.; 1. In refinancing, increased interest shall be permitted to be considered as an operating expense only where the park owner can show that the refinancing was reasonable and consistent with prudent business practices under the circumstances. C. Lease purchase payments; and rent or lease payments to park owner's lesser; except that increases in such payments in any year may be allowed if found by the Administrative Appeals Boardrbitrator to be reasonable and consistent with prudent business practice under the circumstances. D. Excessive costs of maintenance caused by delaying normal maintenance.; E. A cost that results because the loss is uninsured where prudent business practice would expect insurance coverage or the cost for that portion of a loss above a normal deductible, if underinsured, shall not be included as an operating expense.. F. Depreciation of the real property.; G. Any expenses for which the landlord has been reimbursed by any security deposit, insurance settlement, judgment for damages, settlement, or any other method. H. Attorneys’ fees and other costs incurred for preparation and presentation of proceedings before the Arbitrator orAdministrative Appeals Board, or in connection with civil actions or proceedings against the Arbitrator orCity or the Administrative Appeals Board. Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Indent: Left: 0" Formatted: No bullets or numbering Formatted: Indent: Left: 0" Formatted: No bullets or numbering Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Page 180 of 330 20 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman I. Penalties, fees or interest assessed or awarded for violation of this or any other statute or ordinance.; 13.21.240 Presumption of fair base year net operating income. Except as provided in below, it shall be presume that the Net Operating Income produced by a park owner during the base year, provided a fair return on property. Owners shall be entitled to maintain and increase their Net Operating Income from year to year in accordance with Sections 13.21.080B and 13.21.090B. 13.21.250 Rebutting the presumption. It may be determined that the base year net operating income yielded other than a fair return on property, in which case, the base year Net Operating Income may be adjusted. In order to make such a determination, the Arbitrator or its designeeAdministrative Appeals Board must make at least one of the following findings: A. The owner's operating and maintenance expenses in the base year were unusually high or low in comparison to other years. In such instances, adjustments may be made in calculating such expenses so the base year operating expenses reflect average expenses for the property over a reasonable period of time. The Arbitrator Administrative Appeals Board shall consider the following factors: 1. The owners made substantial capital improvements during the base year which were not reflected in the rent levels on the base date. 2. Substantial repairs were made due to damage caused by natural disaster, vandalism or other cause which management has taken appropriate action to reduce. 3. Maintenance and repair were below accepted standards so as to cause significant deterioration in the quality of housing services. 4. Other expenses were unreasonably high or low notwithstanding the following of prudent business practices by management. B. The rental rates in the base year were disproportionate due to enumerated factors below. In such instances, adjustments may be made in calculating gross rents consistent with the purpose of this Ordinance. 1. The rental rates in the base year were substantially higher or lower than in preceding months by reason of premiums being charged or rebates being given for reasons unique to particular units or limited to the period determining the base rent. Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Page 181 of 330 21 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman 2. The rent in the base year was substantially higher or lower than at other times of the year by reason of seasonal demand or seasonal variations in rent. 3. The rental rates in the base year were exceptionally high or low due to other factors which would cause the application of the base year net operating income to result in gross inequity to either the owner or tenant. 13.21.260 Determination of base year net operating income. A. To determine the net operating income during the base year, there shall be deducted from the annualized gross income being realized in 1991, a sum equal to the actual operating expenses for calendar year 1991, unless the owner demonstrates to the satisfaction of the Arbitrator Administrative Appeals Board that the use of some other consecutive 12-month period is justified by reasons consistent with the purposes of this section. B. In the event the owner did not own the subject property during the base year, the operating expenses for 1991 shall be determined by one of the following methods, whichever the Arbitrator or BoardAdministrative Appeals Board determines to be more reliable in the particular case: 1. The previous owner's actual operating expenses as defined in Section 13.21.220 and 13.21.230 if such figures were available, or 2. Actual operating expenses for the first calendar year of new ownership, adjusted to 1991. C. Park owners shall be entitled to maintain and increase their net operating income from year to year in accordance with the guidelines set forth in this Ordinance. It shall further be rebuttably presumed that where the net operating income is less than 50 percent of gross income in the base year, the park owner was receiving less than a just and reasonable return on the mobile home park. 13.21.270 Determination of current year net operating income. To determine the current year net operating income there shall be deducted from the annualized gross income, determined by analyzing the monthly rents in effect at the time of filing of a petition, a sum equal to the actual operating expenses for the last calendar year (unless the owner demonstrates to the satisfaction of the Arbitrator Administrative Appeals Board that the use of some other consecutive 12-month period is justified by reasons consistent with the purposes of this section). 13.21.280 Schedule of increases in operating expenses. Where scheduling of rental increases, or other calculations, require projections of income and expenses, it shall be assumed that operating expenses, exclusive of property taxes, and Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Page 182 of 330 22 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman management expenses, increase at five percent per year, that property taxes increase at two percent per year, and that management expenses constitute five percent of gross income, provided, however, that if actual increases are greater or less than those listed in this section, the actual increases shown according to proof shall be the increases applicable. 13.21.290 Discretionary considerations. While the net operating income formula should operate to provide a park owner a fair return on the park, the Hearing Officer or ArbitratorAdministrative Appeals Board considering a request for rent increases shall consider all relevant factors presented in making a determination, as set forth in this Ordinance. 13.21.300 Increases pending hearing. Rent increases which require petition with the Administrative Appeals Board may not be collected in full by the park owner until such time as ordered otherwise by a final decision of the Arbitrator Administrative Appeals Board or unless agreed upon by the residents and the park owner; however, a park owner may continue to collect the full amount of rent permitted, including any permissive CPI adjustment, which does not require such approval.. 13.21.310 Rent adjustments for reduction in utility services. A. If a mobile home park provides in the rent, without separate charge, utilities or similar services (including, but not limited to, natural gas, electricity, water, sewer, trash, and/or cable television) and converts to separate charge for such service by separate metering, separate charge or other lawful means of transferring to the tenant the obligation for payment for such services, the cost savings shall be passed through to tenants by a rent adjustment equal to the actual cost to the park of such transferred utility or similar service (less common area usage) based on costs for the 12 months period prior to notice to the tenants of the change. It is the intent of this Section for those rental agreements entered into on or after January 1, 1991, to be consistent with the provisions of Mobilehome Residency Law, including Civil Code Section 798.41 as adopted by Chapter 1013, Section 2 of the Statutes of 1990, as may be amended from time to time. B. For purposes of this section, in determining cost savings to be passed on to tenants in the form of decreased rent, the cost of installation of separate utility meters, or similar costs incurred by the owner to shift the obligation for payment of utility costs to the tenants shall not be considered. However, this shall not be construed to prohibit or prevent the consideration of inclusion of such costs as an increased operating expense. at arbitration. 13.21.320 Quantum of proof and burden of proof. The decision of the Arbitrator, the Director, or the Hearing OfficerAdministrative Appeals Board must be supported by the evidence submitted. In Arbitration, Tthe petitioning party shall Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Page 183 of 330 23 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman have the burden of going forward with the evidence and the burden of persuasion by a preponderance of the evidence. 13.21.330 Remedies for violation. A. Civil Remedies. Any person who demands, accepts, or retains any payment in violation of any provision of this Ordinance shall be liable in a civil action to the person from whom such payment is demanded, accepted, or retained for damages in the sum of three times the amount by which the payment or payments demanded, accepted or retained exceed the maximum rent which could lawfully be demanded, accepted, or retained, together with reasonable attorney's fees and costs as determined by the Court. B. Criminal Remedies. It shall be unlawful for any owner to willfully and knowingly adjust any rent in an amount in excess of that allowed under this Ordinance or by order of the Arbitrator. Any owner who willfully and knowingly violates any of the provisions of this Ordinance or the orders of the Arbitrator shall be guilty of a misdemeanor punishable by a fine not exceeding $1,000 or six months in jail or both. C. Injunctive and Other Civil Relief. Any Mobile home park operated, conducted, or maintained contrary to the provisions of this Ordinance shall be, and is hereby declared to be, unlawful and a public nuisance, and the City may, in addition to or in lieu of prosecution in a civil or criminal action under this Ordinance, commence an action or actions, proceeding or proceedings for the abatement, removal, and enjoinment thereof, in the manner provided by law, and shall take such other steps, and shall apply to such courts or court as may have jurisdiction to grant such relief as will abate, remove, and/or restrain and enjoin any person from operating, conducting, or maintaining a Mobile home park contrary to the provisions of this Ordinance. Such remedies shall be in addition to any other judicial or administrative remedies available to the City under the City Code or state law. The Arbitrator, the Director, the City, and/or the Tenants and Owners may seek relief from the appropriate Court within the jurisdiction in which the rental unit is located to enforce any provision of this Ordinance or its implementing regulations or to restrain or enjoin any violation of this Ordinance and of the rules, regulations, orders and decisions of the Arbitrator or City Council. D. Non-waiver of Rights. Any waiver or purported waiver by a tenant or prospective tenant of rights granted under this Ordinance prior to the time when such rights may be exercised, whether oral or written, shall be void as contrary to public policy. E. All remedies prescribed by this Ordinance are cumulative and the election of one or more remedy does not bar the City from the pursuit of any other remedy to enforce this Ordinance. Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Page 184 of 330 24 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman F. Each violation of this Ordinance shall constitute a separate violation and each violation may be charged as a separate count in the event of administrative or criminal enforcement action. 13.21.340 [RESERVED]. 13.21.340 Periodic review of Ordinance. The City Council shall review the provisions of this Ordinance following a report by the Director one year following the date of adoption thereof, and at any other time deemed appropriate, in order to consider the following: 1. Whether this Ordinance continues to be necessary to protect the public health, safety, and welfare. 2. Whether the implementation of the provisions of this Ordinance have been adequate; and 3. Whether the provisions of this Ordinance should be amended to provide more effective regulations or to avoid unnecessary hardship. 13.21.350 Severability. If any provision of this Ordinance or application thereof to any person or circumstances is held to be invalid, this invalidity shall not affect other applications of this Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are declared to be severable. 13.21.360 Ordinance to be liberally construed. This Ordinance shall be liberally construed to achieve the purposes of this Ordinance and to preserve its validity. 13.21.370 [RESERVED]. 13.21.370 Prospective effect. This Ordinance is intended to operate prospectively from its effective date, and anything which occurred prior to the effective date of this Ordinance which was otherwise lawful shall not be affected. 13.21.380 [RESERVED]. 13.21.080 Introduction. This Ordinance was duly and regularly introduced as a meeting of the City on the 12th day of March, 1996. 13.21.390 [RESERVED]. 13.21.390 Effective date. Page 185 of 330 25 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman This Ordinance is effective 31 days after adoption. 13.21.400 Repeal of Ordinance No. 602, and amendments thereto. Ordinance 602, and amendments thereto, enacted in 1984 adding Chapter 13.16 entitled Mobile Home Rent Review Commission to the Beaumont Municipal Code, is hereby repealed and superseded by the adoption of this Ordinance. Page 186 of 330 Mobile Home Park Rent Ord - Page 1 of 1 3512 14 Street Riverside, California 92501 (951) 368-9229 neller@scng.com City of Beaumont 550 E. 6th Street Beaumont, California 92223 Account Number:5209298 Ad Order Number:0011640804 Customer's Reference/PO Number: Publication:The Press-Enterprise Publication Dates:01/05/2024 Total Amount:$180.74 Payment Amount:$0.00 Amount Due:$180.74 Notice ID:J2W6PJS7EAxbf0L4tvDm Invoice Text:NOTICE IS HEREBY GIVEN, that the City of Beaumont will conduct a public hearing to consider the matter described below. The City of Beaumont’s public hearing will be held at 6:00 p.m. on Tuesday, January 16, 2024, at 550 East Sixth Street, Beaumont, California. AN ORDINANCE AMENDING CHAPTER 13.21 MOBILE HOME PARK RENT STABILIZATION OF THE BEAUMONT MUNICIPAL CODE This meeting will be open to the public and will be recorded for live streaming on the City’s official YouTube webpage . Please use the following link during the meeting for live stream access: BeaumontCa.gov/Livestream Public comments will be accepted using the following options: 1. Emailed comments will be read aloud during the corresponding item of the meeting. Please submit your comments to NicoleW@BeaumontCa.gov 2. In person public comments. 3. Call-in comments using a designated public comment phone line (951) 922-4845. City Council will conduct a public hearing to receive testimony and comments from all interested persons. Public comments shall not exceed three minutes unless otherwise authorized by City Council. Comments can be submitted any time prior to the meeting as well as during the meeting until the end of the corresponding item. Dated: January 2, 2024 Page 187 of 330 Mobile Home Park Rent Ord - 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: 0011640804 FILE NO. 0011640804 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: 01/05/2024 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Date: January 5, 2024. At: Riverside, California ______________________________ Signature Page 188 of 330 Staff Report TO: City Council FROM: Kyle Warsinski, Economic Development Manager DATE January 16, 2024 SUBJECT: Downtown Business Incentive Program Marketing Options Description Presentation of marketing options to promote the Downtown Business Incentive Programs. Background and Analysis: On December 6, 2022, City Council approved the establishment of the Downtown Incentive Program which was launched in 2023. The program includes the following incentives:  Downtown Façade Improvement Program or Business Improvement Program  Business Attraction and Expansion Program  Pre-Application Fee Waiver  Building Investigation Fee Waiver  Sewer Connection Fee Deferral and Grease Trap Program  Fire Sprinkler Incentive Program One of the requirements of the program is for the applicant to enter into an agreement with the City, which includes language requiring the applicant to retain a contractor who performs the work in accordance with the prevailing wage laws. City Council has allocated $1,000,000 in their budget for this program. To date, City Council has approved four funding agreements totaling $48,615.85, leaving an available program balance of $932,296.50. At the December 13, 2023, Economic Development Committee meeting, the committee received a presentation from staff on various marketing options to help increase the awareness of the incentive programs throughout the city and region. Billboards and Digital Signs Various options exist throughout the region with differing prices based on size, t he direction the sign faces, location, and if the sign is digital or stagnant. In our region, along Interstate 10, the number of cars per day exceeds 130,000, and the advertising Page 189 of 330 companies suggest billboards generate 270,000+ impressions per week for some of the better locations. There appears to be a significant opportunity to reach our target audience using billboard advertising. Option 1: Type Location Price Lamar Bulletin County Line Rd. $5,500 per 4-weeks Page 190 of 330 Option 2: Type Location Price Lamar Digital EB SR-60 / Day Street. $4,500 per 4-weeks Option 3: Type Location Price General Digital I-10 / Yucaipa Blvd. $3,500 per 4-weeks Page 191 of 330 Option 4: Type Location Price AMG Digital I-10 / Sunset Blvd. $2,000 per 4-weeks Second Street Cinema Beaumont’s local luxury cinema offers pre-show digital motion ad spots. The number of ad plays per month is estimated to be 1,820. They provide options for either 15 second or 30 second ad spots which can be done with still images, video, or any combination and includes audio for music or voiceover. The cost per potential impression seems reasonable and would be focused on moviegoers in the region who likely live within or close to Beaumont. Attachment A contains details of the various marketing options described in this report. Attachment B details the available billboard locations within the pass area region that would serve as the best locations for advertising the Downtown Incentive Program as shown in the staff report. At the December 13, 2023, Economic Development Committee meeting, the committee voted to recommend to City Council the consideration of using a portion of the Downtown Business Incentive Program funding to purchase advertising sp ace to promote the program to a broader audience beyond the current social media marketing campaign. Page 192 of 330 Fiscal Impact: The cost to prepare the staff report is approximately $255. Funding for marketing downtown incentive programs would be through currently budgeted funds in account 1235-7096. Recommended Action: Hold discussion and direct staff on the use of Downtown Incentive Program funds for advertising in an amount not to exceed $30,000. Attachments: A. Marketing Option Details B. Billboard Option Details Page 193 of 330 Available Billboards Page 194 of 330 Digital billboards are relatively new to the industry so most advertisers have not had the opportunity to try them out yet. But once you do try them out, it's hard to dismiss the advantages they offer. First is savings. At least in our market ad space on digital panels averages about 50% to 75% LESS than bulletin space. And since most traffic on local freeways is people that travel them on a regular basis (because they are commuters or local traffic) people may not see your specific ad every time they pass the sign, but they will see it regularly. Which leads to the second point... Digital billboards are dynamic. The way images are created using light instead of ink and the fact that they are changing attracts attention. Plus digital billboards are regularly updating messages so there is always something new to see on them. Which also attracts attention. You may notice yourself tending to notice digital screens more than bulletins and looking at them longer than you would normally look at a bulletin just to see what is next or what is new. Third is effectiveness. Digitals have the capacity to change ad copy very quickly and easily. So your advertisements are always current and timely and specific to your needs. They don't have to be "standard" or "generic" advertisements; you can run product specials, promotions, sales, etc. for specific periods (a day, a weekend, a week, etc.) and have it scheduled to change at certain times (even down to the hour) and then have it change to something else instantly with zero down time. You can even be a little experimental with your ads because there is no time or cost commitment to your ad copy. Try something new and if doesn't work or if you don't like how it looks, try something else. And there are no additional costs for changes to digitals like there is normally associated with bulletins such as set up, printing, installation, production, etc. Effectively saving you even more money. Flexibility. The third point started the concept of the flexibility available to you, but there are even more options. As I mentioned you can schedule or calendar specific copy for specific times or periods. But you can also schedule it for certain days of the week, times of the day, etc. You can have several advertisements alternating as your advertisement plays in the cycle. You can have messages playing based on certain conditions. You can even insert live or dynamic elements through web based options. Page 195 of 330 The above rates are quoted net per every four week period. A digital advertising slot is :08 seconds long and there are a maximum of 7 slots per screen. So every customer's ad slot shows at least once every minute, but generally more often than that. On average each slot plays over 43,200 times per month. And we can offer package rates for packages as small as two ad slots. Photosheets are attached with details about each sign noted above. If you have any more questions or need more information or explanation please let me know. I'm happy to help. Thanks again. Page 196 of 330 Page 197 of 330 Page 198 of 330 Page 199 of 330 Page 200 of 330 MAP#1 CITY OF BEAUMONT rrace der.� Jhts ····-· Loma Linda BRYN MAWR REDLANos Redlands SOUTH REOL�NOS LIVE OA.K CAN VON Ordway (f',.:;-i L.2..J2 12}--MoreQo Valley SYCAMORE CANYON,/ CAN'l'ON SPRrNGSi Edgemont .REST March Air Re.serve Base I' Warner Crafton Yucaipa 'QiJ- Calimesa ij!j Eden Lakeview Cherry Valley Beaumont @ Oak Glen Highland Springs Gilman HMap data ©2023 Google 2 km ..,_,., r'1 I 0.. Bannir Report a map error Page 201 of 330 mr&Y.M•;• I PALM SPRINGS I 866.885.2627 I lamar.com/palmsprings LOCATION LIST CITY OF BEAUMONT Map Icon Label Panel# 0 Location: 60 HWY SL .5 Ml E/O DAY ST. Current Advertiser: Digital Rate: $4500 per 4 weeks 86001 Geopath Id 30920730 Miscellaneous: Available slot starting 10/16. Visible to West bound traffic. ()) 2 Location: 60 HWY SL .5 Ml E/O DAY ST. Current Advertiser: Digital Rate: $4500 per 4 weeks 86002 30920731 Miscellaneous: Available slot starting 10/16. Visible to East bound traffic 3 5602 462960 Location: 1-10 NL .6M W/O COUNTY LINE, YUCAIPA Media/Style Permanent Bulletin / Digital Permanent Bulletin / Digital Permanent Bulletin / Regular Current Advertiser: RECYCLED AGGREGATE MATERIALS COMPANY DBA RAMCO Rate: $5500 per 4 weeks Miscellaneous: Available 1/8/24. one time vinyl fee of $1680. 0 4 33681 Location: 1-10 SL .SM W/O HWY 60, BEAUMONT Current Advertiser: RIVCO CONNECT Rate: $4000 per 4 weeks Miscellaneous: Available 1/15/24. one time vinyl fee of $1680. 462872 Permanent Bulletin / Regular Facing East West West East *Impression values based on: Total Population HxW *Weekly Impressions lllum. 28' 0" x 48' 0" 403,282 per spot YES 28' 0" x 48' 0" 391,005 per spot YES 14' O" x 48' O" 423,927 YES 14' 0" x 48' 0" 351,657 YES Page 202 of 330 LOCATION LIST CITY OF BEAUMONT Map Icon Label Panel# 0 5 91211 Location: 1-10 NL .25 Ml W/O SUNSET AVE Current Advertiser: Digital Rate: $3500 per 4 weeks mr&Y.M•;• I PALM SPRINGS I 866.885.2627 I lamar.com/palmsprings Geopath Id Media/Style Facing 574185 Permanent Bulletin / Digital East Miscellaneous: Available slot starting 10/16. Visible to West bound traffic. ()) 6 91212 Location: 1-10 NL .25 Ml W/O SUNSET AVE Current Advertiser: Digital Rate: $3000 per 4 weeks 574186 Miscellaneous: Available slot starting 10/16. Visible to East bound traffic. 7 31753 Location: 1-10 NL 1400' E/O HIGHLAND SPRINGS AVE EF Current Advertiser: SPIRIT HALLOWEEN Rate: $1500 per 4 weeks Miscellaneous: Available 10/16. One time vinyl fee of $600. 8 1171 Location: 1-10 NL 445' E/O APEXAVE EF Current Advertiser: LAMAR PALM SPRINGS 401 Rate: $1500 per 4 weeks Miscellaneous: Available 10/16. One time vinyl fee of $600. 30707228 574179 Permanent Bulletin / Digital West Poster / Retro East Poster / Retro East *Impression values based on: Total Population HxW *Weekly Impressions lllum. 14' 0" x 48' 0" 305,633 per spot YES 14' 0" x 48' 0" 247,556 per spot YES 10' 6" X 22' 9" 422,725 NO 10' 6" X 22' 9" 477,021 NO Page 203 of 330 LOCATION LIST CITY OF BEAUMONT Map Icon Label Panel# 9 1232 Location: 1-10 SL .12 Ml W/O SUNSET AVE WF Current Advertiser: LA MAR PALM SPRINGS 401 Rate: $1500 per 4 weeks Miscellaneous: Available 10/16. One time vinyl fee of $600. 10 31654 Location: 1-10 NL 800' E/O HIGHLAND SPRINGS WF Current Advertiser: ROCKY'S PAWN SHOP Rate: $1500 per 4 weeks Miscellaneous: Available 10/16. One time vinyl fee of $600. 11 31754 Location: 1-10 NL 1400' E/O HIGHLAND SPRINGS WF Current Advertiser: ROCKY'S PAWN SHOP Rate: $1500 per 4 weeks Miscellaneous: Available 10/16. One time vinyl fee of $600. Total Weekly Impressions: 3,826,041 ,rfhU/.♦;;• I PALM SPRINGS I 866.885.2627 I lamar.com/palmsprings Geopath Id Media/Style Facing 574202 Poster I Retro West 30707227 Poster / Retro West 30707229 Poster / Retro West *Impression values based on: Total Population HxW *Weekly Impressions lllum. 10' 6" X 22' 9" 318,831 YES 10' 6" X 22' 9" 267,007 NO 10' 6" X 22' 9" 217,397 NO Page 204 of 330 Page 205 of 330 Page 206 of 330 Page 207 of 330 Page 208 of 330 Page 209 of 330 Page 210 of 330 Page 211 of 330 Page 212 of 330 Page 213 of 330 Page 214 of 330 Page 215 of 330 Page 216 of 330 Billboards Company Type Size (Square feet)Price Low Price High Period Details Lamar Poster 230 500$ 2,500$ 4-weeks Bulletin 400-600 2,500$ 5,500$ 4-weeks Digital 1300 3,500$ 4,500$ 4-weeks :06 second slot, once per minute General Digital Bulletin 672 3,000$ 3,500$ 4-weeks :08 second slot, once per minute AMG - Banning Sign Digital 1200 2,400$ 3,000$ 4-weeks :075 second slot, once per minute Rapstine Red Barn Poster 400$ 800$ 4-weeks 2nd Street Cinema 12 screens Total Estimated # of Monthly Ad Plays = 1,820 $ per impression 12-month :15 second ad spot, only $350 per month + one-time * insertion fee of $399 4,599$ 0.02$ 12-month :30 second ad spot, only $648 per month + one-time * insertion fee of $399 8,175$ 0.03$ 6-month :15 second ad spot, only $438 per month + one-time * insertion fee of $399 3,027$ 0.02$ 6-month :30 second ad spot, only $809 per month + one-time * insertion fee of $399 5,253$ 0.04$ 3-month :15 second ad spot, only $548 per month + one-time * insertion fee of $399 2,043$ 0.03$ 3-month :30 second ad spot, only $1,012 per month + one-time * insertion fee of $399 3,435$ 0.05$ ∗ Insertion Fee = the formatting, coding, wrapping and rendering. Complimentary ad creation included, voiceover is extra Billboard Examples Type Monthly Impressions Price (4-weeks)$ per impression Location Bulletin 1695708 5,500$ 0.003$ Yucaipa - County Line WF Digital 832000 3,500$ 0.004$ Banning / Sunset EF Digital 1564020 4,500$ 0.003$ MoVal Mall -WF Digital 1169892 3,500$ 0.003$ Yucaipa Blvd - WF Digital 832000 2,400$ 0.003$ Banning - EF left side Poster NA 800 W. 6th Street Red Barn Page 217 of 330 Staff Report TO: City Council FROM: Thaxton Van Belle, Director of Water Reclamation Kenyon Potter, Wastewater Principal Engineer DATE January 16, 2024 SUBJECT: Update on the Wastewater Treatment Plant Site Improvements Description Provide an update on the progress of the Wastewater Treatment Plant Site Improvements, including entry monument and landscaping. Background and Analysis: On June 20, 2023, City Council approved a professional services agreement with Albert A. Webb Associates to provide engineering services for wastewater treatment plant site improvements. Some elements included landscaping to address dust control, slope protection, weed abatement, and improved aesthetics. Other elements included an improved entryway with a security gate, the addition of a parking lot, and a permanent Vactor dump station. City staff will present a project update including design elements and preliminary engineering estimates with three different options for the level of landscaping. Although all options provided achieve the functional requirements needed for dust, erosion control, and slope protection, staff is recommending Option #2 for its higher esthetic appeal, lower long-term maintenance for the ground cover, as well as the elements of recycled water use with the potential for branding. Page 218 of 330 The preliminary cost estimate for Option #2 is $2,225,000. A new capital improvement project with funding source will be included in Fiscal Year 2024 -2025’s capital improvement program for Council’s consideration and adoption. Completion of design, preparation of bid documents and itemized bid schedule is anticipated by July 2024. Fiscal Impact: City staff estimates the cost to prepare this report to be $400. Recommended Action: Staff recommends City Council approve Site Plan Option #2 as presented. Attachments: A. Proposed Monument and Landscaping Elements Presentation. Page 219 of 330 Page 220 of 330 Page 221 of 330 Page 222 of 330 03 Page 223 of 330 04 Page 224 of 330 05 Page 225 of 330 06 ACCESS ROAD AND PARKING LOT ACCESS ROAD EMPLOYEE PARKING LOT Page 226 of 330 07 Page 227 of 330 (N) ASPHALT CURBING(N) CONCRETE CURB (N) CONCRETE PAD UV DISINFECTION FACILITY UV DISINFECTION STORMWATER PROTECTION 09 Page 228 of 330 10 Page 229 of 330 11 Page 230 of 330 12 Page 231 of 330 ADD ALTERNATE: REAR GATE ACCESS REAR GATE ACCESS ROAD 08 Page 232 of 330 Thank you Page 233 of 330 Staff Report TO: City Council FROM: Doug Story, Community Services Director DATE January 16, 2024 SUBJECT: Parks and Community Services Master Plan – Quarterly Update of Capital Improvement Project P-17 Description Strategic Plan – Priority Level 2, Target 5, Goal 3. Background and Analysis: On March 21, 2023, a professional services contract was awarded to RHA Landscape Architects (RHA) to provide the City with a Parks and Community Services Master Plan. The objectives of the plan include identifying the needs of the community, providing a citywide vision for parks and recreation facilities, establishing priorities for implementation, and developing a strategic direction for future improvements and a funding strategy. As part of the process, the City has been meeting with RHA bi-weekly to create the Parks Master Plan. To date some of the completed tasks are as follows: o Project Branding and Website - Launched (www.BMTparks.com) o Community Profile Report o Site Tour of Parks and Facilities o Stakeholder Input and Public Meetings (public meetings held October 23 and 24) o Staff Organizational Culture IMPACT assessment o Site Assessment – Parks and Facilities o Updated maps of parks with amenity inventory and park assessment score. Some tasks that will begin in the next two months are as follows: o Statistically Valid Survey - Questionnaire being finalized (launch in late Jan. 2024) o Online Survey Campaign - Launch in Feb 2024 Page 234 of 330 The community meetings and stakeholder meetings held in October 2023 were an opportunity to hear from key staff and community members and provided an open forum for the public to give insight into the parks and recreation services in Beaumont. Some of the highlights from the community input includes: o Amenity needs (sports courts, trails, and adequate lighting; specific mention of dedicated pickleball courts) o Program needs (adult sports, fitness and wellness programs, and aquatics) o Future improvements desired (sports courts, expanded trail system, shade structures and picnic tables) Overall, the community meetings and feedback reflected moderate to high levels of satisfaction from the park system and the services/programs provided by the Parks and Recreation Department. Attached to this staff report is a schedule and a list of upcoming tasks and reports that will be compiled leading to the completion of the Parks and Community Services Master Plan. Fiscal Impact: The estimated cost to prepare this report is $125. P-17 Master Park Plan Project Accounting Summary Funding Summary Funding Year Funding Source Amount 22/23 CFD $250,000 Total Project Funding = $250,000 Budget Summary Project Component Budget Encumbered Paid to Date Remaining Budget Project Management $0 $0 $0 $0 Preliminary Services $0 $0 $0 $0 Environmental $0 $0 $0 $0 Design $250,000 ($249,980) ($29,700) $20 Construction $0 $0 $0 $0 Construction Management $0 $0 $0 $0 Permits $0 $0 $0 $0 Equipment $0 $0 $0 $0 Page 235 of 330 Project Summary Totals $250,000 ($249,980) ($29,700) $20 Recommended Action: Receive and file. Attachments: A. Parks and Community Services Master Plan Schedule Page 236 of 330 ID Task Name Duration Start Finish 1 TASK 1 - PROJECT MANAGEMENT, PROGRESS REPORTING & DATA REVIEW 375 days Fri 5/12/23 Fri 10/11/24 2 Progress Reporting and Project Management 75 wks Fri 5/12/23 Fri 10/11/24 3 Kick-off Meeting 0 days Fri 5/12/23 Fri 5/12/23 4 Website Branding ideas by city staff 6 wks Fri 5/12/23 Thu 6/22/23 5 Data Collection 19 wks Fri 5/12/23 Thu 9/21/23 6 Website Development 8 wks Fri 6/23/23 Thu 8/17/23 7 TASK 2 - COMMUNITY PROFILE 37.5 days Fri 6/23/23 Tue 8/15/23 8 Demographics and Trends Analysis 7.5 wks Fri 6/23/23 Tue 8/15/23 9 TASK 3 - EXISTING AND FUTURE FACILITIES - ANALYSIS OF LEVEL OF SERVICE 65 days Mon 8/7/23 Thu 11/2/23 10 Assessment of Existing Parks and Facilities 6 wks Mon 8/7/23 Fri 9/15/23 11 Analysis and Mapping 4 wks Mon 9/18/23 Fri 10/13/23 12 Level of Services Standards 3 wks Mon 10/16/23 Thu 11/2/23 13 TASK 4 - PUBLIC OUTREACH AND ENGAGEMENT 355 days Fri 6/23/23 Fri 10/25/24 14 ADA Accessible Multi-lingual Crowdsourcing Website 63 wks Fri 8/18/23 Fri 10/25/24 15 Public Engagement/Advocacy Strategy 13.2 wks Fri 6/23/23 Fri 9/22/23 16 Intercept Surveys with QR code 18 wks Fri 8/18/23 Sat 12/16/23 17 Key Leaders and Staff Meetings 2 days Mon 10/23/23 Tue 10/24/23 18 Stakeholder Focus Group Meetings 2 days Mon 10/23/23 Tue 10/24/23 19 Community Meetings (2)2 days Mon 10/23/23 Tue 10/24/23 20 Prepare and Review Statistically-Reliable Survey 13 wks Wed 10/25/23 Thu 1/18/24 21 Statistically-Reliable Survey 7 wks Fri 1/19/24 Thu 3/7/24 22 Online Survey 6 wks Fri 1/26/24 Thu 3/7/24 23 Public Outreach Summary preparation 2 wks Fri 3/8/24 Thu 3/21/24 24 Staff review of DRAFT 2 wks Fri 3/22/24 Thu 4/4/24 25 Public Outreach Summary finalization 1 wk Fri 4/5/24 Thu 4/11/24 26 Public Outreach Summary presentation to City Council (1st & 3rd Tuesdays at 6:00 pm)0 days Tue 4/2/24 Tue 4/2/24 27 Community Meetings (2) - Report out on findings 2 wks Tue 4/2/24 Mon 4/15/24 28 TASK 5 - PRIORITY RANKINGS AND CAPITAL IMPROVEMENT PLAN 60 days Tue 4/2/24 Mon 6/24/24 29 Equity Mapping and Gap Analysis 4 wks Tue 4/2/24 Mon 4/29/24 30 Facility and Program Priority Rankings 4 wks Tue 4/2/24 Mon 4/29/24 31 Park Improvement Recommendations 4 wks Tue 4/30/24 Mon 5/27/24 32 Cost Analysis 4 wks Tue 4/30/24 Mon 5/27/24 33 Capital Improvement Plan 4 wks Tue 5/28/24 Mon 6/24/24 34 TASK 6 - ANALYSIS OF PROGRAMS AND SERVICES 35 days Tue 6/25/24 Mon 8/12/24 35 Programs Analysis 4 wks Tue 6/25/24 Mon 7/22/24 36 Services Analysis 4 wks Tue 6/25/24 Mon 7/22/24 37 Recommendations 3 wks Tue 7/23/24 Mon 8/12/24 38 TASK 7 - DRAFT AND FINAL MASTER PLAN 60 days Tue 8/13/24 Tue 11/5/24 39 Draft Report Preparation and Briefings 4 wks Tue 8/13/24 Mon 9/9/24 40 Executive Summary 4 wks Tue 8/13/24 Mon 9/9/24 41 Commision Meeting Presentation 3 wks Tue 9/10/24 Mon 9/30/24 42 Final Master Plan Preparation and Production 3 wks Tue 10/1/24 Mon 10/21/24 43 City Council Presentation (1st & 3rd Tuesdays at 6:00 pm)0 days Tue 11/5/24 Tue 11/5/24 44 45 46 COMMUNITY EVENTS 102 days Tue 8/1/23 Sat 12/16/23 47 Movie in the Park 0 days Fri 8/18/23 Fri 8/18/23 48 Gov in the Park 8.7 wks Tue 8/1/23 Fri 9/29/23 49 Monster Mash 0 days Sat 10/21/23 Sat 10/21/23 50 Trunk or Treat 0 days Tue 10/31/23 Tue 10/31/23 51 Veterans Day Parade 0 days Sat 11/11/23 Sat 11/11/23 52 Light Parade 0 days Sat 12/9/23 Sat 12/9/23 53 Indoor Movie 0 days Sat 12/16/23 Sat 12/16/23 5/12 10/11 5/12 10/11 5/12 5/12 6/22 5/12 9/21 6/23 8/17 6/23 8/15 6/23 8/15 8/7 11/2 8/7 9/15 9/18 10/13 10/16 11/2 6/23 10/25 8/18 10/25 6/23 9/22 8/18 12/16 10/23 10/24 10/23 10/24 10/23 10/24 10/25 1/18 1/19 3/7 1/26 3/7 3/8 3/21 3/22 4/4 4/5 4/11 4/2 4/2 4/15 4/2 6/24 4/2 4/29 4/2 4/29 4/30 5/27 4/30 5/27 5/28 6/24 6/25 8/12 6/25 7/22 6/25 7/22 7/23 8/12 8/13 11/5 8/13 9/9 8/13 9/9 9/10 9/30 10/1 10/21 11/5 8/1 12/16 8/18 8/1 9/29 10/21 10/31 11/11 12/9 12/16 Apr '23 May '23 Jun '23 Jul '23 Aug '23 Sep '23 Oct '23 Nov '23 Dec '23 Jan '24 Feb '24 Mar '24 Apr '24 May '24 Jun '24 Jul '24 Aug '24 Sep '24 Oct '24 Nov '24 City of Beaumont Parks & Community Services Master Plan Project Schedule January 5, 2024 RHA Landscape Architects-Planners Next Practice Partners COMPLETED TASKS Page 237 of 330 Staff Report TO: City Council FROM: Doug Story, Community Services Director DATE January 16, 2024 SUBJECT: Approve a Professional Services Agreement with Community Works Design Group for the Concept Plans and Construction Documents for Nicklaus Park and Palmer Park Dog Park in an Amount Not to Exceed $358,555 Description To award a contract for design services and construction documents for the Nicklaus Park (P-05) and Palmer Park (P-18) improvements. Background and Analysis: Improvements at Nicklaus Park have been included in the currently adopted Capital Improvement Project (CIP) and include converting the existing dog park into a baseball field, adding a multi-sport grass area, additional restrooms, pickleball courts, sports field lighting and irrigation throughout the park. As a result of the improvements at Ni cklaus Park a dog park is being proposed at Palmer Park in the existing sports field area. On November 13, 2023, staff released a Request for Proposals for Landscape Architect Design Services for Nicklaus Park & Palmer Park Improvement Project . The scope of work included the provision of grading plans, landscape plans, electrical engineering plans, technical specifications for park improvements and all associated construction documents for the project. Sealed bids were opened on December 13, 2023, and ten (10) responses were received. Staff reviewed all responses and is recommending City Council award a Professional Services Agreement to Community Works Design Group in the amount of $358,555. Submitted bids received: Architerra $320,915 CWDG $358,555 WEBB $366,588 RHA $369,930 Page 238 of 330 VDLA $392,815 Brightview $424,435 Herman Design Group $477,884 IDS $485,436 RJM $515,930 Insight $740,883 After reviewing the project experiences of the submitted proposals, CWDG was determined to have experience and a selection of subcontractors and staff with a level of expertise and experience that represented the desired scope of work from the RFP. CWDG and their subcontractors showed experience preparing plans for parks including dog parks and sports fields throughout the surrounding area and were highly recommended from agencies across the region who have used their services. CDWG provides experience with community engagement as well as bid and construction support to assist staff with tasks to ensure construction stays on schedule and to help keep contractors accountable during the construction phase of the project. The submitted schedule for the design phase would be approximately 9 months . Fiscal Impact: Funding for this project is allocated through the five -year Capital Improvement Plan (CIP) Fiscal Year 2023-2027. Project No. P-05 and Project No. P-18 have been appropriated $3,849,000 for design and construction. P-05 Nicklaus Park Field Lighting & Field Expansion Project Accounting Summary Funding Summary Funding Year Funding Source Amount 20/21 Regional Park DIF $900,000 22/23 Neighborhood DIF (closed P-2) $499,000 22/23 Neighborhood DIF (closed P-3) $850,000 22/23 REC DIF (closed P-07) $300,000 22/23 REC DIF (closed P-08) $300,000 Total Project Funding = $2,849,000 Page 239 of 330 Budget Summary Project Component Budget Encumbered Paid to Date Remaining Budget Project Management $0 $0 $0 $0 Preliminary Services $0 $0 $0 $0 Environmental $0 $0 $0 $0 Design $231,000 $0 $0 $231,000 Construction $2,618,000 $0 $0 $2,618,000 Construction Management $0 $0 $0 $0 Permits $0 $0 $0 $0 Equipment $0 $0 $0 $0 Project Summary Totals $2,849,000 $0 $0 $2,849,000 P-18 Palmer Dog Park Project Accounting Summary Funding Summary Funding Year Funding Source Amount 22/23 DIF $1,000,000 Total Project Funding = $1,000,000 Budget Summary Project Component Budget Encumbered Paid to Date Remaining Budget Project Management $0 $0 $0 $0 Preliminary Services $0 $0 $0 $0 Environmental $0 $0 $0 $0 Design $165,000 $0 $0 $165,000 Construction $835,000 $0 $0 $835,000 Construction Management $0 $0 $0 $0 Permits $0 $0 $0 $0 Equipment $0 $0 $0 $0 Project Summary Totals $1,000,000 $0 $0 $1,000,000 The estimated cost to prepare this report is $175. Page 240 of 330 Recommended Action: Approve the Purchase Order for Community Works Design Group in the amount of $358,555, and Authorize the City Manager to authorize any necessary change orders in an amount not to exceed $35,855, and Authorize the Mayor to execute the Professional Services Agreement for construction document and design services for CIP No. P-05 and CIP No. P-18. Attachments: A. Community Works Design Group Proposal B. Professional Services Agreement Page 241 of 330 COMMUNITY WORKS DESIGN GROUP LANDSCAPE ARCHITECTURE & PARK PLANNING 7111 INDIANA AVENUE, SUITE 300 RIVERSIDE, CA 92504 SUBMITTED BY: DECEMBER 13, 2023 NiCKLAUS PARK & PALMER PARK iMPROVEMENT PROJECT PROPOSAL FOR LANDSCAPE ARCHiTECT DESiGN SERViCES FOR: Page 242 of 330 Page 243 of 330 December 13, 2023 City of Beaumont Attn: Doug Story, Community Services Director 550 E. 6th Street Beaumont, CA 92223 RE: Proposal for Landscape Architect Design Services for Nicklaus Park & Palmer Park Improvement Project Dear Doug and Members of the Consultant Selection Evaluation Panel: The constantly improving Community Works Design Group (CWDG) team is pleased to present this proposal for Landscape Architect Design Services for the Nicklaus Park & Palmer Park Improvement Project. Our firm specializes in assisting public agencies in the design and plan review of parks and public landscapes throughout the State of California. We excel in providing throurough, thoughtful and expedited design services for park projects. CWDG prides itself on our ability to provide a fully-dedicated level of service to our municipal clients. Accordingly, we only pursue projects and clients that we can guarantee that ongoing client satisfaction can be fulfilled. Our team of professionals each offer their own expertise and experience while collectively working towards the design and construction of meaningful and diverse public spaces which focus on safety, equity, accessibility and inclusion. This makes our team primed to assist the City of Beaumont with this exciting multi-park project. In the last five (5) years, our team has delivered over 35 park projects, ranging in scope from small area renovations to brand new community parks. We have enjoyed the process and privilege of developing projects featuring sustainable opportunities for residents to access health and wellness amenities, develop City branding and identity, and serve as a platform for recreational programming, partnerships and preservation of green space for the many communities we serve. The CWDG Team confirms we are in receipt of the Q & A document uploaded to Public Purchase. We look forward to growing our working relationship with the City of Beaumont! Respectfully submitted, COMMUNITY WORKS DESIGN GROUP Scott Rice ASLA, LEED AP, CASp President Landscape Architect CA #5111 / NY #2645 Certified Access Specialist CASp-709 scott@cwdg.fun l a n d s c a p e a r c h i t e c t u r e & p l a n n i n g | i r r i g a t i o n d e s i g n & a u d i t i n g | c a s p & a d a c o n s u l t i n g 7 1 1 1 I N D I A N A A v e N u e , s u I t e 3 0 0 , r I v e r s I D e , c A 9 2 5 0 4 ( 9 5 1 ) 3 6 9 - 0 7 0 0 w w w .c w D g .f u NPage 244 of 330 (This page intentionally left blank) Page 245 of 330 TABLE OF CONTENTS INTRODUCTION/INFORMATION AppROACh FIRM pROFILE LOCATION ORgANizATiON, KEY pERSONNEL, & RESUMES pROJECT EXpERIENCES REFERENCES SCOpE OF SERVICES pROJECT SChEDULE COST pROpOSAL ADDITIONAL INFORMATION INSURANCES 1 3 5 7 9 16 26 27 30 31 32 33 Page 246 of 330 (This page intentionally left blank) Page 247 of 330 PROPOSAL FOR LANDSCAPE ARCHITECT DESIGN SERVICES FOR: NICKLAUS PARK & PALMER PARK IMPROVEMENT PROJECT - CITY OF BEAUMONT DECEMBER 13, 2023 1 1 INTRODUCTION/INFORMATION Community Works Design Group (CWDG) understands the City’s desired Scope for the Project will include the following between the two park sites: • Replace existing Nicklaus Dog Park with a baseball field of natural or artificial turf, and related improvements CWDG will be teaming with Design West Engineering (ERSC) and Design West Engineering to ensure proper field drainage and WQMPs are in place for the new baseball field as well as required electrical infrastructure to support the new ballfield lights. • Remove existing frisbee golf course and replace with new multi-use ball fields of natural or artificial turf, and related improvements CWDG has recently designed several multi-use ball fields, including new baseball/softball fields at Goetz Park Phase II Expansion for the City of Perris. • Design snack bar and restroom facility We have found production times for other pre-fabricated building companies can run over a one-year lead time which can lead to funding deadline issues and/or significant construction delays and change orders. Our team plans to coordinate the snack bar and restroom facility with Romtec, however we are open to other direction the City may be considering. Romtec designs, manufactures, supplies, and constructs buildings and structures for all types of applications. Their process begins by designing a building that is particular to the needs of each customer. Then, Romtec provides the complete building plan sets and specifications for customer approval. Each project can then be sent out to bid or purchased directly. Finally, Romtec manufactures and supplies the complete building to be constructed by the contractor or by Romtec as a “turnkey” project. • Increase outdoor pickleball courts CWDG has recently overseen the design and construction of pickleball courts for the City of Cypress’ Lexington Park. In addition, we are currently working on the design of new pickleball courts for the City of Perris’ Foss Field Park Expansion. • Ballfield lights Our team regularly works with Musco and other terrific ballfield lighting manufacturers, we have incorporated the scope for specific geotechnical report work required for the engineering and permitting of ballfield lights. • Construct new dog park at Palmer Park, and related improvements. In addition to the award winning Rancho Mirage Dog Park, our team is fresh off the completion of The Bark at Central Park in the City of Rancho Cucamonga. The park features three (1) one-acre fenced dog parks. We understand the City’s total budget for the project including construction (hard cost) and soft cost is approximately $5 million, are team has successfully reverse engineered parks to meet available budgets and is confident we can provide the same for the City of Beaumont’s Nicklaus Park & Palmer Park Improvments. Page 248 of 330 (This page intentionally left blank) Page 249 of 330 PROPOSAL FOR LANDSCAPE ARCHITECT DESIGN SERVICES FOR: NICKLAUS PARK & PALMER PARK IMPROVEMENT PROJECT - CITY OF BEAUMONT DECEMBER 13, 2023 3 APPROACH STAFF AVAILABILITY: All staff members listed in this RFP are available to begin work immediately upon City request. We guarantee our master schedule will allow us to dedicate sufficient resources to City of Beaumont for this important project. ORGANIZATION AND SCHEDULING: We will provide the City with a critical path schedule, prepared in Microsoft Project, and will adhere to the schedule we present. Our firm utilizes an online-based application called Basecamp to balance coordinate project responsibilities amongst internal staff and subconsultants. This platform also allows our clients to have the ability to maintain a real-time “window” into the inner workings of our firm. This accountability will serve as peace of mind for the City, with a level of transparency not offered by other firms. DELIVERABLES: We will provide all levels of deliverables outlined in the RFQ document. We utilize a wide variety of software, including AutoCAD 2021, Adobe Creative Cloud, Microsoft Office, SketchUp Pro 3-d, and much more. We will provide hard copy and digital media in PDF or any requested format. OUR APPROACH: Our approach to design and quality control is unique to the industry. Every design project is assigned one Licensed Landscape Architect as Project Principal, one Licensed Landscape Architect as Project Manager, and one Assistant Project Manager. CWDG realizes that our success is based on our ability to deliver projects on time and within budget. This team approach will guarantee that the project comes in on budget and stays on budget with minimal change orders. CWDG can also offer complete construction administration and construction management services to assist the City at whatever level is desired. WHAT SETS CWDG APART: While there are many similarities between municipal design projects, we have developed an understanding of what it takes for a project to truly stand apart and shine, as evidenced in our consistent winning of CPRS Awards of Excellence in Park Planning and APWA Project of Merit awards. Our team offers a wide variety of in-house services, such as Accessibility Evaluation from our two (2) Certified Access Specialists(CASp), that are dovetailed into our final products. Page 250 of 330 PROPOSAL FOR LANDSCAPE ARCHITECT DESIGN SERVICES FOR: NICKLAUS PARK & PALMER PARK IMPROVEMENT PROJECT - CITY OF BEAUMONT DECEMBER 13, 2023 4 COMMUNITY DESIGN PROCESS: we employ what we call the “FUNnel” approach to take the multitude of “wants” and narrow them down to a final concept that reflects the best interests of the City and its constituents- and we do so in a FUN way! We typically start by gathering general information by means of online and mail- out surveys ahead of the public design meetings, with ongoing input from the City, so that we can begin to prepare informed design decisions to facilitate a conceptual design that reflects the community’s interest and not OUR interests. As a standard practice, we provide scaled 3-d modeling to help the community understand how proposed improvements will actually appear, to help identify any conflicts well ahead of construction. WORKING WITH CITY STAFF AND POLICY-MAKING AGENCIES AND STAKEHOLDERS: As we have worked on many projects within Riverside County and surrounding region, our team is very well versed in the intricacies of the region, and have had a great rapport and positive working relationship with many local department heads and staff members. We are confident that we can prepare landscape and irrigation plans and specifications in compliance with City of Beaumont’s Landscape Standards. OUR “NOT SO SECRET” INGREDIENT TO SUCCESSFUL PROJECTS is remaining in close, ongoing communication with the City and all key stakeholders throughout the life of the project - from concept to construction! OUR RECORD OF MEETING SCHEDULES ON SIMILAR PROJECTS: We invite you to contact our listed references for confirmation of CWDG’s ability to meet deadlines and critical path schedule milestones. This is especially apparent with projects where the project funding is directly connected to grant deadlines or fiscal year budgets. TECHNOLOGY, AND ADAPTING TO POST COVID LIFE: We have been successful in implementing online com- munity outreach activities and in using alternative meeting platforms, including Google Classroom, Zoom, and Facebook Live. Additionally, we use AutoCAD 2021, Adobe Creative Cloud, Microsoft 365 software, as well as drone photography and other methods to present projects safely to the public. APPROACH Page 251 of 330 PROPOSAL FOR LANDSCAPE ARCHITECT DESIGN SERVICES FOR: NICKLAUS PARK & PALMER PARK IMPROVEMENT PROJECT - CITY OF BEAUMONT DECEMBER 13, 2023 5 A selection of our current on-call contracts are listed below: City of Highland - On-Call Landscape Architectural Services (1990-present) County of Riverside FM - On-Call Landscape Architectural Services (2000-present) Jurupa Area Recreation & Park District - On-Call Park Plan Check Services (2015-present) County of Riverside EDA - On-Call Certified Access Specialist (CASp) Services (2017-present) City of Ontario - On-Call Landscape Architecture Services (2019-present) City of Los Angeles - On-Call Certified Access Specialist (CASp) Services (2020-present) Including Recreation & Parks Department, Adaptive Sports City of Palm Springs - On-Call Landscape Architecture Services (2021-present) City of Anaheim - On-Call Landscape Architecture Services (2023-present) City of Laguna Beach - On-Call & Plan Check Landscape Architecture Services (2023-present) FIRM PROFILE COMMUNITY WORKS DESIGN GROUP - LLC (CWDG) Landscape Architecture - Planning 4649 Brockton Avenue Riverside, California 92506 (951) 369-0700 Federal I.D. 82-1854334 / Registered Small Business # 1769579 California Department of Industrial Relations #: PW-LR-1000707823 PRINCIPAL: Scott Rice ASLA, LEED AP, CASp - President/ Authorized Signer MAIN CONTACT: Scott Rice, LLA #5111 (Licensed 17+ years since 2005; expiration date: 12/31/24) scott@cwdg.fun | (951) 369-0700 office / (909) 754-1257 cell Community Works Design Group (CWDG) was established in 1985 and provides municipal planning services throughout the State of California. The firm focuses on Park, Recreation, and Public Landscape projects. CWDG has a ready and available staff of nine professionals. Community Works Design Group does what its name implies - it assists communities with the design of park projects that work. We come from “your side of the fence”. CWDG has been operating as Community Works Design Group, LLC since 2017, with Scott Rice serving as the firm’s Vice President (2017-2021) and current President (2021-present). Initially, the firm operated as Elliott/ Maloney Landscape Architecture from 1985-1990. In 1991, the firm transitioned to T.I. Maloney Inc. until 1997 when we began doing business as Community Works Design Group. CWDG confirms we do not have any commitments or potential commitments that may impact our ability to perform the Contract, if awarded. Page 252 of 330 PROPOSAL FOR LANDSCAPE ARCHITECT DESIGN SERVICES FOR: NICKLAUS PARK & PALMER PARK IMPROVEMENT PROJECT - CITY OF BEAUMONT DECEMBER 13, 2023 6 Our Principal and three of our dedicated Directors/Senior Project Managers hold current Landscape Architect licensure in the State of California: Scott Rice LLA #5111 Licensed continuously since Oct 2005 (17+ years) Dan Burkhart LLA #6092 Licensed continuously since Aug 2015 (7+ years) Allison Rush LLA #6378 Licensed continuously since Aug 2018 (4 years) Additionally, our staff holds a variety of Certifications that boost our abilities in the Landscape Architectural realm, including the following: • Certified Access Specialist (CASp) SITES Accredited Professional (SITES AP) • Certified Landscape Irrigation Auditor (CLIA)* LEED Accredited Professional (LEED AP) • Certified Irrigation Designer (CID)* ISA Certified Arborist (ISA) • Certified Playground Safety Inspector (CPSI) * via contract employee CWDG’S CURRENT TEAM OFFERS OVER 87 YEARS OF COMBINED PARK PLANNING EXPERIENCE IN ADDITION TO THE SPECIALITIES BELOW YE A R S O F S P E C I A L I Z E D E X P E R I E N C E 0 5 10 15 20 25 30 35 Certied Access Specialist ISA Arborist Certied Irrigation Designer Plan Check Public Sector/Embedded Service Roles Licensed Landscape Architects (4) (3) (2) (1) (2) (1) FIRM PROFILE Additional licenses and certificate copies available upon request. FIRM PROFILE Page 253 of 330 PROPOSAL FOR LANDSCAPE ARCHITECT DESIGN SERVICES FOR: NICKLAUS PARK & PALMER PARK IMPROVEMENT PROJECT - CITY OF BEAUMONT DECEMBER 13, 2023 7 FIRM LOCATION Community Works Design Group is based out of Riverside, CA. We are located just off the 91 Freeway and less than 30 miles to the City of Beaumont’s City Hall. We are just a short 35 minute drive from Nicklaus Park & Palmer Park as well! Page 254 of 330 (This page intentionally left blank) Page 255 of 330 PROPOSAL FOR LANDSCAPE ARCHITECT DESIGN SERVICES FOR: NICKLAUS PARK & PALMER PARK IMPROVEMENT PROJECT - CITY OF BEAUMONT DECEMBER 13, 2023 9 PROJECT TEAM & ORGANIZATION CHART We make it a point to let our CWDG team revolve around our clients. Each member of our team steps up to the plate to lend their expertise, provide direction, and weigh in on important design decisions. This sets us apart from other firms working under small design teams, you get a whole award-winning firm of eight (8) professional staff. SUPPORT STAFF Debra Lake, SITES AP, Landscape Designer Luke Morris, Landscape Designer Brian Espinoza, Landscape Designer Cindy Ingram, Office Manager ANALICIA ESCOBAR-GOMEZ MPADirector of Community Engagement SCOTT RICE ASLA, LEED AP, CASp President DAN BURKHART ASLA, ISA, sUAS Director of Implementa�on + Value SUBCONSULTAN T S ALLISON RUSH ASLA Director of Design + Crea�vity Page 256 of 330 PROPOSAL FOR LANDSCAPE ARCHITECT DESIGN SERVICES FOR: NICKLAUS PARK & PALMER PARK IMPROVEMENT PROJECT - CITY OF BEAUMONT DECEMBER 13, 2023 10 Scott Rice ASLA, LEED AP, CASp President - Principal Landscape Architect Scott applies his 20+ years of landscape architecture knowledge to oversee all work completed by the CWDG as our firm’s President and Principal Landscape Architect. In addition, Scott is one of the only three licensed landscape architects in the State of California to also be a Certified Access Specialist. Dan Burkhart ASLA, ISA, sUAS Senior Landscape Architect - Director Of Implementation + Value Dan is our firm’s Jack-of-all-trades, master of constructability. Dan currently serves as City landscape plan checker for the cities of Calimesa and Eastvale. From cost estimating to inspections, Dan does it all. He is also a Certified Arborist and FAA Drone Pilot. As a former Landscape Superintendent and Inspector, Dan is our go to for when we have questions. He also serves our clients as a contract plan checker. Allison Rush ASLA, CASp, CPSI Senior Landscape Architect - Director Of Design + Creativity Allison is our team go-to for creating beautiful project plans and a cohesive vision for our firm and clients. She excels at understanding how best to configure and optimize outdoor spaces for the health and enjoyment of users of all ages and abilities. Allison also has a strong grasp of designing with various digital media techniques, including CAD, 3-D modeling and photo simulation. Analicia Escobar-Gomez MPA Senior Project Manager- Director Of Community Engagement Analicia has experience as a designer, contractor, and public sector planner lending our firm a unique perspective when problem solving for our municipal clients. She is passionate about equity and inclusion and loves working on community-based design work. PRINCIPAL: SENIOR LEVEL STAFF: CWDG KEY PERSONNEL Page 257 of 330 PROPOSAL FOR LANDSCAPE ARCHITECT DESIGN SERVICES FOR: NICKLAUS PARK & PALMER PARK IMPROVEMENT PROJECT - CITY OF BEAUMONT DECEMBER 13, 2023 1119 SUBCONSULTANT TEAM While the Community Works Design Group team will perform the majority of the project scope for the Nicklaus Park & Palmer Park Improvements, our team also includes the following subconsultants: Design West Engineering (DWE) will provide all Electrical Engineering and Dry Utility design/ coordination services for this project. We (CWDG) have teamed with DWE on many successful park projects across Southern California. DWE will be represented by Roy Morales, Electrical Engineering Department Head. With over 25 years of experience, Roy contributes a high level of expertise in electrical applications, including parks and community facilities. Engineering Resources of Southern California will be coordinating for the park sites surveys along with geotechnical reports for each site. In addition, ERSC will prepare the hydrology, grading, and WQMP and SWPPP as required. ERSC will be represented by Lori Askew who will serve as Project Manager and Principal Engineer. She will also oversee Trent Brudin, PE, Katherine Hernandex, Zoey Dunmire along with geotechnical subconsultants and their survey crew. Page 258 of 330 PROPOSAL FOR LANDSCAPE ARCHITECT DESIGN SERVICES FOR: NICKLAUS PARK & PALMER PARK IMPROVEMENT PROJECT - CITY OF BEAUMONT DECEMBER 13, 2023 12 RESUMES SCOTT RICE ASLA, LEED AP, CASp PRINCIPAL LANDSCAPE ARCHITECT Mr. Scott Rice is President and Managing Principal of Community Works Design Group (CWDG). He has managed over $150 million in public landscape projects during his tenure at CWDG. In previous roles at CWDG, Scott has overseen the development of construction documents, plan checking, cost estimating, conceptual rendering, and construction observation and management. Scott graduated with honors from Cal Poly Pomona, earning a Bachelor of Science Degree in Landscape Architecture. He is a full member of the American Society of Landscape Architects (ASLA). Additionally, Scott is a LEED Accredited Professional (LEED AP), as designated by the United States Green Building Council (USGBC), and a Certified Access Specialist (CASp) as issued by the State of California, Division of the State Architect. Scott is one of only three Landscape Architects in California that currently hold CASp Certification. Scott also serves as the City Landscape Architect for the City of Highland, California, and has acted in that capacity since 2005. Scott also has served as a Contract Park Planner for Jurupa Community Services District (JCSD) since 2003 and Consultant Park Planner/ Plan Checker for Jurupa Area Recreation and Park District (JARPD) since 2015. Mr. Rice draws on previous work experience in graphic design and golf course maintenance to integrate high aesthetic quality in balance with functional, cost- effective design. His focus is in Public Works projects for various municipalities throughout the State, including Park Planning of various scales, including Community, Neighborhood, Sports, and Pocket Parks, as well as median and parkway landscape, and LMD/ CFD planning. Specialized areas of involvement include Skate Parks, Dog Parks, and Accessible Play. In addition to Park Planning, Scott is seasoned in the landscape architectural development of Multi-family Housing, Planned Residential Communities, Highway Aesthetic Design, Custom Residential Planning, and various private/commercial ventures. In addition to Scott’s 21 year tenure with CWDG, Scott took a year-long hiatus in 2010 to co-manage the design division of an internationally-recognized design/ build firm, specializing in skate parks and action sports facilities throughout the world. When not in the office, Scott enjoys the fruits of his labor – parks and trails – with his wife and five children. Education: Bachelor of Science in Landscape Architecture, California State Polytechnic University, Pomona (2002) Licenses/ Certificates: Licensed Landscape Architect: California #5111 (2005-current) Certified Access Specialist: California CASp-709 (2016-current) Years of Experience: 25+ Years with Firm: 21 Affiliations: American Society of Landscape Architects (ASLA) - Executive Committee Member, Vice President, Sponsorship, So Cal Chapter (2021-present) California Park & Recreation Society (CPRS) - Full Member U.S. Green Building Council LEED Accredited Professional Certified Access Specialist Institute – Full Member Building Industry Association – Riverside County Chapter Member, Board of Directors Leaders of Tomorrow (LOT) Committee – 2017 Chairman Notable Project Experience: Goetz Park, Phase 2– City of Perris- $2.1 million Enchanted Hills Park - City of Perris - $8.5 million Page 259 of 330 PROPOSAL FOR LANDSCAPE ARCHITECT DESIGN SERVICES FOR: NICKLAUS PARK & PALMER PARK IMPROVEMENT PROJECT - CITY OF BEAUMONT DECEMBER 13, 2023 13 DANIEL BURKHART ASLA, ISA SENIOR LANDSCAPE ARCHITECT - DIRECTOR OF IMPLEMENTATION + VALUE Mr. Dan Burkhart is a Senior Landscape Architect at Community Works Design Group (CWDG) joining the firm in early 2020. Dan is charged with maintaining CWDG construction development and documentation process as well as mentoring and guidance of junior staff. Dan handles plan checking, in house reviews, and CD support in addition to specification, estimating, and construction oversight. Dan is often referred to as Coach in the office and works diligently to elevate and improve CWDG’s production and efficiency. Dan graduated from Cal Poly Pomona, earning a Bachelor of Science degree in Landscape Architecture. He started his journey in the field with the City of Anaheim, working within the Parks Department at Dad Miller Golf Course. He continued on exploring the Nursery side with Armstrong Garden Centers before moving into Design Practice after graduation. After working up to the project manager level, Dan ventured to the Design build practice with Valley Crest Companies. Shifting into the realm of sustainability Dan laced his boots and worked up to the position of general superintendent with a Landscape Habitat and Mitigation General Contractor, designing, creating, restoring, and maintaining naturalized habitats. Moving to the public side of the practice Dan was the Senior Landscape Inspector for the City of Yorba Linda LMAD group. Supervising staff, managing contracts, and design and inspection duties for the City. Dan worked with management and the public to improve the City’s 22,000 trees and over 500 acres of City maintained landscape. Dan brings a wealth of design, installation, and maintenance experience to CWDG earned over his 24-year journey. Dan’s varied and wide experience on both sides of the table includes the Private and Public sectors at all levels and gives him an understanding of different points of view and the forces involved. Dan has started with a shovel and a pencil and has demonstrated an ability to listen, learn, and advance in the profession. Licensed as a Contractor, Certified Arborist, QAL, FAA Remote Pilot, and being a continual student of all aspects related to the field and process, Dan continues to learn and build while adding items to his tool box and base. Dan spends his free time with his family, camping, coaching youth baseball, and the restoration and building of classic cars. Education: Bachelor of Science in Landscape Architecture, California State Polytechnic University, Pomona (2001) Licenses/ Certificates: Licensed Landscape Architect: California #6092 (2015-current) ISA Certified Arborist WE-11637A (2016-current) C-27 Contractor License #840206 (2004 - currently inactive) FAA UAS Remote Pilot (2017-current) California Dept. of Pesticide Regulation - OAL 122282 BF (2010-current) Years of Experience: 25+ Years with Firm: 3 Affiliations: American Society of Landscape Architects (ASLA) - Full Member International Society of Arboriculture (ISA) - Full Member Notable Project Experience: Ayala Park Replacement- County of San Bernardino - $4 million RESUMES Page 260 of 330 PROPOSAL FOR LANDSCAPE ARCHITECT DESIGN SERVICES FOR: NICKLAUS PARK & PALMER PARK IMPROVEMENT PROJECT - CITY OF BEAUMONT DECEMBER 13, 2023 14 ALLISON RUSH ASLA, CASp, CPSI SENIOR LANDSCAPE ARCHITECT - DIRECTOR OF DESIGN + CREATIVITY Education: Bachelor of Arts, The Pennsylvania State University Master of Landscape Architecture, Temple University Licenses/ Certificates: Licensed Landscape Architect, State of California, #6378 Certified Access Specialist: California CASp-1080 (2023-current) Ms. Allison Rush is a Project Manager with Community Works Design Group, with East Coast roots. Allison earned her Bachelor’s degree in Human Geography from Penn State, and her Master of Landscape Architecture degree from Temple University. Allison’s undergraduate and graduate work focused on the means and methods of interaction between people and public spaces. She excels at understanding how best to configure and optimize outdoor spaces for the health and enjoyment of users of all ages and abilities. Allison also has a strong grasp of designing with various digital media techniques, including CAD, 3-d modeling and photo simulation. With her education and skills, Allison has been integral in our team’s efforts of conveying and shaping ideas for many important projects throughout California. ANALICIA ESCOBAR-GOMEZ MPA SENIOR PROJECT MANAGER - DIRECTOR OF COMMUNITY ENGAGEMENT Education: Bachelor of Science, Landscape Architecture, California State Polytechnic University, Pomona Masters of Public Administration, California State University, San Bernardino Doctorate of Public Administration, California Baptist University (Pending Dissertation) Ms. Analicia Escobar-Gomez is Community Works Design Group’s (CWDG) Director of Community Engagement and Senior Project Manager recently joining our firm from the public sector where she held a variety of positions for Riverside County including Senior Park Planner for the Riverside County Regional Park & Open-Space District. Analicia serves CWDG as a Senior Project Manager for projects ensuring the intent and vision of each project is brought to life through careful and thoughtful design. In addition, Analicia offers our clients effective Community Engagement campaigns with the unique perspective of having been a public sector employee for over a decade. Analicia designs to develop and enhance a sense of place for each city and agency we work with, utilizing her background in branding and identity building. Working closely with several cities and municipalities inspired Analicia to complete her Masters in Public Administration and begin a career with the County of Riverside where she fulfilled multiple roles for various departments and ultimately spending over 4 years as Riverside County Regional Park and Open-Space District’s Senior Park Planner, completing and progressing over $15 million in Capital Improvement and trail projects and assisting in grant and legislative applications leading to millions of dollars in awards. RESUMES Page 261 of 330 PROPOSAL FOR LANDSCAPE ARCHITECT DESIGN SERVICES FOR: NICKLAUS PARK & PALMER PARK IMPROVEMENT PROJECT - CITY OF BEAUMONT DECEMBER 13, 2023 15 BRIAN ESPINOZA LANDSCAPE DESIGNER Drawing upon experience in positions within student government and a design-build landscaping company, Brian has developed a respected position as a landscape designer with CWDG. Brian is excited to continue his journey within landscape design and hopes to teach new generations about expression through art and making visions come to life. Brian has always believed in design as a malleable medium to communicate, create connections within space, and strengthen relationships with ecology. At Cal Poly Pomona’s School of Environmental Design he learned that regardless of individual identity, Landscape Architecture and design assists in creating spaces for the betterment of our physical, mental, and spiritual well-being. As a bilingual member of the team, Brian provides our Community Outreach team with the benefit of a Spanish speaker for developing surveys and assisting and the facilitation of workshops and meetings. LUKE MORRIS LANDSCAPE DESIGNER + NATIVE PLANT SPECIALIST Mr. Luke Morris joined our team as a landscape designer and native plant expert. Our team leans on him to keep tabs on local nursery inventory so contractors are able to find what we design with ease. Luke works closely with all of our staff to provide support and lend expertise on plant selections into workable construction documents through construction inspections. Luke also serves as our team’s recycling/composting specialist, working with various cities and public agencies to help them meet SB 1383 compliance and developing long term composting and recycling solutions. During his free time Luke enjoys traveling and spending time outdoors collecting native plant seeds. Additionally, as an avid skateboarder, Luke is our in-house skate park design assistant, troubleshooting and developing fun and challenging transitions and elements for all skill levels. Education: Bachelor of Science, Landscape Architecture, California State Polytechnic University, Pomona Key Reference Projects: • SB 1383 Implementation Reports, Cities of Palm Springs and Banning Education: Bachelor of Science, Landscape Architecture, California State Polytechnic University, Pomona RESUMES Page 262 of 330 (This page intentionally left blank) Page 263 of 330 PROPOSAL FOR LANDSCAPE ARCHITECT DESIGN SERVICES FOR: NICKLAUS PARK & PALMER PARK IMPROVEMENT PROJECT - CITY OF BEAUMONT DECEMBER 13, 2023 17 FRISBIE PARK The Community Works Design Group team is confident that we can provide San Bernardino County Special Districts with the high level of detail and attention in On-Call Landscape Architecture Services that we have provided to our numerous municipal clients throughout our firm’s 35+ years of experience in park and public landscape planning and landscape architecture. We work symbiotically with each member working towards their strength to deliver the best quality, constructible designs for our clients. CWDG is at the tail-end of designing and construction several Proposition 68 funded municipal park projects. We are primed and ready to serve a client like San Bernardino County Special Districts on a multi-year, multi- project contract. We have had tremendous success doing just this for clients like the City of Perris, County of Riverside, City of Cypress, and currently, the City of Ontario. From skate parks to dog parks our firm has designed it all. We aim to design each project with a unique identity and meaningful sense of place for each of the communities they serve. In the past 5 years the CWDG has designed and/or overseen the construction of over 35 Park Renovation Projects and 10 New Parks Featuring: PROJECT SPECIFIC EXPERIENCE Page 264 of 330 PROPOSAL FOR LANDSCAPE ARCHITECT DESIGN SERVICES FOR: NICKLAUS PARK & PALMER PARK IMPROVEMENT PROJECT - CITY OF BEAUMONT DECEMBER 13, 2023 18 The CWDG team served as the prime consultant for several park projects for the City of Rialto. Frisbie Park Expansion, was led by Scott Rice, who was directly assisted by Allison Rush. The Frisbie Park expansion was designed with direct input from City Maintenance staff, including materials selection and amenity arrangement to allow proper clearances for service equipment. CWDG conducted a complete analysis and renovation of all accessibility (ADA) aspects of existing park, led by CWDG’s in-house Certified Access Specialist (CASp). Our team seamlessly integrated new ballfields and amenities into the existing park while, protecting several existing heritage trees. PROjECT SPECiFiC ExPERiENCE FRISBIE PARK EXPANSION & RENOVATION CWDG INVOLVEMENT: Community Outreach, Conceptual Design, 3D Modeling, Construction Drawings, Construction Administration CONTACT: Ted Rigoni, PE Engineering Manager (recently retired) tedrigoni@gmail.com 2020 December Completion: 16.7 acres Project Size: $18 mILLION Project Cost: CITY OF RIALTO BEFORE AFTER 5 2 3 10 2 3 2 2021 American Public Works AssociationSouthern California Chapter B.E.S.T. Winner Page 265 of 330 PROPOSAL FOR LANDSCAPE ARCHITECT DESIGN SERVICES FOR: NICKLAUS PARK & PALMER PARK IMPROVEMENT PROJECT - CITY OF BEAUMONT DECEMBER 13, 2023 19 PROjECT SPECiFiC ExPERiENCE FRISBIE PARK EXPANSION & RENOVATION AYALA PARK 5 23 10 2 3 2 2021 American Public Works AssociationSouthern California Chapter B.E.S.T. Winner Page 266 of 330 PROPOSAL FOR LANDSCAPE ARCHITECT DESIGN SERVICES FOR: NICKLAUS PARK & PALMER PARK IMPROVEMENT PROJECT - CITY OF BEAUMONT DECEMBER 13, 2023 20 FRISBIE PARK CWDG served as the Park Planning Team’s Landscape Architect for the new Ayala Park. The team was led by Scott Rice, who was directly assisted by Allison Rush and Dan Burkhart. We worked directly with the Related Development Team and San Bernardino Special Districts to develop the 7 acre park. Complete with walking paths and exercise equipment, 3 play structures for tots all with rubberized play zones, zip line play feature, lighted basketball court with glass backboards, picnic shelters, small & large dog park, gazebo and a wide open turfed area for passive park use. PROjECT SPECiFiC ExPERiENCE AYALA PARK NEW DEVELOPMENT CWDG INVOLVEMENT: Conceptual Design, 3D Modeling, Construction Drawings, Construction Administration Completion: 7 acres Project Size: $1.5 mILLION Project Cost: SAN BERNARDINO COUNTY SPECIAL DISTRICTS 2 P CONTACT: Glenn Jacklin Division Manager 909-386-8822 2022 aUGUsT 2022 American Public Works AssociationSouthern California Chapter (APWA)American Society of Civil Engineers (ASCE) and National Association of Counties (NACo) Awards for Project of the Year CENTRAL PARKDOG PARK Page 267 of 330 PROPOSAL FOR LANDSCAPE ARCHITECT DESIGN SERVICES FOR: NICKLAUS PARK & PALMER PARK IMPROVEMENT PROJECT - CITY OF BEAUMONT DECEMBER 13, 2023 21 2 P LExiNGTON PARK CWDG served as prime consultant for the design and construction of the Goetz Park Expansion for the City of Perris. As prime consultant, our team oversaw, Geotechnical, Civil Engineering, MEP Engineering, Skate Park Consultants, and more. Our team was led by Scott Rice, who was directed assisted by Allison Rush, Dan Burkhart and Luke Morris. The Phase II Exapansion at Goetz Park features a brand new shaded children’s playground, as well as a lovely walking path around the circumference of the park. Goetz Park also features a baseball diamond, basketball court, and a brand new skate spot. This neighborhood park is perfect for family get-togethers and friendly competition. PROjECT SPECiFiC ExPERiENCE CENTRAL PARKDOG PARK EXPANSION CWDG INVOLVEMENT: Community Outreach, Conceptual Design, 3D Modeling, Construction Drawings, Construction Administration CONTACT: David F. Eoff IV Senior Planner (909) 774-4312 david.eoff@cityofrc.us 2023 sePTember Completion: 4.4 acres DeveLOPeD Project Size: $3.5 mILLION Project Cost: CITY OF RANCHO CUCAMONGA 3 3 3 Page 268 of 330 PROPOSAL FOR LANDSCAPE ARCHITECT DESIGN SERVICES FOR: NICKLAUS PARK & PALMER PARK IMPROVEMENT PROJECT - CITY OF BEAUMONT DECEMBER 13, 2023 22 CWDG served as prime consultant for the design of Lexington Park which included soccer fields, a shaded plaza, pickleball courts and more. Our team was led by Scott Rice, who was directly assisted by Allison Rush, and Dan Burkhart. The CWDG team also assisted the City of Cypress with their Oak Knoll Park renovation project which included a new restroom and concession stand building, as well as addressing path of travel accessibility to the new amenities. PROjECT SPECiFiC ExPERiENCE LExiNGTON PARK NEW DEVELOPMENT CWDG INVOLVEMENT: Community Outreach, Conceptual Design, 3D Modeling, Construction Drawings, Construction Administration CONTACT: Nick Mangkalakiri, PE City Engineer nmangkal@cypressca.org 2022 marcH Completion: 9 acres Project Size: $13.2 mILLION Project Cost: CITY OF CYPRESS 2 3 6 Page 269 of 330 PROPOSAL FOR LANDSCAPE ARCHITECT DESIGN SERVICES FOR: NICKLAUS PARK & PALMER PARK IMPROVEMENT PROJECT - CITY OF BEAUMONT DECEMBER 13, 2023 23 CYPRESS, CALIFORNIA RESTROOM/ CONCESSION BUILDING www.PublicRestroomCompany.com ARTIST IMPRESSION: 3D RENDERING ONLY FOR REPRESENTATION. COLORS AND MATERIALS ARE SUBJECT TO CHANGE COPYRIGHT 2017, PUBLIC RESTROOM COMPANY THIS MATERIAL IS THE EXCLUSIVE PROPERTY OF PUBLIC RESTROOM COMPANY  AND SHALL NOT  BE REPRODUCED, USED OR DISCLOSED TO OTHERS EXCEPT AS AUTHORIZED BY THE WRITTEN PERMISSION OF PUBLIC RESTROOM COMPANY. OAK KNOLL PARK PROJECT REF#: 10430-3/6/2019-0 2587 BUSINESS PARKWAYMINDEN NEVADA 89423 P: 888-888-2060 F: 888-888-1448 FLOOR PLAN SCALE: NOT TO SCALE PROjECT SPECiFiC ExPERiENCE LExiNGTON PARK & OAK KNOLL PARK GOETZ PARK Page 270 of 330 PROPOSAL FOR LANDSCAPE ARCHITECT DESIGN SERVICES FOR: NICKLAUS PARK & PALMER PARK IMPROVEMENT PROJECT - CITY OF BEAUMONT DECEMBER 13, 2023 24 CWDG served as prime consultant for the design and construction of the Goetz Park Expansion for the City of Perris. As prime consultant, our team oversaw, Geotechnical, Civil Engineering, MEP Engineering and more. Our team was led by Scott Rice, who served as our in-house skate park designer and was directed assisted by Allison Rush, Dan Burkhart and Luke Morris. The Phase II Exapansion at Goetz Park features a brand new shaded children’s playground, as well as a lovely walking path around the circumference of the park. Goetz Park also features baseball diamond, basketball court, and a brand new skate spot. This neighborhood park is perfect for family get-togethers and friendly competition. PROjECT SPECiFiC ExPERiENCE GOETZ PARK EXPANSION CWDG INVOLVEMENT: Community Outreach, Conceptual Design, 3D Modeling, Construction Drawings, Construction Administration CONTACT: Sabrina Chavez Director of Community Services (951) 435-7220 ext. 278 schavez@cityofperris.org 2020 sePTember Completion: 4 acres DeveLOPeD Project Size: $2 mILLION Project Cost: CITY OF PERRIS 2 59 1 2 2 8 1 5 1 12 1 2020CA Parks & Recreation Society Excellence in Park Planning Winner Page 271 of 330 PROPOSAL FOR LANDSCAPE ARCHITECT DESIGN SERVICES FOR: NICKLAUS PARK & PALMER PARK IMPROVEMENT PROJECT - CITY OF BEAUMONT DECEMBER 13, 2023 25 REFERENCES Client: CWDG served as prime consultant for various park design and renovation projects throughout the District. CWDG also has provided all Landscape Plan Check and Inspection Services for the District continuously since 2015. JURUPA AREA RECREATION & PARK DISTRICT (JARPD) Services rendered: Colby Diuguid, General Manager (951) 361-2090 | colby@jarpd.org Contact: CWDG served as prime consultant for master planning, assisted in public outreach for grant submittal preparation, and provided construction document preparation, bid support and construction administration for several park and trail projects. the most recent including Foss Field, Paragon Skate Park, Perris Green City Farm, Foss Field, and the award-winning Enchanted Hills, Goetz, and Mercado Parks. CITY OF PERRIS Services rendered: Client: Sabrina Chavez Director of Community Services (951) 435-7220 ext. 278 schavez@cityofperris.org Contact: Client: CWDG served as prime consultant for the design of Lexington Park which included soccer fields, a shaded plaza, pickleball courts and more. CWDG also served as the prime consultant for the Oak Knoll Park Restroom/Concession Replacement projects. CITY OF CYPRESS Services rendered: Nick Mangkalakiri, PE City Engineer nmangkal@cypressca.org Contact: Client: CWDG served as the Park Planning Team’s Landscape Architect for the new Ayala Park. The team was led by Scott Rice, who was directly assisted by Allison Rush and Dan Burkhart. We worked directly with the Related Development Team and San Bernardino Special Districts to develop the 7 acre park. SAN BERNARDINO COUNTY SPECIAL DISTRICTS Services rendered: Glenn Jacklin Division Manager 909-386-8822 Contact: Page 272 of 330