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Home My Public Portal AboutAgendas - Apr. 19, 2011Agenda Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority Beaumont Charitable Foundation Beaumont Conservation Authority 550 E. 6th Street, Beaumont, California Regular Session (6:00 p.m.) Closed Session (after Regular Session) Tuesday, April 19, 2011 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" REGULAR SESSION Regular Session to begin at 6:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor De Forge , Mayor Pro Tern Berg , Council Member Castaldo , Council Member Fox , Council Member Gall Invocation: Pledge of Allegiance: Presentation: Adjustments to Agenda: BJ Stavness — New Creations Boy Scouts ORAL AND WRITTEN COMMUNICATIONS: Anyone wishing to address the City Council on any matter not on the agenda of this meeting may do so now. The oral communications portion of the agenda is to hear public comments. Anyone wishing to speak on an item on the agenda may do so at the time the Council considers that item. All person(s) wishing to speak must fill out a "Request to Speak Form" and give it to the City Clerk at the beginning of the meeting. The forms are available on the table at the back of the room. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. 1. COUNCIL REPORTS (This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel) a) Mayor De Forge b) Mayor Pro Tern Berg C) Council Member Castaldo d) Council Member Fox e) Council Member Gall 2. CITY MANAGER REPORTS (City of Beaumont Core Values: Treat everyone right; Keep a customer service focus; Effective communication; Present opportunity, • Operate like a great business; Eliminate bureaucratic solutions; Embrace positive change) a. Beaumont Charitable Foundation (made up of donations from citizens, employees and contractors) 1) Baker to Vegas Run b. Community Information and Local Project Update 1) Financial Updates a) March Financial Update b) Budget Update C. Calendar of Events 1) April 21, 2011 — Volunteer Celebration — 11 am to 1 pm Beaumont CRC 2) April 23, 2011 —Annual Egg Hunt and Spring Fling — BCVPRD 3) April 28, 2011 — State of the City Luncheon — Tukwet Canyon Golf Course 4) April 30, 2011 — BCVPR District — Home Run Derby (MDA Fundraiser) 5) April 30, 2011 — Motorcycle Race for Relay for Life - CRC 6) May 5, 2011 — Charity Basketball Tournament (MDA Fundraiser) 7) May 14 -15, 2011 — Relay For Life — Sports Park 8) May 18, 2011 —"Run for the Wall" 9) May 21, 2011 — Miss Beaumont Queens Pageant 10) May 26, 2011 — Dedication Ceremony Recognizing for 1 st Lt. Joshua M. Palmer /Spc. Michael Dahl, Jr. 11) May 28, 2011 — Breezin' Through Beaumont/Cherry Festival Car Show 12) May 30, 2011 — Memorial Day Ceremony — Beaumont Civic Center 11 am 13) June 2 -5, 2011 — Cherry Festival 14) June 10, 2011 — Beaumont Municipal Pool opens for the summer 15) July 4, 2011 — Independence Day Celebration 16) 1" Wednesday of each Month — Beaumont Care Awareness Team 17) Second and Third Wednesday of Each Month — Story Time Cafe d. Rumor Control, and Report on Oral and Written Communications 3. CONSENT CALENDAR (This portion of the Agenda is for items that do not require a Public Hearing or discussion.) a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary b. Approval of the Minutes of the City Council Meeting April 5, 2011 C. Approval of the Warrant List for April 19, 2011. d. Adoption of Ordinance No. 995 at its 2nd reading — An Ordinance of the City Council of the City of Beaumont, California Amending Section 1.16.030 of Chapter 1.16 of the Beaumont Municipal Code Entitled "Violation — Infraction — Penalty" e. Adoption of Ordinance No. 994 at its 2"d reading — An Ordinance of the City Council of the City of Beaumont, California Adding Section 8.12.023 of the Beaumont Municipal Code RE: "Unauthorized Disposal — Prohibited" f. Approval of Plans and Specifications and Authorize Public Bids for Brookside Avenue Improvements g. Award of Contract for First and Second Street Market Place Repairs. h. Award Agreement for Emergency Repairs on Oak Valley Parkway. i. Authorization for Staff to Prepare and File Grant Applicants for SB 821 Bike and Pedestrian Facilities Recommendation: Approval of the Consent Calendar as presented. 4. ACTION ITEMS /PUBLIC HEARING /REQUESTS (This portion of the Agenda is for items that require a Public Hearing, discussion, and /or Council direction.) a. Ordinance No. 996 — An Ordinance of the City Council of the City of Beaumont, California Amending Chapter 15 of the Beaumont Municipal Code Entitled "Building and Construction" Recommendation: Hold a Public Hearing and approve the 1St reading of Ordinance No. 996 as presented. b. Policy and Procedures for Elections Recommendation: Review and Direct Staff C. Ordinance No. 992 — An Ordinance of the City Council of the City of Beaumont, California Amending Chapter 5.26 "Solicitation" of the Beaumont Municipal Code (Continued from March 15, 2011) Recommendation: Hold a Public Hearing and approve the 1St reading of Ordinance No. 992 as presented. d. Options for Centennial Memorial Bridge Plaques Recommendation: Staff recommends that the City Council discuss and vote on the proposed options Adjournment of the City Council Meeting at p.m. Any Person with a disability who requires accommodations in order to participate in this meeting should telephone Shelby Hanvey at 951 - 769 -8520 ext. 323, at least 48 hours prior to the meeting in order to make a request for a disability - related modification or accommodation ! KIM-- 11I111 City of Beaumont 1,500,000 General Fund Revenue and Expenditures 0 March 31, 2011 263,434 Actual- Accruals/ Adjusted Variance 9 Months Cash Basis Adjustments Balance Favorable Percentage Budget 3/31/2011 3/31/2011 3/31/2011 (Unfavorable) Difference REVENUES 1,500,000 1,763,434 0 1,763,434 263,434 18% Taxes: 15,000 41,766 0 41,766 26,766 178% Property taxes 3,000,000 1,681,724 950,000 2,631,724 (368,276) -12% Sales taxes 2,415,000 2,438,114 165,000 2,603,1 14 188,114 8% Utility Users tax 1,012,500 915,064 0 915,064 (97,436) -10% Franchises 543,750 232,825 310,000 542,825 (925) 0% Business Licenses 135,000 54,004 81,000 135,004 4 0% T.O.T. 168,750 141,929 26,000 167,929 (821) 0% 7,275,000 5,463,660 1,532,000 6,995,660 (279,340) -4% Licenses and permits: Building permits 562,500 227,851 0 227,851 (334,649) -59% Other licenses and permits 75,000 93,950 0 93,950 18,950 25% 637,500 321,801 0 321,801 (315,699) -50% Intergovernmental revenue: Motor vehicle in lieu 2,475,000 1,425,066 672,000 2,097,066 (377,934) -15% Other revenue 0 0 0 0 0 0% 2,475,000 1,425,066 672,000 2,097,066 (377,934) -15% Charges for services: Building & Development 1,500,000 1,763,434 0 1,763,434 263,434 18% Police services 15,000 41,766 0 41,766 26,766 178% Refuse collection 3,150,000 2,203,177 300,000 2,503,177 (646,823) -21% Swimming pool 18,750 18,143 0 18,143 (607) -3% Recreation program 26,250 46,060 0 46,060 19,810 75% PASTS Services 11,250 3,500 7,500 11,000 (250) -2% Miscellaneous 23,250 10,755 0 10,755 (12,495) -54% 85,701 4,744,500 4,086,835 307,500 4,394,335 (350,165) -7% Fines and forfeitures: General and vehicles 262,500 175,383 50,000 225,383 (37,117) -14% Use of money and property: Interest 1,350,000 118 1,350,000 1,350,118 118 0% Property Rental 60,000 60,605 0 60,605 605 1% Miscellaneous 2,250 147,782 0 147,782 145,532 6468% 1,412,250 208,505 1,350,000 1,558,505 146,255 10% Other financing sources: Admin O/H allocation Sale of property Cost recovery Abandoned Vehicle Grant revenue Gas Tax transfer Bond Administration Other transfers TOTAL REVENUES TOTAL EXPENDITURES 1,500,000 0 1,500,000 1,500,000 0 0% 0 295 0 295 295 100% 750,000 430,896 480,000 910,896 160,896 0% 1,500 9,573 0 9,573 8,073 538% 75,000 0 75,000 75,000 0 0% 300,000 0 300,000 300,000 0 0% 2,250,000 0 2,250,000 2,250,000 0 0% (349,500) (355,063) (575,000) (930,063) (580,563) 166% 4,527,000 85,701 4,030,000 4,115,701 (411,299) -9% 21,333,750 11,766,951 7,941,500 19,708,451 (1,625,299) -8% 21,333,750 18,141,181 1,547,000 19,688,181 1,645,569 8% NET 0 (6,374,230) 6,394,500 20,270 20,270 0% .) �.( EXPENDITURES City Council (1050): Salaries and benefits Operations and materials City Manager (1100): Salaries and benefits Operations and materials City Clerk (1150): Salaries and benefits Operations and materials Admin. Services (1200): Salaries and benefits Operations and materials Capital equipment 4/14/2011 City of Beaumont General Fund Revenue and Expenditures March 31, 2011 Actual- Accrual Variance 9 Months Cash Basis Accruals Balance Favorable Percentage Budget 3/31/2011 3/31/2011 3/31/2011 (Unfavorable) Difference 53,250 51,454 0 51,454 1,796 3% 81,000 15,402 50,000 65,402 15,598 19% 134,250 66,856 50,000 116,856 17,394 13% 225,000 0 0 0 225,000 0% 19,500 132,277 0 132,277 (112,777) -578% 244,500 132,277 0 132,277 112,223 46% 1,500 1,298 0 1,298 202 13% 24,000 26,068 0 26,068 (2,068) -9% 25,500 27,366 0 27,366 (1,866) -7% Information Technology (1250): Salaries and benefits Operations and materials Capital equipment 206,250 176,914 25,000 201,914 4,336 2% 1,018,500 916,626 50,000 966,626 51,874 5% 304,500 310,320 0 310,320 (5,820) -2% 0 0 0 0 0 0% 1,323,000 1,226,946 50,000 1,276,946 46,054 3% 0 6,927 0 6,927 206,250 169,987 25,000 194,987 0 0 0 0 (6,927) -100% 11,263 5% 0 0% Legal /Claims Admin (1300): Salaries and benefits Operations and materials Community Dev. (1350): Salaries and benefits Operations and materials General Govt. (1450): Salaries and benefits Operations and materials Capital equipment 150,000 141,467 7,000 148,467 1,533 1% 150,000 299,098 (75,000) 224,098 (74,098) -49% 300,000 440,565 (68,000) 372,565 (72,565) -24% 620,250 234,580 10,000 244,580 375,670 61% 205,500 127,569 39,000 166,569 38,931 19% 825,750 362,149 49,000 411,149 414,601 50% 60,000 54,305 2,000 56,305 3,695 6% 187,500 149,647 0 149,647 37,853 20% 0 0 0 0 0 0% 247,500 203,952 2,000 205,952 41,548 17% Community Services (1550): Salaries and benefits Operations and materials Capital equipment CRC (1600): Salaries and benefits Operations and materials Animal Control (2000): Salaries and benefits Operations and materials Capital equipment Police (2050): Salaries and benefits Operations and materials Capital equipment Emergency Services (2080): Salaries and benefits Operations and materials 4/14/2011 City of Beaumont General Fund Revenue and Expenditures March 31, 2011 Actual- Accrual Variance 9 Months Cash Basis Accruals Balance Favorable Percentage Budget 3/31/2011 3/31/2011 3/31/2011 (Unfavorable) Difference 380,250 360,317 9,000 369,317 10,933 3% 151,500 78,416 30,000 108,416 43,084 28% 0 0 0 0 0 0% 531.750 438,733 39,000 477,733 54,017 10% 32,250 18,336 1,000 19,336 12,914 40% 89,250 120,619 0 120,619 (31,369) -35% 121,500 138,955 1,000 139,955 (18,455) -15% 196,500 110,634 5,000 115,634 80,866 41% 32,250 97,834 0 97,834 (65,584) -203% 0 0 0 0 0 0% 228,750 208,468 5,000 213,468 15,282 7% 7,414,500 6,071,292 325,000 6,396,292 1,018,208 14% 1,050,000 828,606 166,000 994,606 55,394 5% 0 68,742 0 68,742 (68,742) -100% 8,464,500 6,968,640 491,000 7,459,640 1,004,860 12% 84,000 94,509 2,000 96,509 (12,509) -15% 45,000 7,627 0 7,627 37,373 83% 129,000 102,136 2,000 104,136 24,864 19% Public Support Services (2090): Salaries and benefits Operations and materials Capital Equipment _ 1,327,500 1,149,687 100,000 1,249,687 77,813 6% 1,327,500 1,133,967 100,000 1,233,967 93,533 7% 0 15,720 0 15,720 (15,720) -100% 0 0 0 0 0 0% Fire (2100): Salaries and benefits Operations and materials Capital equipment Building Inspector (2150): Salaries and benefits Operations and materials Capital equipment 99,000 72,199 5,000 77,199 21,801 22% 1,447,500 924,632 450,000 1,374,632 72,868 5% 0 0 0 0 0 0% 1,546,500 996,831 455,000 1,451,831 94,669 6% 720,000 639,449 15,000 654,449 65,551 9% 258,000 77,001 40,000 117,001 140,999 55% 0 0 0 0 0 0% 978,000 716,450 55,000 771,450 206,550 21% 4/14/2011 City of Beaumont General Fund Revenue and Expenditures March 31, 2011 Street Lighting (3350) Salaries and benefits 66,000 Actual- 4,000 Accrual Variance Operations and materials 187,500 9 Months Cash Basis Accruals Balance Favorable Percentage 389,778 Budget 3/31/2011 3/31/2011 3/31/2011 (Unfavorable) Difference Public Works (3100): 0 Refuse (4500): 0 77,698 (77,698) -100% Salaries and benefits 0 0 0 0 0 0% Operations and materials 149,250 52,263 25,000 77,263 71,987 48% 149,250 52,263 25,000 77,263 71,987 48% Street Maintenance (3250): Salaries and benefits 231,000 160,056 15,000 175,056 55,944 24% Operations and materials 457,500 841,689 0 841,689 (384,189) -84% 688,500 1,001,745 15,000 1,016,745 (328,245) -48% Street Lighting (3350) Salaries and benefits 66,000 76,713 4,000 80,713 (14,713) -22% Operations and materials 187,500 313,065 0 313,065 (125,565) -67% 0 253,500 389,778 4,000 393,778 (140,278) -55% 1,796,936 82,564 4% -5% Capital expenditure 0 Refuse (4500): 0 77,698 (77,698) -100% Operations and materials 1,500,000 1,431,850 150,000 1,581,850 (81,850) -5% Parks (6050): Salaries and benefits Operations and materials Capital equipment Graffiti Removal (6060): Salaries and benefits Operations and materials Senior Center (6100): Salaries and benefits Operations and materials Capital equipment Pool (6150): Salaries and benefits Operations and materials Capital equipment TOTAL EXPENDITURES 1,034,250 898,970 40,000 938,970 95,280 9% 845,250 799,010 50,000 849,010 (3,760) 0% 0 8,956 0 8,956 (8,956) -100% 1,879,500 1,706,936 90,000 1,796,936 82,564 4% 81,000 78,572 4,000 82,572 (1,572) -2% 6,000 9,504 0 9,504 (3,504) -58% 87,000 88,076 4,000 92,076 (5,076) -6% 69,750 65,263 3,000 68,263 1,487 2% 14,250 11,859 0 11,859 2,391 17% 0 0 0 0 0 0% 84,000 77,122 3,000 80,122 3,878 5% 33,750 17,500 0 17,500 16,250 48% 24,000 18,986 0 18,986 5,014 21% 0 0 0 0 0 0% 57,750 36,486 0 36,486 21,264 37% 21,333,750 18,141,181 1,547,000 19,688,181 1,645,569 8% SUMMARY: Salaries and benefits 13,898,250 11,204,434 597,000 11,801,434 2,096,816 15% Operations and materials 7,435,500 6,859,049 950,000 7,809,049 (373,549) -5% Capital expenditure 0 77,698 0 77,698 (77,698) -100% 21,333,750 18,141,181 1,547,000 19,688,181 1,645,569 8% DATE: TO: FROM: SUBJECT: City of Beaumont 550 East 6th Street Beaumont, CA 92223 (951)769-8520 FAX (951) April 19, 2011 City Council 769 -8526 Alan Kapanicas, City Manager 2011 -12 Budget Schedule January 18, 2011 — Present census of currently budgeted employee positions compared to actual. Present listing of current City contracts. (COMPLETED) February 1, 2011 — Council requests to staff to review changes in employee positions and/or current City contracts. (NO CHANGE REQUESTS MADE BY COUNCIL) February 15, 2011 — Staff response to Council requests from February 1, 2011 meeting. (COUNCIL MEMBER REQUESTED ANOTHER CONTRACT DISCUSSION FOR MARCH 1) March 1, 2011 — Contract discussion per Council member request and Staff decision packages presented to Council and programs are prioritized. Council asked for their program additions, deletions or modifications. (COUNCIL REQUESTS INCLUDED IN MARCH 15 DISCUSSION) April 5, 2011 — Review of staff decision packages and Council requested programs. April 19, 2011 — Staff is in the process of preparing general/special /capital budgets. May 3, 2011 — Preliminary general, special and capital budgets presented to Council. May 17, 2011 — General, special and capital budgets are presented for Council approval. Public hearing is set for June 7, 2011. June 7, 2011 — Hold public hearing and adopt 2011 -12 general, special and capital budgets. June 21, 2011 — Final adopted budget document is presented to Council and available to the public via the City website. I3 1, ,� .C. / Ylou e nVite s.. Violunteer *Voluntee v hayday Ames � i 'Cease, join us for a VofunteerCekbration' ' When: Thursday - April21, 2011 Time: 11: 00am -1: 00pm o f' gea umowt i covtamkvL-�tu Services Dept. i Aso Dale vaLLCU PariewaU Where: AC6ertA. Chatigny Sr. geauvti.ovut, a,4_92223 Community Center 1310 OakValley Parkway Beaumont, CA 92223 i Yfosted By: City of Beaumont Please R.S.V.P. : 951 -769 -8539 ! i i Vbtunteeys!! i Everyday heroes. We hope you can attend i i Please join us for a C�Oe- recognizing all who have served our country and a special memorial honoring two fallen soldiers from our cities of Banning and Beaumont. 1st Lt. Joshua M. Palmer United States Marine Corps Spc. Michael Dahl, Jr, N United States Army Thursday, May 26, 2011 11:00 am Highland Springs Medical Plaza 81 S. Highland Springs Avenue Beaumont, CA 92223 Z- A ► � Ak J I mere' your CAiamCe to: r & a QNQQN or a jA#fjNCQSS / / / V Ride im Parades V get imvoeved im your cominjamit y V Garm Colmomsomity service Aotirs 1► Be a part of solmetAimg that #may Aeep yow earn SC40earsAi p `homey For coeeage!!! `m moot w6ide in J3eaumant o,% 6e mwted in the 3eauma.nt Sc&d DbMid -7z Ww*8 2011 }t oste l'B y: T*'h& C ity of 1 st M eP,t'urW. Mondzy, -4przZ 04, 201.7 530 PAf & Me AM 4-tA Charz#ny Sr. C 13,10 OaklVa xy Parkway CA 92223 .i. IN °•. � ,� off• •` •s c�auntonfCh�7rif�z,blc III £3 � , C Wpm WON- rmarti Benefiting the founda�fian �/ ` ' ' ►1 \� Start at 550 E. 6th St \\ Beaumont CA Pre - Register by 5/13/2011 Registration begins 6:30 a.m. day of rac AftW0 a T- shirts provided to all runners Top 3 finishers men's and women's overall 5k and 10k S"rswoo Pre - registered runners: $20/5k - $25/10k Race day registration: $30/5k - $35/10k Senior citizens and children under 12yrs: $15/5k - $20/10k .group Rate (new for 2011): $60 for a group of 4 (pre M6t mtkm ONLY) 06 Each additional adult: $15 - savings of $5 Each additional child: $10 - savings of $5 r. ° !t • •. 000- 0 For more information or to register contact us at: (951) 769 -8520 or breezinthroughbeaumont @ci.beaumont.ca.us o. \1 - C. N N O MMONA ------------------------------------------------------------------------------------------------------------------- PRE -PAID ENTRY OF $25.00 MUST BE RECEIVED NO LATER THAN MAY 25,2011 - $30.00 DAY OF EVENT PLEASE PRINT OR TYPE: This form must be COMPLETELY filled out, and accompanied by check in order to be accepted. Detach form at dotted line and return to address shown below Stewart Park Owner's Name Phone ( 1 - Street Address. State Email Address Make City Zip Fax # Cell # Model Year I agree to hereby hold harmless the Cherry Fesl Car and Motorcycle Show and/or Kiwanis Club of Beaumont, City of Beaumont its volunteers and participants of the Cherry Fest Car and Motorcycle Show from any claims. damage, injury or loss regarding the event. By signing below. I hereby agree to take full responsibility for myself, my vehicle and my actions and 1 do not hold anyone helping with the show from and against all Liability of loss that participant and / or participants guest, including but not limited to family and relatives, may sustain or incur as a result of claims, demands or judgment arising from the participants involvement in the Cherry Fest Car and Motorcycle Show. Vehicle owners' personal insurance will cover vehicle and personal property before, during and after the event, Signature Check # Amount $ Make checks payable to Beaumont Kiwanis and mail to: Beaumont Kiwanis Additional T- Shirts $12 S -XL $15 XXL -XXXL Attn. Buzz Dopf Quantity of Shirts Desired: 10486 Winesap Avenue S M L XL XXL XXXL Cherry Valley, Ca 92223 9th & Orange Beaumont, California Pre -paid entry $25.00 (includes t- shirts and lunch) Day of the Event: $30.00 n City of Beaumont Community Services Department "...cherish tenderly the memories of our heroic dead who made their breasts a barricade between our country and its foes". Major General John A. Logan United States Army May 30th, 1868 J^ l The City of Beaumont will honor and pay tribute to those service members we have lost on the battle field and at home. All public is welcome to join and observe the ceremony being held at the Beaumont Civic Center at 550 E. 6th Street on Monday, May 3 0th at 11 am. Do you have a loved one who served and has passed on? You can honor them by placing their name on the Veteran Memorial at the Civic Center. It is required that they lived in either Beaumont or Cherry Valley at the time of service or the time of death. You can find an application at the Albert A. Chatigny Sr. Community Recreation Center or download one from the Beaumont City Website - www.ci.beaumont.ca.us (Application due no later than May 6th) Must show proof of death MEMOR121 1, DAY MAY 30T , *? 1 1 11:00Al Minutes Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority 550 E. 6th Street, Beaumont, California City Council Workshop (4:00 p.m.) Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Tuesday, April 5, 2011 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's office at 550 E. 6`h Street during normal business hours" REGULAR SESSION Called to Order at 6:00 p.m. Roll Call: Mayor De Forge, Council Member Castaldo, Council Member Fox and Council Member Gall were present. Mayor Pro Tern Berg was excused. Invocation: Father Joseph - Blessed Katari Pledge of Allegiance: Girl Scouts Presentation: Recognition - Anita Worthen, Women of the Year Adjustments to Agenda: None Oral and Written Communications: Michelle and Amanda Henley - Wrestling request for donation Nancy Hall - Contracts Judy Bingham - Contracts Michelle Mendez - Parent Project 1. COUNCIL REPORTS (This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel) a) Mayor De Forge - Parent Project, Anita Worthens Award Ceremony, Ribbon Cutting for Music Lab, San Timoteo School House opening, Highland Springs Task Force, Welcome Home Vietnam Veterans, Redlands Bike Race, Mayor Race in Redlands, b) Mayor Pro Tern Berg - Absent c) Council Member Castaldo - San Timoteo School House Opening, Interact Block Party St Patrick's Day, Yucaipa CERT Training, Interact Speech Contest, Gonsalvez Appreciation Dinner, Bike Race Breakfast, d) Council Member Fox - Redlands Bike Classic - Beaumont Circuit e) Council Member Gall - San Timoteo School House Opening, Just became aware of paying the City bill online and is pleased with that 2. CITY MANAGER REPORTS (City of Beaumont core Values: Treat everyone right; keep a customer service focus; Effective communication; Present opportunity; Operate like a great business; Eliminate bureaucratic solutions; Embrace positive change) a. Beaumont Charitable Foundation (made up of donations from citizens, employees and contractors) 1) "Boys in Blue" MDA Event Update ($1,500 raised) b. Community Information and Local Project Update 1) Financial Updates 2) Beaumont Redevelopment Agency 3) Sustainability a) Summer Concerts in the Park b) Economic Stimulus Update C) Animal Care Low Cost Shot Clinic Update d) Request Partner Update e) Southern California Edison Gold Level Achievement f) Redlands Bike Classic — Beaumont Circuit Update 4) Public Works Update 1) Median Markings 2) Brookside Avenue improved adjacent to the Sports Park 3) Cherry Valley Blvd and 1 -10 Interchange improvements 4) 1 -10 and Oak Valley Parkway Stop Sign Update C. Calendar of Events 1) April 1, 2011 — Redland Bike Classic — Beaumont Circuit 2) April 6, 2011 — Beaumont Cares Awareness Team Meeting 3) April 7, 2011 —World Health Day 4) April 8, 2011 — Chamber of Commerce Good Morning Beaumont Breakfast 5) April 9, 2011 — Mardi Gras Event (MDA Fundraiser) 6) April 9, 2011 — Law Enforcement Torch Run 7) April 12, 2011 — Beaumont Planning Commission Meeting 8) April 16 & 17, 2011 — Baker to Vegas (MDA Police Run) 9) April 16, 2011 — BCVPR Fishing Derby at the BCVW District Ponds 10) April 21, 2011 — Volunteer Celebration — 11 am to 1 pm Beaumont CRC 11) April 30, 2011 — BCVPR District — Home Run Derby (MDA Fundraiser) 12) May 5, 2011 — Charity Basketball Tournament (MDA Fundraiser) 13) May 14th & 15th, 2011 — Relay For Life — Sports Park 14) May 18, 2011 —"Run for the Wall" 15) May 21, 2011 — Miss Beaumont Queens Pageant 16) May 28, 2011 — Breezin' Through Beaumont/Cherry Festival Car Show 17) May 30, 2011 — Memorial Day Ceremony — Beaumont Civic Center 11 am 18) June 2, 3, 4 & 5, 2011 — Cherry Festival 19) June 10, 2011 — Beaumont Municipal Pool opens for the summer 20) July 4, 2011 — Independence Day Celebration 21) 1 st Wednesday of each Month — Beaumont Care Awareness Team 22) Second and Third Wednesday of Each Month — Story Time Cafe d. Rumor Control, and Report on Oral and Written Communications 1) Candidates Packet Supplied since 1995 — To be updated at the April 19, 2011 meeting 3. CONSENT CALENDAR (This portion of the Agenda is for items that do not require a Public Hearing or discussion.) a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary b. Approval of the Minutes of the City Council Meeting March 15, 2011 C. Approval of the Warrant List for April 5, 201. d. Approval of the purchase and installation of a safety guard rail on Elm Avenue North of California Avenue e. Approval of Change Order for Street Repair Work at Oak Valley Parkway and Interstate 10. f. Award of Agreement and Task Order for Erosion Control repair on Oak Valley Parkway. g. Adoption of Resolution No. 2011 -07 — A Resolution of the City Council of the City of Beaumont Pertaining to Any Consideration for the Pass and Redistricting Recommendation: Approval of the Consent Calendar as presented. Council Member Gall requested that Item 3.g be pulled for further discussion. Item 3.g will be heard as item 41. Motion Council Member Fox, Seconded by Castaldo to approve the remainder of the Consent Calendar as presented. Vote: 4/0 4. ACTION ITEMS /PUBLIC HEARING /REQUESTS (This portion of the Agenda is for items that require a Public Hearing, discussion, and /or Council direction.) a. Ordinance No. 994 - An Ordinance of the City Council of the City of Beaumont, California Adding Section 8.12.023 of the Municipal Code RE: "Unauthorized Disposal - Prohibited" Recommendation: Hold a Public Hearing and approve the 1 st reading of Ordinance No. 994 as presented. Staff Report given by Dave Wysocki, Assistant City Attorney Open Public Hearing 7:11 p.m. No Speakers Closed Public Hearing 7:12 p.m. Motion by Council Member Fox, Seconded by Council Member Castaldo to approve the 1st reading of Ordinance No. 994. Vote: 4/0 b. Ordinance No. 995 - An Ordinance of the City Council of the City of Beaumont, California Amending Section 1.16.030 of Chapter 1.16 of the Beaumont Municipal Code Entitled "Violation- Infraction - Penalty" Recommendation: Hold a Public Hearing and approve the 1st reading of Ordinance No. 995 as presented. Staff report was given by Dave Wysocki, Assistant City Attorney Open Public Hearing 7:13 p.m. No Speakers Close Public Hearing 7:14 p.m. Motion by Council Member Castaldo, Seconded by Council Member Gall to approve the 1st reading of Ordinance No. 995 as presented. Vote 4/0 c. Street Vacation 10 -SV-01 -a request for the vacation of a portion of Edgar Avenue (located between Interstate 10 and Fifth Street) and Magnolia Avenue (located between Interstate 10 and Fourth Street). Applicant: City of Beaumont and Harvey Marcell Recommendation: Hold a Public hearing and Approve Street Vacation 10- SV -01. Staff report was given by Rebecca Deming, Assistant Planning Director. Open Public Hearing 7:15 p.m. No Speakers Closed Public Hearing 7:16 p.m. Motion by Council Member Castaldo, Seconded by Council Member Fox to approve as presented. Vote: 4/0 d. City's Facade Improvement Program - Site Improvements at the Lil Luau /Celebrity Carpets Commercial Center located at 385 E. 6th Street. Applicant: Randy Reynolds Recommendation: City Council provide direction to staff relative to the applicant's request. Staff report was given by Chris Tracy, Staff Planner Motion by Council Member Gall, Seconded by Council Member Fox to approve Option A -For the sign tower, the property owner would dedicate an easement to the City under which the City would build the tower as part of a separate site improvement program and Option B - The tower would be constructed by the applicant under this facade improvement application, but the applicant would be seeking additional funds beyond the $50,000 maximum. Vote: 4/0 e. SCAG Annual Conference Recommendation: Appoint one (1) full conference Council Member to attend the conference Appoint Council Member Gall as the Delegate and Council Member Castaldo as the Alternate. f. Resolution No. 2011 -07 - A Resolution of the City Council of theCity of Beaumont Pertaining to Any Consideration for the Pass and Redistricting. Staff report was given by Alan Kapanicas, City Manager Motion by Council Member Fox, Seconded by Council Member Gall to adopt Resolution No. 2011 -07 as presented. Vote: 4/0 5. WORKSHOP a. Budget 1) Decision Packages a) Review b) Prioritize Council Member Fox left at 7:45 p.m. Adjournment of the City Council Meeting at 8:17 p.m. Respect y bmitted, Alan Kapan' as %City Manager AGENDA ITEM NO. - v WARRANT LIST CITY COUNCIL MEETING April 19, 2011 074425- 074557 Checks $961,355.59 EFT 545 -550 ACH $317,306.99 EFT 313 -323 Credit Card $4,067.28 Voids 074489 Payroll PPE 03/31/11 $ 421,299.04 Mutual of Omaha PPE 03/17/11 $ 36,503.57 PPE 03/17/11 $ 376.76 Cal PERS PPE 03/17/11 $ 107,259.08 I DO HEREBY CERTIFY THIS WARRANT LIST HAS BEEN COMPILED AND PREPARED TO MEET THE DAILY OPERATIONS FOR THE FISCAL YEAR JULY 1, 2010 TO JUNE 30, 2011. SIGNATURE: W TITLE: e"CC ,o1 f c �"° City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 074425 04/01/2011 GREENFEAT 4,525.00 SERVICES 074426 04/01/2011 KAD PAVING COMPANY 4,336.00 SERVICES 074427 04/01/2011 ACCESS 2 SAVINGS 227.93 SUPPLIES 074428 04/01/2011 APPLIANCE SERVICE & PARTS 99.00 SERVICE 074429 04/01/2011 ARROWHEAD 23.91 WATER SERVICE 074430 04/01/2011 BDL ALARMS 500.00 ALARM SERVICE 074431 04/01/2011 BEAUMONT- CHERRY VALLEY W, 3,639.32 UTILITIES 074432 04/01/2011 BEAUMONT LAWNMOWER 89.16 SERVICE 074433 04/01/2011 BEAUMONT MOTORCYCLES, LL( 543.33 VEHICLE MAINTENANCE 074434 04/01/2011 BEAUMONT POLICE OFFICERS P 1,950.00 DUES 074435 04/01/2011 C & A JANITORIAL SERVICES 4,500.20 JANITORIAL SERVICE 074436 04/01/2011 CALBO 215.00 DUES 074437 04/01/2011 CDW GOVERNMENT, INC. 109.26 SUPPLIES 074438 04/01/2011 CINTAS CORPORATION #150 1,969.61 UNIFORMS 074439 04/01/2011 CITY OF RIVERSIDE 40.00 DINNER 074440 04/01/2011 CUSTOM TROPHIES 27.19 NAME PLATE 074441 04/01/2011 DANIELS TIRE SERVICE 610.44 TIRE SERVICE 074442 04/01/2011 DEPARTMENT OF JUSTICE 245.00 SERVICES 074443 04/01/2011 CHAD DEVLIN 988.81 EQUIPMENT REFUND 074444 04/01/2011 DINERS CLUB 4,738.86 CREDIT CARD 074445 04/01/2011 FUN JUMP 1,400.00 JUMPERS 074446 04/01/2011 GENERAL GOVERNMENT 6,734.44 SERVICES 074447 04/01/2011 HEARD'S INVESTIGATIONS 150.00 SERVICES 074448 04/01/2011 EDUARDO HERNANDEZ 2,198.74 OVER PMT SEWER FEE 074449 04/01/2011 HOME DEPOT /CREDIT SERVICE; 1,127.89 RENTAL FEE 074450 04/01/2011 HUNTINGTON COURT REPORTEI 1,289.00 SERVICES 074451 04/01/2011 INNOVA DISC GOLF 550.00 SUPPLIES 074452 04/01/2011 INDIO POLICE OFFICER'S ASSO( 500.00 DINNER TICKETS 074453 04/01/2011 ISMAEL PEREZ 10,800.00 SERVICES 074454 04/01/2011 JP STRIPING 1,800.00 SERVICES 074455 04/01/2011 LEE'S AUTO BODY 539.88 SERVICES 074456 04/01/2011 LEXISNEXIS 296.00 SERVICES 074457 04/01/2011 MATTHEW PISTILLI 5,370.00 SERVICES 074458 04/01/2011 MC TRUCKING 251.75 SERVICES 074459 04/01/2011 NAPA AUTO PARTS 203.12 SUPPLIES 074460 04/01/2011 NATIONAL CONSTRUCTION REN 220.00 RENTAL Printed 04/08/2011 2:17:46PM Page 1 of 4 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 074461 04/01/2011 PRE -PAID LEGAL 889.08 LEGAL SEVICE 074462 04/01/2011 PRO -PIPE & SUPPLY 317.20 SUPPLIES 074463 04/01/2011 PROFORMA 299.93 SUPPLIES 074464 04/01/2011 PROFESSIONAL CONSTRUCTIOP 402.00 SERVICES 074465 04/01/2011 QUILL CORPORATON 1,151.25 SUPPLIES 074466 04/01/2011 RCLEAA 400.00 DUES 074467 04/01/2011 RIVERSIDE COUNTY RECORDEF 2,108.00 DETERMINATION FEE 074468 04/01/2011 RIVERSIDE COUNTY SHERIFF'S 1,250.58 SERVICES 074469 04/01/2011 S.A MOBIL CARWASH AND DETA 928.00 SERVICES 074470 04/01/2011 SGP DESIGN AND PRINT 108.00 SUPPLIES 074471 04/01/2011 SIMPLOT PARTNERS 1,361.90 SUPPLIES 074472 04/01/2011 SOUTHERN CALIF.EDISON 33,459.67 UTILITIES 074473 04/01/2011 SPRINT 18.05 PHONE 074474 04/01/2011 STAPLES CREDIT PLAN 60.87 SUPPLIES 074475 04/01/2011 STATEWIDE TOWING 888.00 SERVICES 074476 04/01/2011 THE GAS COMPANY 678.78 UTILITIES 074477 04/01/2011 THE RECORD GAZETTE 297.64 ADVERTISING 074478 04/01/2011 TURF STAR, INC. 588.54 SUPPLIES 074479 04/01/2011 UNITED WAY OF THE 81.00 DONATION 074480 04/01/2011 WASH MASTER 448.00 SERVICES 074481 04/01/2011 WELLS FARGO 455.78 REFUND OVER PMT 074482 04/01/2011 WEST COAST LANGYARDS INC. 109.08 SUPPLIES 074483 04/01/2011 WILDERMUTH ENVIRONMENTAL 73,038.12 SERVICES 074484 04/01/2011 DEREK A WILLIAMS 562.50 SERVICES 074485 04/01/2011 SEW 1,224.00 DUES 074486 04/01/2011 TASO TECH, INC 3,360.00 SERVICES 074487 04/01/2011 LET'S HAVE A PARTY 518.13 SUPPLIES 074488 04/08/2011 ROD TANKERSON 300.00 MARDI -GRAS ENTERTAINMENT 074490 04/08/2011 THE M & M GROUP 45,000.00 SUMMER CONCERT 074491 04/08/2011 REBECCA DEMING 2,254.06 SERVICES CASH OUT 074492 04/08/2011 SABAN HARDESTY 5,836.37 CASH OUT 074493 04/08/2011 SPECIAL OLYMPICS SOUTHERN 1,000.00 DONATION 074494 04/08/2011 SAN BERNARDINO COUNTY SHE 200.00 TRAINING 074495 04/08/2011 ADVANCED WORKPLACE STRAT 264.00 SERVICES 074496 04/08/2011 AIREZE 154.00 SERVICES & SUPPLIES 074497 04/08/2011 AISG, ISO SERVICES, INC 200.00 SERVICES 074498 04/08/2011 AMERICAN FORENSIC NURSES 48.00 SERVICES Printed 04/08/2011 2:17:46PM Page 2 of 4 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 074499 04/08/2011 APEX URGENT CARE 90.00 SERVICES 074500 04108/2011 ARROWHEAD 139.85 SUPPLIES 074501 04/08/2011 BARCLAYS CAPITAL 2,732.36 SERVICE 074502 04/08/2011 BARNES DISTRIBUTION 183.54 SUPPLIES 074503 04/08/2011 BDL ALARMS 451.00 ALARM SERVICE 074504 04/08/2011 BEAUMONT POLICE OFFICERS P 2,000.00 DUES 074505 04/08/2011 CGLIC - CHATTANOOGA EASC 99,498.77 HEALTH INSURANCE 074506 04/08/2011 CINTAS CORPORATION #150 56.90 UNIFORM 074507 04/08/2011 CITY OF BANNING 96.20 UTILITIES 074508 04/08/2011 CREATIVE BUS SALES, INC 1,748.26 VEHICLE MAINTENANCE 074509 04/08/2011 CSG SYSTEMS 8,033.69 BILLING INSERTS 074510 04/08/2011 DC FROST ASSOCIATES, INC 5,519.77 SERVICES 074511 04/08/2011 THE DENOMINATOR CO, INC 813.16 SUPPLIES 074512 04/08/2011 DEPARTMENT OF JUSTICE 105.00 SERVICES 074513 04/08/2011 DIVERSIFIED MECHANICAL 35.00 VEHICLE MAINTENANCE 074514 04/08/2011 E.S.BABCOCK & SONS, INC. 9,473.00 SERVICES 074515 04/08/2011 EJM DIGITAL LLC 100.00 TRAINING 074516 04/08/2011 FLEET REFINISHING 2,831.50 VEHICLE MAINTENANCE 074517 04/08/2011 FOX OCCUPATIONAL 25.00 SERVICES 074518 04/08/2011 GALLS 405.90 SUPPLIES 074519 04/08/2011 GENERAL GOVERNMENT 3,951.00 SERVICES 074520 04/08/2011 JOE A.GONSALVES & SON 3,000.00 SERVICES 074521 04/08/2011 JP STRIPING 600.00 SERVICES 074522 04/08/2011 KAISER FOUNDATION 31,248.19 INSURANCE 074523 04/08/2011 KEEP IT GREEN 150.00 SERVICES 074524 04/08/2011 LEE'S AUTO BODY 189.20 SERVICES 074525 04/08/2011 DON MESSLER 1,300.00 SPONSORSHIP 074526 04/08/2011 MORONGO GOLF CLUB AT TUKV 1,650.00 MEETING 074527 04/08/2011 MOSS,LEVY & HARTZHEIM 3,000.00 SERVICES 074528 04/08/2011 MUTUAL OF OMAHA 605.00 SERVICES 074529 04/08/2011 NAPA AUTO PARTS 3,879.98 VEHICLE MAINTENANCE 074530 04/08/2011 NEPTUNE CHEMICAL PUMP CO 3,096.41 SUPPLIES 074531 04/08/2011 ORIENTAL TRADING CO.,INC. 293.54 SUPPLIES 074532 04/08/2011 DIANA ORTIZ 40.00 REFUND 074533 04/08/2011 PACIFIC ALARM SERVICE 205.50 ALARM SERVICES 074534 04/08/2011 PEAK EXPECTATIONS 380.00 SUPPLIES 074535 04/08/2011 POLYDYNE, INC. 2,300.00 SERVICES Printed 04/08/2011 2:17:46PM Page 3 of 4 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 074536 04/08/2011 POMA AUTOMOTIVE FUELING IN 4,594.90 FUEL 074537 04/08/2011 PRUDENTIAL OVERALL SUPPLY 244.12 UNIFORMA 074538 04/08/2011 QUILL CORPORATON 41.49 SUPPLIES 074539 04/08/2011 REDLANDS FORD 304.82 VEHICLE MAINTENANCE 074540 04/08/2011 RIVERSIDE COUNTY SHERIFF'S 57.00 TRAINING 074541 04/08/2011 RIVERSIDE COUNTY TAX COLLE 1,697.72 PROPERTY TAX 074542 04/08/2011 RODRIGO PENA PHOTOGRAPHY 1,998.36 SERVICES 074543 04/08/2011 SAN BERNARDINO COUNTY SHE 150.00 TRAINING 074544 04/08/2011 SANTOSH SINGH 45.00 REFUND 074545 04/08/2011 SPRINT 1,661.60 PHONE 074546 04/08/2011 TERMINIX COMMERCIAL P 45.00 SERVICES 074547 04/08/2011 THE RECORD GAZETTE 55.83 ADVERTISING 074548 04/08/2011 TLMA ADMINISTRATION 209.46 SERVICES 074549 04/08/2011 UNITED WAY OF THE 81.00 EMP. DONATION 074550 04/08/2011 UTILITY PARTNERS 59,836.00 SERVICES 074551 04/08/2011 VERIZON CALIFORNIA 315.97 PHONE 074552 04/08/2011 VOYAGER 25,199.41 FUEL 074553 04/08/2011 CIVICPLUS 220.50 MONTHLY FEE 074554 04/08/2011 DIAMOND HILLS AUTO GROUP 27.70 SERVICES 074555 04/08/2011 MOTOROLA 427,725.62 SERVICES 074556 04/08/2011 SHRED -IT 187.00 SERVICES 074557 04/08/2011 TASO TECH, INC 3,360.00 SERVICES 961,355.59 Printed 04/08/2011 2:17:46PM Page 4 of 4 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: EFT000545 03/31/2011 JAMES NEHMENS 2,500.00 SERVICES EFT000546 03/31/2011 R.MOODY CONSTRUCTION, INC. 26,296.31 SERVICES EFT000547 04/07/2011 AKLUFI AND WYSOCKI 20,160.00 SERVICES EFT000548 04/07/2011 BEAUMONT ELECTRIC INC. 6,746.68 SERVICES & SUPPLIES EFT000549 04/07/2011 STEVE MOORE COMMUNICATIOI 1,750.00 SERVICES EFT000550 04/07/2011 URBAN LOGIC CONSULTANTS 259,854.00 SERVICES 317,306.99 Printed 04/08/2011 2:16:54PM Page 1 of 1 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: EFT000000O00313 03/31/2011 BEAUMONT TIRE 158.00 VEHICLE MAINTENANCE EFT000000O00314 03/31/2011 BEAUMONT ACE HOME CENTER 74.70 MAINTENANCE SUPPLIES EFT000000O00315 03/31/2011 BEAUMONT SAFE & LOCK 2.18 LOCKSMITH EFT000000O00316 03/31/2011 CHERRY VALLEY AUTOMATIVE 1,856.08 VEHICLE MAINTENANCE EFT000000O00317 04/08/2011 A -Z BUS SALES,INC. 180.29 VEHICLE MAINTENANCE EFT000000000318 04/08/2011 ACE ALTERNATORS 385.95 SUPPLIES EFT000000000319 04/08/2011 ALL PURPOSE RENTALS 648.88 RENTAL EFT000000O00320 04/08/2011 BEAUMONT TIRE 20.00 VEHICLE MAINTENANCE EFT000000O00321 04/08/2011 BEAUMONT ACE HOME CENTER 283.75 SUPPLIES EFT000000O00322 04/08/2011 CHERRY VALLEY AUTOMATIVE 39.95 VEHICLE MAINTENANCE EFT000000O00323 04/08/2011 GORM, INC. 417.50 SUPPLIES 4,067.28 Printed 04/08/2011 2:33:01PM Page 1 of 1 SJ STAFF REPORT TO: CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: AMENDING THE GENERAL PENALTY PROVISION OF THE BEAUMONT MUNICIPAL CODE `� DATED: APRIL; 2011 Background Historically, the Beaumont Municipal Code specified a code violation as a misdemeanor. More recently, as new ordinances are enacted, the penalty provision for the new ordinances specified an infraction in addition to a misdemeanor. As the result of changes in State law, our penalty provisions need further revision in order to take into account the distinction between building and non - building code violations. Recommendation Adoption of Ordinance No. 995 amending Section 1. 16.030 of the Beaumont Municipal Code for the purpose of establishing a general, all- purpose penalty provision that provides the Enforcement Officer with the flexibility to cite administratively, or as an infraction, or misdemeanor, in his/her discretion. tV j Updated 11/09 Chapter 1.16 GENERAL PENALTY Sections: 1.16.010 Violation- Misdemeanor -When. 1.16.020 Violation- Misdemeanor - Penalty. 1.16.030 Violation- Infraction - Penalty. 1.16.040 Separate Offense. 1.16.050 Administrative Fines and Penalties 1.16.050.1 Authorization to Fine. 1.16.050.2 Notice to Remedy /Abate and Penalty. 1.16.050.3 Method of Service of Notices and Orders 1.16.050.4 Amount of Administrative Fine and Penalty 1.16.050.5 Administrative Appeal 1.16.010 -- 1.16.050 1.16.010 Violation - Misdemeanor -When. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the City, shall be guilty of a misdemeanor, unless the violation is made an infraction by ordinance. (Ord. No. 828, § I, 4 -2 -02) 1.16.020 Violation- Misdemeanor - Penalty. Except in cases where a different punishment is prescribed by any ordinance of the City any person convicted of a misdemeanor for violation of an ordinance of the City is punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment not to exceed six months or by both such fine and imprisonment. (Ord. No. 828, § 1, 4 -2 -02) 1.16.030 Violation— Infraction — Penalty Except in cases where a different punishment is prescribed by any ordinance of the City, any person convicted of an infraction for violating an Ordinance of the City, is punishable by: (Ord. No. 933, 4 -1 -08) A. A fine not exceeding $100.00 for a first violation; B. A fine not exceeding $500.00 for a second violation of the same Ordinance within one year; C. A fine not exceeding $1,000.00 for each additional violation of the same Ordinance within one year." 1.16.040 Separate Offense. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the City is committed, continued or permitted by any such person, and he shall be punishable accordingly. (Ord. No. 828, § 1, 4 -2 -02) 1.16.050 Administrative Fines and Penalties. Any violation of any City ordinance shall, in addition to any criminal penalties, be subject to an administrative fine or penalty. The administrative procedures that shall govern the imposition, enforcement, collection and administrative review of administrative fines or penalties are j as follows: (Ord. 828, 4.2.02) BMC Title l: 8 a ORDINANCE NO. 995 t AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 1.16.030 OF CHAPTER 1.16 OF THE BEAUMONT MUNICIPAL CODE ENTITLED "VIOLATION — INFRACTION— PENALTY" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 1.16.030 of Chapter 1.16 of the Beaumont Municipal Code, entitled "Violation— Infraction — Penalty" is hereby amended in its entirety to read as follows: "Section 1.16.030 Violation— Infraction — Administrative Fine — Penalty A. Except as provided in subsection B below and in cases where a different punishment is prescribed by any Ordinance of the City, any person subject to code enforcement by administrative citation or convicted of an infraction for violating an Ordinance of the City, is punishable by: i. A fine not exceeding $100.00 for a first violation; ii. A fine not exceeding $200.00 for a second violation of the same Ordinance within one year; iii. A fine not exceeding $500.00 for each additional violation of the same Ordinance within one year of the first violation. The fourth violation and every violation of the same Ordinance within one year may thereafter be charged as a misdemeanor. B. Notwithstanding any other provision of law, a violation of a City building and safety code provision is punishable by: A fine not exceeding $100.00 for a first violation; ii. A fine not exceeding $500.00 for a second violation of the same provision within one year; iii. A fine not exceeding $1,000.00 for each additional violation of the same provision within one year of the first violation." The fourth violation and every violation of the same Ordinance within one year may thereafter be charged as a misdemeanor. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Deputy City Clerk LIZZ day of , 2011, by day of , 2011, upon second BRIAN DE FORGE, Mayor CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. duly introduced at a regular meeting of the City Council of the City of Beaumont held on , 2011, and was duly adopted upon a second reading on , 2011, by the roll call votes indicated therein. CITY OF BEAUMONT (SEAL) Deputy City Clerk Chapter 1.16 GENERAL PENALTY Sections: 1.16.010 Violation- Misdemeanor -When. 1.16.020 Violation- Misdemeanor - Penalty. 1.16.030 Violation- Infraction - Penalty. 1.16.040 Separate Offense. 1.16.010 Violation - Misdemeanor -When. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the City, shall be guilty of a misdemeanor, unless the violation is made an infraction by ordinance. (Ord. No. 828, § I, 4 -2 -02) 1.16.020 Violation- Misdemeanor - Penalty. Except in cases where a different punishment is prescribed by any ordinance of the City any person convicted of a misdemeanor for violation of an ordinance of the City is punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment not to exceed six months or by both such fine and imprisonment. (Ord. No. 828, § 1, 4 -2 -02) 1.16.030 Violation — Infraction— Administrative Fine — Penalty. A. Except as provided in subsection B below and in cases where a different punishment is prescribed by any Ordinance of the City, any person subject to code enforcement by administrative citation or convicted of an infraction for violating an Ordinance of the City, is punishable by: A fine not exceeding $100.00 for a first violation; ii. A fine not exceeding $200.00 for a second violation of the same Ordinance within one year; iii. A fine not exceeding $500.00 for each additional violation of the same Ordinance within one year of the first violation. The fourth violation and every violation of the same Ordinance within one year may thereafter be charged as a misdemeanor. B. Notwithstanding any other provision of law, a violation of a City building and safety code provision is punishable by: A fine not exceeding $100.00 for a first violation; ii. A fine not exceeding $500.00 for a second violation of the same provision within one year; iii. A fine not exceeding $1,000.00 for each additional violation of the same provision within one year of the first violation. The fourth violation and every violation of the same Ordinance within one year may thereafter be charged as a misdemeanor. 1.16.040 Separate Offense. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the City is committed, continued or permitted by any such person, and he shall be punishable accordingly. (Ord. No. 828, § 1, 4 -2 -02) CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, April 5, 2011 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): ORDINANCE NO. 995 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 1.16.030 OF CHAPTER 1.16 OF THE BEAUMONT MUNICIPAL CODE ENTITLED "VIOLATION—INFRACTION- PENALTY" Date: March 21, 2011 -ss- Shelby Hanvey Deputy City Clerk Publish one time only in the Record Gazette on March 25, 2011 City or Beaumont • 550 E. 6th Street • Beaumont • CA • 92223 • (951) 769 -8520 -3-� STAFF REPORT TO: CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: AMENDING CHAPTER 8.12 OF THE BEAUMONT MUNICIPAL CODE TO ADD SECTION 8.12.023 1k DATED: APRIL'", 211 Background In 2007, the City Council enacted Ordinance No. 921, which substantially re -wrote Chapter 8.12 entitled "Mandatory Solid Waste Collection and Disposal." Recently, Code Enforcement noted that there is a reference to "Section 8.12.023" in Section 8.12.025. A reading of Chapter 8.12 of the Beaumont Municipal Code reveals that there is no Section 8.12.023. After some research, it was determine that Section 8.12.023, which prohibited unauthorized disposal of solid waste, was inadvertently left out of the re -write of Chapter 8.12. Therefore, it is the purpose of Ordinance No. 994 to restore Section 8.12.023. Recommendation Staff recommends that Ordinance No. 994, which adds Section 8.12.023 to Chapter 8.12 be adopted. �c� ORDINANCE NO. 994 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING SECTION 8.12.023 OF THE BEAUMONT MUNICIPAL CODE RE: "UNAUTHORIZED DISPOSAL — PROHIBITED" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 8.12.023 of Chapter 8.12 of the Beaumont Municipal Code, entitled "Unauthorized Disposal— Prohibited" is hereby added to read as follows: "Section 8.12.023 Unauthorized Disposal—Prohibited No person shall deposit any debris, trash, or other personal property upon any other person's property or in any other person's trash bin or can without that person's permission. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: I: ATTEST: Deputy City Clerk day of , 2011, by day of , 2011, upon second Brian DeForge, Mayor CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 995 duly introduced at a regular meeting of the City Council of the City of Beaumont held on ' 2011, and was duly adopted upon a second reading on , 2011, by the roll call votes indicated therein. CITY OF BEAUMONT L'Im (SEAL) Deputy City Clerk CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, April 5, 2011 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 994: An Ordinance of the City Council of the City of Beaumont, California Adding Section 8.12.023 of the Beaumont Municipal Code RE: "Unauthorized Disposal — Prohibited" Date: March 21, 2011 -ss- Shelby Hanvey Deputy City Clerk Publish one time only in the Record Gazette on March 25, 2011 City of Beaumont - 550 E. 6th Street • Beaumont • CA • 92223 - (951) 769 -8520 STAFF REPORT Agenda Item 3 • - ' TO: Mayor and Council Members FROM: City Manager DATE: April 19, 2011 SUBJECT: Approve Plans and Specifications and Authorize Public Bids for Brookside Avenue Improvements Background and Analysis: The City and Beaumont Unified School District have been working to jointly fund and construct street improvements to serve Beaumont High School and the high school expansion project which includes a new sports complex and administrative offices. The improvements will include a new bridge crossing of Noble Creek, a new bus turnout for public transit and widening of the road to include part -width street improvements adjacent to the high school, sports complex and administrative offices. The City and District are in the process of finalizing design details related to the street improvements and preparing a formal cost sharing agreement for City Council approval. In the meantime, it is imperative to fast track the process by authorizing the City Clerk to advertise for public bids which will be brought back to the City Council to award the work at the earliest possible date. Fiscal Impact: There is no impact on the General Fund as the proposed project will be funded with Redevelopment Agency Funds. Recommendation: Staff recommends APPROVAL of the draft Plans, Specifications and Project Progress Report, and AUTHORIZATION of the City Clerk to advertise for public bids, subject to the authority of the City Manager to approve the final plans, specifications and bid package prior to advertising. CITY O BE UMO i Cfawn Ka nicas ity Maria CITY OF BEAUMONT PROJECT PROGRESS REPORT Redevelopment Agency Funds Project Name: Brookside Avenue Improvements for Source of High School Funds: Contract TBD Contractors: TBD Date: Const. Budget: $ 1,133,000 1 1 A &E Budget: As per CIP Qualified Contractor Contracts Work Completed During Report Period: Project Start Date: January 2011 Report Period: April 2011 Prepared draft plans and specifications and necessary documentation for various permit requirements. Prepared draft cost sharing agreement and right -of -way documents. Coordinated draft design with school district and affected public utilities. Problems or Delays During Report Period: • The project was delayed to prepare environmental documents required to obtain water quality permits. Change Orders: • No Change Orders Recommendation(s) for City Council Action: Approve of the draft Plans and Specifications and advertise for public bids. Manage the bidding process. Finalize cost sharing agreement and environmental documents, obtain required permits and rights -of -way, coordinate the final design with the school district and affected public utilities. Approved and authorized by: Mayor Signature Date of City Council Approval STAFF REPORT Agenda Item_ To: Mayor and Council Members From: City Manager Date: April 19, 2011 Subject: Award Contract for First and Second Street Marketplace Repairs Background and Analysis: On October 20, 2009, the City Council authorized the City Clerk to advertise for public bids for repair on the First and Second Street Marketplace to complete work started by 360 Group which developed Kohls. 360 group went bankrupt and Staff worked with Wachovia Bank and their successor in interest Wells Fargo Bank to complete the work. This delayed the project for more than a year. The repair work is required to address trench failures in utility street crossings and sinkholes along First Street easterly of Commerce Way. This portion also includes fill -in roadway striping and completing striping of westbound First Street from Commerce Way. The scope of work along Second Street Marketplace included a sink hole at the intersection of Commerce Way and the completion at the eastbound striping. Sealed bids were received and opened in public on April 7, 2011. Six companies participated in the bidding process. Attached is a spreadsheet which shows the bid prices of the six bidders. The apparent lowest responsible bidder is Elite Companies in the amount of $172,833.02. Fiscal Impact: There is no impact on the General Funds as $168,060.00 will be funded by Wells Fargo Bank. The balance of $4,773.02 will be funded from Transportation Funds. Recommendation: Staff recommends AWARD of a construction contract to Elite Companies, subject to final review and approval of the Contract Documents by the City Attorney. i I I II I I i I i z O O Ln � N O M O o O O d `O co N N CO O M O N CO O N �Q 6q '6� {f} {q {f? b4 ---T7_7 4-J (3) — c �. ° cry N ° O ° 4-J �. o Q CA < ° m V I F '� � I � O O ° 7d x ° 2 -= u a� ct ° ° Z a� W (3) a V cz W a. Q N I � i CITY OF BEAUMONT PROJECT PROGRESS REPORT Source of Wells Fargo Bank- $168,060.00 I Project Name: First and Second Street Repair Funds: Transportation- $4,773.02 Contract April 19, 2011 Contractors: Elite Companies Date: Const. Budget: $ 172,833.02 Problems or Delays During Report Period: •No delays Change Orders: • No Change Orders Recommendation(s) for City Council Action: Approve and authorize staff, qualified contractors and approved contractors to complete the work. Approved and authorized by: I Mayor Signature Date of City Council Approval CONTRACTOR'S PROPOSAL TO: CITY OF BEAUMONT DATE: `( I ! hereafter called "City ": BIDDER: ELITE LAS XfNc _ (hereafter called "Contractor ") THE; UNDERSIGNED, Contractor, having carefully examined the site and the Contract Documents for the construction of FIRST and SECOND STREETS REPAIR PROJECT hereby proposes to construct the wort: in accordance with the Contract Documents, including Addenda Nos. for the amount stated in this Proposal. By submitting this Proposal, Contractor agrees with City: 1. That unless withdrawn in person by Contractor or some person authorized in writing by Contractor not by telephone or telegram before the time specified in the Notice Inviting Bids for the public opening of bids, this Proposal constitutes an irrevocable offer for 90 calendar days after that date. City has the right to reject any or all bids and to waive any irregularity contained in a Proposal. To execute the Agreement and deliver the Faithful Performance Bond, Payment Bond and Insurance Certificate with endorsements, which comply with the requirements set forth in the Instructions to Bidders and General Conditions, within ten (10) working days of the date of the Notice of Acceptance of Proposal and Intent to Award as issued by the City of Beaumont. That the contract shall be awarded upon a resolution or minute order to that effect duly adopted by Beaumont City Council; and that execution of the Contract Documents shall constitute a written memorial thereof. 4 . To submit to City such information as City may require to determine whether a particular Proposal is the lowest responsible bid submitted. 6. That the accompanying certified or cashier's check or Bid Bond is in an amount not less than 10% of the total bid submitted and constitutes a guarantee that if awarded the contract, Contractor will execute the Agreement and deliver the required bonds within ten (10) days after notice of award. If Contractor fails to execute and deliver said documents, the check or bond is to be charged with the costs of the resultant damages to City, including but not limited to publication costs, the difference in money between the amount bid and the amount in excess of the bid which it costs City to do or cause to be done the work involved, lease and rental costs, additional salaries and overhead, increased interest and costs of funding the project, attorney expense, additional engineering and architectural expense and cost of maintaining or constructing alternate facilities occasioned by the failure to execute and deliver said documents. 7. By signing this proposal, Contractor certifies that representations made therein are made under penalty of perjury. Specs & Contract Docs FIRST and ,SECOND STREETS REP.9IR PROJE CT Page 9 of 36 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date set forth below. CITY OF BEAUMONT BY City Mayor Dated ATTEST: City Clerk BY Deputy CONTRACTOR BY TITLE: C .f u (If Corporation, Affix Seal) ATTEST: TITLE: "City" "Corporation" (Seal) (Seal) u CITY OF BEAUMONT FIRST & SECOND STREETS ROAD REPAIR & EROSION CONTROL @ K014L'S PROPERTY PLAN FILE NO.1857 -A PROPOSAL COMPANY: EL1 7'F- QN ftf l c, lkG, ,--r-m C Date: y // 1 ESTIMATE LS MOBILIZATION $ Z506 $ �Z5;00 2 D LS TRAFFIC CONTR % $ 3Cv p $ 3 00 0 ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE TOTAL 1 1 LS MOBILIZATION $ Z506 $ �Z5;00 2 1 LS TRAFFIC CONTR % $ 3Cv p $ 3 00 0 3 I LS DUST ABATEMENT / WATER POLLUTION CONTROL $ �j 00 $ 500 4 1,960 SF TRENCH / SINKHOLES - GRIND / OVERLAY $ 3. O $ 79y8 5 740 CY OVER EXCAVATION $ .yr $ �3 Z53 6 127 TON ASPHALT CONCRETE $ 15-3.30 $ Iq I y X9.1 7 250 CY AGGREGATE BASE CLASS II $ 2.50 $ $ l 2 S g i LS THERMOPLASTIC PAVEMENT MARKING REPAIR /RESTORATION $ �✓5129.-, .12 0t4 $ 5129.42 tft7V 600 i F i.� arrvvraz'c v� i � cic .�.. ._.... .... GRAVE BAGS PER DETAIL ON PLANS �` ON �' 000 441 4- bg DI&P c A WEED REMOVAL, MOWING 040 000 o L I-i' tl E- i DRIVEWAY WIT! COMPACTED NATIVE � tYtlt) 3 ON FILL i " '10 LF Cii T FENCE DCD DETAIL ON P AATC � wo S ON CONSTRUCT BASE BID Ni WF-TY OWE: - IVWMPJb fih t iiUNDR ---) rwpurY Fives $ �j9, 425.02 170"'gms A noo �� 1 S. -WORDS" �. rI�TrA�� AI'fTtA ►IQ CONSTRUCTION OPTION TOTAL: 6tACNfY nhteg 'flko OQ &k- &646 E► f7*7- $ " WORDS " PROJECT TOTAL: D_NE I�NDR�7 S�vE n►T`� 7"WO '�tiUS� ►J� $ _ Tt�1z i WORDS" Y TtfWc- po(,L4(4 4 T140 CWrS Specs & Contract Docs FIRST and SECOND .STREETS RF.P.4IR PROJECT 73,' 0? 172, F33.6? Page 10 of 36 13 80,350 SF FULL WIDTH GRIND EXISTING AC PAVEMENT 0.10' DEEP & OVERLAY 0.10' THICK AC 1 LS APPLY THERMOPLASTIC PAVEMENT MARKINGS $ $ 14 PER PLAN FILE NO. 1734 27D CONSTRUCTION OPTION TOTAL: 6tACNfY nhteg 'flko OQ &k- &646 E► f7*7- $ " WORDS " PROJECT TOTAL: D_NE I�NDR�7 S�vE n►T`� 7"WO '�tiUS� ►J� $ _ Tt�1z i WORDS" Y TtfWc- po(,L4(4 4 T140 CWrS Specs & Contract Docs FIRST and SECOND .STREETS RF.P.4IR PROJECT 73,' 0? 172, F33.6? Page 10 of 36 CITY OF BEAUMONT FIRST & SECOND STREETS ROAD REPAIR & SIGNING & STRIPING ITEM PLAN FILE NO. 1734 PROPOSAL COMPANY: FLITS Co )JPANiFs lj� -iw Date: J ITEM ESTIMATED DE QUANTITY UNIT DESCRIPTION ITEM PRICE TOTAL I SS 20 LF APPLY 4" SOLID DOUBLE YELLOW MEDIAN PER $ 3.70 $ !s. DETAIL 29 f188 LF $ li / -1 APPLY 4 SOLID WHITE STRIPE AS SHOWN ON PLANS 1 In— 1,880 LF APPLY 4" SKIP STRIPING PER DETAIL 9 $ .3g $ 7/�{• Y V 4 SS 330 LF $ 39 $ q APPLY 6" BIKE LANE STRIPING PER DETAIL 39 iSS 2,735 LF APPLY 6 BIKE LANE STRIPING PER DETAIL 39 A $ .30 $ Cd 3?- 3 l ASS 225 LF APPLY 8" SOLID WHITE STRIPE PER DETAIL 38 $ �� $ 1 y$ 7 SS 7 EA INSTALL BIKE LANE MARKINGS PER FIGURE 9C -8 (CA) $ 7& $ 53-2- SS I EA APPLY TYPE IV ARROW (L or R) MARKING AS SHOWN ON $ q b $ • sV PLANS g LF APPLY I2„ SOLID Wq'HTE STDrox, AS SHOWN O N ow nr n ire (CFe..., Walk Net r..ejuded SS 1 LS WET SANDBLAST CONFLICTING PAVEMENT $ 2269 $ Z2& Q a MARKINGS ..quantities in Jude : Stripe restoration @ trench ; B/L & Lane Stripe @ 2nd St. EB ; B/L, @ First St. from Commerce Ave. W/B alb UAL: 1 O S Tuw 6� $ H"WORDS" I SRec� d Contract Docs FIRST and SECOND STREETS REPAIR PRO.IF.CT 512-f 172, Page 11 of 36 1 BIDDER DATA: 0 Name of Bidder U1 TE CbMeN IEL US ,zNL Type of Organization (-_7 EyER-`AL_ CoM7 -R-4r_ 7-D _ Person(s) Authorized to Sign for Bidder 5 DT- ti ez_Nii l t>E--z Address 15321 i-fl - -*,AUE LAN& qZ�7 I4UIJT10 bT_Z �1 �R , cA %&9 --r- N Phone -71q 716 -W ?6 Contractor's License c139a Y'7 uA " Type & Number Expi ration Date ID I311 11 DE�',IGNATION OF SUBCONTRACTORS: Contractor submits the following complete list of each subcontractor who will perform work or labor or render service in or about the construction in an amcunt in excess of 1/2 of 1 % of the total bid. ITEM SUBCONTRACTOR ADDRESS LICENSE NO. $_ J �7p BEEftwWN7- -&l0 24,(o - �K.cc.tS�onl /'"_P�GINIdEj � Z3 2 (,q n li rAi(A- ?32(y0 Percent of work to be performed by sub - contractors: 17 % (Noise: General contractor required to perform at least 50% of the project.) IN WITNESS HEREOF, Contractor executes this Proposal as of the date set forth on Page 1 of this proposal. Specs & Contract Docs TITLE "Contractor" FIRST and SECOND STREETS REPWR PROJECT Page 12 of 36 �I 11, G AFFIDAVIT FOR CORPORATE CONTRACTOR declares as follows: That he or she is L2F tJcbr--'Z of F—Lt lFU T r1 c- a corporation which is the part`- making the, foregoing proposal or bid; that the bid is not made in the interest of, or on behalf of, any undi iclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not i a any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price:, or of that of any other bidder, or to secure any advantage against the City of Beaumont or anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidd .-r has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare, under penalty of perjury, that the foregoing is true and correct. Dated this q (day) of _ (month), 2.011 (year) at --f,oNr'ptN A , California Signature of affiant• - O .r f; Note: Notarization of signature required Specs & Contract Docc FIRST and SECOND STREETS REPAIR PROJECT Page 15 of 36 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of �l lei 1 `l � 0;1 t, 9�fore pc rsonally appeared insert name anti/iitle of the officer) wAo proved to me on the basis of satisfactory evidence to be the person whose name pse, ate- subscribed to th -, within instrument and,aelcnowledged to me th he heAhey executed the same i i r a uthorized capacity and t at by is #n4heir-signature( on the instrument the person(,a�, or e entity upon behalf of wilich the person acted, executed the instrument. // I t::ertify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. W ITNE r, S myo nd and official seal. Signatureof otaryPublic S. PONCE Commission * 1765126 Notary Public - CaNlornis San Bernardino County NI Comm. Ex ires Se 1, 2011 (Notary Sea ADDITIONAL OPTIONAL INFORMATION DE TION OF THE ATTA ED DOCUMENT (Title or description f attached document) (Title dir description of attached document continued) 'Dumber of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) • Corporate Officer (Title) • Partner(s) • Attorney -in -Fact • Trustee(s) ❑ Other 20011 Version CAPA v 12.10.07 800- 873 -9865 6vww_NotarYCIasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage eract(v as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal jar a noran, in California (i.e. certifying the authorized capacity of the signer). Please check the doettment carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she /*ey;- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document BID BOND Recitals; 1. ELITE COMPANIES US INC. _._ "Contractor ", has submitted Proposal to City of Beaumont 'City ". for the construction of public work for FIRS "I STIZEE'rS REPAIR PROJECT. in accordance with a Notice Inviting Bids APRIL 07.2011 1. AEGIS SECURITY INSURANCE COMPANY a L hereafter called "Surety ", is the surety of this Bond. PENNSYLVANIA Ills Co -[-' : :I , anti SL-:( WN 1) of (.:\ dJTr ti Agreement: We, Contractor as principal and Surety as surety, jointly and severally agree and state as toIlows: 1, The amount of the obligation of this bond is 10% of the amount of the Contractor's Proposal. including bid alternates, and inures to the benefit of City. 2. This Bond is exonerated by (1) City rejecting said Proposal or, in the alternate, (2) if said Proposal is accepted, Contractor executes the Agreement and furnishes the Bonds as agreed to in its Proposal, otherwise it remains in full force and effect for the recovery of loss, damage and expense of City resulting from failure of Contractor to act as agreed to in its Proposal. Some types of possible loss, damage and expense are specified in the Contractor's Proposal. 3. Surety, for value received, stipulates and agrees that its obligations hereunder shall in no way be impaired or affected by any extension of time within which City may accept the Proposal and waives notice of any such extension. 4. This Bond is binding on our heirs, executors; administrators, successors and assigns. Dated: APRIL 01, 2011 AEGIS SECURITY By � Title: "At1 JENNL ER C. GIBONEY STATE OF C, COUNTY OF ELITE COMPANIES VeIN C� Title: "Contr, tar" I ss. SURETY'S ACKNOWLEDGEMENT On _ before me. -- personalty appeared, . known to me. or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the kxithin in-sn-urrent and acknowledged to the that he /she executed the saint in his%her authorized capacities, and that by his her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public Mote: All signatures must be notarized Notary Public (Seal) Sj>ecs c$ Cojrrracl Dac.� ?l i %Sf?1 -11 i/R PROJECT P(gec 16 of 36 CALIFORNIA + • ACKNOWLEDGMENT A.: � �co.t,?a.' A�!�?� a • �� 5.. �SGvn�',ai� ,S] a � �. 4 � '�4!cS•,�Z!%�Al' � ,. _ as4,_ - 2,4._raG.'� State of California County of SAN BERNARDINO On a i t before me, KATHY WILCOX NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared ``1 o e eK'�l &z Name(s) of Signer(s) who proved to a on the basis of satisfactory evidence to be the person whose name() is/a(e subscribed to the within instru ent and acknowledged to me that he /s*h executed the same in his/hKrAhe" authorized capacity(i s), and that by hisft� /thoir signature(4 on the instrument the person(, or the ntity upon behalf of which the person( acted, executed the instrument. KATHY WILCOX COMM. 11803936 I certify under PENALTY OF PERJURY under the laws n NOTARY PUBLIC - CALIFORNIA] fY P SAN BERNARDINO COUNTY of the State of California that the foregoing paragraph is My Comm. Expires Jun. 25,2012 true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above to a of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Q Title or Type of Document: Document Date: . Number of Pages: Signer(s) Other Than Name Above: Capacity(ies) Claimed by Signer(s) Signer's Name: :1 Individual D Corporate Officer — Title(s): ID Partner — 0 Limited 0 General Attorney in Fact :1 Trustee :1 Guardian or Conservator Other: 13igner Is Representing: RIGHT THUPAB PRINT 'i OF SIGNER .. of Signer's Name: 0 Individual O Corporate Officer — Title(s): • Partner — O Limited 0 General • Attorney in Fact 0 Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here .-¢i 'v 'y 'e'.-c� - ers- ✓:'eii- s3�:C✓.c�✓i'cr:-:�.� •u.'o. •e• -.v •e+ -sue •es -m, •ci -av4'ai •.v -y v •v -er:-�.' ✓�:'c� •ai:'✓ y -e. -y •rr:� �' "�:�5-c� M'i rr . •• .. .rr •� :�r ACKNOWLEDGMENT State of California County of Orange ) On April 1, 2011 before me, Peter Austin Neff, Notary Public (insert name and title of the officer) personally appeared Jennifer C Giboney who proved to me on the basis of satisfactory evidence to be the person(*) whose name(*) is /anx subscribed to the within instrument and acknowledged to me that kg /she / eexecuted the same in A)is/herklwk authorized capacity(, and that byA)ix/her/tlxetix signature(s) on the instrument the person(*), or the entity upon behalf of which the person(*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature N J'S �FTy`'+ PETER AUSTIN NEFF-' COMM. # 1799389 X ;< s NOTARY PUBLIC- WOFNIA X ORANGE COUNTY (A MM Calm Eon RAY 11, 2012 N (Seal) BOND NUMBER BID AEGIS SECURITY INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT AEGIS SECURITY INSURANCE COMPANY does hereby make, constitute and appoint: JENNIFER C. GIBONEY its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf surety bonds, undertaking and other instruments of similar nature as follows: $2.5 Million This Power of Attorney is granted and sealed under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 4th day of February 1993. " Resolved, That the President, any Vice President, the Secretary and any Assistant Secretary appointed for that purpose by the officer in charl: a of surety operations shall each have authority to appoint individuals as Attorney -in -Fact or under other appropriate titles with authi rity to execute on behalf of the Company, fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such an appointment, the signatures may be affixed by facsimile. On any i istrument conferring such authority or on any bond or undertaking of the Company, the seal or facsimile thereof may by imposed or fixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or unde -taking." "Resolved, That the signature of each of the following officers; President, Vice President, any Assistant Vice President, any Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any Certificate relating thereto. appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for the purpose only of executing and attesting bonds and undertaking and other writings upon the Company and any such power required and certified by such facsimile signature and facsi mile seal shall be valid and binding on the Company in the future with respect to any bond or undertaking to which it is attached.@ IN WITNESS WHEREOF, AEGIS SECURITY INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these press ;nts to be signed by its President this 30th day of January, 2008. Commonwealth of Pennsylvania } } s.s.: Harrisburg Coamty of Dauphin } AEGIS SECURITY INSURANCE COMPANY BY' 4`�,{ DNS tlC, DARLEEN J. FRITZ u► 1977 o President �� ,n,► a On this 30th day of January, 2008, before me personally came Darleen J. Fritz to me known, who being by me duly sworn, did depose and say i hat she is President of AEGIS SECURITY INSURANCE COMPANY, the corporation described herein and which executed the above instrument; that she knows the seal of the said corporation, that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that she signed her name thereto by like order. (�Jx 4ZL m�gN c ° OF = t� REBECCA LIDDICK Notary Public r My Commission Expires July 25, 2013 SAY P� I, the undersigned, Assistant Secretary of AEGIS SECURITY INSURANCE COMPANY, a Pennsylvania corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthArmore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of Harrisburg, in the Commonwealth of Pennsylvania, dated this 01 day of AFRIL 2011 Siiq \\ DEBORAH A. GOOD I w ��9 7 7 Secretary s��-; STAFF REPORT Agenda Item TO: Mayor and Council Members FROM: City Manager DATE: April 19, 2011 SUBJECT: Award Agreement for Emergency Repairs on Oak Valley Parkway Background and Analysis: During the recent rains on March 23, 2011 there was heavy erosion on south side of Oak Valley Parkway, east and west of the Centennial Memorial Bridge adjacent to the railroad. The Sewer force mains and four sewer man holes were exposed and were required to be protected to prevent any damage and spills from taking place. Proposals were requested from qualified contractors to repair the erosion by importing and placing rip rap and back filling the slopes to protect the sewer line. The results are summarized below: KAD Paving: $22,056.75 Moody Construction: $24,750.00 Jeremy Harris Construction: $26,964.00 On April 5, 2011, the Council approved a contract for KAD Paving for erosion repair on oak Valley Parkway. The proposed task order could be issued in accordance with that contract. Fiscal Impact: The proposed task order will not impact the General Fund. The project will be funded by Transportation Funds. Recommendation: Staff recommends RATIFICATION of Task Order No. 2 for KAD Paving Company, APPROVAL of the Project Progress Report and AUTHORIZATION of the Mayor to execute the Task Order and Project Progress Report subject to the authority of the City Attorney to make nonsubstantive changes. Res CI'li Alan C. City Manager CITY OF BEAUMONT YKOUKl+ SS KEFOKI Transportation Funds Project Name: Repair of Erosion on south side of Oak Source of Valley Parkway east and west of Centennial Bridge Funds: adjacent to Railroad Contract April 19, 2011 Contractors: KAD Paving Date: Const. Budget: $22,056.75 A &E Budget: As per Qualified Contractors Project Start Date: March 2011 Report Period: April 2011 Work Completed During Report Period: Request for proposals were sent, proposals were evaluated and emergency repair carried out Problems or Delays During Report Period: *No delays Change Orders: • No Change Orders Recommendation(s) for City Council Action: Approve and execute agreement. Approved and authorized by: Mayor Signature Date of City Council Approval i. City of Beaumont CHANGE ORDER & TASK ORDER AUTHORIZATION REQUEST Existing Public Works Contracts NAME OF PROJECT: Erosion repair on Oak Valley Parkway FUNDING SOURCE: Transportation Funds CONTRACTOR: KAD Paving CHANGE ORDER NO. 1. TYPE OF CHANGE ORDER (check one) 2. AMOUNT OF CHANGE ORDER: 3. REASON FOR CHANGE ORDER: PROJECT N0. (internal use) CONTRACT DATE: 4 -19 -2011 CONTRACT AMOUNT: $22,056.75 F1 ADDITIVE [_] DEDUCTIVE 4. WHO MUST AUTHORIZE: City Manager: a. For contracts of $50,000 dollars or less, a change or cumulative change shall not exceed the total of $5,000.00 dollars. b. For contracts of more than $50,000.00 but less than $250,000.00, a change or cumulative changes shall not exceed a total of 10% or the original contract amount. c. For contracts of $250,000.00 or more, a change order or cumulative change orders shall not exceed $25,000.00 plus 2% of the original contract in excess of $250,000.00. City Council: for change orders which exceed the City Manager's authority. TASK ORDER NO. _2_ 1. DESCRIPTION OF WORK: _Erosion repair on Oak Valley Parkway 2. AMOUNT OF TASK ORDER: $22,056.75 3. QUALIFIED TASK (check one): ! x YES j j NO 4. UNIT PRICING CONFORMS TO CONTRACT (check one): YES NO I have reviewed and prepared this change order / task order request in accordance with Beaumont Municipal Code: Title 3 — Section 3.02. Public Works Director City Attorney: AUTHORIZATION Date: Date: City Manager: Date: Mayor (as applies): Date: CITY OF BEAUMONT INDEPENDENT CONTRACTOR'S TASK ORDER (Project Title: Erosion Repair on Oak Valley Parkway) TASK ORDER NO.: Two CONTRACTOR: Name: Address: Telephone: Fax: E -mail: Fed. Tax Id.: Kad Paving Company dba Kad Engineering 12173 10`h Street, Yucaipa, CA 92399 (909) 790 3366 (909) 790 3369 kadpaving @yahoo.com 27- 0618394 THIS TASK ORDER is issued pursuant to that certain Agreement for Services by Independent Contractor between the CITY OF BEAUMONT ( "OWNER ") and Kad Paving Company ( "CONTRACTOR ") dated April 19, 2011 (the "AGREEMENT "). 1. Task to be Performed. CONTRACTOR shall provide all labor, materials and equipment to perform the following task (choose and check one): See Exhibit "A ", attached hereto Description of Task: _Erosion repair on Oak Valley Parkway 2. Time of Performance. Time is of the essence. Therefore, CONTRACTOR shall begin work within 7 days of the date this Task Order is signed by the OWNER and shall complete performance of such services by or before May 31, 2011. 3. Liaison of OWNER. Mr. /Ms. Rob Owen, Construction Manager shall serve as liaison between OWNER and CONTRACTOR. 4. Staff Assignments. CONTRACTOR will assign the following personnel to perform the services required by this Task Order: (Check if this Paragraph 4 Not Applicable: ) Donald Wheeler Jr Page 1 of 2 5. Deliverables. CONTRACTOR shall deliver to OWNER not later than the date or dates indicated, the following: (Check if this Paragraph 5 Not Applicable: _xx) 6. Compensation. For all services rendered by CONTRACTOR pursuant to this Task Order, CONTRACTOR shall receive a total not -to- exceed lump sum of $ 22,056.75 payable as follows: 7. Reimbursable Expenses. In addition to the compensation provided for in Paragraph 6 above, CONTRACTOR (choose and check one:) shall /_xx_ shall not /be entitled to reimbursement for expenses. If authorized by this Task Order, reimbursable expenses shall be limited to: 8. Miscellaneous Matters. The following additional matters are made a part of this Task Order (choose and check one): X— Not applicable See Exhibit "A ", attached hereto; or below. Description: IN WITNESS WHEREOF, the parties have executed this Task Order on the date indicated CITY OF BEAMONT Dated: By CONTRACTOR: Kad Paving Company r Dated: By 1/o, ",, e,C" -z'2 Print Name T Ce5. Title Page 2 of 2 CITY OF BEAUMONT INDEPENDENT CONTRACTOR'S TASK ORDER (Project Title: Erosion Repair on Oak Valley Parkway) TASK ORDER NO.: Two CONTRACTOR: Name: Kad Paving Company dba Kad Engineering Address: 12173 10th Street, Yucaipa, CA 92399 Telephone: (909) 790 3366 Fax: (909) 790 3369 E -mail: kadpaving @yahoo.com Fed. Tax Id.: 27- 0618394 THIS TASK ORDER is issued pursuant to that certain Agreement for Services by Independent Contractor between the CITY OF BEAUMONT ( "OWNER ") and Kad Paving Company ( "CONTRACTOR ") dated April 19, 2011 (the "AGREEMENT "). 1. Task to be Performed. CONTRACTOR shall provide all labor, materials and equipment to perform the following task (choose and check one): See Exhibit "A ", attached hereto Description of Task: _Erosion repair on Oak Valley Parkway 2. Time of Performance. Time is of the essence. Therefore, CONTRACTOR shall begin work within 7 days of the date this Task Order is signed by the OWNER and shall complete performance of such services by or before May 31, 2011. 3. Liaison of OWNER. Mr. /Ms. Rob Owen, Construction Manager shall serve as liaison between OWNER and CONTRACTOR. 4. Staff Assignments. CONTRACTOR will assign the following personnel to perform the services required by this Task Order: (Check if this Paragraph 4 Not Applicable: ) Donald Wheeler Jr Page 1 of 2 5. Deliverables. CONTRACTOR shall deliver to OWNER not later than the date or dates indicated, the following: (Check if this Paragraph 5 Not Applicable: _xx) 6. Compensation. For all services rendered by CONTRACTOR pursuant to this Task Order, CONTRACTOR shall receive a total not -to- exceed lump sum of $ 22,056.75 payable as follows: 7. Reimbursable Expenses. In addition to the compensation provided for in Paragraph 6 above, CONTRACTOR (choose and check one:) shall /_xx_ shall not /be entitled to reimbursement for expenses. If authorized by this Task Order, reimbursable expenses shall be limited to: 8. Miscellaneous Matters. The following additional matters are made a part of this Task Order (choose and check one): x_ Not applicable See Exhibit "A ", attached hereto; or below. Description: IN WITNESS WHEREOF, the parties have executed this Task Order on the date indicated CITY OF BEAMONT Dated: By CONTRACTOR: Kad Paving Company Dated: By Print Name Title Page 2 of 2 Agenda Item No. STAFF REPORT To: Honorable Mayor and City Council Members From: Community and Economic Development Dept Date: April 19, 2011 Subject: Authorization for Staff to Prepare and File Grant Applications for SB 821 Bike and Pedestrian Facilities Background and Analysis: The proposed action would authorize staff to submit two (2) grant applications to Riverside County Transportation Commission (RCTC) to fund pedestrian facilities within the City of Beaumont. Noble Creek Park Sidewalk and Pedestrian Bridge The proposed improvements consist of the construction of sidewalks and pedestrian bridge. The improvements are proposed to be implemented in the Noble Creek Park area. Attached are Exhibits, which indicate the location of the proposed improvements. The total cost of the proposed facilities is estimated to be $609,480. We have applied for a grant of $400,000 from State Funding. This proposed grant amount is $104,740, for total grant applications for funding in the amount of $504,740. Anna Hause Elementary School Area Sidewalk and Pedestrian Bridge The proposed improvement consists of the construction of sidewalks and a pedestrian bridge. This improvement will link existing and proposed sidewalks in the Anna Hause Elementary School Area. Attached are Exhibits, which indicate the location of the proposed improvements. The total cost of the proposed facilities is estimated to be $293,285.00. The proposed grant amount is $146,642.50. Recommendation: Staff recommends the City Council to authorize staff to submit the grant applications for SB 821 bike and pedestrian facilities funding with the authorization of the City Manager to approve changes based on the final cost estimates. Respectfully submitted; CITY OF BEAUMONT Rebecca Deming Assistant Director of Planning CITY OF BEAUMONT SB 821 APPLICATION FY 2011 -12 G 150 300 60G PROPOSED BEKE/ PEDESTRIAN BRIDGE I PROPOSED TRAIL EXTENSION (APPROX. 1528 LF) ( IN FEET ) 1 inch = 300 ft. Agenda Item No. -1 • r-, STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: BUILDING AND SAFETY DEPARTMENT AGENDA DATE: APRIL 19, 2011 SUBJECT: Ordinance Updating B.M.C. Chapter 15 Buildings and Construction EXECUTIVE SUMMARY: Update Beaumont Municipal Code to reflect changes adopted by the California Building Standards Commission at the three -year code cycle. RECOMMENDATION: Staff recommends City Council adoption of the proposed ordinance to amend the B.M.0 Chapter 15 Buildings and Construction. BACKGROUND /ANALYSIS: In administering building and construction in the City, the City is required to adopt and implement the codes which are published by the International Code Council as the California Code of Regulations Title 24 Parts 1 -12, known collectively as the California Building Codes. A summary of recent changes by the California Building Standards Commission include: • Adoption of Part 2.5, California Residential Code • Adoption of Part 11, California Green Building Standards Code • Update BMC 15.20 Fire Code • Relocate Administration portion from rear of code Appendix chapter 1, to front of code Division II Scope and Administration with some renumbering of code sections. This clean-up of Chapter 15 will incorporate these changes, and transfer previous local amendments into the appropriate sections. Respectfully Su ft d, Ke' Highto er C O Building and afety Department 0�1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 15 OF THE BEAUMONT MUNICIPAL CODE RE: BUILDINGS AND CONSTRUCTION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Municipal Code Sections 15.03 and 15.04 AND 15.08 are hereby repealed, Section 2: Municipal Code Sections 15.03, 15.04, 15.08, 15.15 and 15.22 are hereby added to the Beaumont Municipal Code to read as specifically provided for in Exhibit "A', which Exhibit is attached hereto and made a part hereof. Section 3: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this day of , 2011, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this day of , 2011, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF BEAUMONT Ql ATTEST: Deputy City Clerk BRIAN DEFORGE, Mayor Title 15 BUILDINGS AND CONSTRUCTION Chapters: 15.03 Administration 15.04 Building Code 15.08 Building Fees 15.10 California Elevator Safety Construction Code 15.11 California Historical Building Code 15.12 Electrical Code 15.13 California Existing Building Code 15.15 California Residential Code 15.16 Plumbing Code 15.17 Mechanical Code 15.19 Energy Code Al2W Firg Cody 15.22 California Green Building Code 15.24 Floodplain Management 15.28 Moving Buildings 15.32 General Plan Revision Fees 15.36 Basic Service Facility Fees 15.38 Building Inspector 15.40 Permit Streamlining 15.42 Earthquake Hazard Reduction in Existing Unreinforced 15.44 Building Occupancy Placards Chapter 15.03 ADMINISTRATION Sections: 15.03.010 Adoption of Appendix Chapter I, AdministrationDivision 11 Scope and Administration 15.03.015 Department of Building and Safety 15.03.020 Amendments to Appendix Chapter I, AdministFationDivision I1 Scope and Administration 15.03.010 Adoption of Appendi--Chapter I, Administration Division 11 Scope and Administration Except as otherwise provided in this Chapter, the California Building Code, Title 24, California Code of Regulations, Part 21, Volume 2, Appendis Chapter 1 "Administration," including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the Administrative Code of the City. This administrative chapter shall apply to all codes listed in this title. 15.03.015 Department of Building and Safety The Department of Building Safety is hereby created and the official in charge thereof shall be known as the buildan� official. The building official shall be appointed by the City Manager. With the concurrence of the City Manager, , the Pudding officcal shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers delegated by the building offlcia ___ 15.03.020 Duties and Powers of Buildina Official The building official is authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify �pplication of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 15.03.0250 Amendments to-Appendix-Chapter I, Administration Division It Scope and Administration The Administrative code is amended in part as follows: 101.4 Deleted in its entirety 105.3.2 Time limit of application. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding "0 90 days Mon request by the applicant. The extension shall be requested in writing and justifiable cause demonstrated showing that circumstances beyond the control of the applicant which has prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Section 1098, Fees is amended to read as follows: 1 1098.1.1; Plan Review Fees Formatted: Underline Forte ... ...........__.- --- matted: Font: Italic - Formatted: Font: Italicx Formatted: Font: Italic Formatted: Font: Italic When submittal documents are required by Section 1096.3.2, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan feview Feeshall be 65 pefeent of the building per-rnit Pee as established by the Building Offieial. The plan review fees specified in this section are separate fees from the permit fees specified in Section 108.2 and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 1076.3.4.2, an additional plan review fee shall be charged at the rate established by the Building Official. 1098.4 Work commencing before permit issuance Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 1098.4.1 Investigation fee An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be equal to the minimum fee as defined in Section 1098.2. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. 1098.6 Fee Refunds The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit or which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. 1098.7 Re- inspections A re- inspection fee may be assessed for each inspection or re- inspection when such portion of work or which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring re- inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re- inspection. Re- inspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. To obtain a re- inspection, the applicant shall file an application therefore in writing on a form furnished for that purpose and pay the re- inspection fee in accordance with the fee schedule adopted by the jurisdiction. In instances where re- inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. Section 11089 Inspections is amended to read as follows: 11009.3.5 Lathe and gypsum board inspections The exception is deleted in its entirety. Chapter 15.04 BUILDING CODE Sections: 15.04.010 Adoption of California Building Code 15.04.020 Amendments to the California Building Code 15.04.030 Violation — Penalty 15.04.010 Adoption of California Building Code. Except as otherwise provided in this Chapter, the California Building Code, Title 24, California Code of Regulations, Part 2, Volumes 1 and 2, including, Appendix C, Group U- "Agricultural Buildings ", Appendix F "Rodent Proofing ", Appendix I "Patio Covers ", and Appendix J "Grading ", is hereby adopted by this reference as the Code for the City for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the City providing for the issuance of permits and collection of fees therefore; and each and all of the amendments to such Building Code as may hereafter be adopted by the State of California shall be made a part of this Chapter without further action by the City Council. 15.04.020 Amendments to the California Building Code. The Building Code is amended in part as follows: Chapter 18:SOILS AND FOUNDATIONS, Section 1801.1 is amended to add: "Where relevant to grading, drainage and soil investigation, `Building Official' shall also mean and include City Engineer/Director of Public Works or his/her designee." Appendix "J" GRADING, Section J104- .2J1.03.1. is amended by adding: "Wherever the word `Building Official' is used, it shall also mean and include City Engineer/Director of Public Works or his/her designee." Section J109.4 is amended to read: "Drainage across property lines. All graded lots shall drain to the street or publicly maintained facility. Cross lot drainage may be allowed at the sole discretion of the City Engineer /Director of Public Works. Drainage across property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage shall be contained onsite or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by the installation of nonerosive down drains or other devices acceptable to the City Engineer." Section J110- Erosion Control – first paragraph is amended to read: "General. The faces of cut and fill slopes and graded surfaces shall be prepared and maintained to control erosion. This control shall be permitted to consist of effective planting and other practicable means." 15.04.030 Violation — Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Building Code is an infraction. Chapter 15.08 BUILDING FEES Sections: 15.08.010 Permit Issuance Fees 15.08.020 Additional Fee 15.08.010 Permit Issuance Fees. The following fees, the amount of which shall be established from time -to -time by action of the City Council, shall be collected prior to the issuance of a permit: A. Plan Check Fees and Deposits. B. Permit Fees. C. Re- inspection Fees. 15.08.020 Additional Fee. In addition to the permit fees, the following fee is to be collected prior to the issuance of a permit: Strong Motion Instrumentation Program (SMIP), 0.007 percent per thousand dollars of valuation with a minimum of fifty cents for each permit. (S.B. 1374 Chapter 1152 ALQUIST). Chapter 15.10 ELEVATOR SAFETY CONSTRUCTION CODE Sections: 15.10.010 Adoption of California Elevator Safety Construction Code 15.10.020 Violation -- Penalty 15.10.010 Adoption of California Elevator Safety Construction Code. Except as otherwise provided in this Chapter, the California Elevator Safety Construction Code, Title 24, California Code of Regulations, Part 7, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Elevator Safety Construction Code. 15.10.020 Violation — Penalty. A. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Elevator Safety Construction Code is an infraction. Chapter 15.11 HISTORICAL BUILDING CODE Sections: 15.11.010 Adoption of California Historical Building Code 15.11.020 Violation— Penalty 15.11.010 Adoption of California Historical Building Code. Except as otherwise provided in this Chapter, the California Historical Building Code, Title 24, California Code of Regulations, Part 8, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Historical Building Code. 15.11.020 Violation — Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Historical Building Code is an infraction. Chapter 15.12 ELECTRICAL CODE Sections: 15.12.010 Adoption of California Electrical Code 15.12.020 Violation — Penalty 15.12.010 Adoption of California Electrical Code. Except as otherwise provided in this Chapter, the California Electrical Code, Title 24, California Code of Regulations, Part 3, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Electrical Code. 15.12.020 Violation — Penalty. A. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Electrical Code is an infraction. B. It shall be a violation of this Chapter, punishable as an infraction, for any person, firm or corporation to make connection from a source of electrical energy to an installation for which a permit is required, unless such person, firm or corporation has obtained a certificate of approval from the building inspector that such wiring devices, appliances or equipment are in conformity with all the requirements of this code. Chapter 15.13 CALIFORNIA EXISTING BUILDING CODE Sections: 15.13.010 Adoption of California Existing Building Code 15.13.020 Violation — Penalty 15.13.010 Adoption of California Existine BuildinE Code. Except as otherwise provided in this Chapter, the California Existing Building Code, Title 24, California Code of Regulations, Part 10, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Existing Building Code. 15.13.020 Violation — Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Existing Building Code is an infraction. Chapter 15.15 RESIDENTIAL CODE Sections: 15.15.010 Adoption of the California Residential Code 15.15.020 Violation – Penalty 15.15.010 Adoption of the California Residential Code. Except as otherwise provided in this Chapter, the California Residential Code, Title 24 California Code of Regulations, Part 2.5, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Residential Code. 15.15.020 Violation - Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Residential Code is an infraction. Chapter 15.16 PLUMBING CODE Sections: 15.16.010 Adoption of California Plumbing Code 15.16.020 Violation — Penalty 15.16.010 Adoption of California Plumbing Code. Except as otherwise provided in this Chapter, the California Plumbing Code, Title 24, California Code of Regulations, Part 5, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the Plumbing Code of the City. 15.16.020 Violation — Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Plumbing Code is an infraction. Chapter 15.17 MECHANICAL CODE Sections: 15.17.010 Adoption of California Mechanical Code 15.17.020 Violation— Penalty 15.17.010 Adoption of California Mechanical Code. Except as otherwise provided in this Chapter, the California Mechanical Code, Title 24, California Code of Regulations, Part 4, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the Mechanical Code of the City. 15.17.020 Violation — Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Mechanical Code is an infraction. Chanter 15.19 ENERGY CODE Sections: 15.19.010 Adoption of California Energy Code 15.19.020 Violation — Penalty 15.19.010 Adoption of California Energy Code. Except as otherwise provided in this Chapter, the California Energy Code, Title 24, California Code of Regulations, Part 6, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Energy Code. 15.17.020 Violation — Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Energy Code is an infraction. ,Chapter 15.20 FIRE CODE Sections: 15.20.010 Adoption of California Dire Code 15.20 010 Adoption of Riverside County Ordinance 787.6 adopted bX..__. _..... the Riverside County Board of Supervisors on February 15 2011 entitled "AN ORDINANCE OF "l IIE: COUNTY OF RIVE>R.SIDE: ADOP "I'ING THE 2010 C,ALIFORNIA_.._FIR;E „.._C ODE___ AND ALI;FORNIA...._B BUILDING STANDARDS .......................... ...... ............................... CODE IN THEIR ENTIRETY FOR 1) REGULATING AND GOVERNING THE SAFEGUARD OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS (ARISING FROM 7111 -i STORAGE HANDLING AND USE OF IIAI.AR )OL1S SUBS "I'ANCES, MATF..R_tAL.S AND DEVICES) LAND FIZOM CONDITIONSHAZARDOL STCLIFE O R .PROPERTYINTHEOCCiPANCY OF ..._ ..._ .._; ... .._ ... .._ -'-� ............. ............ ................... BUILDINGS AND PREMISES IN THE COUNTY OF RIVERSIDE, AND 2) PROVIDING FOR THE ISSUANCE OF PERMITS AND THE COLLECTION OF FEES THEREOF." Including any and all amendments thereto that may hereafter be made and adopted by Riverside County, is hereby adopted as the City Fire Code. Sections: 1.5.20.420 Violation- Penalty 1J.GV.V.:.V `y lulati Vll 1 Gilally. V 1V1(ILIVll VI LIM ylyVIJ1V11, Ul L1112f L. failure to comply with any of the require of the Fire Code is an �nfract�on: Chanter 15.22 GREEN BUILDING CODE Sections: 15.22.010 Adoption of California Green BuildinE Code 15.22.020 Violation - Penalty 15.22.010 Adoption of California Green Building Code. Except as otherwise provided in this Chapter, the California Green Building Code, Title 24, California Code of Regulations, Part 11, including any and all amendments thereto that may hereafter be made and adopted by the State ofCalifotnia, is hereby adopted as the City Green Building Code. 15.22.020 Violation- Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Green Building Code is an infraction. DIVISION U SCOPE AND ADMINISTRATION Sectionsacloptedorainencledbv state agencies arespecifrecrliv r air and replacement of plumbing systems. including ( indicated by an agency banner or identified in the Matrix equ' ment, appliances, fixtures, fittings and appurtenances, Adoption Table. and ere connected to a water or sewage system and 11 aspects a medical gas system. The provisions of the/ ter - national 'vote Sewage Disposal Code shall apply o pri- SECTION 101 vate sewage 'sposal systems. GENERAL 101.4.4 Proper maintenance. The provis' ns of the 101.1 Title. These regulations shall be known as the California International Pro rtv Maintenance Code all apply to Building Code of the State of California, hereinafter referred to existing structures a premises; equipme and facilities; as "this code" light, ventilation, spat heating, sanit 'on, life and fire 101.2 Scope. The provisions of this code shall apply to the con- safety hazards; responsi 'lities of o ers, operators and struction, alteration, movement, enlargement, replacement, occupants; and occupancy f existi g premises and struc- repair, equipment, used and occupancy, location, maintenance, tures. removal and demolition of every building or structure or any 101.4.5 Fire prevention. Th ovisions of the Interna- appurtenances connected or attached to such buildings or tional Fire Code shall apply o ma ers affecting or relating structures. to structures, processes a premises ' om the hazard of fire Exception: Detached one- and two - family dwellings and and explosion arising f m the storag handling or use of multiple single- family dwellings (townhouses) not more structures, materials devices; from co itions hazardous than three stories above grade plane in height with a sepa- to life, property or blic welfare in the o ancy of struc- rate means of egress and their accessory structures shall tures or premise , and from the constructi - extension, comply with the California Building Code. repair, alteratio or removal of fire suppressio and alarm ( 101.2.1 Appendices. Provisions in the appendices shall not systems or fir hazards in the structure or on the remises from occup cy or operation. apply unless specifically adopted. 101.3 Intent. The purpose of this code is to establish the mini- 101.4.6 nergy. The provisions of the California En gy Code, rtie 24, Part 6 shall apply to all matters governing t mum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress desi and construction of buildings for energy efficiency. - facilities, stability, sanitation, adequate light and ventilation, Exception: [OSHPD 1, 2& 4JNot required by OSHPD. energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during SECTION 102 emergency operations. APPLICABILITY 1 1.4 Referenced codes. The other codes listed in Section's 102.1 General. Where there is a conflict between a general 10 4.1 through 10 1.4.6 and referenced elsewhere in this de requirement and a specific requirement, the specific require - shall e considered part of the requirements of this co to the ment shall be applicable. Where, in any specific case, different prescri d extent of each such reference. sections of this code specify different materials, methods of 1 ✓✓✓ 101.4.1 as. The provisions of the Internati al Fuel Gas construction or other requirements, the most restrictive shall Code shal ply to the installation of gas iping from the govern. point of deliv , gas appliances and re ed accessories as 102.1.1 Additional requirements. [OSHPD 1, 2, 3, & 4, covered in this co e. These requireme s apply togas piping DSA -SS & DSA- SS/CCJ See Chapter 1, Division 1, Section systems extending om the poin f delivery to the inlet I I connections of applian s and t installation and operation 102.2 Other laws. The provisions of this code shall not be of residential and comm ci gas appliances and related deemed to nullify any provisions of local, state or federal law. accessories. 'ons 102.3 Application of references. References to chapter or sec - 101.4.2 Mechanical. e prov of the International ' tion numbers, or to provisions not specifically identified by Mechanical Code sh apply to the stallation, alterations, number, shall be construed to refer to such chapter, section or repairs and replac ent of mechanic systems, including provision of this code. ( equipment, app ' nces, fixtures, tittin and/or appurte- nances, inclu g ventilating, heating, co 'ng, air- condi- 102.4 Referenced codes and standards. The codes and stan- tioning an refrigeration systems, incinerato and other dards referenced in this code shall be considered art of the P energy- ated systems. requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this 101 .3 Plumbing. The provisions of the fnterna ' nal code and referenced codes and standards, the provisions of this P imbing Code shall apply to the installation, alteratr code shall apply. 2010 CALIFORNIA BUILDING CODE _ . SCOPE AND ADMINISTRATION 102.4.1 Code References. [OSHPD 1, 2, 3 & 4, DSA -SS & DSA- SSICC] All reference to International Codes or other .similar codes in referenced standards shall be replaced by equivalent provisions in the California Building Standard Codes. 102.4.2 Reference in Standards. [OSHPD 1, 2, 3 & 4, DSA -SS & DSA- SS /CC] All references listed in reference standards ~hall be replaced by referenced standards listed in Chapter 35 of this code, where applicable, and shall include all amendments to the reference standards in this code. 102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provi- sions. 102.6 Existing structures. The legal occupancy of any struc- ture existing on the date of adoption of this code shall be per- mitted to continue without change, except as is specifically covered in this code, the California Building Code or the Cali- fornia Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. SECTION 103 DEPARTMENT OF BUILDING SAFETY 103.1 Creation of enforcement agency. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official. 103.2 A ntm a in • ci all b appointed by th chief appointing authority of the jurisdiction. 103.3 Deputies. In accordance with the prescribed pro dur of this ' urisdiction and with the concurrence of the ppoin ing authority, the building official shall have the au on o appoint a deputy building official, the related technical offi- cers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building offi- cial. For the maintenance of existing properties, see the Cali- fornia Building Code. SECTION 104 DUTIES AND POWERS OF BUILDING OFFICIAL 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the pro- visions of this code. 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. 104.4 Inspections. The building gJficial shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry. Where it is necessary to make an inspec- tion to enforce the provisions of this code, or where the build- ing official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official is autho- rized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such struc- ture or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. 104.7 Department records. The building official shall keep official records of applications received, permits and certifi- cates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records. 104.8 Liability. The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provi- sions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursu- ance of the provisions of this code. 99 2010 CALIFORNIA BUILDING CODE. 104.9 Approved materials and equipment. Materials, equip- ment and devices approved by the building official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official. 104.10 Modifications. Wherever there are practical difficul- ties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety. 104.11 Alternative materials, design and methods of con- struction and equipment. The provisions of this code are not intended to prevent the installation of any material or to pro- hibit any design or method of construction not specifically pre- scribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. 104.11.1 Research reports. Supporting data, where neces- sary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the require- ments of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing pro- cedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building offi- cial for the period required for retention of public records. 104.11.3 Peer review. [OSHPD 1 & 41 When peer review is required, it shall be performed pursuant to Section 3414A. 104.11.4 Earthquake monitoring instruments. [OSHPD 1 & 41 The enforcement agency may require earthquake mon- itoring instruments for any building that receives approval of an alternative system for the Lateral Force Resisting Sys- tem (LFRS). There shall be a sufficient number of instru- ments to characterize the response of the building during an earthquake and shall include at least one tri -axial free field 2010 CALIFORNIA BUILDING CODE SCOPE AND ADMINISTRATION instrument or equivalent. A proposal for instrumentation and equipment specifications shall be forwarded to the enforcement agency for review and approval. The Owner of the building .shall be responsible for the implementation of the instrumentation program. Maintenance of the instru- mentation and removal /processing of the records .shall be the responsibility of the enforcement agency or its desig- nated agent. SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual permit. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application there- for to any person, firm or corporation regularly employing one or more qualified tradepersons in the building, structure or on the premises owned or operated by the applicant for the permit. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alter- ations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authori- zation for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. One -story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m2). 2. Fences not over 6 feet (1829 mm) high. 3. Oil derricks. 4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. 5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons ( 18 925 L) and the ratio of height to diameter or width does not exceed 2:1. 6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any 23 SCOPE AND ADMINISTRATION basement or story below and are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, coun- ter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R -3 occupancy that are less than 24 inches (6 10 mm) deep, do not exceed 5,000 gallons (18 925 L) and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service sys- tems. 11. Swings and other playground equipment accessory to detached one- and two - family dwellings. 12. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional sup- port of Groups R -3 and U occupancies. 13. Nonfixed and movable fixtures, cases, racks, coun- ters and partitions not over 5 feet 9 inches (1753 mm) in height. Electrical: Repairs and maintenance: Minor repair work, includ- ing the replacement of lamps or the connection of approved portable electrical equipment to approved per- manently installed receptacles. Radio and television transmitting stations: The provi- sions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equip- ment or apparatus. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: I . Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 1) 7. Self- contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less. Plumbing: The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe ( J) becomes defective and it becomes necessary to remove and replace the same with the new material, such work shall be considered as new work and a per- mit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstal- lation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 105.2.1 Emergency repairs. Where equipment replace- ments and repairs must be performed in an emergency situa- tion, the permit application shall be submitted within the next working business day to the building official. 105.2.2 Repairs. Application or notice to the building offi- cial is not required for ordinary repairs to structures, replacement of lamps or the connection of approved porta- ble electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cut- ting of any structural beam or load - bearing support, or the removal or change of any required means of egress, or rear- rangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety. 105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of genera- tion, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right. 105.3 Application for permit. To obtain a permit, the appli- cant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall: 1. Identify and describe the work to be covered by the per - nut for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section 107. 5. State the valuation of the proposed work. 24 2010 CALIFORNIA BUILDING CODE E 1� J 6. Be signed by the applicant, or the applicant's authorized agent. 7. Give such other data and information as required by the building official. 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after fil- ing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable. 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. [OSHPD 1, 2, & 41 Time limitation shall be in accordance with Title 24, Part 1, Chapter 7, Section 7 -129. 105.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issu- ance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occu- pancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is com- menced within 180 days after its issuance, or if the work autho- rized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the pro- visions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provi- sions of this code. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the pro- ject. 2010 CALIFORNIA BUILDING CODE SCOPE AND ADMINISTRATION SECTION 106 FLOOR AND ROOF DESIGN LOADS 106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN /m-), such design live loads shall be conspicuously posted by the owner in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices 106.1.] Snow Load Posting. [OSHPD 1, 2,3 & 4, DSA -SS I & DSA- SS/CC] Snow loads used in design shall be posted as for live loads. 106.1.2 Load Posting Responsibility. [OSHPD 1, 2 & 4] I I The owner or governing board shall be responsible for keeping the actual load below the allowable limits. 106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106. 1, have been installed. 106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code. SECTION 107 SUBMITTAL DOCUMENTS 107.1 General. Submittal documents consisting of construc- tion documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The constriction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the build- ing official is authorized to require additional construction doc- uments to be prepared by a registered design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of constriction documents is not necessary to obtain compliance with this code. 107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through 107.2.5. 107.2.1 Information on construction documents. Con- struction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permit- ted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indi- cate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regula- tions, as determined by the building official. 107.2.2 Fire protection system shop drawings. Shop draw- ings for the fire protection system(s) shall be submitted to indicate conformance to this code and the construction docu- ments and shall be approved prior to the start of system instal- lation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. 25 SCOPE AND ADMINISTRATION 107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means gf'egress in compli- ance with the provisions of this code. In other than occupan- cies in Groups R -2, R -3, and 1 -1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. 107.2.4 Exterior wall envelope. Constriction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, inter- sections with dissimilar materials, corners, end details, con- trol joints, intersections at roof, eaves or parapets, means of drainage, water- resistive membrane and details around Openings. The construction documents shall include manufac- turer's installation instructions that provide supporting doc- umentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used. 107.2.5 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new con- struction and existing structures on the site, distances from lot lines, the established street grades and the proposed fin- ished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construc- tion to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for per- mit is for alteration or repair or when otherwise warranted. 107.2.5.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1. 107.3 Examination of documents. The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordi- nances. 107.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building offi- cial or a duly authorized representative. 107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or des- 26 ignated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully autho- rized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 107.3.3 Phased approval. The building official is autho- rized to issue a permit for the construction of foundations or any other part of a building or structure before the construc- tion documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with perti- nent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building oper- ation and without assurance that a permit for the entire structure will be granted. 107.3.4 Design professional in responsible charge. 107.3.4.1 General. When it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit applica- tion a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the origi- nal registered design professional in responsible charge. The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinat- ing submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. 107.3.4.2 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design profes- sional in responsible charge who shall review them and forward them to the building official with a notation indi- cating that the deferred submittal documents have been reviewed and been found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal docu- ments have been approved by the building official. [OSHPD 1, 2, & 4] Deferred submittals shall be in accordance with Title 24, Part 1, Chapter 7, Section 7 -126. 2010 CALIFORNIA BUILDING CODE j II 107.4 Amended construction documents. Work shall be installed in accordance with the approved construction docu- ments, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. [OSHPD 1, 2 & 4] Change in the work shall be in accordance with Title 24, Part 1, Chapter 7, Section 7 -153. 107.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. SECTION 108 TEMPORARY STRUCTURES AND USES 108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such per- mits shall be limited as to time of service, but shall not be per- mitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. 108.2 Conformance. Temporary structures and uses shall con- form to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure public health, safety and gen- eral welfare. 108.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70. 108.4 Termination of approval. The building official is autho- rized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. SECTION 109 FEES 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. 109.2 Schedule of permit fees. On buildings, structures, elec- trical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. 109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and perma- nent systems. If, in the opinion of the building official, the valu- ation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to 2010 CALIFORNIA BUILDING CODE SCOPE AND ADMINISTRATION meet the approval of the building official. Final building permit valuation shall be set by the building official. 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the neces- sary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees. 109.5 Related fees. The payment of the fee for the construc- tion, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. 109.6 Refunds. The building official is authorized to establish a refund policy. SECTION 110 INSPECTIONS 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordi- nances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 110.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be exam- ined buildings, structures and sites for which an application has been filed. 110.3 Required inspections. The building official, upon noti- fication, shall make the inspections set forth in Sections 110.3.1 through 110.3.10. 110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job. 110.3.2 Concrete slab and under -floor inspection. Con- crete slab and under -floor inspections shall be made after in -slab or under -floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. 110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certifica- 27 SCOPE AND ADMINISTRATION tion required in Section 1612.5 shall be submitted to the building gfficial. 110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fireblocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough elec- trical, plumbing, heating wires, pipes and ducts are approved. 110.3.5 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and or board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasten- ers pe fini she tion: Gypsum board that is not part of a fire- resis- tance -rated assembly or a shear assembly. 110.3. e- an a -re an pene rations. rotec- tion of joints and penetrations in fire- resistance -rated assemblies. smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. 110.3.7 Energy efficiency inspections. Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: envelope insulation R- and U- values, fenestration U- value, duct sys- tem R- value, and HVAC and water- heating equipment effi- ciency. 1. 10.3.8 Other inspections. In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety. 110.3.9 Special inspections. For special inspections, see Section 1704. 110.3.10 Final inspection. The final inspection shall be made after all work required by the building permit is com- pleted. 110.4 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. 110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the build- ing official. SECTION 111 CERTIFICATE OF OCCUPANCY 111.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a viola- tion of the provisions of this code or of other ordinances of the jurisdiction. Exception: Certificates of occupancy are not required for work exempt from permits under Section 105.2. 111.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provi- sions of this code or other laws that are enforced by the depart- ment of building safety, the building official shall issue a certificate of occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the require- ments of this code for the occupancy and division of occupancy and the use for which the proposed occu- pancy is classified. 6. The name of the building official. 7. The edition of the code under which the permit was issued. 8. The use and occupancy, in accordance with the provi- sions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10. The design occupant load. 11. If an automatic sprinkler sYstem is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the building permit. 111.3 Temporary occupancy. The building official is autho- rized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the tempo- rary certificate of occupancy is valid. 111.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or com- pletion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect infor- mation supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. 28 2010 CALIFORNIA BUILDING CODE M J ( ) 1� SECTION 112 SERVICE UTILITIES 112.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. 112.2 Temporary connection. The building of shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. 112.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to elimi- nate an immediate hazard to life or property or when such util- ity connection has been made without the approval required by Section 112.1 or 112.2. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practi- cal thereafter. SECTION 113 BOARD OF APPEALS 113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official rela- tive to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing author- ity and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. 113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly inter- preted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code. 113.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction. SECTION 114 VIOLATIONS 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equip- ment regulated by this code, or cause same to be done, in con- flict with or in violation of any of the provisions of this code. 114.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, 2010 CALIFORNIA BUILDING CODE SCOPE AND ADMINISTRATION moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in viola- tion of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 114.4 Violation penalties. Any person who violates a provi- sion of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to pen- alties as prescribed by law. SECTION 115 STOP WORK ORDER 115.1 Authority. Whenever the building gfficial finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building gfficial is authorized to issue a stop work order. 115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. 115.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to pen- alties as prescribed by law. SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT 116.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of'egress facilities, inadequate light and ven- tilation, or which constitute a fire hazard, or are otherwise dan- gerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe. 116.2 Record. The building official shall cause a report to be filed on an unsafe condition. The report shall state the occu- pancy of the structure and the nature of the unsafe condition. 29 SCOPE AND ADMINISTRATION 116.3 Notice. If an unsafe condition is found, the building offi- cial shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order. 116.4 Method of service. Such notice shall be deemed prop- erly served if a copy thereof is (a) delivered to the owner per- sonally; (b) sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested, or (c) delivered in any other manner as prescribed by local law. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner. 116.5 Restoration. The stricture or equipment determined to be unsafe by the building official is permitted to be restored to a safe condition. To the extent that repairs, alterations or addi- tions are made or a change of occupancy occurs during the res- toration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of Section 10.2.2 and Chapter 34. 30 2010 CALIFORNIA BUILDING CODE , I : -) Updated 02/2011 Sections: 15.03.010 15.03.020 15.03.010- 15.03.020 Title 15 BUILDINGS AND CONSTRUCTION Administration Chapters: Building Code 15.03 Building Fees 15.04 15.08 15.10 15.11 t_ ' L 15.12 ,15.13 Plumbing Code 15.16 Mechanical Code 15.17 Energy Code 15.19 Fire Code ,15.20 Floodplain Management _ 15.24 Reasonable Accommodations (Fair Housing Protections for Individuals with Disabilities) 15.26 15.28 15.32 15.36 15.38 15.40 15.42 t ` 15.44 Sections: 15.03.010 15.03.020 15.03.010- 15.03.020 Title 15 BUILDINGS AND CONSTRUCTION Administration Building Code Building Fees California Elevator Safety Construction Code California Historical Building Code Electrical Code t_ ' L California Existing Building Code `y Plumbing Code Mechanical Code Energy Code Fire Code Floodplain Management Reasonable Accommodations (Fair Housing Protections for Individuals with Disabilities) Moving Buildings General Plan Revision Fees Basic Service Facility Fees Building Inspector Permit Streamlining Earthquake Hazard Reduction in Existing Unreinforced Building Occupancy Placards Chapter 15.03 ADMINISTRATION Adoption of Appendix Chapter 1, Administration Amendments to Appendix Chapter 1, Administration 15.03.010 Adoption of Appendix Chapter 1. Administration Except as otherwise provided in this Chapter, the California Building Code, Title 24, California Code of Regulations, Part 2, Volume 2, Appendix Chapter 1 "Administration," including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the Administrative Code of the City. 15.03.020 Amendments to Appendix Chapter 1. Administration The Administrative code is amended in part as follows: Section 105. Permits is amended to read as follows: 105.2(4)Work exempt from permit "Retaining walls not over three (3) feet in height measured from top of footing to top of wall, unless supporting a surcharge or impounding class I, II or IIIA liquids." 105.3.2 Time limit of application. Applications for which no permit is issued within 180 i days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the BMC Title 15: 1 Updated 02/2011 building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days on request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. \. Section[ 108. Fees is amended to read as follows: T 108.1.1, Plan Review Fees When submittal documents are required by Section 106.3.2, a plan review fee shall be paid,at the time of submitting the submittal documents for plan review. Said- plan` review fee shall be 65 percent of the building- permit fee as established by the- Building Official. f The plan review fees specified in this section are separate fees from the permit fees specified in Section 108.2 and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 106.3.4.2, an additional plan review fee shall be charged at the rate established by the Building Official. 108.4 Work commencing before permit issuance Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. `108.4.1 Investigation fee An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be equal to the minimum fee as defined in Section 108.2. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. 1 §.6.6 fee Refunds The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. BMC Title 15: 2 Updated 02/2011 The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit or which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. X108.7, Re- inspections A re- inspection fee may be assessed for each inspection or re- inspection when such portion of work or which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring re- inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re- inspection. Re- inspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. To obtain a re- inspection, the applicant shall file an application therefore in writing on a form furnished for that purpose and pay the re- inspection fee in accordance with the fee schedule adopted by the jurisdiction. In instances where re- inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. Section 109 Inspections is amended to read as follows: 109.3.0 Lathe and gypsum board inspections The exception is deleted in its entirety. BMC Title 15: 3 Updated 02/2011 15.04.010- 15.04.020 Chapter 15.04 BUILDING CODE Sections: 15.04.010 Adoption of California Building Code 15.04.020 Amendments to the California Building Code 15.04.030 Violation — Penalty 15.04.010 Adoption of California Building Code. Except as otherwise provided in this Chapter, the California Building Code, Title 24, California Code of Regulations, Part 2, Volumes 1 and 2, including, Appendix C, Group U— "Agricultural Buildings ", Appendix F "Rodent Proofing ", Appendix I "Patio Covers ", and Appendix J "Grading ", is hereby adopted by this reference as the Code for the City for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the City providing for the issuance of permits and collection of fees therefore; and each and all of the amendments to such Building Code as may hereafter be adopted by the State of California shall be made a part of this Chapter without further action by the City Council. 15.04.020 Amendments to the California Building Code. The Building Code is amended in part as follows: Chapter 18: SOILS AND FOUNDATIONS, Section 1801.1 is amended to add: "Where relevant to grading, drainage and soil investigation, `Building Official' shall also mean and include City Engineer /Director of Public works or his /her designee." Appendix "J" GRADING, Section J101.2 is amended by adding: "Wherever the word `Building Official' is used, it shall also mean and include City Engineer /Director of Public Works or his /her designee." Section J109.4 is amended to read: "Drainage across property lines. All graded lots shall drain to the street or publicly maintained facility. Cross lot drainage may be allowed at the sole discretion of the City Engineer /Director of Public Works. Drainage across property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage shall be contained onsite or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by the installation of nonerosive down drains or other devices acceptable to the City Engineer." BMC Title 15: 4 K 51 CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, April 19, 2011, at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6`h Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the following matter(s): Ordinance No. 996 An Ordinance of the City Council of the City of Beaumont, California amending Chapter 15 of the Beaumont Municipal Code Entitled "Buildings and Construction" The purpose and intent of this Ordinance is to amend Chapter 15 of the Beaumont Municipal Code, "Buildings and Construction ". A summary of recent changes by the California Building Standards Commission include: • Adoption of Part 2.5, California Residential Code • Adoption of Part 11, California Green Building Standards Code • Moved Administration portion from rear of code Appendix chapter 1, to front of code Division II Scope and Administration with some renumbering of code sections. This revision of Chapter 15 will incorporate these changes, and transfer previous local amendments into the appropriate sections. Date: 04/19/2011 Name: Laura Parmenter Title: Customer Service Coordinator Publish one time only in the Record Gazette on April 8, 2011. City of Beaumont • 550 E. 6th Street • Beaumont • CA • 92223 • (951) 769 -8520 STAFF REPORT TO: CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: SOLICITATION DATED: APRIL 19, 2011 Background 4, A review of the Beaumont Municipal Code reveals that there are no less than four Ordinances that regulate peddlers, solicitors and handbills: Chapter 5.26, entitled "Solicitation ", enacted in 1988; Chapter 5.64, entitled "Commercial Peddlers, Solicitors and Itinerant Merchants" enacted in 2007; Chapter 8.28, entitled "Handbill Distribution ", enacted in 1972; and Chapter 9.36, entitled "Panhandling, Soliciting and Aggressive Solicitation ", enacted in 2008. Properly, none of these Chapters regulate non - profit, political or religious activities, and that is intentional. They only regulate commercial activities. However, Chapter 5.26 overlaps the other three Chapters and is causing confusion in the administration of these issues. Ignoring Chapter 5.26 for a moment, the other Chapters (5.64 [with slight amendment to clarify its application to solicitors], 8.28 and 9.36) are capable of addressing and resolving these issues: 1. Church groups and political canvassers: they are unregulated and should be unregulated. 2. Girl Scouts, AYSO and all other non - profit organizations: they are not commercial enterprises. Selling candy and cookies involves solicitation and money, but that does not make such groups commercial operations. It is a mistake to interpret our Ordinances to include non - profits as commercial operations. Therefore, they are unregulated and should be unregulated. 3. Distribution of commercial flyers and handbills is flatly prohibited, and by definition the prohibition excludes non - profit, religious and political flyers and handbills. While the litter and crime issues associated with non - profit, political and religious flyers and handbills is not eliminated, the low risk associated with such activities is not sufficient to override First Amendment freedom. As for purely commercial solicitation, although STAFF REPORT TO: CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: SOLICITATION DATED: APRIL 19, 2011 Page 2 door -to -door solicitation (with flyers and handbills) is regulated by permit, it can be performed without a permit and at less cost by mail at a bulk rate. Recommendation Staff recommends that Chapter 5.26 be repealed as unnecessary and confusing and that Chapter 5.64 be slightly amended to clarify its application to solicitors. Therefore, it is recommended that Ordinance No. 992 be adopted for that purpose. ORDINANCE NO. 992 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA REPEALING SECTION 5.26 "SOLICITATION" OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Ordinance 660, codified as Chapter 5.26, entitled "Solicitation ", is hereby repealed in its entirety. Section 2: Ordinance 919, codified as Chapter 5.64, is hereby amended in its entirety to read as set forth on Exhibit "A ", attached hereto. Section 3: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this day of , 2011, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this day of , 2011, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF BEAUMONT I: 01 6 Mu City Clerk BRIAN DEFORGE, Mayor CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 992 duly introduced at a regular meeting of the City Council of the City of Beaumont held on , 2011, and was duly adopted upon a second reading on , 2011, by the roll call votes indicated therein. CITY OF BEAUMONT (SEAL) Deputy City Clerk Chapter 5.64 COMMERCIAL PEDDLERS, SOLICITORS AND ITINERANT MERCHANTS Sections: 5.64.010 Definitions. 5.64.020 Applicability of Chapter. 5.64.030 Peddling and Soliciting on Certain Premises Prohibited. 5.64.040 Peddler, Solicitor and Itinerant Merchant Permit Required. 5.64.050 Permit Procedures. 5.64.060 Issuance of Permit. 5.64.070 Denial of Permit. 5.64.080 Revocation of Permit. 5.64.090 Police Chiefs Power to Order Cessation of Business. 5.64.100 Appeal of Permit Denial, Revocation or Suspension. 5.64.110 Peddler, Solicitor or Itinerant Merchant Permittee Responsibility. 5.64.120 Peddling or Soliciting From Fixed Location Prohibited. 5.64.130 Conditions of Peddler, Solicitor or Itinerant Merchant Permit. 5.64.140 Hours of Operation. 5.64.150 ID Display Requirements. 5.64.160 Garbage Disposal. 5.64.170 Noise Requirements. 5.64.180 Parking and Stopping Restrictions -Motor Vehicle -Based and Mobile Unit Peddlers, Solicitors and Itinerant Merchants. 5.64.190 Interstate Commerce. 5.64.200 Violations — Penalties. 5.64.210 Seizure of Goods. 5.64.220 Procedure for Release of Perishable Goods. 5.64.010 Definitions. Words and phrases not specifically defined in this section shall be construed according to the context and approved usage of the language. "Itinerant merchant" means any person who engages in a temporary business of selling and delivering goods, wares, or merchandise within the City, and who, in furtherance of such purpose, hires, leases, uses, or occupies any building structure, motor vehicle, tent, public rooms in hotels, lodging houses, apartments, shops, or any street alley, or other place within the City, for the exhibition and sale of such goods, wares, or merchandise, either privately or at public auction; provided that any person so engaged shall not be relieved from complying with the provisions of this Chapter merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant, or auctioneer. "Mobile unit" means any vehicle, truck, trailer, cart, pushcart, wagon, bicycle, dray, conveyance or structure on wheels, not firmly fixed to a permanent foundation, which is not required to have a license to operate issued by the California Department of Motor Vehicles. "Motor vehicle" means any automobile, truck, trailer or other conveyance requiring a license issued by the California Department of Motor Vehicles. "Peddler," for purposes of this Chapter, means any person traveling by foot, motor vehicle, mobile unit or any other type of conveyance from place to place conveying or transporting goods, wares, merchandise, foods, farm products, or provisions, or personal property of any nature whatsoever, and hawking or offering and exposing the same for sale, soliciting or taking or attempting to take orders for the same or for services to be furnished or performed in the future, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer or solicit or taking or attempting to take orders for the same for sale from a motor vehicle or mobile unit. "Peddling" means the act of being a peddler. "Permittee" means the holder of a peddler or itinerant merchant permit. "Person" means any natural person, corporation, association, co- partnership, or any other organization however organized. "Solicitor," for purposes of this Chapter, means any person who, for commercial purposes or causes, travels either by foot, motor vehicle, mobile unit or any other type of conveyance, from place to place taking or attempting to take orders for the sale of goods, wares, merchandise, foods, farm products, or provisions, or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, or whose activities may, in any way, result in such sale or the furnishing of such services, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sale or not. (Ord. No. 919, § 1,8- 21 -07) 5.64.020 Applicability of Chapter. A. Exemptions. 1. There shall be exempted from the prohibitions of this Chapter the activities of solicitors and peddlers selling and soliciting sales of newspapers from sidewalks abutting on public streets, except that no such solicitor or peddler shall offer newspapers for sale to passing motorists unless from a location adjacent to a clear, twenty -foot zone of curbside where private motor vehicles may legally stop for the loading and unloading of passengers. Notwithstanding any of the foregoing, a peddler or solicitor may not sell or solicit sales of newspapers in a place or manner which would unreasonably interfere with or obstruct the flow of pedestrian or motor vehicle traffic. 2. Peddlers, solicitors and itinerant merchants shall be exempt from the provisions of this Chapter when participating in an event subject and pursuant to a special events permit, street closure permit, or any other permit specifically authorizing such activity, issued by the City. 3. Garage or yard sales on private property shall be exempt from the provisions of this Chapter, except that the provisions of Section 5.08.11 0 shall apply to any such activities. B. Compliance by Existing Licensees. The provisions of this Chapter shall apply to any and all currently - permitted and /or licensed commercial peddlers, solicitors, and itinerant merchants by the City, who shall apply for, and obtain a permit in accordance with the provisions of this Chapter within ninety (90) days of its effective date. (Ord. No. 919, § 1,8-21-07) 5.64.030 Peddling and Solicitina on Certain Premises Prohibited. No peddler or solicitor nor any person pretending to be a peddler or solicitor, whether otherwise regulated by this Chapter or not, shall ring the bell or knock at any building whereon there is printed or affixed or otherwise displayed to public view any sign containing any or all of the following prohibitions: "No Peddlers," "No Solicitors," or "No Agents," or which otherwise purports to prohibit peddling or soliciting on such premises; provided that this prohibition shall not apply when a peddler or solicitor has an appointment with the occupants of such building. (Ord. No. 919, § 1,8- 21 -07) 5.64.040 Peddler, Solicitor and Itinerant Merchant Permit Required. It shall be unlawful for a person to engage in the business or activities of peddler, solicitor or itinerant merchant within the City except pursuant to and in strict compliance with a valid permit issued by the chief of police or his designee as provided in this Chapter. It shall be unlawful for any peddler, solicitor or itinerant merchant permittee to allow or tolerate any person who does not also have a peddler, solicitor or itinerant merchant permit to work for or under the direction of, or on behalf of, or as an agent of the permittee. The requirements for a permit under this Chapter shall be in addition to requirements of Title 5 of this Code relating to business licenses. (Ord. No. 919, § 1,8- 21 -07) 5.64.050 Permit Procedures. A. Permit- Application. Every application for a peddler, solicitor or itinerant merchant permit under this Chapter shall be made on a form provided by the chief of police or his designee, and shall contain the following information: 1. Name, mailing address, home address, and telephone number of applicant. 2. Presentation of a California driver's license, if any, or other photographic identification issued by a state or United States federal agency establishing the applicant's age as eighteen (18) or older. 3. Two (2) recent portrait photographs that clearly and accurately depict the applicant's current facial features. 4. The name under which the peddler, solicitor or itinerant merchant business or activity will be conducted, the address and telephone number of such business, and the name of the business owner. 5. A description of the goods, wares, merchandise, products, or any other thing or representation of value on consignment which will be the subject of the applicant's peddling or itinerant merchant business or activity. 6. A description of the logo, color scheme, insignia, and any other distinguishing characteristics of any motor vehicle or mobile unit to be used in the applicant's business or activities, including the license plate state and number for any motor vehicle. 7. The permit history of the applicant for the three -year period immediately preceding the date of the filing of the application, including whether the applicant has operated under any other business name or has ever had any similar license or permit revoked or suspended or has been convicted of a violation of this Chapter, and if so, the circumstances of such suspension, revocation or conviction. 8. The applicant's consent to a fingerprint check by the chief of police or his designee. 9. A statement as to whether or not applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than traffic violations, within the immediately preceding ten (10) years, and the nature of each such offense and the punishment or penalty assessed therefor. 10. A health permit, if required by the County of Riverside, issued by the County Health Department. 11. Evidence of motor vehicle insurance. 12. A permit fee in an amount established by the City Council. B. Permit -Term. Any peddler, solicitor or itinerant merchant permit issued pursuant to this Chapter shall be valid for a period of one (1) year from the date of issuance. (Ord. No. 919, § I, 8- 21 -07) 5.64.060 Issuance of Permit. The chief of police or his designee shall grant the peddler, solicitor or itinerant merchant permit within ten (10) days after receiving the completed application if he or she finds that all of the following requirements have been met: A. The required fees have been paid. B. The application conforms in all respects to the provisions of this Chapter. C. The applicant has not made a material misrepresentation of fact in the application. D. The applicant has not had a similar permit or license denied or revoked by the City within one (1) year prior to the date of the application. E. The applicant has not been convicted, during the three -year period immediately preceding the issuance of the permit, of any offenses involving moral turpitude or dishonesty, including but not limited to: 1. Burglary [Cal. Penal Code § 459]. 2. Robbery [Cal. Penal Code § 211 ]. 3. Theft [Cal. Penal Code § 484]. 4. Fraud or misrepresentation [Cal. Penal Code §§ 531, 532]. 5. Receiving, possession or sale of stolen goods [Cal. Penal Code § 496]. 6. Any felony offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, a peddler, solicitor or itinerant merchant business or activity. F. The applicant has obtained any other applicable City or county permits, including any City or county health permit required for the preparation and sale of food products. G. The applicant has obtained a valid City business license and paid the appropriate business license fee. (Ord. No. 919, § 1,8- 21 -07) 5.64.070 Denial of Permit. If the chief of police or his designee finds that all the requirements of Section 5.64.060 have not been met, he or she shall deny the application for the peddler, solicitor or itinerant merchant permit. Written notification of denial of the permit application, setting forth the grounds for denial, shall be served on the applicant by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the applicant at his or her mailing address as set forth in the permit application. Notice of denial of the application shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. (Ord. No. 919, § 1,8- 21 -07) 5.64.080 Revocation of Permit. Any peddler, solicitor or itinerant merchant permit may be revoked by the chief of police for good cause shown including but not limited to any of the following reasons: A. Falsification of any information supplied by the permittee upon which issuance of the permit was based. B. Failure of the permittee or any employees or agents of the permittee to comply with the regulations set forth in this Chapter. C. The permittee's conviction at any time of any offense involving moral turpitude or dishonesty, including but not limited to any of the following: I. Burglary [Cal. Penal Code § 459]. 2. Robbery [Cal. Penal Code § 211 ]. 3. Theft [Cal. Penal Code § 484]. 4. Fraud or misrepresentation [Cal. Penal Code §§ 531,532]. 5. Receiving, possession or sale of stolen goods [Cal. Penal Code § 496]. 6. Any felony offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, a peddler, solicitor or itinerant merchant business or activity. D. Written notification of revocation of the permit, setting forth the grounds for the revocation, shall be served on the permittee by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the permittee at his or her mailing address as set forth in the permit application. Notice of revocation of the permit shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. (Ord. No. 919, § 1,8- 21 -07) 5.64.090 Police Chiefs Power to Order Cessation of Business. Notwithstanding anything in this Chapter to the contrary, the chief of police shall have the authority to order the immediate cessation of peddling, soliciting or itinerant merchant activities upon revocation of a permit under this section if he or she deems it reasonably necessary for the preservation of the public health, safety or welfare. Prior to an action to require the immediate cessation of any such business, or within twenty -four (24) hours following such action, the chief of police shall issue a written notice to the permittee setting forth in detail the basis for such action. (Ord. No. 919, § 1,8- 21 -07) 5.64.100 Appeal of Permit Denial, Revocation or Suspension. A. Any applicant for a peddler, solicitor or itinerant merchant permit, or a permittee, shall have the right to appeal from a decision by the chief of police to deny a permit application or to revoke a permit, by filing with the city clerk a written notice of appeal, specifying the grounds for such appeal, within fifteen (15) days after the decision has been served on the applicant or permittee. Such appeal shall be heard by the City Manager or by an administrative hearing officer designated by or at the request of the City Manager, upon not less than fifteen (15) days' written notice to the appellant. The City Manager or the designated administrative hearing officer shall consider all relevant evidence at the hearing, continue the hearing for good cause, and require such legal briefing as may be required to address any issues raised by the appeal. Within a reasonable time, but not more than thirty (30) days following the conclusion of the hearing, the City Manager or the designated administrative hearing officer shall issue a written decision affirming, denying or modifying the decision from which the appeal was taken, supported by factual findings and determinations referenced by supporting evidence. The decision of the City Manager or designated administrative hearing officer shall be final. The written decision shall be served on the appellant as provided in Code of Civil Procedure Section 1094.6(b), with a copy submitted to the city clerk. The written decision shall include a notice to the appellant that the decision is subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6. Except as provided in Section 5.64.090, if a timely appeal is filed, any revocation shall be stayed pending the decision of the City Manager. Otherwise, the revocation shall become effective immediately upon expiration of the period for filing an appeal. B. No person whose permit is finally denied or revoked shall be eligible to apply for a new permit for a period of one (1) year following such final action. (Ord. No. 919, § 1,8- 21 -07) 5.64.110 Peddler. Solicitor or Itinerant Merchant Permittee Responsibility. The act or omission of any peddler, solicitor or itinerant merchant permittee's partner, owner, associate, director, manager, officer, agent or employee shall be deemed for all purposes under this Chapter to be the act or omission of the peddler, solicitor or itinerant merchant permittee regulated by this Chapter. (Ord. No. 919, § 1,8-21-07) 5.64.120 Peddling or Soliciting From Fixed Location Prohibited. It shall be unlawful for any person to operate a peddler, solicitor or itinerant merchant business from a fixed location in or on any public street, sidewalk, parking lot, right -of -way, city plaza, or other public property unless permitted in accordance with this Chapter. (Ord. No. 919, § 1,8- 21 -07) 5.64.130 Conditions of Peddler. Solicitor or Itinerant Merchant Permit. A. Each peddler, solicitor or itinerant merchant permit issued by the chief of police or his designee shall be subject to the terms and conditions set forth in this Chapter, and any additional conditions deemed reasonably necessary by the chief of police for the protection of the public health, safety or welfare. B. The provisions of this Chapter shall constitute operating regulations conditioning each and every permit hereunder. It shall be unlawful for any person to engage in a peddler, solicitor or itinerant merchant business or activity in violation of these provisions. C. Notwithstanding anything in this Chapter to the contrary, no peddler, solicitor or itinerant merchant shall operate or conduct his or her business or activity in a place or manner which would unreasonably interfere with or obstruct the flow of pedestrian or motor vehicle traffic in or on any street, alley or sidewalk, or which would unreasonably obstruct vehicular sight distances. (Ord. No. 919, § 1,8- 21 -07) 5.64.140 Hours of Operation. No person shall engage in a peddler, solicitor or itinerant merchant business or activity upon any private place, or any street, sidewalk, right -of -way, or other public place in the City between the hours of nine p.m. (9:00 p.m.) or one -half (1/2) hour after sunset, whichever comes first, and eight a.m. (8:00 a.m.) of the following day. (Ord. No. 919, § 1, 8- 21 -07) 5.64.150 ID Display Requirements. A. Each person who is engaged in a peddler, solicitor or itinerant merchant business or activity shall, at all times while so engaged, wear in plain sight on his or her person an identification (ID) card, provided by the chief of police or his designee, containing such information, including a suitable photograph, as the chief of police or his designee may require. The ID card shall be worn on the person's outermost garment, with the picture facing outward. B. Each person who is engaged in a peddler, solicitor or itinerant merchant business or activity shall, at all times while so engaged, have affixed in a conspicuous place on each motor vehicle or mobile unit being used in such business or activity, an identifying placard or other identifying emblem, to be provided by the chief of police or his designee. (Ord. No. 919, § 1, 8- 21 -07) 5.64.160 Garbage Disposal. No peddler, solicitor or itinerant merchant shall discard or deposit, or cause or allow to be discarded or deposited by any customer or person solicited, any garbage, sewage or any other waste materials or products onto any public or private property or into any public or private storm drain system. All motor vehicles and mobile units being used in a peddler, solicitor or itinerant merchant business or activity shall be equipped with trash receptacles large enough to contain all refuse generated by the operation of such motor vehicle or mobile unit. (Ord. No. 919, § 1,8-21-07) 5.64.170 Noise Requirements. Any person engaged in a peddler, solicitor or itinerant merchant business shall comply with all applicable noise regulations. (Ord. No. 919, § 1,8- 21 -07) 5.64.180 Parking and Stopping Restrictions -Motor Vehicle -Based and Mobile Unit Peddlers. Solicitors and Itinerant Merchants. A. It shall be unlawful for any motor vehicle -based or mobile unit peddler, solicitor or itinerant merchant to: 1. Permit any motor vehicle or mobile unit from which his or her business is being conducted to remain standing or stopped, for purposes of conducting said business, at any place on a public street, sidewalk, parking lot, right -of -way, or other public place, or within five hundred (500) feet thereof, for a total period of time exceeding fifteen (15) minutes within any two -hour period. 2. Make any stop, for the purpose of making or soliciting any sale upon any public street, sidewalk, right -of -way, or other public place, within five hundred (500) feet, measured along the traveled way of any public street or streets, of any school property. B. It shall be unlawful for any motor vehicle -based or mobile unit peddler, solicitor or itinerant merchant to conduct his or her business or activity from any motor vehicle or mobile unit upon any public street except from or at the side of such motor vehicle which is nearest to the curb of such street. C. No motor vehicle -based or mobile unit peddler, solicitor or itinerant merchant shall stop to conduct his or her business or activity from a motor vehicle or mobile unit within two hundred (200) feet of another motor vehicle -based or mobile unit peddler, solicitor or itinerant merchant who has already stopped to conduct business. (Ord. No. 919, § 1,8-21-07) 5.64.190 Interstate Commerce. None of the fees provided for by this Chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a fee is believed by a peddler, solicitor or itinerant merchant to place an undue burden on interstate commerce, he or she may apply to the City Manager, before or up to six (6) months following payment of the fee, for an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to such commerce. The applicant shall, by affidavit and supporting evidence, show his or her method of business and the gross volume or estimated gross volume of business, and other information as required by the City Manager to determine the extent of the burden on interstate commerce. The decision of the City Manager may be appealed to the City Council. (Ord. No. 919, § 1, 8- 21 -07) 5.64.200 Violation — Penalty In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Chapter 1.17 or shall be guilty of an infraction pursuant to Beaumont Municipal Code Chapter 1.16. In either case, the amount of the fine shall be the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Section 1.16.040. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor, punishable by a fine of $1,000.00, or six (6) months in jail, or both. 5.64.210 Seizure of Goods. Upon the citation or arrest of any person for violation of Section 5.64.040 of this Chapter, the City may seize and impound all perishable and nonperishable goods in the possession of the unlicensed peddler, solicitor or itinerant merchant. "Goods" means any consumable items, foods, beverages, merchandise or wares, being offered for sale. "Perishable" means any item or items that spoil, perish or decay rapidly; or are likely to spoil, perish or decay rapidly if not refrigerated, including but not limited to food, beverages and flowers. (Ord. No. 919, § I, 8- 21 -07) 5.64.220 Procedure for Release of Perishable Goods. A. Following citation or arrest pursuant to Section 5.64.040 of this Chapter, the unlicensed peddler, solicitor or itinerant merchant shall sign a declaration, which shall declare, under penalty of perjury, the name and contact information of the rightful owner of the seized goods. B. The City shall make a reasonable attempt to contact the rightful owner of any seized perishable goods, if other than the peddler, solicitor or itinerant merchant arrested or cited, in order to provide that owner with an opportunity to retrieve the goods within twenty -four (24) hours. The rightful owner, as set forth in the declaration described in subsection A. of this section, must present valid identification to the City before the City will release any seized goods. C. If the unlicensed peddler, solicitor or itinerant merchant claims to be the rightful owner of the seized perishable goods, such peddler, solicitor or itinerant merchant must present valid identification to the City, and must sign the declaration described in subsection A. of this section declaring himself or herself to be the rightful owner. In such case, the City shall provide such peddler, solicitor or itinerant merchant the opportunity to either: 1. Contact, with one (1) phone call (which one (1) phone call shall be in addition to any other phone calls permitted by law to an arrestee), another individual to pick up the seized perishable goods within twenty -four (24) hours; or 2. Sign a release allowing the City to immediately dispose of or donate any seized perishable goods if the goods cannot be picked up within twenty -four (24) hours. D. Prior to releasing, disposing or donating any perishable goods seized pursuant to Section 5.64.210 of this Chapter, the City shall inspect, and take photographs and any necessary samples of such goods to maintain as evidence. E. Any perishable goods not retrieved within twenty -four (24) hours shall be immediately donated or discarded by the City, with no liability to the City for such action. F. Nothing contained in this Chapter shall limit the authority of the City to cite the owner of the seized goods for violations of this Code. G. The police chief may adopt reasonable rules and regulations, not inconsistent with this Chapter, in order to implement this section. (Ord. No. 919, § 1,8- 21 -07) Chapter 5.64 COMMERCIAL PEDDLERS, SOLICITORS AND ITINERANT MERCHANTS Sections: 5.64.010 Definitions. 5.64.020 Applicability of Chapter. 5.64.030 Peddling and Soliciting on Certain Premises Prohibited. 5.64.040 Peddler, Solicitor and Itinerant Merchant Permit Required. 5.64.050 Permit Procedures. 5.64.060 Issuance of Permit. 5.64.070 Denial of Permit. 5.64.080 Revocation of Permit. 5.64.090 Police Chiefs Power to Order Cessation of Business. 5.64.100 Appeal of Permit Denial, Revocation or Suspension. 5.64.110 Peddler, Solicitor or Itinerant Merchant Permittee Responsibility. 5.64.120 Peddling or Soliciting From Fixed Location Prohibited. 5.64.130 Conditions of Peddler, Solicitor or Itinerant Merchant Permit. 5.64.140 Hours of Operation. 5.64.150 ID Display Requirements. 5.64.160 Garbage Disposal. 5.64.170 Noise Requirements. 5.64.180 Parking and Stopping Restrictions -Motor Vehicle -Based and Mobile Unit Peddlers, Solicitors and Itinerant Merchants. 5.64.190 Interstate Commerce. 5.64.200 Violations= and Penalties. 5.64.210 Seizure of Goods. 5.64.220 Procedure for Release of Perishable Goods. 5.64.010 Definitions. Words and phrases not specifically defined in this section shall be construed according to the context and approved usage of the language. As used in this Chapter: "Itinerant merchant;" means any person who engages in a temporary business of selling and delivering goods, wares, or merchandise within the City, and who, in furtherance of such purpose, hires, leases, uses, or occupies any building structure, motor vehicle, tent, public rooms in hotels, lodging houses, apartments, shops, or any street alley, or other place within the City, for the exhibition and sale of such goods, wares, or merchandise, either privately or at public auction; provided that any person so engaged shall not be relieved from complying with the provisions of this Chapter merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant, or auctioneer. "Mobile unit" means any vehicle, truck, trailer, cart, pushcart, wagon, bicycle, dray, conveyance or structure on wheels, not firmly fixed to a permanent foundation, which is not required to have a license to operate issued by the California Department of Motor Vehicles. "Motor vehicle" means any automobile, truck, trailer or other conveyance requiring a license issued by the California Department of Motor Vehicles. "Peddler," for purposes of this Chapter, means any person traveling by foot, motor vehicle, mobile unit or any other type of conveyance from place to place conveying or transporting goods, wares, merchandise, foods, farm products, or provisions, or personal property of any nature whatsoever, and hawking or offering and exposing the same for sale, soliciting or taking or attempting to take orders for the same or for services to be furnished or performed in the future, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer or solicit or taking or attempting to take orders for the same for sale from a motor vehicle or mobile unit. "Peddling" means the act of being a peddler. "Permittee" means the holder of a peddler or itinerant merchant permit. "Person" means any natural person, corporation, association, co- partnership, or any other organization however organized. "Solicitor," for purposes of this Chapter, means any person who, for commercial purposes or causes, travels either by foot, motor vehicle, mobile unit or any other type of conveyance, from place to place taking or attempting to take orders for the sale of goods, wares, merchandise, foods, farm products, or provisions, or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, or whose activities may, in any way, result in such sale or the furnishing of such services, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sale or not. (Ord. No. 919, § 1,8- 21 -07) 5.64.020 Applicability of Chapter. A. Exemptions. 1. There shall be exempted from the prohibitions of this Chapter the activities of solicitors and peddlers selling and soliciting sales of newspapers from sidewalks abutting on public streets, except that no such solicitor or peddler shall offer newspapers for sale to passing motorists unless from a location adjacent to a clear, twenty -foot zone of curbside where private motor vehicles may legally stop for the loading and unloading of passengers. Notwithstanding any of the foregoing, a peddler or solicitor may not sell or solicit sales of newspapers in a place or manner which would unreasonably interfere with or obstruct the flow of pedestrian or motor vehicle traffic. 2. Peddlers, solicitors and itinerant merchants shall be exempt from the provisions of this Chapter when participating in an event subject and pursuant to a special events permit, street closure permit, or any other permit specifically authorizing such activity, issued by the City. 3. Garage or yard sales on private property shall be exempt from the provisions of this Chapter, except that the provisions of Section 5.08.11 0 shall apply to any such activities. 4. ReddleFS OF 60"GitO door to door peddling OF 69liGitation shall 5.64.030 shall apply to any 6UGh ivities: B. Compliance by Existing Licensees. The provisions of this Chapter shall apply to any and all currently- permitted and/or licensed commercial peddlers, solicitors, and itinerant merchants by the City, who shall apply for, and obtain a permit in accordance with the provisions of this Chapter within ninety (90) days of its effective date. (Ord. No. 919, § 1,8- 21 -07) 5.64.030 Peddling and Soliciting on Certain Premises Prohibited. No peddler or solicitor nor any person pretending to be a peddler or solicitor, whether otherwise regulated by this Chapter or not, shall ring the bell or knock at any building whereon there is printed or affixed or otherwise displayed to public view any sign containing any or all of the following prohibitions: "No Peddlers," "No Solicitors," or "No Agents," or which otherwise purports to prohibit peddling or soliciting on such premises; provided that this prohibition shall not apply when a peddler or solicitor has an appointment with the occupants of such building. (Ord. No. 919, § 1,8- 21 -07) 5.64.040 Peddler. Solicitor and Itinerant Merchant Permit Required. It Formatted: Font: Bold, underline shall be unlawful for a person to engage in the business or activities of peddler, solicitor or itinerant merchant within the City except pursuant to and in strict compliance with a valid permit issued by the chief of police or his designee as provided in this Chapter. It shall be unlawful for any peddler, solicitor or itinerant merchant permittee to allow or tolerate any person who does not also have a peddler, solicitor or itinerant merchant permit to work for or under the direction of, or on behalf of, or as an agent of the permittee. The requirements for a permit under this Chapter shall be in addition to requirements of Title 5 of this Code relating to business licenses. (Ord. No. 919, § 1,8- 21 -07) 5.64.050 Permit Procedures. A. Permit - Application. Every application for a peddler, solicitor or itinerant merchant permit under this Chapter shall be made on a form provided by the chief of police or his designee, and shall contain the following information: 1. Name, mailing address, home address, and telephone number of applicant. 2. Presentation of a California driver's license, if any, or other photographic identification issued by a state or United States federal agency establishing the applicant's age as eighteen (18) or older. 3. Two (2) recent portrait photographs that clearly and accurately depict the applicant's current facial features. 4. The name under which the peddler, solicitor or itinerant merchant business or activity will be conducted, the address and telephone number of such business, and the name of the business owner. 5. A description of the goods, wares, merchandise, products, or any other thing or representation of value on consignment which will be the subject of the applicant's peddling or itinerant merchant business or activity. 6. A description of the logo, color scheme, insignia, and any other distinguishing characteristics of any motor vehicle or mobile unit to be used in the applicant's business or activities, including the license plate state and number for any motor vehicle. 7. The permit history of the applicant for the three -year period immediately preceding the date of the filing of the application, including whether the applicant has operated under any other business name or has ever had any similar license or permit revoked or suspended or has been convicted of a violation of this Chapter, and if so, the circumstances of such suspension, revocation or conviction. 8. The applicants consent to a fingerprint check by the chief of police or his designee. 9. A statement as to whether or not applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than traffic violations, within the immediately preceding ten (10) years, and the nature of each such offense and the punishment or penalty assessed therefor. 10. A health permit, if required by the County of Riverside, issued by the County Health Department. 11. Evidence of motor vehicle insurance. 12. A permit fee in an amount established by the City Council. B. Permit -Term. Any peddler, solicitor or itinerant merchant permit issued pursuant to this Chapter shall be valid for a period of one (1) year from the date of issuance. (Ord. No. 919, § I, 8- 21 -07) 5.64.060 Issuance of Permit. The chief of police or his designee shall grant the peddler, solicitor or itinerant merchant permit within ten (10) days after receiving the completed application if he or she finds that all of the following requirements have been met: A. The required fees have been paid. B. The application conforms in all respects to the provisions of this Chapter. C. The applicant has not made a material misrepresentation of fact in the application. D. The applicant has not had a similar permit or license denied or revoked by the City within one (1) year prior to the date of the application. E. The applicant has not been convicted, during the three -year period immediately preceding the issuance of the permit, of any offenses involving moral turpitude or dishonesty, including but not limited to: 1. Burglary [Cal. Penal Code § 459]. 2. Robbery [Cal. Penal Code § 211]. 3. Theft [Cal. Penal Code § 484]. 4. Fraud or misrepresentation [Cal. Penal Code §§ 531, 532]. 5. Receiving, possession or sale of stolen goods [Cal. Penal Code § 496]. 6. Any felony offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, a peddler, solicitor or itinerant merchant business or activity. F. The applicant has obtained any other applicable City or county permits, including any City or county health permit required for the preparation and sale of food products. G. The applicant has obtained a valid City business license and paid the appropriate business license fee. (Ord. No. 919, § 1,8- 21 -07) 5.64.070 Denial of Permit. If the chief of police or his designee finds that all the requirements of Section 5.64.060 have not been met, he or she shall deny the application for the peddler, solicitor or itinerant merchant permit. Written notification of denial of the permit application, setting forth the grounds for denial, shall be served on the applicant by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the applicant at his or her mailing address as set forth in the permit application. Notice of denial of the application shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. (Ord. No. 919, § 1,8- 21 -07) 5.64.080 Revocation of Permit Any peddler, solicitor or itinerant merchant permit may be revoked by the chief of police for good cause shown including but not limited to any of the following reasons: A. Falsification of any information supplied by the permittee upon which issuance of the permit was based. B. Failure of the permittee or any employees or agents of the permittee to comply with the regulations set forth in this Chapter. C. The permittee's conviction at any time of any offense involving moral turpitude or dishonesty, including but not limited to any of the following: I. Burglary [Cal. Penal Code § 459). 2. Robbery [Cal. Penal Code § 211 J. 3. Theft [Cal. Penal Code § 484]. 4. Fraud or misrepresentation [Cal. Penal Code §§ 531,532]. 5. Receiving, possession or sale of stolen goods [Cal. Penal Code § 496]. 6. Any felony offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, a peddler, solicitor or itinerant merchant business or activity. D. Written notification of revocation of the permit, setting forth the grounds for the revocation, shall be served on the permittee by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the permittee at his or her mailing address as set forth in the permit application. Notice of revocation of the permit shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. (Ord. No. 919, § 1,8- 21 -07) 5.64.090 Police Chiefs Power to Order Cessation of Business. Notwithstanding anything in this Chapter to the contrary, the chief of police shall have the authority to order the immediate cessation of peddling, soliciting or itinerant merchant activities upon revocation of a permit under this section if he or she deems it reasonably necessary for the preservation of the public health, safety or welfare. Prior to an action to require the immediate cessation of any such business, or within twenty-four (24) hours following such action, the chief of police shall issue a written notice to the permittee setting forth in detail the basis for such action. (Ord. No. 919, § 1,8- 21 -07) 5.64.100 Appeal of Permit Denial, Revocation or Suspension. A. Any applicant for a peddler, solicitor or itinerant merchant permit, or a permittee, shall have the right to appeal from a decision by the chief of police to deny a permit application or to revoke a permit, by filing with the city clerk a written notice of appeal, specifying the grounds for such appeal, within fifteen (15) days after the decision has been served on the applicant or permittee. Such appeal shall be heard by the City Manager or by an administrative hearing officer designated by or at the request of the City Manager, upon not less than fifteen (15) days' written notice to the appellant. The City Manager or the designated administrative hearing officer shall consider all relevant evidence at the hearing, continue the hearing for good cause, and require such legal briefing as may be required to address any issues raised by the appeal. Within a reasonable time, but not more than thirty (30) days following the conclusion of the hearing, the City Manager or the designated administrative hearing officer shall issue a written decision affirming, denying or modifying the decision from which the appeal was taken, supported by factual findings and determinations referenced by supporting evidence. The decision of the City Manager or designated administrative hearing officer shall be final. The written decision shall be served on the appellant as provided in Code of Civil Procedure Section 1094.6(b), with a copy submitted to the city cleric. The written decision shall include a notice to the appellant that the decision is subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6. Except as provided in Section 5.64.090, if a timely appeal is filed, any revocation shall be stayed pending the decision of the City Manager. Otherwise, the revocation shall become effective immediately upon expiration of the period for filing an appeal. B. No person whose permit is finally denied or revoked shall be eligible to apply for a new permit for a period of one (1) year following such final action. (Ord. No. 919, § 1,8- 21 -07) 5.64.110 Peddler Solicitor or Itinerant Merchant Permittee Formatted: Font: Bold Responsibility. The act or omission of any peddler, solicitor or itinerant merchant permittee's partner, owner, associate, director, manager, officer, agent or employee shall be deemed for all purposes under this Chapter to be the act or omission of the peddler, solicitor or itinerant merchant permittee regulated by this Chapter. (Ord. No. 919, § 1,8- 21 -07) 5.64.120 Peddling or Soliciting From Fixed Location Prohibited. It shall be unlawful for any person to operate a peddler, solicitor or itinerant merchant business from a fixed location in or on any public street, sidewalk, parking lot, right -of -way, city plaza, or other public property unless permitted in accordance with this Chapter. (Ord. No. 919, § 1,8-21-07) 5.64.130 Conditions of Peddler Solicitor or Itinerant Merchant Permit. Formatted: Font: Boa A. Each peddler, solicitor or itinerant merchant permit issued by the chief of police or his designee shall be subject to the terms and conditions set forth in this Chapter, and any additional conditions deemed reasonably necessary by the chief of police for the protection of the public health, safety or welfare. B. The provisions of this Chapter shall constitute operating regulations conditioning each and every permit hereunder. It shall be unlawful for any person to engage in a peddler, solicitor or itinerant merchant business or activity in violation of these provisions. C. Notwithstanding anything in this Chapter to the contrary, no peddler, solicitor or itinerant merchant shall operate or conduct his or her business or activity in a place or manner which would unreasonably interfere with or obstruct the flow of pedestrian or motor vehicle traffic in or on any street, alley or sidewalk, or which would unreasonably obstruct vehicular sight distances. (Ord. No. 919, § 1,8- 21 -07) 5.64.140 Hours of Operation. No person shall engage in a peddler, solicitor or itinerant merchant business or activity upon any private place, or any street, sidewalk, right -of -way, or other public place in the City between the hours of nine p.m. (9:00 p.m.) or one -half (1/2) hour after sunset, whichever comes first, and eight a.m. (8:00 a.m.) of the following day. (Ord. No. 919, § 1, 8- 21 -07) 5.64.150 ID Display Requirements. A. Each person who is engaged in a peddler, solicitor or itinerant merchant business or activity shall, at all times while so engaged, wear in plain sight on his or her person an identification (ID) card, provided by the chief of police or his designee, containing such information, including a suitable photograph, as the chief of police or his designee may require. The ID card shall be worn on the person's outermost garment, with the picture facing outward. B. Each person who is engaged in a peddler, solicitor or itinerant merchant business or activity shall, at all times while so engaged, have affixed in a conspicuous place on each motor vehicle or mobile unit being used in such business or activity, an identifying placard or other identifying emblem, to be provided by the chief of police or his designee. (Ord. No. 919, § 1, 8- 21 -07) 5.64.160 Garbage Disposal. No peddler, solicitor or itinerant merchant shall discard or deposit, or cause or allow to be discarded or deposited by any customer or person solicited, any garbage, sewage or any other waste materials or products onto any public or private property or into any public or private storm drain system. All motor vehicles and mobile units being used in a peddler, solicitor or itinerant merchant business or activity shall be equipped with trash receptacles large enough to contain all refuse generated by the operation of such motor vehicle or mobile unit. (Ord. No. 919, § 1,8-21-07) 5.64.170 Noise Requirements. Any person engaged in a peddler, solicitor or itinerant merchant business shall comply with all applicable noise regulations. (Ord. No. 919, § 1,8- 21 -07) 5.64.180 Parking and Stopping Restrictions -Motor Vehicle -Based and Mobile Unit Peddlers Solicitors and Itinerant Merchants. r maeted: root: 8W, underline A. It shall be unlawful for any motor vehicle -based or mobile unit peddler, solicitor or itinerant merchant to: 1. Permit any motor vehicle or mobile unit from which his or her business is being conducted to remain standing or stopped, for purposes of conducting said business, at any place on a public street, sidewalk, parking lot, right -of -way, or other public place, or within five hundred (500) feet thereof, for a total period of time exceeding fifteen (15) minutes within any two -hour period. 2. Make any stop, for the purpose of making or soliciting any sale upon any public street, sidewalk, right -of -way, or other public place, within five hundred (500) feet, measured along the traveled way of any public street or streets, of any school property. B. It shall be unlawful for any motor vehicle -based or mobile unit peddler, solicitor or itinerant merchant to conduct his or her business or activity from any motor vehicle or mobile unit upon any public street except from or at the side of such motor vehicle which is nearest to the curb of such street. C. No motor vehicle -based or mobile unit peddler, solicitor or itinerant merchant shall stop to conduct his or her business or activity from a motor vehicle or mobile unit within two hundred (200) feet of another motor vehicle -based or mobile unit peddler, solicitor or itinerant merchant who has already stopped to conduct business. (Ord. No. 919, § 1,8- 21 -07) 5.64.190 Interstate Commerce. None of the fees provided for by this Chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a fee is believed by a peddler, solicitor or itinerant merchant to place an undue burden on interstate commerce, he or she may apply to the City Manager, before or up to six (6) months following payment of the fee, for an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to such commerce. The applicant shall, by affidavit and supporting evidence, show his or her method of business and the gross volume or estimated gross volume of business, and other information as required by the City Manager to determine the extent of the burden on interstate commerce. The decision of the City Manager may be appealed to the City Council. (Ord. No. 919, § 1, 8- 21 -07) 5.64.200 Violation — Penalty In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Chapter 1.17 or shall be guilty of an infraction pursuant to Beaumont Municipal Code Chapter 1.16. In either case, the amount of the fine shall be the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Section 1.16.040. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor, punishable by a fine of $1.000.00, or six (6) months in iail. or both. law. 5.64.210 Seizure of Goods. Upon the citation or arrest of any person for violation of Section 5.64.040 of this Chapter, the City may seize and impound all perishable and nonperishable goods in the possession of the unlicensed peddler, solicitor or itinerant merchant. "Goods" means any consumable items, foods, beverages, merchandise or wares, being offered for sale. "Perishable" means any item or items that spoil, perish or decay rapidly; or are likely to spoil, perish or decay rapidly if not refrigerated, including but not limited to food, beverages and flowers. (Ord. No. 919, § I, 8- 21 -07) 5.64.220 Procedure for Release of Perishable Goods. A. Following citation or arrest pursuant to Section 5.64.040 of this Chapter, the unlicensed peddler, solicitor or itinerant merchant shall sign a declaration, which shall declare, under penalty of perjury, the name and contact information of the rightful owner of the seized goods. B. The City shall make a reasonable attempt to contact the rightful owner of any seized perishable goods, if other than the peddler, solicitor or itinerant merchant arrested or cited, in order to provide that owner with an opportunity to retrieve the goods within twenty-four (24) hours. The rightful owner, as set forth in the declaration described in subsection A. of this section, must present valid identification to the City before the City will release any seized goods. C. If the unlicensed peddler, solicitor or itinerant merchant claims to be the rightful owner of the seized perishable goods, such peddler, solicitor or itinerant merchant must present valid identification to the City, and must sign the declaration described in subsection A. of this section declaring himself or herself to be the rightful owner. In such case, the City shall provide such peddler, solicitor or itinerant merchant the opportunity to either: 1. Contact, with one (1) phone call (which one (1) phone call shall be in addition to any other phone calls permitted by law to an arrestee), another individual to pick up the seized perishable goods within twenty-four (24) hours; or 2. Sign a release allowing the City to immediately dispose of or donate any seized perishable goods if the goods cannot be picked up within twenty-four (24) hours. D. Prior to releasing, disposing or donating any perishable goods seized pursuant to Section 5.64.210 of this Chapter, the City shall inspect, and take photographs and any necessary samples of such goods to maintain as evidence. E. Any perishable goods not retrieved within twenty-four (24) hours shall be immediately donated or discarded by the City, with no liability to the City for such action. F. Nothing contained in this Chapter shall limit the authority of the City to cite the owner of the seized goods for violations of this Code. G. The police chief may adopt reasonable rules and regulations, not inconsistent with this Chapter, in order to implement this section. (Ord. No. 919, § 1,8- 21 -07) Agenda Item r ' C4 STAFF REPORT To: Honorable Mayor and City Council Members From: Ashley Thompson Date: April 191h 2011 Subject: Options for Centennial Memorial Bridge Plaques Background and Analysis: Per Council's direction, staff has come up with a couple options for honoring past Beaumont citizens on the Centennial Memorial Bridge. Option #1: Honor each person with their own plaque. Plaques can be mounted to the beams of the bridge on the outer pedestrian walkway. Pros include; multiple locations to add more plaques, ample space to outline person's achievements /contributions. Cons include: potential for "sign clutter" and on -going costs of purchasing and installing new plaques. Names can be submitted on a yearly basis and if chosen to be added, can be done so every November I gh. Option #2: Place a copper monument at the Oak Valley entrance to the bridge. The monument will tell a short history of Beaumont's railroad beginnings, provide a place to showcase the official name of the bridge and a spot to honor those names chosen that have contributed to Beaumont's success between 1912 and 2012. Pros include: A single monument that will honor citizens as well as describe our own history, onetime cost for installation, clean uniform look. Cons include: limited space to describe person's acheivments. Names would be accepted up till September 2012. A selection process will occur between September and October. A group of people who have contributed to Beaumont in our last 100 years only (1912 -2012) will be memorialized on the monument. Option #3: Similar to option #2 but the monument would be made out of granite and would act similar to the Veteran's Memorial in front of the Civic Center wherein names could be etched into the monument every November 18th. Pros include: A single monument that will honor citizens as well as describe our own history, clean uniform look, ability to add names in the future. Cons include: On -going costs for etching, limited space to describe person's achievements. Recommendation: Staff recommends that the City Council discuss and vote on the proposed options. Respectfully S mitt d; Ashley Thompson q. k STAFF REPORT TO: Mayor and City Council Members FROM: Celina Cabrera, Customer Service Coordinator DATE: April 19, 2011 SUBJECT: Proposed Political Sign Permit Policy *********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND /ANALYSIS: A `Political Sign Encroachment Permit', `Guidelines to Political Sign Placement Located in the Right -of -Way', and `Mobile Political Sign Permit' have been created to help facilitate consistent size and placement of political signs while placed in City of Beaumont right -of -way. No -cost permits are available for every local, county, state, national candidates, as well as `measures' who will place a political sign in City of Beaumont right -of- way. New this year, a `Mobile Political Sign' permit is available to all candidates who park their mobile political sign on City streets, or public right -of -way. This permit is at no -cost and will be available Mays a week at either City Offices or Police Department. This permit shall be obtained prior to the mobile sign placed and is for any amount of time up to 72 hours, in a candidate - specified location. Permits shall be prominently displayed on the trailer. Additionally new this year, `Guidelines to Political Sign Placement Located in the Right -of -Way' message intent and purposes for the guidelines have been supported with clearer pictures and descriptions regarding sign placement. One particular guideline added that is important to future campaigns is the absence of all political messages from all medians in the City. Signs in the medians pose a danger to those putting up the sign, as well as to the distraction of drivers. RECOMMENDATION: Staff recommends City Council approve `Political Sign Encroachment Permit', `Guidelines to Political Sign Placement Located in the Right -of -Way', and `Mobile Political Sign Permit'. Respectfully Submitted, Celina Cabrera Customer Service Coordinator U~ City of Beaumont • 550 E. 6t" Street Beaumont, CA 92223 (951) 769 -8529 FAX (951) 769 -9678 Email: codeenforcement Aci.beaumont.ca.us DATE:_ PERMIT: APPLICATION FOR POLITICAL SIGN ENCROACHMENT PERMIT The undersigned hereby applies for a permit to place political signs within the City of Beaumont Right of Way: Please provide the following information: Name of Candidate: Candidate's email address (required): Election Date (Month/Year): What are you running for ?: Contact /Applicant Name: Contact Address: Contact Email Address (required): Number of signs (approximate): Phone Number: NON - CONFORMANCE TO THE FOLLOWING PROVISIONS CONSTITUTES AUTOMATIC REVOCATION In consideration of granting of this application, the applicant agrees to: 1. Defend, indemnify and save the City, its authorized agents, officers, representatives, and employees, harmless from and against any and all penalties, liabilities or loss resulting from claims or court action arising out of any accident, loss or damage to persons or property. 2. Candidates are responsible for their signs and shall check for proper placement. 3. Candidates shall ensure signs are maintained and surveyed routinely for damage. 4. Adhere to the "Guidelines for Political Signs Located in the Right -of -Way" which you have signed and accepted responsibility of understanding. 5. MAX. SIZE OF SIGNS IN THE RIGHT -OF -WAY: 24" X 18" OR 432 SQUARE INCHES. 6. In developed areas (curb and /or gutter): 1 sign per block of street in each direction of travel. 7. Roadways in undeveloped areas: 1 sign per one - quarter (1/4) mile spacing in each direction of travel. 8. Placement of signs within Right of Way area. a. Edge of sign shall not overhang onto walk areas. b. Where no sidewalk is present, maintain 5 feet from edge of curb or shoulder area to allow for walkway and opening of doors from vehicles. c. Not in any lawn area, where it is subject to damage by lawnmowers. 9. No signs shall be permitted in City Park areas, the "Civic Center" and other public buildings. 10. Placement of signs shall be no sooner than 45 days prior to election and removed no later than 10 days after the election. Applicant Printed Name Authorized Signature Received by Date Office Use Only • City of Beaumont ' 550 E 6th Street Beaumont, CA 92223 Wo (951) 769 -8529 FAX (951) 769 -9678 GUIDELINES FOR POLITICAL SIGNS LOCATED IN THE RIGHT -OF -WAY Initial Here: MM*Signs shall be located at least one (1) foot behind the edge of a hard surface walk area within the right of way and shall not block or obstruct pedestrian traffic. .. .... ........................... 1 will put all signs at least one (1) foot from the edge of a hard surface walk area and will not block the sidewalk or pedestrian traffic with an overhanging sign. : : Initial Here: • . • ..............................• Initial here: 1 of 10 is Initial Here: EMWhen there is no sidewalk present, signs shall be five (5) feet from the edge of the curb or shoulder area to allow for pedestrians and the opening of vehicles. ........................... 1 will put all signs at least five (5) feet from the edge of a shoulder area in undeveloped areas. Initial Here: ........................... Initial here: 2 of 10 0 Initial Here: Signs shall be 24" x 18 ", 432 square inches, or smaller. . ........................... The size of all of my signs will be 24" x 18 ", or 432 square inches, or smaller. Initial Here: ............................ Initial here. 3 of 10 0 Initial Here: _ Mobile political signs (i.e. signs displayed on recreational or utility trailers) shall not exceed an Overall height of eight (8) feet from the finished grade. N Y Y Y Y Y Y Y Y Y Y Y Y Y Y ............ Mobile signs will be no taller than eight (8) feet above the finished arade. Initial Here: 7•. Y Y Y Y Y Y Y Y Y Y Y Y• Y Y Y Y Y Y Y Y Y Y, Mobile signs, either attached or unattached shall not be narked for more than two (2) hours. : Initial Here: ........................... Initial Here: Mobile political signs attached or unattached to a tow vehicle, may be temporarily parked on City streets for no more than two (2) hours. Initial Here: Nm*A Mobile Political Sign Permit is required if the recreational or utility trailer is parked on a city street for more than two (2) hours. Initial Here: mm*A Mobile Political Sign Permit allows for the temporary parking, of an attached or unattached recreational or utility trailer, for a maximum of seventy -two (72) hours. Initial here: 4 of 10 0 Initial Here: =* Only one (1) sign, per candidate, can be placed within the right -of -way, per block, in each direction of travel in a developed area. ........................... . In developed areas, I will ; only put one (1) sign, per candidate, per block, in each direction of travel. ; Initial Here: ............................ Initial Here: Only one (1) sign, per candidate, can be placed within the right -of -way, per quarter (1/4) mile, in each direction of travel, in undeveloped areas. .0 0 0 0......................• In undeveloped areas, I will only put one (1) sign, per candidate, per % mile, in each direction of travel ; Initial Here: ........................... Initial here: 5 of 10 Initial Here: Signs shall not be placed on perimeter fences along vacant or non - residential lots. ......................... 1 will not put any sign along perimeter fences of vacant or non- ; residential lots Initial Here: Initial Here: Signs shall not be placed in lawn areas where they are likely to be damaged by City lawnmowers. ....................... 1 will not place any ; signs in lawn areas. Initial Here: Initial here: 6 of 10 0 Initial Here: mm*Signs shall not be placed in any park or park areas. :0 0 0 0 0 .................... 1 will not place any signs in park or park areas. ; Initial Here: .......................... Initial Here: Signs shall not be placed or fixed to any tree, fence or utility pole. ....................... 1 will not attach any signs to trees, fences or utility poles. Initial Here: ....................... Initial here: 7 of 10 0 Initial Here: Signs shall not be placed within or along the Islands on Palm Avenue, park areas, the Civic Center, the Community Recreation Center (CRC), or any other government buildings. .......................... I will not place any signs within or along the islands on Palm Avenue, park areas, the Civic Center, the CRC, : or any other government : buildings. Initial Here: Initial Here: Signs shall not be placed in any Medians. • ............... a ....... . I will not place any signs in ANY MEDIAN. Initial Here: ......................... Initial here: 8 of 10 0 Initial Here: _ ME*Signs shall be checked on frequently for placement and damage I will make sure to check on my signs for damage and placement. ; Initial Here: Initial Here: MEjSigns shall not be placed sooner than forty - five (45) days before an election AND shall be removed no later than ten (10) days after the election. ........................... 1 will not put up any signs ; sooner than 45 days before the election. : Initial Here: • ........................... I will take all signs down no later than 10 days after the election. Initial Here: Initial here: 9 of 10 0 By signing the "Guidelines for Political Signs Located in the Right - of -Way'; I agree to adhere to all of the guidelines as it pertains to the placement of all political signs in the City right -of -way. I understand that violating (Candidate Name or Agent Thereof) any of the guidelines listed in the "Guidelines for Political Signs Located in the Right -of- Way ", may result in the removal of the sign in violation. I also understand that if any signs are removed, City of Beaumont may charge a fee of $20.00 per sign before it will be released /returned. Signed. Date. Initial here: 10 of 10 40 4 City of Beaumont + 550 E. 6`h Street Beaumont, CA 92223 (951) 769 -8529 FAX (951) 769 -9678 Email: codeenforcement ,rr,.ci.beaumont.ca.us DATE:_ PERMIT: APPLICATION FOR POLITICAL SIGN ENCROACHMENT PERMIT The undersigned hereby applies for a permit to place political signs within the City of Beaumont Right of Way: Please provide the following information: Name of Candidate: Election Date (Month/Year): Name of support group or organization: Contact/Applicant Name: Contact Address: Contact Email Address: Location of signs (streets /areas): Number of signs (approximate): Phone Number: NON - CONFORMANCE TO THE PROVISIONS OF THIS PERMIT CONSTITUTES AUTOMATIC REVOCATION In consideration of granting of this application, the applicant agrees to: 1. Defend, indemnify and save the City, its authorized agents, officers, representatives, and employees, harmless from and against any and all penalties, liabilities or loss resulting from claims or court action arising out of any accident, loss or damage to persons or property occurring as a result signs placed under the permit granted this application. 2. Adhere to the "Guidelines for Political Signs Located in the Right -of -Way" which you have signed and accepted responsibility of understanding. 3. Limit of 1 sign within Right of Way, size 24 X 18 inches, per block of street in each direction of travel. 4. Roadways in undeveloped areas: 1 sign at one - quarter (1/4) mile spacing in each direction of travel. Size 24 X 18 inches. 5. Placement of signs within Right of Way area. a. Locate edge of sign 1 foot behind edge of hard surface walk area. b. Where no sidewalk is present, maintain 5 feet from edge of curb or shoulder area to allow for walkway and opening of doors from vehicles. c. Not in any lawn area, where it is subject to damage by lawnmowers. 6. No signs shall be permitted in City Park areas, the "Civic Center" and other public buildings. 7. Placement of signs shall be no sooner than 45 days prior to election and removed no later than 10 days after the election. Applicant Printed Name Authorized Signature Office Use Only Received by Date V 1. City of Beaumont 550 E 6th Street Beaumont, CA 92223 .. (951) 769 -8529 FAX (951) 769 -9678 GUIDELINES FOR POLITICAL SIGNS LOCATED IN THE RIGHT -OF -WAY Initial Here: ME*Signs shall be located one (1) foot behind the edge of a hard surface walk area within the right of way Example of a sign in the CORRECT location: Example of a sign TOO CLOSE to sidewalk: I will put all signs at least one (9) foot from the edge of a hard surface walk area. Initial Here: Initial here: 1 of 7 a Initial Here: MM*Where there is no sidewalk present, signs shall be five (5) feet from the edge of the curb or shoulder area to allow for a pedestrian walkway and the opening of vehicles. Example of a sign in its CORRECT position: Example of a sign TOO CLOSE to the shoulder. 7` ............................. I will put all signs at least five (5) feet from the edge of a shoulder ; area. Initial Here: Initial here: 2 of 7 9 Initial Here: No Sign shall be larger than 24" x 18 ". Example of a sign that is too large. The size of all signs will be 24" x 18", or smaller. ; Initial Here: Initial Here: mm*Political signs shall not exceed an overall height of eight (8) feet from the finished grade. Example of sign too tall: All signs will be no taller than eight (8) feet above the finished grade. Initial Here: Initial here: 3 of 7 0 Initial Here: 1111111111111111110 Only one (1) sign, per candidate, can be placed within the right -of -way, per block, in each direction of travel in a developed area. Example of too many signs in a developed area: :*91000"0000" .................. In developed areas, I will only put one (1) sign, per candidate, per block, in each direction of ; travel. , Initial Here: Initial Here: Only one (1) sign, per candidate, can be placed within the right -of -way, per quarter (1/4) mile, in each direction of travel, in undeveloped areas. Example of too many signs from one party (yellow at the top), being placed in an undeveloped area. • .... • t ..... 1 . 1 ... . . . . . . . . . . ... 1 In undeveloped areas, I will only ; put one (1) sign, per candidate, : per % mile, in each direction of travel Initial Here: Initial here: 4 of 7 0 Initial Here: _ __ MM�Signs shall not be placed in lawn areas where they are likely to be damaged by City lawnmowers. Example of sign incorrectly placed in the middle of a lawn area: N ............................. 0 0 0 l will not place any signs in lawn areas. ; Initial Here: Initial Here: MM*Signs shall not be placed or fixed to any tree, fence or utility pole. Example of a sign incorrectly affixed to a pole: ....................... «0000 «0000. I will not attach any signs to trees, fences or utility poles. Initial Here: •. 0 0 0.« 0 0. 0 00.....00 0 0 0 «. 0. 0 0«« 0 00 Initial here: 5 of 7 0 Initial Here: MM*No sign shall be placed within or along the Islands on Palm Avenue, City park areas, the Civic Center, the Community Recreation Center (CRC), or any other government buildings. Example of a sign incorrectly placed in the Islands on Palm Avenue: I will not place any signs within or along the islands on Palm Avenue, City park areas, the ; Civic Center, the CRC, or any other government buildings. Initial Here: ... ............................... am* * Signs shall not be placed sooner than forty -five (45) days before an election AND shall be removed no later than ten (10) days after the election. Do not have your signs end up like this: w. rrrrrrrrrrrrrrrrrrrrrrrrrr,rrrr I will not put up any signs sooner than 45 days before the election. : Initial Here: I will take all signs down no later than 10 days after the election. Initial Here: r Initial here: 6 of 7 0 By signing the "Guidelines for Political Signs Located in the Right -of -Way, 1 agree to adhere to all of the guidelines as it pertains to the placement of all political signs in the City right -of -way. I understand that violating any of the (Candidate Name or Agent Thereof guidelines listed in the "Guidelines for Political Signs Located in the Right -of- Way ", may result in the removal of the sign in violation. 1 also understand that if any signs are removed, the City of Beaumont may charge a fee of $20.00 per sign before it will be released /returned. Signed: Date: How to submit your application: 1- You may email this application to: codeenforcement @ci.beaumont.ca.us /Fthe completed application is scanned in (in its entirety) and signatures, initials, and contact information are LEGIBLE. 2- Mail the completed application, with ALL signatures, initials and contact information to: City of Beaumont, Code Enforcement Dept., 550 E. 6t" Street, Beaumont, CA 92223 3- Submit the application in person to City Hall, Building Department/ Code Enforcement located at 550 E. 6t" Street, Beaumont. * *A permit will be issued and returned to you in the same manner we receive your application (email, mail, over the counter) City of Beaumont 550E6 1h Street Beaumont, CA 92223 (951) 769 -8529 FAX (951) 769 -9678 Email: codeenforcement kci.beaumont.ca.us Information on Political Signs on Private Property Reference Beaumont Municipal Code 17.07.070 (A -15) Signs displaying political or other noncommercial messages may be displayed on private property at any time. Signs shall adhere to the guidelines: - Maximum size on any one side (measured on one side only) is eight (8) square feet. - Maximum area of all signs combined is sixteen (16) square feet. POLITICAL SEASON (45 days prior to and 10 days after an election): During the political season, the above listed limits are doubled. - Maximum size on anyone side (measured on one side only) is sixteen (16) square feet. Maximum area of all signs combined is thirty -two (32) square feet. Reference BMC 17.07.030 (1) Owner's Consent. No sign may be displayed without the consent of the legal owner of the property on which the sign is mounted or displayed. For purposes of this policy, —owner means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property. City of Beaumont 550 E 6th Street Beaumont, CA 92223 (951) 769 -8529 FAX (951) 769 -9678 Email: codeenforcement (a�ci.beaumont.ca.us Date: Permit: POLITICAL SIGN ENCROACHMENT PERMIT The undersigned candidate /applicant is hereby granted a permit to place political signs within the City if Beaumont Right- Of -Way, subject to requirements and conditions of the City of Beaumont. Candidate Name: Email address: Phone Number: All signs must be removed by: Office campaigning for: Contact Name (if other than applicant): Phone #: NON - CONFORMANCE TO THE PROVISIONS OF THIS PERMIT CONSTITUTE AUTOMATIC REVOCATION In the granting of this application, the applicant agrees to: 1. Defend, indemnify and save the City, its authorized agents, officers, representatives, and employees, harmless from and against any and all penalties, liabilities or loss resulting from claims or court action arising out of any accident, loss or damage to persons or property. 2. Adhere to the "Guidelines for Political Signs Located in the Right -of -Way" which you have signed and accepted responsibility of understanding. 3. Candidates are responsible for their signs and shall check for proper placement. 4. Candidates shall ensure signs are maintained and surveyed routinely for damage. 5. MAX. SIZE OF SIGNS IN THE RIGHT -OF -WAY: 24" X 18" OR 432 SQUARE INCHES. 6. In developed areas (curb and/or gutter): 1 sign per block of street in each direction of travel. 7. Roadways in undeveloped areas: 1 sign per one - quarter (1/4) mile spacing in each direction of travel. 8. Placement of signs within Right of Way area. a. Edge of sign shall not overhang onto walk areas. b. Where no sidewalk is present, maintain 5 feet from edge of curb or shoulder area to allow for walkway and opening of doors from vehicles. C. Not in any lawn area, where it is subject to damage by lawnmowers. 9. No signs shall be permitted in City Park areas, the "Civic Center" and other public buildings. 10. Placement of signs shall be no sooner than 45 days prior to election and removed no later than 10 days after the election. 11. Signs that are not in compliance with the "Guidelines for Political Signs Located in the Right -of- Way", in which the provisions outlined above are taken out as an example, WILL be removed by the City of Beaumont and you may be charged a fee of $20.00 per sign before it will be released or returned. 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