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Agendas - Oct. 04, 2011
Agenda 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.) Workshop (after Regular Session.) Closed Session (after Workshop Session) Tuesday, October 4, 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: Scott Mason — Beaumont Presbyterian Pledge of Allegiance: Presentation: Steve Leech — Beaumont Spirit Run Adjustments to Agenda: 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) Financial Update b. Community Information and Local Project Update 1) Financial Update 2) Annual Review of Fees — City Facility Rental Fees 3) Centennial Update 4) Road Closure Information (Ticker Tape Notice on Website) C. Calendar of Events 1) October 1, 2011 — Beaumont Chamber Business Expo 2) October 21, 2011 — Fire House Open house and Spaghetti Dinner 3) October 22, 1011 — Community Clean Up and Recycling Day 4) October 29, 2011 — Kids/Teens Halloween Party 5) November 8, 9, 10, 2011 — TEEN CERT (Community Emergency Response Team) Train - the - Trainer 6) 1St Wednesday of each Month — Beaumont Care Awareness Team 7) 1St Wednesday of Each Month - TEAM (Transportation Education Awareness & Marketing) Meeting 8) 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 September 6, 2011 C. Approval of the Warrant List for October 4, 2011. d. Denial of Claim — Sandra Lover e. Approval of Revised SCE Energy Action Plan. f. Denial of Fee Waiver Request for Conditional Use Permit for "Kidd's Towing and Auto Repair" g. Approval of Request for Expenditure of Citizen's Option for Public Safety Program (COPS) — SLESF Allocation for Year 2011 -12 h. Approval of Amendment of Streambed Agreement No. 1600 - 2010 -0118 (Revision 2) for the Noble Creek Crossing at Brookside Avenue Project. i. Authorization to Accept an Offer of Dedication 10 -D -01 for Brookside Avenue Improvments. 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. Public Right of Way Access Americans with Disabilities Act (ADA) Transition Recommendation: Hold a Public Hearing & Adopt Resolution No. 2011 -22 as presented. b. Ordinance No. 1003 — Amending Chapter 17.11.100 "Swimming Pool, Spa and Similar" to be in Compliance with the California Building Code (simplifies existing code) Recommendation: Hold a Public Hearing & Approve the First Reading of Ordinance No. 1003 read by title only. C. Ordinance No. 986 — An Ordinance of the City Council of the City of Beaumont California Adding Section 10.10.025 to Chapter 10.10 to the Beaumont to the Beaumont Municipal Code entitled "Overnight Parking Restriction on Commercial, Retail and Shopping Center Properties" Recommendation: Hold a Public Hearing & Approve the First Reading of Ordinance No. 986 read by title only. d. Ordinance No. 1006 - An Ordinance of the City Council of the City of Beaumont, California Adding Section 10.08.075 to Chapter 10.08 of the Beaumont Municipal Code Prohibiting Camping or Sleeping in Motor Vehicles Recommendation: Hold a Public Hearing and Approve the first reading of Ordinance No. 1006 read by title only. e. Ordinance No. 1004 — An Ordinance of the City Council of the City of Beaumont California Adding Chapter 12.34 to the Beaumont Municipal Code Entitled "Disposal of Canine Feces on Public and Private Property ". Recommendation: Hold a Public Hearing & Approve the First Reading of Ordinance No. 1004 read by title only. f. Ordinance No. 1005 — An Ordinance of the City Council of the City of Beaumont, California amending Chapter 6.10 and 6.12 of the Municipal Code Entitled "Potentially Dangerous Dogs" and "Vicious Animals ". Recommendation: Hold a Public Hearing & Approve the First Reading of Ordinance No. 1005 read by title only. 5. 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. It is the City Council's policy not to discuss matters brought up as public comment until they are added to the agenda of a future meeting. 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. 6. WORKSHOP No items at the time of agenda preparation. 7. CLOSED SESSION Closed Session to begin after regular session Place: City Manager Conference Room a. Conference with Labor Negotiator — Pursuant to Government Code Section 54957.6 City Negotiator as Personnel Director, Alan Kapanicas Employee Organizations - Management Employees as Individuals b. Pursuant to Government Code 54956.9 (a)— Existing Litigation 1) Western Riverside Council of Governments vs City of Beaumont RIC 536164 2) Outdoor Media Group vs City 3) Oak Tree Alternative Care v. City of Beaumont RIC 1109687 4) Ochs v. City of Beaumont RIC 1100933 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 Beaumont Charitable Foundation Financial Status as of August 31, 2011 Designated: PD Explorer Post Shop with a Hero Beaumont Youth Activities League Pass Area Youth Court Adopt -a -Cop Animal Care CVP MDA Amount available for undesignated purposes: Balances August Balances July 2011 Activity August 2011 500 500 1,500 1,500 1,244 40 1,284 13 13 1,174 40 1,214 38 16 54 900 900 41,127 12,082 53,209 44,996 13,678 58,674 1,867 130 1,997 Total Charitable Foundation Cash Balance 46,863 13,808 60,671 9/28/2011 City of Beaumont General Fund Revenue and Expenditures August 31, 2011 Licenses and permits: Building permits 66,667 63,869 0 63,869 (2,798) -44/o Other licenses and permits 20,833 11,662 0 11,662 (9,171) 44% 87,500 75,531 0 75,531 (11,969) -1440 Intergovernmental revenue: Motor vehicle in lieu 450,000 67,889 450,000 517,889 67,889 15% Other revenue 0 318 0 318 318 100% 450,000 68,207 450,000 518,207 68,207 15% Charges for services Building & Development 366,667 Actual- Accruals/ Adjusted Variance 0% Police services 2 Months Cash Basis Adjustments Balance Favorable Percentage Refuse collection Budget 8/31/2011 8/31/2011 8/31/2011 (Unfavorable) Difference REVENUES 4,167 15226 (11,000) 4,226 59 10,16 Taxes: 10,833 17,449 0 17,449 6,616 61% Property taxes 700,000 130,059 569,000 699,059 (941) 000 Sales taxes 586,667 425,765 160,000 585,765 (902) 0% Utility Users tax 233,333 189,921 43,000 232,921 (412) 00/0 Franchises 125,000 105,221 19,000 124,221 (779) -19/0 Business Licenses 33,333 30,606 0 30,606 (2,727) -8% T.O.T. 41,667 53,812 0 53,812 12,145 29% 1,720,000 935,384 791,000 1,726,384 6,384 0% Licenses and permits: Building permits 66,667 63,869 0 63,869 (2,798) -44/o Other licenses and permits 20,833 11,662 0 11,662 (9,171) 44% 87,500 75,531 0 75,531 (11,969) -1440 Intergovernmental revenue: Motor vehicle in lieu 450,000 67,889 450,000 517,889 67,889 15% Other revenue 0 318 0 318 318 100% 450,000 68,207 450,000 518,207 68,207 15% Charges for services Building & Development 366,667 617,544 (250,000) 367,544 877 0% Police services 10,000 4,446 0 4,446 (5,554) -5640 Refuse collection 666,667 42,816 620,000 662,816 (3,851) -100 Swimming pool 4,167 15226 (11,000) 4,226 59 10,16 Recreation program 10,833 17,449 0 17,449 6,616 61% PASIS Services 2,500 14,000 (11,500) 2,500 0 0% Miscellaneous 5,167 1,888 0 1,888 (3,279) -630,6 Bond Administration 1,066,000 713,369 347,500 1,060,869 (5,131) 0 00 Fines and forfeitures: General and vehicles 50,000 16,028 33,000 49,028 (972) -2416 Use of money and property Interest 416,667 0 416,000 416,000 (667) 0%, Property Rental 16,667 12,564 0 12,564 (4,103) -25 °6 Miscellaneous 8,333 16,970 0 16,970 8,637 1049 -6 441,667 29,534 416,000 445,534 3,867 1016 Other financing sources: Admin 0/11 allocation 350,000 0 350,000 350,000 0 00,10 Sale of property 0 2,610 0 2,610 2,610 10000 Cost recovery 216,667 234,238 0 234,238 17,571 09.0 Abandoned Vehicle 1,667 2,749 0 2,749 1,082 65% Grant revenue 0 0 0 0 0 0% Gas Tax transfer 133,333 0 133,000 133,000 (333) 00,0 Bond Administration 583,333 0 583,000 583,000 (333) 0% Other transfers (103,167) (168,822) 0 (168,822) (65,655) 64% 1,181,833 70,775 1,066,000 1,136,775 (45,058) -40/0 TOTAL REVENUES 4,997,000 1,908,828 3,103,500 5,012,328 15,328 09/0 TOTAL EXPENDITURES 4,997,000 3,733,933 1,260,000 4,993,933 3,067 00/0 NET 0 (1,825,105) 1,843,500 18,395 18,395 0% 9/28/2011 City of Beaumont General Fund Revenue and Expenditures August 31, 2011 General Govt. (1450) Salaries and benefits 0 0 Actual- 0 Accrual Variance 323,346 (250,000) 2 Months Cash Basis Accruals Balance Favorable Percentage 0 0% Budget 8/31/2011 8/3112011 8131/2011 (Unfavorable) Difference EXPENDITURES City Council (1050): Salaries and benefits 13,333 11,425 1,000 12,425 908 7% Operations and materials 9,667 730 9,000 9,730 (63) -1% 23,000 12,155 10,000 22,155 845 4% City Manager (1100): Salaries and benefits 56,667 70,799 0 70,799 (14,132) -25% Operations and materials 37,667 8,201 0 8,201 29,466 78% 94,333 79,000 0 79,000 15,333 16% City Clerk (1150): Salaries and benefits 333 192 0 192 141 42% Operations and materials 333 39 0 39 294 88% 667 231 0 231 436 65% Admin. Services (1200): Salaries and benefits 275,000 172,291 80,000 252,291 22,709 8% Operations and materials 36,000 59,994 0 59,994 (23,994) -67% Capital equipment 0 0 0 0 0 0% 311,000 232,285 80,000 312,285 (1,285) 0% Information Technology (1250): Salaries and benefits 0 46 0 46 (46) -100% Operations and materials 45,833 42,394 0 42,394 3,439 8% Capital equipment 0 0 0 0 0 0% 45,833 42,440 0 42,440 3,393 7% Legal /Claims Admin (1300): Salaries and benefits 40,333 23,648 15,000 38,648 1,685 4% Operations and materials 83,333 0 80,000 80,000 3,333 4% 123,667 23,648 95,000 118,648 5,019 4% Community Dev. (1350): Salaries and benefits 47,500 33,221 10,000 43,221 4,279 9% Operations and materials 45,667 25,033 20,000 45,033 634 1% 93,167 58,254 30,000 88,254 4,913 5% General Govt. (1450) Salaries and benefits 0 0 0 0 0 0% Operations and materials 59,167 323,346 (250,000) 73,346 (14,179) -24% Capital equipment 0 0 0 0 0 0% 59,167 323,346 (250,000) 73,346 (14,179) -24% 9128/2011 City of Beaumont General Fund Revenue and Expenditures August 31, 2011 CRC (1600) Salaries and benefits 0 Actual- 0 Accrual Variance 0% Operations and materials 2 Months Cash Basis Accruals Balance Favorable Percentage 0 0% Budget 8/31/2011 8/31/2011 8/31/2011 (Unfavorable) Difference Connnunity Services (1550): Public Support Services (2090): Salaries and benefits 100,833 69,649 30,000 99,649 1,184 1% Operations and materials 33,667 4,651 30,000 34,651 (984) -3% Capital equipment 0 0 0 0 0 0% 0 134,500 74,300 60,000 134,300 200 0% CRC (1600) Salaries and benefits 0 0 0 0 0 0% Operations and materials 36,167 20,245 0 20,245 15,922 44% 0 0% 36,167 20,245 0 20,245 15,922 44% Quality of Life (2000): Public Support Services (2090): Salaries and benefits 93,167 43,496 20,000 63,496 29,671 32% Operations and materials 25,000 2,536 0 2,536 22,464 90% Capital equipment 0 0 0 0 0 0% 0 118,167 46,032 20,000 66,032 52,135 44% Police (2050) Salaries and benefits 1,568,333 1,021,785 500,000 1,521,785 46,548 3% Operations and materials 283,333 204,586 80,000 284,586 (1,253) 0% Capital equipment 0 0 0 0 0 0% 1,851,667 1,226,371 580,000 1,806,371 45,296 2% Emergency Services (2080) Salaries and benefits 0 0 0 0 0 0% Operations and materials 23,333 16,029 0 16,029 7,304 31% 23,333 16,029 0 16,029 7,304 31% Public Support Services (2090): Salaries and benefits 326,667 228,323 80,000 308,323 18,344 6% Operations and materials 0 0 0 0 0 0% Capital Equipment 0 0 0 0 0 0% 326,667 228,323 80,000 308,323 18,344 6% Fire (2100): Salaries and benefits Operations and materials Capital equipment Building Inspector (2150): Salaries and benefits Operations and materials Capital equipment 21,667 15,445 5,000 20,445 1,222 6% 346,667 431,892 0 431,892 (85,225) -25% 0 0 0 0 0 0% 368,333 447,337 5,000 452,337 (84,004) -23% 81,833 55,138 25,000 80,138 1,695 2% 61,667 15,089 40,000 55,089 6,578 11% 0 0 0 0 0 0% 143,500 70,227 65,000 135,227 8,273 6% 9/28/2011 City of Beaumont General Fund Revenue and Expenditures August 31, 2011 Street Lighting (3350): Salaries and benefits 0 0 0 0 0 0% Operations and materials 0 51,142 0 51,142 (51,142) - 100°/0 0 51142 0 51.142 (51.142) -100% Refuse (4500): Operations and materials 366,667 0 350,000 350,000 16,667 5% Parks (6050) Salaries and benefits 272,833 175,829 Actual- 270,829 Accrual Variance 189,079 20,000 2 Months Cash Basis Accruals Balance Favorable Percentage (11,586) -100% Budget 8/31/2011 8/31/2011 8/31/2011 (Unfavorable) Difference Public Works (3100): 20,000 11,864 5,000 16,864 3,136 16% Salaries and benefits 0 0 0 0 0 0% Operations and materials 0 35,307 0 35,307 (35,307) -100% Operations and materials 0 35,307 0 35,307 (35,307) -100% Street Maintenance (3250): 0 0 0 0 0 0% Salaries and benefits 71,167 48,399 20,000 68,399 2,768 4% Operations and materials 291,667 293,525 0 293,525 (1,858) -1% 362,833 341,924 20,000 361,924 909 0% Street Lighting (3350): Salaries and benefits 0 0 0 0 0 0% Operations and materials 0 51,142 0 51,142 (51,142) - 100°/0 0 51142 0 51.142 (51.142) -100% Refuse (4500): Operations and materials 366,667 0 350,000 350,000 16,667 5% Parks (6050) Salaries and benefits 272,833 175,829 95,000 270,829 2,004 1% Operations and materials 208,333 189,079 20,000 209,079 (746) 0% Capital equipment 0 11,586 0 11,586 (11,586) -100% 481,167 376,494 115,000 491,494 (10,327) -2% Graffiti Removal (6060): Salaries and benefits 0 0 0 0 0 0% Operations and materials 0 1,095 0 1,095 (1,095) -100% 0 1,095 0 1,095 (1,095) -100% Senior Center (6100) Salaries and benefits 16,667 11,123 5,000 16,123 544 3% Operations and materials 3,333 741 0 741 2,592 78°/0 Capital equipment 0 0 0 0 0 0% Capital expenditure 20,000 11,864 5,000 16,864 3,136 16% Pool (6150): 4,997,000 3,733,933 1,260,000 4,993,933 3,067 0% Salaries and benefits 7,833 12,984 (5,000) 7,984 (151) -2% Operations and materials 5,333 2,900 0 2,900 2,433 46% Capital equipment 0 0 0 0 0 0% 13,167 15,884 (5,000) 10,884 2,283 17% TOTAL EXPENDITURES 4,997,000 3,733,933 1,260,000 4,993,933 3,067 0% SUMMARY: Salaries and benefits 2,994,167 1,993,793 881,000 2,874,793 119,374 4% Operations and materials 2,002,833 1,728,554 379,000 2,107,554 (104,721) -5% Capital expenditure 0 11,586 0 11,586 (11,586) -100% 4,997,000 3,733,933 1,260,000 4,993,933 3,067 0% Rental Rates City of Beaumont Civic Center Gym First 2 hours $220.00 Each additional hour $100.00 Kitchen $150.00 Staff per hour $20.00 Deposit $500.00 Edward Dean Museum Friday or Sunday Flat rate $3,750.00 Saturday (April -June) Flat rate $4,250.00 Saturday (July- March) Flat rate $3,590.00 These prices include the $750.00 deposit Use of the Facility from 9am -11pm 2 Security Guards for 8 hours Staff Tables & Chairs Noble Creek First 3 hours $600.00 Each additional hour $80.00 Kitchen $50.00 Cleaning $50.00 Deposit $500.00 Elks Lodge First 4 hours (mimimum) $400.00 Each additional hour $100.00 Cleaning (non refundable) $100.00 Bartender per hour $15.00 CATEGORIES 1. City sponsored activities and use by departments and divisions of the City of Beaumont. 2. Local schools. 3. Civic groups; non - profit organizations, clubs and associations; other governmental agencies. 4. Wedding, receptions, and private parties. Commercially sponsored activities; use by business, groups, associations or individuals for any type of profit- making activity or event. CITY OF BEAUMONT FACILITY REQUEST WORK OUT FORM LOCATION FACILITY FIRST 2 HRS $ *THIS IS ONLY A WORK SHEET AND DOES NOT RENT FACILITY* ADD. HRS $ *RATES ARE SUBJECT TO CHANGE, BEFORE PERMIT IS SIGNED* SUB TOTAL $ DEPOSIT $ TOTAL $ STAFF INT. RENTAL RATES FIRST 2 HOURS (minimum) CATEGORY: 1 2 3 4 Auditorium /gym N/A N/A $120.00 $220.00 $500.00 Deposit Extra Hrs: N/A N/A $40.00 $100.00 Meeting Rooms N/A N/A $50.00 $100.00 Extra Hrs: N/A N/A $15.00 $40.00 Ball field: N/A N/A N/A $40.00 Extra Hrs: N/A N/A N/A $15.00 Lights Hr: N/A N/A $30.00 $60.00 Pavilion: N/A N/A $25.00 $50.00 $40.00 Deposit Extra Hrs: N/A N/A $10.00 $15.00 Kitchen: $150.00 $150.00 Park Restrooms (open — close) $ 30.00 $ 30.00 Staff Fee per Hour: $ 20.00 $ 20.00 CATEGORIES 1. City sponsored activities and use by departments and divisions of the City of Beaumont. 2. Local schools. 3. Civic groups; non - profit organizations, clubs and associations; other governmental agencies. 4. Wedding, receptions, and private parties. Commercially sponsored activities; use by business, groups, associations or individuals for any type of profit- making activity or event. CITY OF BEAUMONT FACILITY REQUEST WORK OUT FORM LOCATION FACILITY FIRST 2 HRS $ *THIS IS ONLY A WORK SHEET AND DOES NOT RENT FACILITY* ADD. HRS $ *RATES ARE SUBJECT TO CHANGE, BEFORE PERMIT IS SIGNED* SUB TOTAL $ DEPOSIT $ TOTAL $ STAFF INT. POOL RENTAL RATES FIRST 2 HOURS (minimum) CATEGORY: 1 thru 4 Pool — 1 -50 guest 2 Guards — 2 hrs $80.00 Extra hrs — Each $30.00 Pool — 51 -75 guest 3 Guards — 2 hrs $100.00 Extra hrs — Each $50.00 Pool — 76 -100 guest 4 Guards — 2 hrs $120.00 Extra hrs — Each $70.00 Baby Pool 1 Guard each hr. $20.00 Minimun 2 hrs PARTY RENTAL DAYS ARE: FRIDAY, SATURDAY AND SUNDAY TIMES: 6:OOPM TO 10:OOPM NORMAL POOL HOURS: MONDAY THRU SUNDAY — 12:OOPM TO 5:OOPM NIGHT SWIMS: TUEDAY AND THURSDAY — 6:OOPM TO 8:30PM Pool Entry Cost: 0 -10 yrs $1.50 11 to Adult $2.00 Family Pass: Per Season Up to 6 in a family $130.00 Single Pass: Per Season 0 -10 yrs $50.00 11 to Adult $65.00 Swim Lessons: per child 2 week sessions $40.00 4' /zyrs -up TRAIN- THEwTRAINER TEEN COMMUNITY EMERGENCY RESPONSE TRAINING What is TEEN CERT? TEEN CERT is a training program that prepares teens to help themselves, their family, and their school in the event of a disaster. During an incident, Emergency Service Personnel may not be able to reach everyone right away. By training teen in Teen CERT, they will have the skills to help Emergency Responders, save lives, and protect property. As a member of a Teen CERT team, teens can respond to disasters, participate in drills and exercises, and take additional training. WHO: Police, Fire and Emergency Management Personnel WHAT: The City of Beaumont is hosting a 3 -day train - the - trainer workshop. This practicum will prepare you to train high school students how to better respond to emergencies and disasters in your community WHERE: Beaumont City Hall, Auditorium WHEN: Tuesday. Nov. 8th, 2011 8:00 am - 4:00 pm Wednesday Nov. 9th 2011 8:00 am - 4:00 pm Thursday Nov. 10th 2011, 8:00 am - 4:00 pm **Costs for the courses are underwritten through DHS ** Space is limited to 50 participants registrations must be received by the City of Beaumont Office of Emergency Services no later that Thursday November 3rd, 2011. RSVP to Beaumont OES at 951 - 572 -2337 or Email to rcookoci.beaumont.ca.us Minutes 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.) Workshop (after Regular Session.) Closed Session (after Workshop Session) Tuesday, September 6, 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 began at 6:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor De Forge, Mayor Pro Tern Berg, Council Member Castaldo, Council and Council Member Gall were present. Council Member Fox was absent. Invocation: Pastor Jerry Westholder Pledge of Allegiance: Mayor Pro Tern Berg Presentation: Mark Hodnick — Table of Plenty Dan Hughes - MDA Adjustments to Agenda: None 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 — Charitable Foundation Golf Tournament, Day of Caring, Mega Mixer, MDA Telethon, Mega Mixer for Pass Resource Center b) Mayor Pro Tern Berg — RCTC Update, Pass Water Agency C) Council Member Castaldo — MDA Telethon, Flag Pole Installation at Station 20 d) Council Member Fox - Absent e) Council Member Gall — Transportation NOW meeting 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) Charitable Foundation Golf Tournament Update 2) Rummage Sale Update 3) MDA Telethon Update b. Community Information and Local Project Update 1) Day of Remembrance — 911 Observance 2) Centennial Update 3) Lighting at Sports Park 4) City of Beaumont Community Outlook C. Calendar of Events 1) September 7 — November 9 — Parent Project 2) September 7, 2011 - Beaumont Pass Transit — T.E.A.M. Meeting 3) September 10, 2011 — Low Cost Animal Clinic 4) September 10, 2011 — Beaumont Spirit Run 5) September 11, 2011 — Day of Remembrance — 911 Observance 6) September 11, 2011 — Flag Dedication at Fire Station 20 7) September 17, 2011 — Household Waste Collection — Lamb Canyon Landfill 8) September 16 —18, 2011 - 22nd Annual Oktoberfest 9) 1St Wednesday of each Month — Beaumont Care Awareness Team 10) Second and Third Wednesday of Each Month — Story Time Cafe 11) Potential Summer Schedule for City Council Meetings — September 6 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 August 16, 2011 C. Approval of the Warrant List for September 6, 2011. d. Ordinance No. 1001 to continue the Existence of the Beaumont Redevelopment Agency by Implementing Assembly Bill XI 27 e. Ordinance No. 1002 — An Ordinance of the City Council of the City of Beaumont Renumbering Section 17.15 of Title 17 of the Beaumont Municipal Code Entitled "Single Room Occupancy Facilities" to Section 17.16 (This ordinance only changes BMC Section 17.15 to BMC Section 17.16 to avoid duplicate numbering). f. Approval of Charitable Foundation Funding Request for Veteran's Expo. g. Approval of Supplemental Agreement for Community Development Block Grant (CDGB) 2011 -2012. h. Award of Agreement for Pavement Management and Street Repair — Emergency Repair of Sink Hole at various locations. i. Award of Agreement for Pavement Management and Street Repair — Viele Street Recommendation: Approval of the Consent Calendar as presented. Items f, h and I were pulled from the Consent Calendar to be considered as Items 4e, 4f, and 4g. Motion by Council Member Berg, Seconded by Council Member Castaldo to approve the Consent Calendar with the exception of items f, h, and L Vote: 410 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. Guidelines and Program Budget for Beaumont Charitable Foundation Recommendation: Staff Recommends 1) Approve Guidelines; 2) Approve Program Budget; and 3) Mayor Assign two Council Members to the Foundation Sub - Committee Staff report was given by Bill Aylward, Finance Director. Speakers: Judy Bingham - Opposed Motion by Council Member Berg, Seconded by Council Member Castaldo to Approve the Guidelines as presented, Approve the Program Budget as presented, and Assign Council Members Berg and Fox to the Sub Committee. Roll call vote: 3/1 (Council Member Gall voted no.) b. Collection of Recycled Water Facility Fee Recommendation: Staff recommends 1) Take no action on the BIA request; or 2) Direct staff to Collect the Facility Fee and Deposit such funds into an escrow account until January 1, 2012 at which time staff will bring this issue back to Council. Staff report was given by Kyle Warsinski, Community Development Analyst Speakers: Mark Knorranga — Opposed Motion by Council Member Castaldo, Seconded by council member Berg to approve option 2 to direct staff to collect the facility fees and deposit such funds into an escrow account until January 2012 at which time staff will return to Council with update. Vote: 4/0 C. Award of Agreement for Pavement Management and Street Repair — Emergency Repair of sink holes in various locations (moved from Consent Item 3.h) Recommendation: AWARD of an Agreement and Task Order with Kad Paving Company, APPROVAL of the Project Progress Report, AUTHORIZATION of the Mayor to execute the Agreement, Task Order and Project Progress Report subject to the authority of the City Attorney to make non- substantive changes. Motion by Council Member Berg, Seconded by Council Member Castaldo to approve as recommended. Vote 4/0 d. Award of Agreement for Pavement Management and Street Repair — Viele Avenue (moved from Consent Item 3.i) Recommendation: AWARD of an Agreement and Task Order with Weaver Grading, APPROVAL of the Project Progress Report, AUTHORIZATION of the Mayor to execute the Agreement, Task Order and Project Progress Report subject to the authority of the City Attorney to make non- substantive changes. Judy Bingham - Opposed Motion by Council Member Berg, Seconded by Council Member Castaldo to approve as presented. Vote: 4/0 e. Approval of Charitable Foundation Funding Request for Veteran's Expo (moved from Consent Item 3.0 Recommendation: Approval of Request for Funding. Motion by Council Member Berg, Seconded by Council Member Castaldo to approve as presented. Vote: 3/1 (Council Member Gall voted no) 5. ORAL AND WRITTEN COMMUNICATIONS: Judy Bingham — Beaumont Charitable Foundation and Opinion on Water in the community. Adjournment of the City Council Meeting at 7:28 p.m. Res Ma AGENDA ITEM NO. WARRANTS TO BE AUDITED CITY COUNCIL MEETING October 4, 2011 076923 - 077180 Checks $1,640,256.82 EFT 604 -613 ACH $512,627.20 EFT437 -465 Credit Card $22,968.46 Voids 076989,077054,077055,077100 Payroll PPE 09/01/11 $437,582.79 PPE 09/15/11 $436,995.59 Mutual of Omaha PPE 08/18/11 $17,795.79 PPE 08/18/11 $20,256.03 PPE 08/18/11 $598.73 PPE 09/01/11 $17,805.05 PPE 09/01/11 $20,547.43 PPE 09/01/11 $593.42 Ameriflex 08/29/11 $270.00 09/06/11 $287.27 09/12/11 $252.00 09/15/11 $60.00 09/19/11 $367.27 Affant 09/01/11 $1,585.49 Guardian 09/22/11 $18,011.56 I DO HEREBY CERTIFY THIS WARRANT LIST HAS BEEN COMPILED AND PREPARED TO MEET THE DAILY OPERATIONS FOR THE FISCAL YEAR JULY 1, 2011 TO NNE 30, 2012. SIGNATURE: > .� TITLE: F, A �> /n cC ekl�, City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 076923 08/30/2011 ONTARIO VOLKSWAGEN 27,908.22 VEHICLE 076924 08/30/2011 WARREN JOHN SCHNEIDER 7,093.42 FINAL CHECK 076925 09/02/2011 AAA HAULAWAY 685.00 SERVICES 076926 09/02/2011 ADAMSON INDUSTRIES 5,704.00 SUPPLIES 076927 09/02/2011 AIREZE OF THE DESERT 1,602.00 SERVICES 076928 09/02/2011 SOUTH COAST AQMD 1,249.23 EMMISSION FEES 076929 09/02/2011 AQUA CONSERVE 40.00 LABOR 076930 09/02/2011 ARB /PERP 1,240.00 SERVICES 076931 09/02/2011 BEAUMONT CLEANERS 88.00 SERVICES 076932 09/02/2011 BEAUMONT LAWNMOWER 100.29 SUPPLIES 076933 09/02/2011 BEAUMONT ANIMAL CLINIC 106.00 SERVICES 076934 09/02/2011 BEAUMONT POLICE OFFICERS A 2,050.00 DUES 076935 09102/2011 BRIAN'S LIVE BEE REMOVAL SEF 200.00 SERVICES 076936 09/02/2011 C & A JANITORIAL SERVICES 5,527.20 SERVICES 076937 09/02/2011 CINTAS CORPORATION #150 775.54 SERVICES 076938 09/02/2011 CITY OF BANNING 1,602.00 ANIMAL CARE 076939 09/02/2011 CITY OF CALIMESA 1,899.00 ANIMAL CARE 076940 09/02/2011 COMSERCO 2,891.36 SUPPLIES 076941 09/02/2011 CONSOLIDATED ELECTRICAL DI; 2,057.54 SUPPLIES 076942 09/02/2011 CREATIVE BUS SALES, INC 36.87 SUPPLIES 076943 09/02/2011 DANIELS TIRE SERVICE 3,064.24 VEHICLE MAINTENANCE 076944 09/02/2011 DEPARTMENT OF ENVIORNMEN- 4,722.12 SERVICES 076945 09/02/2011 JEFF DOOLITTLE 140.00 SERVICES 076946 09/02/2011 GALLS, AN ARAMARK COMPANY 2,551.04 SUPPLES 076947 09/02/2011 GREENWOOD'S UNIFORMS 35.95 UNIFORM 076948 09/02/2011 BRODY HAYS 40.00 REFUND 076949 09/02/2011 HdL, COREN & CONE 1,575.00 SERVICES 076950 09/02/2011 HI -WAY SAFETY INC 113.58 SUPPLIES 076951 09/02/2011 HOUSTON & HARRIS PCS 453.75 SERVICES 076952 09/02/2011 HOWARD'S WEED ABATEMENT 1,279.00 SERVICES 076953 09/02/2011 HUNTINGTON COURT REPORTEI 2,454.30 SERVICES 076954 09/02/2011 INTERSTATE FIRE 228.00 SUPPLIES 076955 09/02/2011 INTERNATIONAL CONFERENCE f 125.00 MEMBERSHIP FEE 076956 09/02/2011 ISMAEL PEREZ 6,700.00 SERVICES 076957 09/02/2011 JOE A.GONSALVES & SON 3,045.00 SERVICES 076958 09/02/2011 JP STRIPING 9,992.70 SERVICES Printed 09/27/2011 8:43:57AM Page 1 of 7 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 076959 09/02/2011 KAD PAVING COMPANY 14,622.70 SERVICES 076960 09/02/2011 KNORR SYSTEMS INC. 723.71 SUPPLIES 076961 09/02/2011 MATTHEW PISTILLI 5,370.00 SERVICES 076962 09/02/2011 MDA 50,000.00 DONATION 076963 09/02/2011 NAPAAUTO PARTS 243.99 SUPPLIES 076964 09/02/2011 PAYCHEX HUMAN RESOURCES! 562.50 SERVICES 076965 09/02/2011 PEACEKEEPER INTERNATIONAL 1,622.59 SUPPLIES 076966 09/02/2011 PEAK EXPECTATIONS 496.91 SUPPLIES 076967 09/02/2011 POMA DISTRIBUTING COMPANY 1,556.14 FUEL 076968 09/02/2011 PRE -PAID LEGAL 867.65 PREMIUMS 076969 09/02/2011 PROFORMA 895.00 SUPPLIES 076970 09/02/2011 PRUDENTIAL OVERALL SUPPLY 122.06 UNIFORM 076971 09/02/2011 QUILL CORPORATON 1,926.06 SUPPLIES 076972 09/02/2011 JASON ROLOFF 580.00 REFUND 076973 09/02/2011 S.A MOBIL CARWASH AND DETAI 586.00 SERVICES 076974 09/02/2011 SADDLEBACK MATERIALS 10.00 SERVICES 076975 09/0212011 SAFELITE AUTO GLASS 78.00 SERVICES 076976 09/02/2011 SGP DESIGN AND PRINT 990.00 SUPPLIES 076977 09/02/2011 SO CAL WEST COAST ELECTRIC 830.00 SERVICES 076978 09102/2011 STAPLES CREDIT PLAN 160.82 SUPPLIES 076979 09/02/2011 STERICYCLE INC. 121.30 SERVICES 076980 09/02/2011 SUN BADGE CO. 114.00 SERVICES 076981 09/02/2011 THE GAS COMPANY 140.90 UTILITIES 076982 09/02/2011 UNLINE 185.89 SUPPLIES 076983 09/02/2011 UNITED WAY OF THE 71.00 DONATION 076984 09/02/2011 UST, INC. 175.00 SERVICES 076985 09/02/2011 VERIZON CALIFORNIA 549.61 PHONE 076986 09/02/2011 VOYAGER 27,106.94 FUEL 076987 09/02/2011 WILDERMUTH ENVIRONMENTAL 14,595.15 SERVICES 076988 09/0212011 THE M & M GROUP 11,000.00 SEPT 11 076990 09/02/2011 TASO TECH, INC 3,360.00 SERVICES 076991 09/07/2011 SECRETARY OF STATE 30.00 FILLING FEE 076992 09/09/2011 WALDEN MEDIA PRODUCTIONS 6,000.00 SERVICES 076993 09/09/2011 VETERANS EXPO 500.00 DONATION 076994 09/09/2011 EUGENE NORIEGA 1,987.50 SERVICES 076995 09/09/2011 ARROWHEAD 23.69 SERVICES 076996 09/09/2011 3,800.00 LOAN Printed 09/27/2011 8:43:57AM Page 2 of 7 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 076997 09/09/2011 BEAUMONT- CHERRY VALLEY 200.00 SPONSOR 076998 09/09/2011 BEAUMONT POLICE OFFICERS P 2,100.00 DUES 076999 09/09/2011 CALBO 200.00 TRAINING 077000 09/09/2011 CINTAS CORPORATION #150 287.61 UNIFORM 077001 09/09/2011 CITY OF BANNING 172.02 SERVICES 077002 09/09/2011 CONSOLIDATED ELECTRICAL DI; 14.50 SUPPLIES 077003 09/09/2011 CUSTOM TROPHIES 366.89 SUPPLIES 077004 09/09/2011 DEPARTMENT OF JUSTICE 175.00 SERVICES 077005 09/09/2011 DEPARTMENT OF TRANSPORTAI 1,326.61 SERVICES 077006 09/09/2011 DURA PLASTICS 195.29 SUPPLIES 077007 09/09/2011 E.S.BABCOCK & SONS, INC. 11,560.00 SERVICES 077008 09/0912011 ECONOMICS & POLITICS, INC 2,083.33 SERVICES 077009 09/09/2011 ELAN FINANCIAL SERVICES 1,529.00 SERVICES 077010 09/09/2011 EVENT SERVICES 404.00 SERVICES 077011 09/09/2011 GALLS, AN ARAMARK COMPANY 135.97 SUPPLIES 077012 09/09/2011 GARDNER'S TAX SERVICE 75.00 REFUND 077013 09/09/2011 GOTHIC GROUNDS MANAGEMEP 5,595.00 SERVICES 077014 09/09/2011 HEARTHSIDE HOMES 15,300.00 MONUMENT DEPOSIT REFUND 077015 09/09/2011 HI -WAY SAFETY INC 27.84 SUPPLIES 077016 09/09/2011 HOME DEPOT /CREDIT SERVICE: 350.11 SUPPLIES 077017 09/09/2011 HUMANE SOCIETY OF THE UNITI 25.00 TRAINING 077018 09/09/2011 HUNTINGTON COURT REPORTEI 299.00 SERVICES 077019 09/09/2011 KAD PAVING COMPANY 25,036.00 SERVICES 077020 09/09/2011 KOLA FM 10,230.00 SERVICES 077021 09/09/2011 LEE'S AUTO BODY 589.00 SERVICES 077022 09/0912011 MAMCO, INC 93,182.74 SERVICES 077023 09/09/2011 MOSS,LEVY & HARTZHEIM 1,000.00 SERVICES 077024 09/09/2011 NAPA AUTO PARTS 35.54 SUPPLIES 077025 09/09/2011 NISSHO OF CALIFORNIA INC 4,536.00 SERVICES 077026 09/09/2011 PACIFIC ALARM SERVICE 163.50 SERVICES 077027 09/09/2011 POLYDYNE, INC. 2,576.00 SUPPLIES 077028 09/09/2011 POMAAUTOMOTIVE FUELING IN, 12,639.70 FUEL 077029 09/09/2011 PROFORMA 35.80 SUPPLIES 077030 09/09/2011 PUBLIC SAFETY TRAINING CON: 1,100.00 TRAINING 077031 09/09/2011 QUILL CORPORATON 144.39 SUPPLIES 077032 09/09/2011 RCLEAATREASURER 250.00 TRAINING 077033 09/09/2011 RIVERSIDE LAND CONSERVANG 656.25 SERVICES Printed 09/27/2011 8:43:57AM Page 3 of 7 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 077034 09/09/2011 R S I S, INC. 558.00 SERVICES 077035 09/09/2011 S.A MOBIL CARWASH AND DETAI 1,238.00 SERVICES 077036 09/09/2011 SAFELITE FULFILLMENT INC. 78.93 SUPPLIES 077037 09/09/2011 SPANKY'S PORTABLE SERVICE 45.99 SERVICES 077038 09/09/2011 STATER BROS GENERAL OFFICE 492.58 SUPPLIES 077039 09/09/2011 SUN BADGE CO. 220.19 SUPPLIES 077040 09/09/2011 TELEPACIFIC COMMUNICATION: 4,580.45 SERVICES 077041 09/09/2011 TURF STAR, INC. 1,180.64 SUPPLIES 077042 09/09/2011 UNDERGROUND SERVICE ALER" 323.00 SERVICES 077043 09/09/2011 UNION BANK OF CA., N.A. 16,145.26 SERVICES 077044 09/09/2011 UNITED WAY OF THE 71.00 DONATION 077045 09/09/2011 UTILITY PARTNERS 120,054.00 SERVICES 077046 09/09/2011 VERIZON CALIFORNIA 512.96 PHONE 077047 09/09/2011 VERIZON WIRELESS 4,164.31 PHONE 077048 09/09/2011 WASH MASTER 570.00 SERVICES 077049 09/09/2011 WASTE MANAGEMENT, INC. 363,913.69 SERVICES 077050 09/09/2011 WEST COAST LIGHTS & SIRENS 2,039.27 SERVICES 077051 09/09/2011 WOODCREST VEHICLE CENTER 2,309.77 SERVICES 077052 09/09/2011 SEIU 1,260.00 DUES 077053 09/09/2011 TASO TECH, INC 9,146.93 SUPPLIES 077056 09/14/2011 UNITED STATES TREASURY 850.00 SERVICES 077057 09/14/2011 ACCESS 2 SAVINGS 465.40 SUPPLIES 077058 09/14/2011 ANTIMITE 165.00 SERVICES 077059 09/14/2011 ARROWHEAD 47.38 SERVICES 077060 09/14/2011 BANNING VETERINARY HOSPITA 258.00 SERVICES 077061 09/14/2011 BARNES DISTRIBUTION 68.60 SUPPLIES 077062 09/14/2011 ONTRAC 15.08 SERVICES 077063 09/14/2011 CDW GOVERNMENT, INC. 208.18 SUPPLIES 077064 09/14/2011 CHERRY VALLEY NURSERY 354.88 SUPPLIES 077065 09/14/2011 CINTAS CORPORATION #150 742.19 SERVICES 077066 09/14/2011 COLONIAL LIFE AND 343.66 INSURANCE 077067 09/14/2011 CR &R INC. 4,712.00 SERVICES 077068 09/14/2011 DAVINCI 6.47 SERVICES 077069 09/14/2011 DEPARTMENT OF JUSTICE 25.00 SERVICES 077070 09/14/2011 DIRECTV 99.99 SERVICES 077071 09/14/2011 JEFF DOOLITTLE 475.00 SERVICES 077072 09/14/2011 DURA PLASTICS 547.35 SUPPLIES Printed 09/27/2011 8:43:57AM Page 4 of 7 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 077073 09/14/2011 ECS IMAGING, INC. 1,419.00 SUPPLIES 077074 09/14/2011 EVENT SERVICES 202.00 SERVICES 077075 09/14/2011 GREENFEAT 3,500.00 SERVICES 077076 09/14/2011 HI -WAY SAFETY INC 44.00 SUPPLIES 077077 09/14/2011 HIGHLAND SPRINGS EXPRESS L 48.98 SERVICES 077078 09/14/2011 JOHNSON POWER SYSTEMS 839.28 SUPPLIES 077079 09/14/2011 KEEP IT GREEN 150.00 SERVICES 077080 09/14/2011 LISA MONTEZ 40.00 DEPOSIT REFUND 077081 09/14/2011 NAPAAUTO PARTS 1,061.94 VEHICLE MAINTENANCE 077082 09/14/2011 PACIFIC ALARM SERVICE 205.50 SERVICES 077083 09/14/2011 PARKHOUSE TIRE, INC. 669.42 VEHICLE MAINTENANCE 077084 09/14/2011 PRUDENTIAL OVERALL SUPPLY 558.28 UNIFORM 077085 09/14/2011 PURCHASE POWER 1,019.99 SERVICES 077086 09/14/2011 QUILL CORPORATON 552.05 SUPPLIES 077087 09/14/2011 SGP DESIGN AND PRINT 174.00 SERVICES 077088 09/14/2011 SIMPLER LIFE EMERGENCY PRC 916.70 SUPPLIES 077089 09/14/2011 SOUTHERN CALIF.EDISON 27,868.91 UTILITIES 077090 09/14/2011 SOUTH COAST LIGHTING & DESI 14,476.00 SUPPLIES 077091 09/14/2011 THE GAS COMPANY 133.35 UTILITIES 077092 09/14/2011 PETE TRIPP 60.72 OVER PAYMENT REFUND 077093 09/14/2011 TULE RANCH /MAGAN FARMS 23,130.15 SERVICES 077094 09/14/2011 TYLER WORKS 50.00 SERVICES 077095 09/14/2011 UTILITY PARTNERS 30,425.00 SERVICES 077096 09/14/2011 VERIZON CALIFORNIA 1,294.88 PHONE 077097 09/14/2011 WEST COAST LANGYARDS INC. 128.62 SUPPLIES 077098 09/14/2011 WRIGHT SEPTIC 1,500.00 SUPPLIES 077099 09/14/2011 TASO TECH, INC 3,836.30 SERVICES 077101 09/23/2011 ASCO SERVICES INC. 11,952.81 SUPPLIES 077102 09/23/2011 AUTOMATION PRIDE 5,500.00 SERVICES 077103 09/23/2011 BANNING VETERINARY HOSPITA 57.00 SERVICES 077104 09/23/2011 BEAUMONT GLASS CO. 345.13 SERVICES 077105 09/23/2011 BEAUMONT - CHERRY VALLEY WY 10,971.14 UTILITIES 077106 09/23/2011 BEAUMONT LAWNMOWER 817.17 SERVICES 077107 09/23/2011 BEAUMONT MOTORCYCLES, LLC 137.28 SUPPLIES 077108 09/23/2011 CALIFORNIA LICENSED PHLEBO' 320.00 SERVICES 077109 09/23/2011 CDW GOVERNMENT, INC. 1,829.36 SUPPLIES 077110 09/23/2011 CGLIC - CHATTANOOGA EASC 98,780.01 MEDICAL Printed 09/27/2011 8:43:57AM Page 5 of 7 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 077111 09/23/2011 CINTAS CORPORATION #150 424.71 UNIFORM 077112 09/23/2011 DANGELO CO. 822.00 SUPPLIES 077113 09/23/2011 DEPARTMENT OF JUSTICE 1,754.00 SERVICES 077114 09/23/2011 DOOLEY ENTERPRISES, INC. 2,586.00 SUPPLIES 077115 09/23/2011 DURA PLASTICS 27.30 SUPPLIES 077116 09/23/2011 ECOGREEN ENVIRONMENTAL, L 160.42 SUPPLIES 077117 09/23/2011 ENTENMANN -ROVIN CO 205.84 SUPPLIES 077118 09/23/2011 EVENT SERVICES 532.50 SERVICES 077119 09/23/2011 FEDEX 54.83 SHIPPING 077120 09/23/2011 FTI SERVICES 6,850.00 SERVICES 077121 09/23/2011 GALLS, AN ARAMARK COMPANY 905.21 SUPPLIES 077122 09/23/2011 GODWIN PUMPS 113,508.61 SUPPLIES 077123 09/23/2011 Gosch 158.43 VEHICLE MAINTENANCE 077124 09/23/2011 GOTHIC GROUNDS MANAGEMEP 5,330.00 SERVICES 077125 09/23/2011 GOVPARTNER 500.00 SERVICES 077126 09/23/2011 GREENWOOD'S UNIFORMS 49.95 UNIFORMS 077127 09/23/2011 HEARD'S INVESTIGATIONS 150.00 SERVICES 077128 09/23/2011 AMY HERR 40.00 REFUND 077129 09/23/2011 HI -WAY SAFETY INC 1,038.90 SUPPLIES 077130 09/23/2011 HIGHLAND SPRINGS CAR WASH 378.00 SERVICES 077131 09/23/2011 HOME DEPOT /CREDIT SERVICE: 674.72 SUPPLIES 077132 09/23/2011 HUNTINGTON COURT REPORTEI 2,094.64 SERVICES 077133 09/23/2011 INTER VALLEY HEALTH PLAN 500.00 DEPOSIT REFUND 077134 09/23/2011 KAD PAVING COMPANY 173,733.77 SERVICES 077135 09/23/2011 JENNIFER KISA 40.00 DEPOSIT REFUND 077136 09/23/2011 KNORR SYSTEMS INC. 3,813.00 SUPPLIES 077137 09/23/2011 NABIL KOZMAN 30.36 OVERPAMENT REFUND 077138 09/23/2011 LEXISNEXIS 148.00 SERVICES 077139 09/23/2011 LEXISNEXIS EXPRESS SCREENII 24.95 SERVICES 077140 09/23/2011 NAPAAUTO PARTS 242.58 SUPPLIES 077141 09/23/2011 NATIONAL CONSTRUCTION REN 222.33 SERVICES 077142 09/23/2011 NEXTEL COMMUNICATIONS 150.38 PHONE 077143 09/23/2011 NEXTEL 718.97 PHONE 077144 09/23/2011 KOURTNEY O'BRIEN 1,033.78 PER -DIEM 077145 09/23/2011 PACIFIC ALARM SERVICE 128.50 SERVICES 077146 09/23/2011 PCS PROFESSIONAL CONSTRU( 85.00 SERVICES 077147 09/23/2011 PDSI 5,040.00 SERVICES Printed 09/27/2011 8:43:57AM Page 6 of 7 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 077148 09/23/2011 PHOENIX ENVIRONMENTAL INC 6,840.00 SERVICES 077149 09/23/2011 AMERISOURCE FUNDING, INC 990.00 SUPPLIES 077150 09/23/2011 PROFORMA 1,195.44 SUPPLIES 077151 09/23/2011 PRUDENTIAL OVERALL SUPPLY 366.18 UNIFORM 077152 09/23/2011 QUILL CORPORATON 2,450.25 SUPPLIES 077153 09/23/2011 RAMONA HUMANE SOCIRTY INC 6,863.82 SERVICES 077154 09/23/2011 RIVERSIDE COUNTY INFORMATI, 118.72 SERVICES 077155 09/23/2011 ERNESTO REYNOSO 8.28 REFUND 077156 09/23/2011 RIVERSIDE LAND CONSERVANC 663.88 SERVICES 077157 09/23/2011 RODRIGO PENA PHOTOGRAPHY 1,575.00 SERVICES 077158 09/23/2011 RUSSELL'S HEATING & AIR CONI 142.50 SERVICES 077159 09/23/2011 S.A MOBIL CARWASH AND DETAI 1,582.00 SERVICES 077160 09/23/2011 SIMPLOT PARTNERS 1,312.00 SUPPLIES 077161 09/23/2011 DAVID SMITH 1,033.78 PER -DIEM 077162 09/23/2011 SOUTHERN CALIF.EDISON 43,807.60 UTILITIES 077163 09/23/2011 SPORTSTUFF 157.00 SUPPLIES 077164 09/23/2011 STAGECOACH TOWING 790.00 SERVICES 077165 09/23/2011 SUN BADGE CO. 73.00 SERVICES 077166 09/23/2011 SYMBOLARTS 652.50 SUPPLIES 077167 09/23/2011 TELEPACIFIC COMMUNICATION: 712.64 SERVICES 077168 09/23/2011 THE GAS COMPANY 62.17 UTILITIES 077169 09/23/2011 TURF STAR, INC. 2,310.96 SUPPLIES 077170 09/23/2011 WENDY TURNER 110.00 DEPOSIT REFUND 077171 09/23/2011 VERIZON CALIFORNIA 2,461.68 PHONE 077172 09/23/2011 VERIZON 22.83 PHONE 077173 09/23/2011 WASH MASTER 64.00 SERVICES 077174 09/23/2011 WEST PAYMENT CTR. 402.50 SERVICES 077175 09/23/2011 WEST COAST LIGHTS & SIRENS 609.00 SUPPLIES 077176 09/23/2011 DEREK A W ILLIAMS 862.50 SERVICES 077177 09/23/2011 WRIGHT SEPTIC 225.00 SUPPLIES 077178 09/23/2011 FRANCIS COE 142.00 PER -DIEM 077179 09/23/2011 TASO TECH, INC 3,360.00 SERVICES 077180 09/23/2011 JOSHUA ELLSWORTH 4,850.24 EMP. LOAN 1,640,256.82 Printed 09/27/2011 8:43:57AM Page 7 of 7 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: EFT000604 09/01/2011 AKLUFI AND WYSOCKI 16,675.00 SERVICES EFT000605 09/01/2011 RICHARD COOK 3,579.00 SERVICES EFT000606 09/01/2011 MITCHELL WHITE 3,579.00 SERVICES EFT000607 09/09/2011 BEAUMONT ELECTRIC INC. 1,604.00 SERVICES EFT000608 09/09/2011 R.MOODY CONSTRUCTION, INC. 22,151.00 SERVICES EFT000609 09/09/2011 STEVE MOORE COMMUNICATIOI 1,712.50 SERVICES EFT000610 09/14/2011 URBAN LOGIC CONSULTANTS 455,528.93 SERVICES EFT000611 09/22/2011 BEAUMONT ELECTRIC INC. 847.77 SERVICES EFT000612 09/22/2011 JAMES NEHMENS 5,000.00 SERVICES EFT000613 09/22/2011 STEVE MOORE COMMUNICATIOI 1,950.00 ��,� ILZ5 512,627.20 Printed 09/27/2011 8:39:39AM Page 1 of 1 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: EFT000000000437 09/02/2011 ALL PURPOSE RENTALS 487.40 SERVICES EFT000000000438 09/02/2011 ARAMARK 574.03 SUPPLIES EFT000000000439 09/02/2011 BEAUMONT TIRE 419.17 SERVICES EFT000000000440 09/02/2011 BEAUMONT ACE HOME CENTER 115.62 SUPPLIES EFT000000000441 09/02/2011 CHERRY VALLEY AUTOMATIVE 2,342.79 SERVICES EFT000000000442 09/02/2011 HIGH TECH IRRIGATION,INC. 1,977.32 SUPPLIES EFT000000000443 09/02/2011 SHRED -IT 217.00 SERVICES EFT000000000444 09/09/2011 ALL PURPOSE RENTALS 429.75 SERVICES EFT000000000445 09/09/2011 ARAMARK 162.94 SERVICES EFT000000000446 09/09/2011 BEAUMONT TIRE 316.05 SERVICES EFT000000000447 09/09/2011 BEAUMONT ACE HOME CENTER 233.84 SUPPLIES EFT000000000448 09/09/2011 CHERRY VALLEY AUTOMATIVE 554.43 SERVICES EFT000000000449 09/09/2011 DIAMOND HILLS AUTO GROUP 154.64 SERVICES EFT000000000450 09/09/2011 HIGH TECH IRRIGATION,INC. 3,126.52 SUPPLIES EFT000000000451 09/14/2011 BEAUMONT TIRE 251.90 VEHICLE MAINTENANCE EFT000000000452 09/14/2011 BEAUMONT ACE HOME CENTER 79.14 SUPPLIES EFT000000000453 09/14/2011 GOPHER PATROL 2,867.00 SERVICES EFT000000000454 09/14/2011 PITNEY BOWES 179.00 SERVICES EFT000000000455 09/14/2011 XEROX CORPORATION 3,146.45 SERVICES EFT000000000456 09/22/2011 ARAMARK 370.02 SUPPLIES EFT000000000457 09/22/2011 BEAUMONT TIRE 52.47 SERVICES EFT000000000458 09/22/2011 BEAUMONT ACE HOME CENTER 188.61 SUPPLIES EFT000000000459 09/22/2011 CHERRY VALLEY AUTOMATIVE 1,482.90 SERVICES EFT000000000460 09/22/2011 DIAMOND HILLS AUTO GROUP 941.03 SERVICES EFT000000000461 09/22/2011 GORM, INC. 356.51 SUPPLIES EFT000000000462 09/22/2011 HIGH TECH IRRIGATION,INC. 380.36 SUPPLIES EFT000000000463 09/22/2011 PITNEY BOWES 152.37 SERVICES EFT000000000464 09/22/2011 SHRED -IT 187.00 SERVICES EFT000000000465 09/22/2011 XEROX CORPORATION 1,222.20 SERVICES 22,968.46 Printed 09/27/2011 8:42:34AM Page 1 of 1 iaw CLAIM FORM 2011 CITY OF BEAUMONT 550 East Sixth Street Beaumont, California 92223 Telephone: 951- 769 -8520 Fax 951- 769- 852�'h1�c Date this Claim form was filled out: 2. Name of Claimant: Sara r -E:,\:'e 3. Mailing Address of Claimant: n 19 i c�t� Sel , 5 La w 4. Mailing Address to which Claimant desires notices to be sent: 5. The date of the occurrence or transaction which gave rise to the Claim: R. aci. 1 6. The place of the occurrence or transaction which gave rise to the Claim: GtrJiv! (VC 7. A general description of the indebtedness, obligation, injury, damage or loss incurred so fnarr as it may be known to the Claimant: (attach additional sheets if necessary) o f h2 � T- L NltJ 'r' Tali ta7h�e% my °n;1t Carne r,�� 8. The name or names of the public employee or employees causing the injury, damage, or loss, if known: 9. The amount of the Claim: $ �3 ATTACH SUPPORTING INFORMATION I hereby declare, under penalty of perjury under the laws of the State of California, that the information presented in this claim is true and correct. 10. Claimant's signature: Print Name: R� e Date this Claim is signed: 4Z '3i- I( Claimant's phone number:_ qS( X Agenda Item No. J - STAFF REPORT To: Honorable Mayor and Council Members From: Ashley Starr, Customer Service Coordinator Date: October 4, 2011 Subject: Approval of the Revised City of Beaumont's "Energy Action Plan" per requirements of the Southern California Edison's "Energy Leaders Partnership" Background and Analysis: On September 21, 2010, the Beaumont City Council approved the City of Beaumont's "Energy Action Plan" per requirements of the Southern California Edison's "Energy Leaders Partnership ". The EAP was approved as a living document which may be revised and altered to accommodate any future needs that the City of Beaumont may encounter. The "Energy Action Plan" (EAP) outlines the following information: • History of energy planning in the City of Beaumont • Calculation of baseline municipal energy usage • Identification of accounts with the greatest energy usage • Identification of target energy reduction goals • Potential funding sources for energy efficiency projects • Current and future programs /policies relating to energy efficiency and sustainability. Staff has revised "Attachment A — Future Energy Efficiency Projects Listing" to show an accurate list of pending and future projects. Dates and timelines have been adjusted for pending and future projects. Recommendation: Staff recommends APPROVAL of the revised Energy Action Plan. Respectfully s ; CITY OF BE UMO i Ashley Starr, Customer Service Coordinator Ord City of Beaumont Energy Action Plan CLEAN LOVE EFFORTS pp ALIVE , ALTERNATIVE ;� 5; REUSE PC r-;LT" FRESH AIR- 4z—>mEC0 INNOVATION Mr',,,:0nz0RGANIC OUT), CREATIVITY M=JB ILD PROTECTHOPE [:T'�GLOQAL- I W FRM LCM FRESH or, X M.,,—. NE 4- EUSEzMNW M B E G IMM N G R i J 0 r, * dr:;-; ENEWABLE 0 M <,r,�E ART H FUTURE 20- "0' �n--<TREEC).,0 ECOLOGY < CM, REUSE M a < Z LOVE z AIR M z The City of Beaumont's L"A Gavommeffl Emir," Adim PartmiraMp with Southern California Edison ALTERmTmNATURAL GREFN W C 6' GREEN ORGANIC D BUILDING LEAF ECO;= :4 4 Revised on: September 26th, 2011 Table of Contents EXECUTIVE SUMMARY ......................................... ..............................4 SECTION 1- INTRODUCTION ................................. ..............................5 1.1 HISTORY OF ENERGY PLANNING IN BEAUMONT ................................5 1.2 OTHER AGENCY GOALS .................................... ..............................5 SECTION 2 -CITY OF BEAUMONT ENERGY USE ....... ..............................6 2.1 CITY OF BEAUMONT BASELINE MUNICIPAL ENERGY USE ...................6 2.2 HIGHEST USERS ................................................ ..............................7 2.3 CURRENT ENERGY PROGRAMS / POLICIES ............ ..............................7 SECTION 3 -CITY OF BEAUMONT TARGET REDUCTION GOALS ...............8 SECTION 4 -CITY OF BEAUMONT ACTION STEPS ...... ..............................8 4.1 FUNDING OF PROJECTS ...................................... ..............................9 4.2 POLICIES .......................................................... ..............................9 4.3 TRACKING ........................................................ ..............................9 CONCLUSIONS....................................................... ..............................9 ATTACHMENTS...................................................... .............................10 Executive Summary With the unprecedented energy challenges resulting from increased import dependency, concerns on supply of fossil fuels worldwide, and an undoubtedly discernable climate change, it is clear that action needs to be taken. In order to combat these problems, a relationship has been formed between Southern California Edison and the City of Beaumont to create and implement an Energy Action Plan. This EAP lists goals for the city's future and sets forth commitments to achieve these goals through specific actions. These actions will ensure that sufficient, dependable, and reasonably - priced electrical power and energy supplies are achieved and provided through policies, strategies, and actions that are cost - effective and environmentally sound for the city's consumers and taxpayers. This plan looks at retrofitting municipal facilities to provide greater energy efficiency, various methods for reducing the overall carbon footprint of the City of Beaumont and its community of energy users, and demand reduction strategies that can further offset the energy needs for the City of Beaumont, including the use of renewable energy sources. This EAP is a living document meant to change with time, experience, introduction of new technologies and needs as the city progresses toward a sustainable future. The City of Beaumont is committed to address these challenges and take environmental leadership in producing a sustainable future. In light of this commitment, the Beaumont City Council approved Resolution 2008 -11, in which the City officially recognized the need for energy conservation and resource sustainability. The City of Beaumont has partnered with their "hometown utility," Southern California Edison (herein referred to as The Partnership) to provide the community of Beaumont with vital energy efficiency information, training, and materials. The program is community -based and helps public agencies, businesses, and residents reduce energy use and expenses. The Partnership provides project identification analysis for city facilities, Energy Action Plans (EAP's) and implementation of the recommended energy efficiency projects in the city facilities. -4- SECTION 1 — INTRODUCTION The aim of the City of Beaumont's energy action plan is to reduce municipal energy usage by 20% by the year 2012, enroll qualified accounts in demand response programs, and to identify the largest users of energy among municipal accounts using a utility manager software system. 1.1 History of Energy Planning in Beaumont In 2008, the Beaumont City Council approved Resolution 2008 -15, A Resolution of the City Council of the City of Beaumont, California, Declaring the City's Support for an Energy Partnership between Southern California Edison and the City of Beaumont. The aim of this partnership is to assist the City of Beaumont in reducing our municipal energy usage by 20% by the year 2012 as well as to jointly deliver marketing, education, and outreach to the community focusing on energy efficiency and resource conservation. The Partnership recognizes Beaumont as a forerunner in taking action to be as energy efficient as possible, given the various constraints attached to operating a public agency. To assure success in their commitment, Beaumont city staff has consistently met with representatives from Southern California Edison on a monthly basis to determine future energy efficiency projects as well as tracking and monitoring ongoing projects. Projects include municipal retrofits as well as marketing, education, and outreach campaigns. The Partnership Team has submitted special projects to coincide with the City's annual fiscal budget. In June of this year, the City Council adopted their annual budget to include funding for several energy efficiency projects to be completed within the next three years. At each City Council meeting, the City Manager provides a "Sustainability Update" detailing the progress that has been made in the City's efforts toward promoting a "green" and sustainable community. Although the City of Beaumont is involved in numerous projects related to the goal of sustainability, the focus of this report will be on energy efficiency and conservation of natural resources. Beaumont capitalized on incentive opportunities to obtain a free assessment through the Partnership whereby a team of energy professionals visited the city's facilities and provided detailed recommendations on ways to increase energy efficiencies and obtain their goals. The assessment acts as a guide for Beaumont to make informed energy upgrade decisions. 1.2 Other Agency Goals The State of California passed climate action legislation, AB 32 which provides goals that the state will reduce greenhouse gas emissions to 1990 levels by the year 2020. This is especially significant for California since the state has been identified as being the is most significant emitter of greenhouse gases in the world. It is essential that California take the leadership and put an aggressive program in place for mitigating -5- GHG emission. The greenhouse gases targeted by this legislation are those contributed by human activity such as water vapor, carbon dioxide, methane, nitrous oxide, and ozone. Carbon dioxide is the most common greenhouse gas focused on by climate scientists and the general public and will be the target of reduction in this Energy Action Plan. In order to accomplish this goal the state needs to partner with cities and counties so that they can drive this effort on the local level. With imperative energy efficiency on the rise and the strong support and incentives that local utilities provide its customers, it is more feasible for cities to take actions that make meaningful changes. Cities can receive incentives to have audits conducted where energy conservation HVAC and lighting consultants determine energy efficiency opportunities at city facilities along with incentives to implement suggested actions. These audits fuel awareness in city management structures and governments. The bottom line is that energy efficiency projects are easier to do now more than ever as funding is provided for both the means and the ends. The Partnership supports the City of Beaumont in being a leading partner in meeting California's goal of carbon emission reduction as well as on establishing a policy on carbon emissions reduction. The City of Beaumont has already made significant inroads of carbon emissions reduction on a local level with the numerous energy efficiency projects completed. Details of these efforts, along with their environmental impact, are outlined throughout this document. Other cities in the San Gorgonio pass area can benefit from the structure and commitment Beaumont has already exemplified and the ground they've covered in its efforts to reduce their carbon emissions. SECTION 2 — CITY OF BEAUMONT ENERGY USE 2.1 City of Beaumont Baseline Municipal Energy Use The City of Beaumont has been one of the fastest growing cities in the State of California over the past decade, and as such, energy usage over the past few years has risen. Please see the table below which outlines the City's energy usage trends over the past three years (in thousands). Year kWh Cost 2008 6527 741 2009 6951 784 2010 (to date) 4163 471 The table below outlines current energy usage (2010 YTD) information for various municipal facilities: -Facifity Type I Annual kWh Usage Annual Cost Lighting (Street /Park/Traffic) 1 1,269,864 $188,606.69 Beaumont Civic Center 197,930 $29,265 Connnunity Recreation Center 294,160 $45,421 Police Department (Old) 286,423 $34,214 Police Admin. Building (New) 79,440 $11,625 Waste Water Treatment Plant 4,093,229 $347,761 Sewer Lift Stations 665,972 $111,427 Irrigation 135,583 $26,781 Municipal Pool 6,370 $5,700 Transit /Maintenance Yard 66,647 $11,711 Total Annual Cost: $810,625.15 Total Annual kWh: 7,066,589 2.2 Highest Users The City has already identified the highest users of energy to target for upcoming retrofits; they are the new Police Administration Building and Dispatch /IT Center as well as the Waste Water Treatment Plant and sewer lift stations. In addition, the City plans to put all City owned accounts on a utility manager software system to further explore options for reductions in energy usage and demand response opportunities. 2.3 Current Energy Programs /Policies PLEASE SEE ATTACHMENT B- COMPLETED MUNICIPAL ENERGY EFFICIENCY PROJECTS LISTING No -Cost Measures Currently Being Implemented at City Facilities: Office Equipment • Turn on the energy saving features for all computers. These can turn off monitors and turn the computers to standby mode when they are not being used, providing an easy way to save electricity. Most screen savers do not save electricity. • Turn off computers, printers and copiers when you leave the building. Even in standby mode these systems will use a small amount of electricity. Lighting Since lighting consumes a great amount of energy we cannot overlook the no- cost saving opportunities such as: • Turn off lighting in unoccupied areas. • Turn off lighting when the building is vacant. • Encourage occupants to turn their lights off when they will be out of the office for more than 15 minutes. • If dimmers are installed, the lighting levels can usually be reduced without affecting occupant comfort. Essentially, reducing the light level by 10% can -7- save almost 10% of the energy consumption, and the 10% lighting reduction is difficult to detect by the human eye. It pays to use the dimmers you have installed. HVAC • Clean coils, repair leaking ductwork. • Check economizer operation. • For cooling, set the thermostat to 78° F during the workday and to 85° F or off when your facility is vacant. For heating, set to 68° F during the workday and to 63° F after hours. Low -Cost Measures Currently Being Implemented at City Facilities: Lighting • Remove and replace yellowed diffusers on lighting fixtures. • Title 24 AB switch lighting circuits allow the user to control individual lamps in a fixture with more than one lamp; they are typically used with linear "tube" fluorescent lighting. They are a very efficient way to cut energy usage when there is no need for maximum lighting levels. If dual- switch circuits are installed, use them to adjust lighting levels. For example, in an area with day lighting from windows or skylights, switch off one circuit when the daylight levels provide sufficient lighting for the area. HVAC • Establish a maintenance contract for the furnace and air conditioner units. • Change filters regularly. • Repair or replace defective door and window seals. SECTION 3 — CITY OF BEAUMONT TARGET REDUCTION GOALS ➢ By the year 2012, the City of Beaumont plans to reduce energy consumption by 20 %. SECTION 4 — CITY OF BEAUMONT ACTION STEPS ➢ The City of Beaumont will implement a utility management software system by the fourth quarter of 2011/2012. ➢ The City of Beaumont plans to adopt a mandatory green building ordinance for future municipal projects by the first quarter of 2011. ➢ The City of Beaumont will work to create a comprehensive greenhouse gas emissions inventory and baseline to be completed by January 2012. 4.1 Municipal Facility Energy Efficiency Projects ➢ The City of Beaumont plans to retrofit the Police Admin. Building and Dispatch /IT Center by third quarter of 2011. ➢ PLEASE SEE ATTACHMENT A- FUTURE MUNICIPAL RETROFIT PROJECTS Funding of Projects The City of Beaumont will leverage grant funding sources, savings from previous energy efficiency projects as well as rebates /incentives from completing other energy efficiency projects to continue to fund energy efficiency retrofit projects and meet the City's goals of reducing energy consumption by 20% by the year 2012. Policies The City's proposed "green building" ordinance for City owned facilities will also ensure that any new buildings /projects are designed to conserve energy as well as other natural resources. Tracking • The City of Beaumont will work to create a comprehensive greenhouse gas emissions inventory and baseline to be completed by January 2012. • The City of Beaumont will implement a utility management software system by the fourth quarter of 2011/2012. CONCLUSIONS The City of Beaumont is dedicated to reaching our goal of reducing community and municipal energy usage by 20% by the year 2012. Through careful planning and identification of strong projects, the City of Beaumont hopes to lead by example and encourage other local jurisdictions as well as community members and business owners to make the move toward reducing their carbon footprint through energy efficiency. Attachments ATTACHMENT A- Future Energy Efficiency Projects ATTACHMENT B- Completed Municipal Energy Efficiency Projects GENERAL NOTE: All information is confidential and is not to be re- distributed without the written consent of the City of Beaumont. Attachment A: Future Energy Efficiency Projects Item Project Name Cost Savings ELP Partnership Expected Rebate Project Description Participation per year reduction)* Life Payment— or CA Solar) Additional maintenan ce) Equipment Expectancy Payback co� (years) Saved 1 Mesa Lift Station - VFD Expectancy Install VFD on 250 HP pump at Mesa Lift Station SPC N/A 39,092 $ 50,819.60 $ 14,072.94 $ 3,127.36 (years) 10 years (tons/year) N/A 26.21 2 Beaumont PD Lighting Replace existing T -12 and incandescent fixtures with SPC /Express $ 21,835.29 52,592 $ 44,177.18 $ 18,933.12 $ 1,653.25 6 years 1 year 35.26 Retrofit new energy efficient fixtures. Efficiency 3 Beaumont Civic Center Replace various existing fixtures with new, energy SPC /Express $ 32,560.29 30,752 $ 25,831.68 $ 11,070.72 $ 756.50 6 years 5 years 20.62 Lighting Retrofit efficient fixtures. Efficiency Old Town Beaumont Replace 163 - 100 watt (LS -1) HPS fixtures with 78 4 Rehabilitation - LED Watt LED fixtures in Residential Areas, Schools and SPC $ 96,527.00 14,846 $ 48,249.50 $ 5,344.57 $ 742.30 $ 65,100.00 25 years 17 years 9.95 Retrofit Parks 5 Internal Measures - City Turning off pool pumps for 12 hours a day (Bob N/A $ - 60,955 $ 25,601.10 $ - 3 years N/A 40.87 Pool Sherwood) Change street lighting design for Old Town 6 Old Town Beaumont Rehabilitation - Options D Rehabilitation project (D: 32 - type BC -1 poles) and (E: SPC $ 23,400.00 14,283 $ 35,707.50 $ 5,141.88 $ 715.15 $ 39,000.00 25 years 6 years 9.58 & E (6th Street) HIPS fixtures will change to 23 -type BC -2 poles). H Induction fixtures per standard conversion ratio. Change street lighting design for Old Town 7 Old Town Beaumont Rehabilitation - Induction Rehabilitation project (Commercial, Beaumont Ave., SPC $ 45,900.00 31,671 $ 79,177.50 $ 11,401.56 $ 1,583.55 $ 78,000.00 25 years 5years 21.24 and Oak Valley). HIPS fixtures will change to induction 1 Retrofit fixtures per standard conversion ratio. is 220,222.59 244,191 $ 309,564.16 $ 65,964.79 $ 8,578.11 $ 182,200.00 Tonsof CO,Saved: 163.73 *— Pricing not deliverable. Generated for budget purposes only. GENERAL NOTE: All information is confidential and is not to be re- distributed without the written consent of the City of Beaumont. 'kWh savings — Rebate paid over life "Incentive based upon program expectancy at on 0.12 /kWh saved Participation and todays rates no for 3 years availability. increases Attachment B: Completed Municipal Energy Efficiency Projects Agenda Item No. J :� STAFF REPORT To: Mayor and Council Members From: Community and Economic Development Department Date: October 4, 2011 Subject: Request for fee waiver for Conditional Use Permit for " Kidd's Towing and Auto Repair ". Applicant: Brian Kidd BACKGROUND AND ANALYSIS: Staff is in receipt of a request to waive the fees of $750.00 for a Conditional Use Permit for Kidd's Towing and Auto Repair at 875 W. 4th Street. A Conditional Use Permit is required for the establishment of towing business. Attached is letter from Brian Kidd summarizing the financial benefits that Mr. Kidd believes the City would benefit from having this fee waived. However, staff feels that the use does not serve enough of a public purpose for the fee to be waived; and therefore, it should be denied. RECOMMENDATION: Staff recommends that the City Council deny the request of Brian Kidd to waive 750.00 for a Conditional Use Permit for Kidd's Towing and Auto Repair. Very truly yours; CITY OF BEAUMONT Chris Tracy, Associate Planner 6tl-*, September 19, 2011 Brian Kidd Kidd's Towing and Auto Repair, LLC. 875 W. 4th Street Suite C Beaumont, CA 92223 Mr. Chris Tracy Associate Planner City of Beaumont Planning Department 550 E. 6th Street Beaumont, CA 92223 Subject: Waiver of the City of Beaumont Planning Department $750.00 Conditional Use Permit Fee Dear Chris: I would like to take this opportunity to officially and respectfully request that the Planning and Zoning Commission for the City of Beaumont waive the $750.00 fee normally associated with the acquisition of a Conditional Use Permit for the property at 875 W. 4th Street as a Vehicle Storage and Impoundment Lot. It is my belief that the waiver of this fee will facilitate Kidd's Towing and Auto Repair in its ongoing and long term effort of promoting and participating in the growth and development of the City of Beaumont's Business Community as a whole. The reasons for this belief are as follows: ➢ The Best Western El Rancho Motor Inn (located at 480 E. 5th Street) has already requested that Kidd's Towing and Auto Repair manage their vehicle impound needs. Unfortunately; this means that we have been requested to provide a service we are not currently in the appropriate position to perform. By waiving the $750.00 Conditional Use Permit Fee, we can make an immediate turn around on this situation, and provide the Best Western El Rancho Motor Inn —a longtime and well - established business within the City of Beaumont —with the services they need; thereby limiting and rectifying any sort of business disruptions they might experience because of illegally parked vehicles. ➢ Kidd's Towing and Auto Repair is proposing Indoor Storage of all impounded vehicles. This means that any vehicle impounded by Kidd's Towing and Auto Repair will not be left as an unsightly public eyesore (both at the business establishment calling for impoundment, and at our facilities at 875 W. 4th Street). Additionally; in order to meet our goal of 100% indoor storage, Kidd's Towing and Auto Repair will be acquiring and utilizing additional Suite space at our business location of 875 W. 4th Street which will have the added community benefit of reducing the number of vacant and unused business rental and lease property within The City. ➢ By waiving the $750.00 Conditional Use Permit Fee, Kidd's Towing and Auto Repair is in an immediate position to expand our business services and product line. Because of this, we will be able to provide two very real and tangible benefits for our community: We will be able to expand on the job opportunities we can offer to the surrounding community (thereby reducing unemployment rates within The City), and generation of additional tax revenue through occupation of previously unoccupied rental /lease property and increased Auto Repair sales. In closing, I would like to personally thank you for your consideration of this proposal to waive the $750.00 Conditional Use Permit Fee, and express my appreciation to the City of Beaumont for the opportunity to conduct my business within its community. Since establishing Kidd's Towing and Auto Repair at its current location (875 W. 4 h Street) we have experienced exciting and dynamic growth, and look forward to the opportunity to continue that growth. I would also like to inform The City that we are in the process of joining the Beaumont Chamber of Commerce, and certifying Kidd's Towing and Auto Repair as a Disabled Veteran Business Enterprise. Waiver of the $750.00 Conditional Use Permit Fee brings us one step closer to these achieving these goals; and channeling the benefits of our growth back into the community. If you have any comments or questions about my request to waive the $750.00 Conditional Use Permit Fee, please feel free to contact me at 951 - 282 -5220. 1 am available Monday through Friday, 8:00 am to 6:00 pm, and look forward to hearing from you. Again; thank you very much for your consideration. Sincerely, Brian Kidd Owner /Operator Kidd's Towing and Auto Repair, LLC. AGENDA ITEM 3 c To: Mayor and City Council Members From: Frank Coe, Chief of Police Approval: Alan Kapanicas, City Manager Agenda Date: October 4, 2011 Subject: Request for Expenditure of Citizen's Option for Public Safety Program (COPS) — SLESF Allocation for Year 2011 -12 Summary: Staff is requesting that the City Council authorize the acceptance and expenditure of the 2011 -12 Citizen's Option for Public Safety Program - Supplemental Law Enforcement Services Fund (COPS- SLESF) funds which will be utilized to continue funding the position of Police Administrative Analyst. Our Analyst continues to provide the police department analysis of current crime trends occurring not only within the City, but also the region, to allow us to effectively and efficiently deploy our resources. Background: In April 2002, Senate Bill 823 amended Government Code Sections 30061 and 30063 to require that, "the City Council shall appropriate existing and anticipated monies exclusively to fund frontline municipal police services, in accordance with written requests submitted by the Chief of Police ... that provides police services for that city." The funds that are allocated to a county pursuant to this bill are required to be deposited in a Supplemental Law Enforcement Services Fund (SLESF) and allocated to cities based on a specified formula. This funding ensures that each law enforcement agency will receive a minimum of $100,000 and that the funds must be spent no later than June 30th of the following fiscal year. In 2007, the City Council approved the acceptance and expenditure of these funds for the creation of a Police Administrative Analyst. The position was filled shortly after approval, and the department continues to benefit from the analysis and reports generated from this unit. The Police Administrative Analyst position allows the department to track and analyze crime information allowing Staff to allocate resources more appropriately to address problems that are occurring, or may occur within our community in the future, thus enhancing our frontline law enforcement services. D4 Fiscal Impact: The salary and benefits of the Police Administrative Analyst position will be funded through the COPS/ SLESF grant funds. Additional expenses will be funded through the department's current General Fund budget. Police Administrative Analyst: Salary Range— Management Level 7: (Steps 50 -60) Recommendation: Staff recommends that the City Council review and approve the acceptance and expenditure of the COPS / SLESF allocation to continue funding the position of Police Administrative Analyst. STAFF REPORT Agenda Item " TO: Mayor and Council Members FROM: Community and Economic Development Department DATE: October 4, 2011 SUBJECT: Amendment of Streambed Agreement No. 1600 - 2010 -0118 (Revision 2) for the Noble Creek Crossing at Brookside Avenue Project Background and Analysis: In conjunction with Noble Creek Crossing at Brookside Avenue Project, a Streambed Alteration Agreement (SAA) was originally approved by the California Department of Fish and Game (CDFG) and the City Council in May 2011. In the course of finalizing project engineering it was determined that a Southern California Gas Company pipeline had to be relocated below the future bridge using directional boring prior to the start of roadway demolition work. As a result, an Amendment to the Streambed Alteration Agreement was prepared for the Project by the California Department of Fish and Game. Per Section 7 (c) of the City of Beaumont Franchise Agreement executed between the City and the Southern California Gas Company, the Gas Company will indemnify the City for all work done under the permit. The proposed Agreement does not impose any new requirements on the City, it merely covers the impact of the Gas Company's boring operation on aquatic resources. Recommendation: Staff recommends APPROVAL of the Amendment of the Lake or Streambed Alteration Agreement No. 1600- 2010 -0118 (Revision 2) prepared by the CDFG and the Project Progress Report, subject to the authority of the City Attorney to make non - substantive changes to the Agreement and AUTHORIZATION of the Mayor to execute the Agreement and Project Progress Report. Submitte , 1EAU N panica City M a�w�_'FState of California -The Natural Resources Agency EDMUND G. BROWN JR, Govenior DEPARTMENT OF FISH AND GAME Charlton H. Bonham, Director Inland Deserts Region 3602 Inland Empire Blvd., Suite C -220 Ontario, CA 91764 htt�llv✓ww,d fcLca. c�ov September 26, 2011 Ms. Rebecca Deming, Director of Planning Kishen Prathivadi, Assistant Directors of Public Works City of Beaumont 550 E. 61" Street Beaumont, CA 92223 Subject: Amendment of Lake or Streambed Alteration Agreement Agreement No. 1600 - 2010 -0118 (Revision 2) South Fork Road Bridge Replacement Project Dear Ms. Deming and Mr. Prathivadi: The Department of Fish and Game (Department) has received your request to amend Lake or Streambed Alteration Agreement No. 1600- 2010 - 0118 -R6 [Agreement] for the Brookside Avenue Bridge Replacement at Noble Creek Project and the required fee in the amount of $168.00 for a minor amendment. Your request to amend the Agreement includes a change in the project description and avoidance and minimization measures. The Department hereby agrees to amend the agreement as follows (amendments in bold): Project Description. The project will remove the existing, flood- damaged, asphalt dip- crossing along Brookside Avenue through Noble Creek and replace it with an all- weather, double arch - bridge design, which will allow for the sandy bottom of Noble Creek to be restored. The double arch - bridge crossing will be built with a center pier made of concrete and steel one -foot (1') thick on top of a six -foot (6') deep footing that has a length of 90 -feet to support the two (2) 24 -foot wide arches. The project will also include directional drilling a 4 -inch gas main line through the project area (a length of approximately 250 linear feet), approximately 20 -25 feet below the current depth of Noble Creek, and 10 feet below the footings for the bridge. Project Impacts. The construction of the project will permanently impact 0.03 acres of DFG jurisdictional areas by creating sandy bottom wash where the asphalt was before construction of the project. In addition, direction drilling of the 4 -inch gas main line through the project area has the potential to impact an area of 30 square feet if a frac -out should occur. Condition 2.7. The Permittee shall follow the Frac -Out Contingency Plan for Directional Boring Operations submitted to DFG. If a frac -out should occur, Conserving Cahfornids Wiff(ife Since 1870 Ms. Rebecca Deming and Kishen Prathivadi, City of Beaumont September 26, 2011 Page 2 of 3 DFG should be contacted immediately. Within 30 days of the frac -out, a report shall be submitted to DFG that includes the date the frac -out occurred, photographs of the impact area, a written description of the impact area, and actions that were taken on -site during and after the frac -out. If the frac -out affects any vegetation, the impact site shall be seeded /replanted with local California native species, and shall be monitored twice yearly for two years to ensure that the seeding /replanting is successful. A report detailing the progress of the restoration effort (including photographs) shall be submitted to DFG annually. ALL OTHER CONDITIONS IN THE AGREEMENT EXECUTED MAY 16, 2011 REMAIN IN EFFECT UNLESS OTHERWISE NOTED HEREIN. Please sign and return one copy of this letter to acknowledge the amendment. Copies of the Agreement and this amendment must be readily available at project work sites and must be presented when requested by a Department representative or agency with inspection authority. If you have any questions regarding this matter, please contact Joanna Gibson at (909) 987 -7449 or jgibso @ fg.Vca.goy. /Sincerely, Anna Ewing Staff Environmental Scientist Habitat Conservation Planning Ms. Rebecca Deming and Kishen Prathivadi, City of Beaumont September 26, 2011 Page 3of3 ACKNOWLEDGEMENT I hereby agree to the above - referenced amendment. PERMITTEE Rebecca Deming Director of Planning City of Beaumont Date 0 Agenda Item No. i STAFF REPORT To: Mayor and Council Members From: Community and Economic Development Department Date: October 4, 2011 Subject: Authorization to Accept an Offer of Dedication 10 -D -01 for Brookside Avenue Improvements. Background and Analysis: The proposed offer of dedication 10 -D -01 will convey real property for street improvements and maintenance on Brookside Avenue. The Dedication includes a grant of slope easement which gives the City the right to construct and maintain a slope easement and any necessary drainage facilities for maintenance and road improvements. Recommendation: Staff recommends ACCEPTANCE of the proposed offer of dedication 11 -D -01. Respectfully submitted; CITY OF BEAUMONT Rebecca Deming, Director of Planning 0Ck-1 Recording Requested by CITY OF BEAUMONT WHEN RECORDED MAIL TO: CITY OF BEAUMONT 550 E. 6T" STREET BEAUMONT, CA. 92223 No Fee -Gov. 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE IRREVOCABLE RIGHT OF WAY OFFER OF DEDICATION FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, KENNETH ODA hereby GRANTS to the CITY OF BEAUMONT an irrevocable offer of dedication for right of way for public road and drainage purposes, including public utility and public services purposes, together with incidental appurtenances, connection, and structures in, over, under, along, through, and across the real property situated in the City of Beaumont, In the County of Riverside, State of California, hereinafter described as attached Exhibits "A" and "B" and made part of this agreement. GRANT OF SLOPE EASEMENT Together with a perpetual non - exclusive easement with the right to construct and maintain a slope easement and any necessary cross drainage in the land beyond the limits of the road right of way lines where required for maintenance for road Improvements on said real property by the CITY OF BEAUMONT or its successors or assigns. It Is understood and agreed that the easements and rights of way acquired herein are subject to the right of the owner, his successors and assigns, to use the surface of the land within the boundary lines of said easements and rights of way to the extent that such use is compatible with the full and free exercise of said easements and rights of way by the CITY OF BEAUMONT; provided; however, that no fences, block walls, or other structures or other improvements shall be constructed upon, over, and along said easements and rights of way wit .ut first obtaining the written consent of the CITY O BEAUMONT. J I ' Dated BY -1 STATE OF lA it H � ( }SS. Name: �N`G�N GCO N OF 4y)I0It4I4 } ON " Ste' t"` ' %o I ( before me, j &W 111 M Qtitr✓ VW-- personally appeared n 01h D 1 Title: "I-10 cA'Nt m- By, Name: Title: who proved to me on the bast of satisfactory evidence to be the person(W whose name(3) / Pare subscribed to the within A P , Instrument and adcnowledg to me that he/she/they executed ��� ��C FR,Q '�, th some in "erllhelr authorized capacityaW, and that by 11-0 Fip /herltheir signatura eon the instrument the persoroT or the NOTARY entity upon behalf of which the persorl(eer acted, executed the = PUBLIC instrument. - Comm. No. I certify under Penalty of Perjury under the laws of the State of ; 10-109 California that the foregoing paragraph is true and correct. OF VA ���ddd P� WITNESS my he and official seal v / /�� venrroerrreiia /WwrylreYG srrrofAo»rii Signature — c�pirs M�v23 20/! Of Notary Public •w ' - - ��ttirrr��� *SEE ADDITIONALSHEM. FOR ADDITIONAL NOTARIES* MAIL TAX STATEMENTS TO: Doc. Drys: Pages; oN�CA - ?E,pR Name: ''it'll nI G� ift u r NOTARY Notary %Zq h y _ PUBLIC Doc. Description: 7 Comm. No. "4CC-�NM Cft- : 10.109 I BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 2 SOUTH, RANGE I WEST, SAN BERNARDINO MERIDAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARL.,Y DECCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF BEAUMONT AVENUE AND THE NORTHERLY RIGHT OF WAY LINE OF BROOKSIDE AVENUE AS SHOWN ON RECORD OF SURVEY MAP ON FILE IN BOOK 109, PAGE 77 RECORDS OF SAID COUNTY; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE OF BROOKSIDE AVENUE, SOUTH 89 029'40" WEST, A DISTANCE OF 926.67 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHERLY WITH A RADIUS OF 600.00 FEET AND A RADIAL LINE BEARING NORTH 18 042'02" WEST, SAID POINT BEING ON THE SOUTHEAST LINE OF DESCRIBED PARCEL OF LAND DESCRIBED IN INSTRUMENT NO. 2001- 390957 RECORDED AUGUST 15, 2001 RECORDS OF SAID COUNTY; THENCE NORTHEASTERLY LEAVING SAID NORTHERLY RIGHT OF WAY LINE AND ALONG SAID SOUTHEAST LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 03 053'03" AND AN ARC DISTANCE OF 40.67 FEET TO A POINT WITH A RADIAL LINE BEARING NORTH 22035'05" WEST, SAID POINT ALSO BEING ON A LINE PARALLEL AND 14.00 FEET NORTHERLY OF SAID NORTHERLY RIGHT OF WAY LINE OF SAID BROOKSIDE AVENUE; THENCE EASTERLY ALONG SAID PARALLEL LINE, NORTH 89029'40" EAST, A DISTANCE OF 871.67 FEET; THENCE NORTHERLY LEAVING SAID PARALLEL LINE, NORTH 36003'51" EAST, A DISTANCE OF 28.53 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE OF BEAUMONT AVENUE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE, SOUTH 00013'15 "EAST, A DISTANCE OF 36.92 FEET THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 12,891 SQUARE FEET MORE OR LESS. AS -SHOWN ON EXHIBIT "B" �- NIS W. JANDA L.S. 6359 EXPIRES 12/31/10 ATTACHED HERETO MADE A PART HEREOF. DATED 4� O �Exp. 12 31 10 p No. 6359 v EXHIBIT CITY OF BEAUMONT RIGHT OF WAY DEDICATION DRAWN BY. MQ DATE: 06 -16 -10 W.O. . ULC -09 -041 SHEET 1 OF 1 � I W 2 :n I � ro * Na 6359 'r W OF CAS- ONMU. NO. 2001490957 / 50 i 50 / I o 6K 77 APN 403 - 200 --009 BEAUMONT UNIFIED z 3 SCHOOL DIST. APN 403 - 200 -008 tof F? KENNETH ODA ©= 03°53'03 "�: b, 12,891 S.F. + /- / �q0 / N36°03 51 E w L =40.67 �%>; W �' '� 28.53 G4 R= 600.00' % N89 °29'40" E 871.67' '�'� 5 / I - _ N89 °29'40"E / 926.67' BROOKSIDE AVENUE N18042'02"W 404 -010 -012 .yp�0 ptip /�'O`S40y pyp 404 -010 -015 I BEAUMONT PARTNERS o�� ppr�'y1p�'GO� BEAUMONT PARTNERS LTD PARTNERSHIP G�„� O �S QOM O LTD PARTNERSHIP GRAPHIC SCALE SEC.27, L2 S, R.1W 0 80 160 EXHIBIT CITY OF BEAUMONT IN FEET 3 RIGHT OF WAY DEDICATION _ _ I -T�)-C> I i inch = 160 ft. SCALE 1' =160' DRAWN BY: MQ I DATE: 06 -16 -10 W.O. ULC -09 -041 SHEET 1 OF 1 Acceptance Certificate The City of Beaumont hereby accepts this Offer of Easement 11 -D -01 hereby attached and consents to the recordation of this document as set forth above by the Mayor of the City of Beaumont, on behalf of the Grantee. City of Beaumont Mayor, City of Beaumont State of California County of Riverside On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her authorized capacity, and that by his /her signature on the instrument the person, or 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 September 12, 2011 Kenneth Oda Oda Nursery, Inc. P.O. Box 800 San Juan Capistrano, CA 92693 '13eatanont -Y �"7 .550 E. 6t1r. Srreet c'�trrtrl� rtt ul 92223) (, 51) 769 -8520 FAX (951) 769 -4526 Email; crryir��lC�c :i.�aeci�trr��,rtt.�c�.�ts k1.111M..4- i.bt'iiimioilt.f -d -its RE: Brookside Avenue Offer of Dedication for APN 403 - 200 -008 Dear Ken: This will confirm the following information in accordance with your e-mail request dated September 11, 2011. 1. There will be no general or special real property taxes for the current fiscal year and all later years on the area offered for dedication for Brookside Avenue. As soon as the offer of dedication is executed by you, we will take it to the City Council for acceptance. The dedication will then be recorded and the County Assessor will remove the property covered by the dedication from the tax roll. 2. All assessments imposed by a duly empowered governmental entity, whether or not of record, will not be levied against the area offered for dedication once the offer of dedication has been executed by you and accepted by the City Council. 3. Any and all declarations, covenants, conditions, restrictions, easements, reservations (including, but not limited to, reservations and exceptions to the mineral estate), rights, and rights of way of record affecting the area offered for dedication will be released from title once the offer of dedication has been executed by you and accepted by the City Council. 4. The City of Beaumont shall bear all costs and expenses of constructing, installing, maintaining and repairing the public improvements within the area offered for dedication. 5. Kenneth Oda shall be held harmless from all claims of third persons arising from the use by the City of Beaumont of the area offered for dedication once the offer of dedication has been executed by you and accepted by the City Council. Please let me know if we can provide any additional information with respect to this matter. Very truly yours; CITY OF BEAUMONT 4ebec4caDe�m:in Director of Planning Agenda Item No. q - 01 STAFF REPORT To: Mayor and Council Members From: Community and Economic Development Department Date: October 4, 2011 Subject: Public Right of Way Access Americans with Disabilities Act (ADA) Transition Plan Background and Analysis: The Public Right of Way Access Americans with Disabilities Act (ADA) Transition Plan has policies and practices for implementing physical pedestrian improvements within the public right -of -way of the City of Beaumont. The goal is to optimize the pedestrian experience, to provide safe and usable pedestrian facilities for all pedestrians, and to assure compliance with all federal, state and local regulations and standards. The ADA requires all public agencies to develop and ADA Transition Plans for the installation of curb ramps or other sloped areas at all locations where walkways cross curbs. The ADA Transition Plan covers the City of Beaumont in its entirety. RECOMMENDA TION: Staff recommends that the City Council: 1. Hold a Public Hearing; and 2. Approve Resolution 2011 -22. Respectfully Submitted, Rebecca Deming Director of Planning b4t RESOLUTION NO. 2011-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ADOPTING THE CITY OF BEAUMONT PUBLIC RIGHT OF WAY ACCESS AMERICANS WITH DISABILITIES ACT TRANSITION PLAN WHEREAS, Title II of the Americans with Disabilities Act ( "ADA ") provides that state and local government agencies shall be prohibited from discriminating against persons with disabilities, or from excluding participation in or denying benefits of, programs, services or activities to persons with disabilities; and WHEREAS, the California Building Code, Title 24, of the California Code of Regulations, promulgates ADA standards; and WHEREAS, pursuant to the ADA and the Building Code, City Staff prepared a "Public Right of Way Access Americans with Disabilities Act Transition Plan" for the purpose of facilitating public right of way access for persons with disabilities; and NOW, THEREFORE, the City Council hereby adopts the "City of Beaumont Public Right of Way Access Americans with Disabilities Act Transition Plan." MOVED, PASSED AND ADOPTED by the City Council of the City of Beaumont at a regularly- scheduled meeting of the City Council held on October 4, 2011, by the following vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF BEAUMONT LOW ATTEST: KAREN THOMPSON, City Clerk BRIAN DEFORGE, Mayor CITY OF BEAUMONT, CALIFORNIA PUBLIC RIGHT OF WAY ACCESS AMERICANS WITH DISABILITIES ACT TRANSITION PLAN City of Beaumont 550 E. 6t" Street Beaumont, CA 92223 951.769.8520 October 4, 2011 o� BEAG U � —t Public Right -Of -Way Access Americans With Disabilities Act Transition Plan This document will be made available in alternative formats upon request Please contact: City ADA Project Administrator Public Works Department 951.413.3130 6 F"�G 4 sA Public Right -Of -Way Access Americans With Disabilities Act Transition Plan ACKNOWLEDGEMENTS City of Beaumont City Council Mayor: Brian De Forge Mayor Pro Tem: Roger Berg Council Member: David Castaldo Council Member: Jeff Fox Council Member: Nancy Gall ADOPTION OF PLAN On October 4, 2011, the City of Beaumont City Council passed a resolution adopting the City of Beaumont Public Right Of Way Access Americans with Disabilities Act (ADA) Transition Plan. ii Public Right -Of -Way Access Americans With Disabilities Act Transition Plan City of Beaumont Access ADA Transition Plan TABLE OF CONTENTS 1 2 3 M INTRODUCTION AND BACKGROUND ................... ............................... 1.1 The Americans with Disabilities Act ( ADA) ...... ............................... 1.2 City Responsibilities under Title II ...................... ............................... 1.3 The ADA Transition Plan Requirement ............. ............................... 1.4 ADA Compliance Coordinators and Advisory Committee ............... 1.5 Selection and Prioritization of Barrier Removal Projects .................. 1.5.1 Barriers to be Addressed ......................... ............................... 1.5.2 General Prioritization Standards ............. ............................... 1.5.3 Annual Selection Process ........................ ............................... 1.5.4 Limitations on Barrier Removal ............. ............................... 1.5.5 Barriers under Control of Third Party Entities ...................... 1.6 Funding ............................................................... ............................... 1.6.1 ADA Compliance Curb Ramp Upgrade Fund (The Fund) .... 1.6.2 Leveraging Additional Funding Sources and City Programs 1.6.3 Additional Funding ................................. ............................... 1.6.4 Annual Exhaustion of the ADA Fund ..... ............................... 1.7 ADA Request for Accommodation ..................... ............................... 1.7.1 Community Outreach Program ............... ............................... 1.7.2 Public Participation ................................. ............................... 1.8 ADA Complaint /Grievance Request ................... ............................... 1.8.1 Filing an ADA Complaint /Grievance ..... ............................... 1.8.2 Complaint /Grievance Response .............. ............................... 1.9 Monitoring and Tracking .................................... ............................... 1.9.1 Annual Report ......................................... ............................... OTHER CITY TRANSITION PLANS .......................... ............................... 2.1 Buildings and Facilities Transition Plan ............. ............................... (Not included in this document) 2.2 Sidewalk Transition Plan .................................... ............................... PUBLIC RIGHT -OF -WAY ACCESS ADA TRANSITION PLAN ............. 3.1 Introduction ......................................................... ............................... 3 2 C b (A ) R d S'd ill In entory °� F3Eq�� � � d Page No. ....................1 .................... l ....................2 ....................3 ....................4 ....................5 ....................5 ....................6 ....................6 ....................6 ....................7 ....................7 ....................7 ....................7 ....................7 ....................7 ....................8 ....................8 .................... 8 ....................9 ..................10 ..................11 ..................11 ..................11 ..................12 ..................12 ................12 ................13 ................13 urccess am an >< ewa v .......................... .............................13 p 3.3 Curb Ramp and Sidewalk Standards ................... ............................... 3.4 Priorities for Construction and Replacement ...... ............................... 3.4.1 Phase I, Priority One (Initially Highest Priority): Requests from Qualified Persons with Disabilities ............... 3.4.2 Phase II, Priority: By Location Priorities ............................... 3.4.3 Phase III, Lowest Priority: By Curb Ramp, Sidewalk and Other Attributes ..................... 3.5 Annual Schedule for Curb Ramp, /Sidewalk and Other ADA Access Facilities Construction / Reconstruction . ............................... DEFINITIONS................................................................ ............................... iii .................14 .................14 .................14 .................15 ..................16 ..................16 ..................18 Public Right -Of -Way Access Americans With Disabilities Act Transition Plan 5. ABBREVIATIONS ............... ............................... .......................... .............................20 TABLES Sample: Status and Cost Estimate Tables ........................................................ .............................21 Sample: Statistical Summaries from the City (Access Ramp) Database ......... .............................22 Sample: Field Inventory by Location with Cost Report Table ......................... .............................22 APPENDICIES 1. ADA - Final Rules, Title II, July 26, 1991 and Applicable Amendments (incorporated by reference) ATTACHMENTS (When Available and Upon Request) 1. ADA Request for Accommodation Form 2. ADA Complaint / Grievance Form 3. City of Beaumont Access Prioritization Map lv 1. INTRODUCTION The main purpose of the Public Right of Way Access Americans with Disabilities Act (ADA) Transition Plan is to develop policies and practices for implementing physical pedestrian improvements within the public right -of -way of the City of Beaumont. The goal is to optimize the pedestrian experience, to provide safe and usable pedestrian facilities for all pedestrians, and to assure compliance with all federal, state and local regulations and standards. The ADA requires all public agencies to develop ADA Transition Plans for the installation of curb ramps or other sloped areas at all locations where walkways cross curbs. The plan must include a schedule for curb (access) ramp installation and for other improvements necessary to achieve programmatic accessibility for persons with disabilities. The main purpose of the ADA Transition Plan is to describe the curb ramp and other pedestrian facility needs in the City and to outline the recommended procedures for implementing and scheduling remedial work to provide a compliant system of curb ramps, sidewalks and pedestrian disability warning devices. The ADA Transition Plan covers the City of Beaumont in its entirety. The City has a wide variety of facilities within the public right -of -way. These facilities include streets and roadway, vehicle and pedestrian bridges, vehicle and pedestrian signal systems, signage systems, on- street parking facilities, walkways, sidewalks with curb ramps at intersections and buffers, pedestrian activity areas and unimproved open spaces. Background The Americans with Disabilities Act (ADA), the world's first comprehensive civil rights law for people with disabilities, was enacted on July 26, 1990. The ADA is a companion civil rights legislation to the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973. The ADA prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such impairment, or a person who is perceived by others as having such impairment. The ADA does not specifically name all of the impairments that are covered. 1.1 The Americans with Disabilities Act (ADA) The ADA is divided into five parts, covering the following areas: Title I: Employment - Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment- related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other 1 s Public Right -Of -Way Access Americans With Disabilities Act Tiunsition Plan privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Title II: State and Local Government (Public Services) - Title II covers all activities of State and local governments regardless of the government entity's size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities, such as public meetings, employment, recreation programs, aging, health and human services programs, libraries, museums, and special events. State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings and facilities. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities. Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided. A Transition Plan is intended to outline the methods by which physical or structural changes will be made to effect the non - discrimination policies described in Title II. It is under this title that this Public Right -of -Way Access ADA Transition Plan is prepared. Title III: Public Accommodations - Title III requires places of public accommodation to be accessible to and usable by persons with disabilities. The term "public accommodation" as used in the definition is often misinterpreted as applying to public agencies, but the intent of the term is to refer to any privately funded and operated facility serving the public. Title IV: Telecommunications - This Title covers regulations regarding private telephone companies and requires common carriers offering telephone services to the public, to increase the availability of interstate and intrastate telecommunications relay services to individuals with hearing and speech impairments. Title V: Miscellaneous Provisions - This title contains several miscellaneous regulations, including construction standards and practices, provisions for attorney's fees, and technical assistance provisions. 1.2 City's Responsibilities under Title II Title II mandates that a public entity, such as the City of Beaumont, operate each service program or activity so that the service program or activity when viewed in its entirety is readily accessible to and usable by individuals with disabilities. Title II of the ADA is similar to Section 504 of the Rehabilitation Act of 1973, but differs in that Section 504 applies only to government agencies that receive federal financial assistance. 14 Public Right -Of -Way Access Americans With Disabilities Act Transition Plan Title II dictates that a public entity must evaluate its services, programs, policies, and practices to determine whether they are in compliance with the nondiscrimination requirements of the ADA. The regulations detailing compliance requirements were issued in July 1991. A self - evaluation is required and intended to examine activities and services, to identify and correct any that are not consistent with the ADA. The entity must then proceed to make the necessary changes resulting from the self - evaluation. The ADA also requires that a Transition Plan be prepared, to describe any structural or physical changes required to make programs accessible. The ADA states that the intent is not to apply lesser standards than are required under other federal, state or local laws; therefore, the law that is the most stringent has precedence. This intent has particular application with respect to the City's obligations under Section 504 or under Title 24 of the California Code of Regulations, which in some cases, exceed ADA requirements with respect to structural and physical changes. As described in Title 28 of the Code of Federal Regulations, Section 35.150(a) (also referred to as the ADA Rules), a public entity is not necessarily required to make each of its existing facilities accessible to and usable by individuals with disabilities. Nor does it require a public entity to take any action that would threaten or destroy the historical significance of an historic property. If the public entity can demonstrate that a modification would fundamentally alter the nature of its service, program, or activity, or cause undue financial and administrative burdens, it is not required to make that particular modification. 1.3 The ADA Transition Plan Requirement In the event that structural changes to facilities will be undertaken to achieve program accessibility, a public entity that employs 50 or more persons must develop, within six months, a Transition Plan setting forth the steps necessary to complete such changes. That Plan is to identify physical obstacles in the public entity's facilities that limit the accessibility of its programs or activities to individuals with disabilities; describe in detail the methods that will be used to make the facilities accessible; specify the schedule for taking the steps necessary to achieve compliance; and indicate the official responsible for implementation of the Plan. In addition to those requirements set forth above, in the event a public entity has responsibility or authority over streets, roads, or walkways, the transition plan is to include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walkways serving entities covered by the ADA. The City's Public Right of Way Access ADA Transition Plan addresses these latter requirements for curb ramps, or other sloped areas, are limited to public right -of -way within the City's control. The Plan incorporates by reference any existing or future City Curb (Access) Ramp and /or Sidewalk Database. 3 Public Right -Of -Way Access Americans With Disabilities Act Transition Plan The ADA does not designate a specific code or standard for curb ramps to be provided or modified pursuant to 35.150 (d) (2). Title II gives government agencies a choice between the Uniform Federal Access Standards (UFAS) and the American with Disabilities Act Accessibility Guidelines (ADAAG) as a standard for renovations. For the purpose of the Public Right of Way Pedestrian Access ADA Transition Plan, each sidewalk, curb ramp /access ramp site is evaluated based on the requirements of ADAAG. 1.4 ADA Compliance Coordinators and Access Advisory Committee The Public Works Department (PWD) shall administer the City's ADA transition plan within the public pedestrian right -of -way (curb ramp, sidewalk and other improvement programs). The City ADA Coordinator and the ADA Project Administrator (ADAPA) shall provide oversight and guidance for City ADA compliance activities for curb, access ramp, sidewalk improvement programs and traffic disability warning devices. The official responsible for implementation of the City's ADA Transition Plan improvements with respect to ADA access issues within the public right -of -way (including but not limited to: curbs, ramps, sidewalk and other improvement programs) is the ADA Project Administrator, located in PWD. The City Engineer shall designate the ADA Project Administrator. The regulations require state and local governments with 50 or more employees to designate an employee responsible for coordinating compliance with ADA requirements. The official responsible for citywide compliance with ADA Title II requirements is the City ADA Coordinator (ADAC). The ADA Coordinator is responsible for coordinating the efforts of the government entity to comply with Title II and investigating any complaints where the entity may have violated Title IL The City ADA Coordinator is responsible for tracking the City's Public Right -of -Way Access ADA Transition Plan. The City's City Manager shall designate the City ADA Coordinator. 1.5 Selection and Prioritization of Barrier Removal Projects The ADA Project Administrator shall make recommendations regarding barrier removal projects to be prioritized and funded from the Annual ADA Compliance Curb Ramp Upgrades (The Fund). The City Council has established this funding program as part of the Capital Improvement Program Budget. The recommendations of the ADA Project Administrator shall be submitted to the City Engineer for review and approval. The City Engineer shall have final authority over the approval and authorization of project expenditures; however the City Engineer will not unreasonably disregard the recommendations of the ADA Coordinator, or the ADA Project Administrator. 1.5.1 Barriers to be Addressed The Fund may be used for the following projects: (1) Installing Compliant Curb Ramps, including Detectable Warning devices (at intersections where there are no curb ramps or El • Public Right -Of -Way Access Americans With Disabilities Act Transition Plan qW where existing curb ramps do not meet current access standards); (2) Removing abrupt changes of level, whether caused by tree roots or any other deterioration or displacement of the surface of the path of travel within the City's rights -of -way; (3) Providing accessible crosswalks (by providing appropriate contrasting striping, providing accessible pedestrian crossing controls, and removing any abrupt changes in level affecting the path of travel across the street; crosswalk access does not require any effort to remove slopes or cross slopes consistent with the slope of the street for vehicle traffic and /or drainage); (4) Removing obstacles in the rights -of -way that narrow the pedestrian pathway to less than 36 inches; (5) Removing or providing Detectable Warnings for overhanging obstacles below 80 inches above the rights -of -way that are not detectible to a blind pedestrian using a cane; and (6) Removing excessive cross slopes perpendicular to the primary direction of travel along the pedestrian rights of way, where identified by ADAAG standards and ADA requirements. 1.5.2 General Prioritization Standards The following general principles shall be used to prioritize projects to be funded through The Fund. Requests for installation of a Compliant Curb Ramp (highest priority) or removal of a specific sidewalk barrier or barriers should have the next highest priority (see Section 3.4.1). After addressing these requests, priority will be given to rights -of -way serving as note in Sections 3.4.2, and 3.4.3, which identify areas along important transportation corridors adjacent to or in the vicinity of State and local government offices and facilities; places of public accommodation such as commercial and business zones; facilities containing employers; and other areas such as residential neighborhoods and undeveloped regions of the City. In all planned projects, consideration will also be given to the severity of existing barriers and overall efficiency of project work. Special consideration may be given to the removal of barriers in lower priority categories before removing barriers in higher priority categories if such prioritization may be more effective or efficient use of resources. 1.5.3 Annual Selection Process Every year, the ADAPA will select and prioritize a list of barrier removal projects no later than 120 days after the beginning of the new fiscal year. This list will be provided to the City Engineer, who will approve a final list no later than 180 days after the beginning of the new fiscal year. The list of barrier removal projects approved by the City Engineer will be included in the Annual Report. The list of barrier removal projects may be revised by the City Engineer, in consultation with the ADAPA, during the course of the fiscal year. 1.5.4 Limitations on Barrier Removal Under no circumstances will the City be obligated to remove any barrier if removal of such barrier would create an Undue Burden or a Fundamental Alteration, or if removal of such barrier would be Technically Infeasible or Structurally Impracticable. To the extent that the City determines that it would be an Undue Burden or Fundamental Alteration to remove a particular barrier, or that removal of a particular barrier would be Technically Infeasible or Structurally Impracticable, it must include such a determination in its regular reports as set forth below. Further, under no circumstances will the City be obligated to initiate eminent domain proceedings against a property owner in order to address any barrier. 5 Aft Public Right -Of -Way Access Americans With Disabilities Act Transition Plan 1.5.5 Barriers under Control of Third Party Entities Certain barriers in the public right -of -way involve elements under the control of entities other than the City of Beaumont. The City has no obligation to remove such barriers unilaterally. The City may, but has no obligation to, seek funding or participation in barrier removal work from such third party entities, which may include transit agencies, local utilities, or other entities that maintain equipment in the public rights -of -way. Any contribution of money for barrier removal work by third party entities or any work done by such third party entities to remove barriers will be in addition to the work done based on the other obligations set forth in this Transition Plan. Money from The Fund may be appropriated to supplement work performed under this section at the discretion of the City Engineer. 1.6 Funding 1.6.1 ADA Compliance Curb Ramp Upgrade Fund (The Fund) As part of the preparation of the Annual Capital Improvement Plan Budget, the City's ADA Project Administrator will annually assess how to best leverage additional City funds, if any, and /or additional City Programs, if any, that can be used exclusively to install compliant curb ramps, remove barriers in the pedestrian rights of way (including sidewalks, etc.), and administrative cost. This fund will be known as the "The Fund." All work described in this Transition Plan shall be paid for through this fund with the exception of work done in conjunction with street overlays and reconstruction, work done using dedicated funding, and work affecting barriers under the control of third party entities. Projects using the money from this fund will be selected by the City's ADAPA or appointed staff with reference to the general guidelines set forth in this Transition Plan and with approval of the City Engineer. Upon joint determination by ADAPA, appointed staff and the City Engineer that all necessary Compliant Access ramps have been installed and barriers have been removed at all required locations; the funding under this Paragraph shall no longer be required. The amount of the Fund will be allowed to accrue until a minimum of $100,000 is available for expenditure on a project at one time in order to maximize the amount of work that can be accomplished. 1.6.2 Additional Funding If any new, permanent, transportation funding source for street maintenance is created during the life of this Transition Plan (through a ballot measure or otherwise), some portion of this additional revenue source may be dedicated to The Fund. 1.7 ADA Request for Accommodation The City will provide opportunities for interested persons, including individuals with disabilities or organizations representing individuals with disabilities, within public right -of- way to participate in the development of the Public Right -of -Way Access ADA Transition Plan by submitting comments and making specific recommendations. The City will maintain on file a list of persons consulted with respect to the Plan, the surveys, 31 Aft Public Right -Of -Way Access Americans With Disabilities Act Transition Plan and a description of modifications made, for a minimum period of 3 years beyond the formal adoption of this document. The City has listed the accommodation procedures below, providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by Title II. The City's public right -of -way ADA Access Transition Plan, ADA Request for Accommodation form is contained In Attachment 1. Complaints of alleged noncompliance and grievances concerning ADA access in the public right -of -way access ramps and sidewalks should be directed to the ADA Coordinator. Accommodation Response: In responding to request(s) for structural improvement brought through the ADA Accommodation process, the ADA Coordinator and ADA Project Administrator are limited to the funds in The Fund. In the event that these allocated funds are insufficient or already spent, subsequent improvements will be prioritized and scheduled in subsequent fiscal years. 1.7.1 Community Outreach Program The ADA Coordinator or other appointed City staff may develop and oversee the City's Community Outreach Program. The Community Outreach Program would be designed to seek input from the public regarding the City's ongoing barrier removal efforts. As part of its Community Outreach Program, the ADA Coordinator would hold annual community meetings for the first two years of the Compliance Period to discuss the City's Transition Plan and to help further identify new and existing physical barriers to access along the City's pedestrian rights of way. After the first two years of the Compliance Period, the ADA Coordinator (or other appointed City staff) may hold additional community meetings at its discretion, but it is preferred that community meetings be held at least once every five years. 1.7.2 Public Participation City of Beaumont residents will be able to take advantage of the following outreach efforts: • Outreach to Persons with Visual Impairments: The ADA Transition Plan will be made available to persons who are visually impaired via large print text document and Braille master copy. Persons with visual impairments who have access to software that converts text to audio will be provided the document via e -mail, floppy disks or CDs. The California Access News has a free telephone reader service for individuals who are blind or with visual impairments that includes information on the ADA Transition Plan. • Consumer Survey: A study team may develop and distribute a pedestrian and disabled access consumer survey to identify hotspot locations or physical barriers to walking. • Press Releases: A study team may create and distributed press releases to cover the following topics: project kick -off, consumer surveys, transportation fairs and the draft ADA Transition Plan. • Web Site: A City of Beaumont web site will be created to disseminate information about the project. 7 Public Right -Of -Way Access Americans With Disabilities Act Tiansition Plan • Public Meeting and Hearing: The City Council will hold a public meeting on the draft ADA Transition Plan, which will begin a 45 -day comment period on the draft document. The City Council then will hold a public hearing to approve the ADA Transition Plan. The City's residents will be able to submit formal comments about this ADA Transition Plan, either in written form or at a public meeting. The City's Public Works Department will be in charge of the public workshop and hearing. 1.8 ADA Complaint /Grievance The City has listed the complaint /grievance procedures (within public right -of -way) below, providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by Title II. The City's ADA Complaint /Grievance Form with related procedures and information is contained in Attachment 2. The complaint /grievance request should be made and include the name, address and telephone number of the individual requesting the accommodation (see Attachment 2 for ADA Complaint /Grievance Form). The request should contain the location of the program, service, activity or facility where the accommodation is required and a description of why the accommodation is needed. Complete the form and submit it to: ADA Coordinator City of Beaumont 550 E. 6th Street Beaumont, CA 92223 951.769.8520 (phone) 951.769.8526 (fax) Within thirty (30) calendar days of the written request, the ADA Coordinator or the ADA Project Administrator will respond to the individual filing the complaint. If the response does not satisfactorily resolve the issue, the individual making the request may file a formal grievance with the Public Works Department City Engineer. All requests for accommodation received by the ADA Coordinator or ADA Project Administrator will be kept by the City of Beaumont for at least three (3) years. 1.8.1 Filing an ADA Complaint /Grievance This procedure (within public right -of -way) is established to meet the requirements of the Americans with Disabilities Act (ADA). It may be used by those who wish to file a complaint alleging discrimination on the basis of the disability as it relates to facilities of lack thereof within the public right -of -way in the City of Beaumont. Step 1 — The Written Complaint /Grievance: The complaint should be in writing and contain information about the alleged discrimination such as name, address and phone number of the complainant and location, date and description of the problem (see Attachment AM Public Right -Of -Way Access Americans With Disabilities Act Transition Plan 2 for Filing an ADA Complaint /Grievance Form). Alternative means of filing complaints will be made available for persons with disabilities upon request. Contact the ADA Coordinator to request this information in an alternate format or the "Request for Accommodation" or "ADA Grievance" form. The complaint should be submitted by the complainant as soon as possible, but no later than ninety (90) calendar days after the alleged violation (or discovery thereof) to: ADA Coordinator City of Beaumont 550 E. 6th Street Beaumont, CA 92223 951.769.8520 (phone) 951.769.8526 (fax) Step 2 — Meeting with the ADA Coordinator: Within thirty (30) calendar days of the written complaint, the ADA Coordinator will meet with the complainant to discuss the complaint and possible resolutions. Within thirty (30) calendar days after the meeting, the ADA Coordinator or the ADA Project Administrator will respond in writing or in a format accessible to the complainant. The response will explain the position of the City of Beaumont and offer options for resolution of the complaint. Step 3 — Appeal to the City Engineer: If the response by the ADA Coordinator or the ADA Project Administrator does not satisfactorily resolve the issue, the complainant may appeal the decision, within fifteen (15) calendar days after receipt of the response, to the City Engineer or an appointed representative. Within fifteen (15) calendar days after receipt of the appeal, the City Engineer, or an appointed representative, will meet the complainant to discuss the complaint and possible resolutions. Within fifteen (15) calendar days after the meeting, the City Engineer, or an appointed representative, will respond in writing or in a format accessible to the complainant of final resolutions to the complaint. All written complaints received by the ADA Coordinator or the ADA Project Administrator, appeals to the City Engineer, and responses from the ADA Project Administrator and the City Engineer, will be kept by the City of Beaumont for at least three (3) years. 1.8.2 Funding Allocations for Complaint /Grievance Filings In responding to request(s) for structural improvement brought through the ADA Complaint /Grievance process, the ADA Coordinator and the ADA Project Administrator are limited to the funds in The Fund. In the event that these allocated funds are insufficient or already spent, subsequent improvements will be prioritized and scheduled in subsequent fiscal years. 0 A0k Public Right -Of -Way Access Americans With Disabilities Act Transition Plan 1.9 Monitoring and Tracking the ADA Coordinator or the ADA Project Administrator Should: • Coordinate inspection of curbs, access ramps and sidewalks installations to ensure that they are constructed or reconstructed properly and within acceptable tolerances; and • Ensure that all curbs, access ramps and sidewalks installed by the City or by others (under permit) are logged in the City's database; and • In conjunction with the ADA Coordinator's annual activities report for the City Manager, supplying information on the various activities to comply with the Public Right -of -Way Access ADA Transition Plan. Annual reports shall be published within 120 days of the new fiscal year, for a minimum period of 3 years beyond the formal adoption of this document. 1.9.1 Annual Report At the conclusion of each fiscal year until the end of the Compliance Period, the City Coordinator will provide a report ( "Annual Report") to the City Manager describing the actual work done to implement this Transition Plan during the previous twelve months and a prospective plan of projects the City plans on undertaking to improve access to pedestrian rights -of -way in the upcoming year. The Annual Report will be completed within one hundred and twenty (120) days from the end of the fiscal year and will include: • A summary or listing of all written complaints or requests for removal of particular barriers received since the prior report, including information specifying whether the City has taken action to remove the barrier. • Summaries of work done to ensure access and /or remove access barriers in conjunction with asphalt overlay projects, projects completed with other available funds and projects completed with The Fund. • A list of all barriers, if any, for which the City asserts that it has a Statutory Defense excusing installation of a compliant curb ramp, sidewalks or removal of an access barrier. If the City asserts that it has a Statutory Defense that limits its ability to remove a barrier or to install a curb ramp, or sidewalks that meets all current standards, the City will include in the report a written statement by the City Engineer (or his or her designee) providing the reasons for reaching that conclusion. To the extent that the City claims that installation of a fully compliant curb ramp, sidewalks or removal of an existing barrier would be an Undue Burden, the written statement will include his or her consideration of all resources available from The Fund and any other source of funding set forth in this Agreement as available for the removal of access barriers. • Information regarding the removal of barriers along the public right -of -way from the City Engineer. • Information describing efforts made by the City or Advisory Committee to leverage additional programs or funding sources to install compliant curbs, access ramps, sidewalks or remove access barriers in the public right -of -ways. • Information regarding efforts at Community Outreach, and any action being taken as a result of such community outreach. 1K Public Right -Of -Way Access Americans With Disabilities Act Transition Plan qW 2. OTHER CITY TRANSITION PLANS This transition plan relates solely to Curb (Access) Ramps, Sidewalks and other pedestrian access ways within the Public Right -Of -Way. (ADA Rules, Title 28 CTR, Section 35.150 (d) (2)•) 2.1 Sidewalk Transition Plan In 2002, the United States Court of Appeals for the Ninth Circuit, whose jurisdiction includes California, held for the first time that sidewalks constitute a service, program or activity of a city and sidewalks are therefore subject to the ADA Title II program accessibility regulations. Barden v. Sacramento, 292 F.3d 1073 (9th Cir.2002). Before this ruling it was unclear if local government transition plans should address barrier removal from sidewalks, other than missing or unsafe curb ramps. The City has reviewed it options concerning the timing to process an ADA access transition plan within the public right -of -way that catalogs, prioritizes, and schedules improvements necessary to remove access barriers. A Geographic Information System (GIS) based inventory will help provides a detailed picture of non - compliance and allows for targeted use of funds earmarked for sidewalk improvements as funds are available. This Public Right -of- Way Access ADA Transition Plan includes sidewalk access transitions and other ADA application requirements. Curb ramp construction and /or replacement, to insure safe transition of person of disabilities out of the road area, is primary over other sidewalk barriers and improvements. Until such time as the City's data base for sidewalk inventory has been completed and a priority list has been establish, City inspectors are available to inspect sidewalks to determine if repairs are necessary, either upon request by a property owner or any concerned citizen. Sidewalks determined to meet ADAAG requirements for repair will be included in the Sidewalk Data Base, with a higher priority for repair as funds become available. Persons with disabilities may also contact the City's Public Works Department with any questions, to schedule a access inspection, file a ADA Request for Accommodation (Attachment #1), or file an ADA Complaint /Grievance Form (Attachment #2). The City keeps databases for the conditions of sidewalks, access ramps, and other pathways to comply with ADA issue. These databases are update on an on -going process and will be used to meet ADA requirements. 3. PUBLIC RIGHT -OF -WAY ACCESS ADA TRANSITION PLAN (PROGRAM) 3.1 Introduction The ADA requires that a public entity include in its transition plan a schedule for the installation of curb ramps or other sloped areas at locations where pedestrian walks (sidewalks) cross curbs. The purpose of this section is to summarize pedestrian access needs 11 AM Public Right -Of -Way Access Americans With Disabilities Act Transition Plan 4W in the City of Beaumont and to outline the recommended procedures for the prioritization, implementation and scheduling of remedial work to provide an evaluation of ADA complying curb (access) ramps and public sidewalks (only those within the City's Right of Way and control), and may include other pedestrian detectable warning devices. 3.2 Curb (Access) Ramp and Sidewalk Inventory The statistics to be contained in this transition plan may be compiled from a Geographic Information System (GIS) database specially developed for the City of Beaumont or field investigation and included into a GIS Database. Upon completion of a citywide inventory of all locations (street corners being a priority), the City Curb Ramp and Sidewalk Database will be updated. The database will include curb ramps and sidewalk constructed as permitted by the City. The PWD shall be responsible for overseeing the Curb Ramp and Sidewalk Inventory collection. The complete curb ramp and sidewalk database will be quite large and could not feasibly be included in the text of the Transition Plan. The database, once completed, will be available for public inspection at the office of the Public Works Department, 3 business day advance notice is requested. Please contact the ADAPA for any information concerning this Data Base. Curb ramp and sidewalk barriers /deficiencies inventory collection process for the Curb Ramp and Sidewalk Database, shall commence 120 days after the City Council approves the Public Right -of -Way Access ADA Transition Plan and program funding source. 3.3 Curb Ramp and Sidewalk Standards Curb ramps shall be installed at all locations, including mid -block crosswalks, where they are missing and necessary for access to sidewalks. Although the ADA does not specifically mandate replacement of all existing curb ramps that may not reflect new construction standards (as described in Federal Register, Volume 56, No. 144, ADA Rules and Regulations, Section 35.150), non - conforming curb ramps will be replaced under this plan as will deficient sidewalk areas. A high priority is to reconstruct curb ramps and sidewalks at locations where existing ramps and sidewalks have a condition that may impede a path of travel to a City program or activity. Examples are vertical displacement of the curb ramp, broken or cracked concrete, deteriorated conditions, steep slopes, narrow widths, high gutter lips, and offset locations. City curb ramp and sidewalk standards shall meet or exceed current federal, state and local accessibility regulations and standards. The ADA Project Administrator is responsible to ensure developed City standards for curb ramp and sidewalk construction and reconstruction are updated. Copies of the City's standard curb ramp and sidewalk details are available from the ADAPA. 3.4 Priorities for Construction and Replacement The City's is endeavoring to ensure equal access to the public right -of -way (sidewalks, curb 12 Public Right -Of -Way Access Americans With Disabilities Act Transition Plan 40 ramps, etc.) for pedestrians with disabilities by identifying all areas of potential deficiency and by making necessary structural improvements. The assignment of priorities for curb ramp, sidewalk and other construction and reconstruction is intended to guide the selection of locations, to incorporate federal guidance, and to address specific concerns of the local disability community. The priorities for curb ramp and sidewalk construction and replacement are grouped into three phases. The first phase, initially highest priority is requests by qualified persons with disabilities, until the annual priority list is established and approved. The second priority phase, evaluates the specific curb ramp and sidewalk with respect to its physical location within the city and to predominating adjacent land uses. The third phase which is the lowest priority, evaluates the curb ramp and sidewalk with respect to its physical attributes. Replacement of curb ramps has priority over the replacement of sidewalk. 3.4.1 Phase I, and Priority One (Initially Highest Priority): Requests from Qualified Persons with Disabilities The City recognizes that it will take some time to complete the inventory and subsequent improvement as reference in the Public Right -of -Way Access ADA Transition Plan. Therefore, the City will evaluate requests from qualified persons with disabilities and proceed with the necessary improvements to ensure access for people with disabilities living and working in Beaumont during the lengthy transition period and the establishment of a data base. Generally, requests come from residents with disabilities who wish to get to from their home or work place to transportation, school, medical facilities or other areas to accommodate their activities of daily living. The Priority for this Phase will use the same Tier Priority List as in Phase II. Upon completion of the curb ramps and sidewalk data base and priority list in Phase II, the City will continue its policy of reviewing curb ramps and sidewalks upon request by qualified individuals with disabilities at locations not otherwise scheduled and budgeted for improvement. These requests will be considered for the highest priority with curb ramps having a higher priority over sidewalks and other disabilities warning devices. The related forms are provided in Attachment 1, ADA Request for Accommodation. 3.4.2 Phase II, Priority by Location Priorities The City will establish list location (land use) priorities for curb ramp and sidewalk infill activities based upon U.S. Department of Justice ADA Title II Regulations, the City of Beaumont General Plan, and best practices of other jurisdictions. Location Priorities Tier 1: Within the right -of -way of Transit streets and centers 1 A. Regional transit streets; B. Transit centers; C. Local transit streets. 13 Public Right -Of -Way Access Americans With Disabilities Act Transition Plan Tier 2: Within the right -of -way of Public facilities (with 60 foot buffer unless otherwise noted) A. City buildings (city offices, museums, libraries, senior centers, recreation centers, fire stations, etc.); B. State and county buildings, including county medical centers; C. Schools (community colleges; high school, junior high and elementary school programs with magnet programs for children with disabilities; and all other public schools); D. Large public housing (OHA) sites and critical homeless services; E. City parks and open space; F. Other public facilities (reserved). Tier 3: Within the right -of -way of Privately -owned public accommodations (60 foot buffer) A. Commercial zoning areas and medical centers (with an emphasis on doctor, medical and health offices; service sites of disability organizations; and major employment sites); B. Special zoning areas limited to medical centers not listed above; transit oriented development; and housing and business mix; C. Medium to high density housing and high rise apartments; D. Other public accommodations (reserved). Tier 4: Within the right -of -way of Locations that do not fall into any of the above groups but are within 100 feet of a sidewalk route. Tier 5: Within the right -of -way of Locations that do not fall into any of the above groups and are greater than 100 feet from a sidewalk route. These locations are neither counted as "possible locations" nor scheduled for improvement. 'Land Use and Transportation Element of the Beaumont General Plan 2 Zoning designations are per the City of Beaumont General Plan and Zoning Map 3.4.3 Phase III, Lowest Priority: By Curb Ramp and Sidewalk and Other Attributes This phase sets priorities for construction and replacement based upon lack of ramps and physical condition and placement of existing curb ramps and sidewalks, with one being the top priority, and five being the lowest priority. 1. The highest priority is to reconstruct at locations where existing curb ramps and sidewalks have a condition that may impede a path of travel to a City program or activity. Examples are vertical displacement of the curb ramp, broken or cracked concrete, deteriorated conditions, steep slopes, narrow widths, high gutter lips, and offset locations. 2. A new curb ramp will be installed at locations without a curb ramp, where required in order to provide access to a sidewalk. New sidewalk will be installed at locations where missing segments are required to provide a safe continuous rout as determined by the "Traffic Engineer ". (This priority may be used in place of priority number 1 to provide a 14 Public Right -Of -Way Access Americans With Disabilities Act Transition Plan continuous safe path of travel). 3. When utility conflicts, physical barriers or other constraints exist at a location, a curb ramp will be reconstructed where required in order to provide access to a sidewalk. 4. To the maximum extent practicable, an existing curb ramp sidewalk will be reconstructed when it does not meet current federal or state standards. 5. When a curb return has one existing curb ramp and conditions allow for the construction of an additional curb ramp at the same return, and provided that traffic controls allow for a safe path of travel, an additional curb ramp will be installed where required in order to provide access to a sidewalk. 3.5 Annual Schedule for Curb Ramp, Sidewalk and Other ADA Access Facilities Construction and Reconstruction The City of Beaumont has committed itself to the following schedule and methods for the annual construction or reconstruction: 1 The City of Beaumont will construct or reconstruct, as many curb ramps, sidewalks and other warning devices as funding allows as part of the City's annual budget or until the City is ADA compliant. Approximately 25 percent of these curb ramps, sidewalks and other ADA access facilities will be at locations requested by persons with disabilities. At least 10 percent of these curb ramps will be at locations where streets have been overlayed, until all required curb ramps have been constructed or reconstructed if not in compliance with the ADA standards at those locations. To the extent practicable, the City will follow the priorities set forth above when installing curb ramps along streets that have been overlayed during this time period, and all other curb ramps will be installed according to those priorities. Curb ramps, sidewalks and other ADA access facilities will be installed on an infill basis as funding allows. Curb ramps, sidewalks and other ADA access facilities will be installed or reconstructed as required under other City street improvement projects. Curb ramps, sidewalks and other ADA access facilities located adjacent to City facilities will be constructed or reconstructed as part of projects to improve these facilities, where applicable. 2 Additionally, the City anticipates an increase in curb ramps and sidewalks per year because of constructed or reconstructed in the public right of way by others: Curb ramps, sidewalks and other ADA access facilities will be constructed or reconstructed as a condition of private development. 15 Alk Public Right -Of -Way Access Americans With Disabilities Act Transition Plan The State of California has installed curb ramps and other ADA access facilities along the portions of state highways that have been repaved. More curb ramps and other ADA access facilities may be installed along state highways in the City in conjunction with future improvement of these facilities. Utility companies are required to install new or upgrade curb ramps, sidewalk and other ADA access facilities at corners where they excavate. 16 Public Right -Of -Way Access Americans With Disabilities Act Transition Plan 4. DEFINITIONS As used in this Transition Plan, the following terms shall have the meaning ascribed to them in this Section, which are consistent with the provisions of existing federal and state law, including the regulations promulgated there under. Except to the extent expressly stated to the contrary, any term not expressly defined in this Section or elsewhere in this Transition Plan that has an expressly defined meaning in either the ADA or the regulations promulgated there under ( "Regulations ") shall have the meaning ascribed to it by the ADA or the Regulations, in that order of preference. All other terms shall be interpreted according to their plain and ordinary meaning. ADA/ADAAG: "ADA" means and refers to the Americans with Disabilities Act as contained at 42 U.S.C. § 12101 et seq. "ADAAG" means and refers to the Americans with Disabilities Act Access Guidelines, codified at Appendix A to 28 Code of Federal Regulations part 36 and at Appendix A to 49 Code of Federal Regulations part 37. "ADAAG Standards" means and refers to physical conditions that meet the new construction and /or alterations standards set forth in ADAAG. Annual Report: "Annual Report" means, a report of the previous year activities and accomplishments (within 120 days) after the new fiscal year. The report should include such information as to the completion of access ramps, sidewalk, other barrier replacements or upgrades to meet the ADA requirement; accomplishment of the previous year and other information as to the long term progress of the ADA program. Access Ramp: "Access Ramp" is used interchangeably with "curb cut or curb ramp." Barriers: `Barriers" means and refers to curbs, access ramps and sidewalks that do not meet the ADAAG standard requirements for ADA accessibility or as noted herein. Compliance Period: "Compliance Period" means and refers to the period of time for which this Transition Plan will be in effect. The Transition Plan shall become effective upon Final Approval, and remain in effect for up to 30 years. The City may dissolve the Transition Plan at any time upon a showing that it provides Program Access to Pedestrian Rights of Way or upon a showing that it has met or exceeded the monetary obligations specified in this Transition Plan. Alternatively, the Transition Plan will remain in effect until it dissolves automatically 30 years after Final Approval. Compliant Curb Ramp: "Compliant Curb Ramp" means and refers to a curb ramp that is constructed to comply with state and /or federal law (whichever provides the higher access standard) in place at the time of construction. In the case of a location where it is Structurally Impracticable or Technically Infeasible to build a fully compliant curb ramp, or where construction of a fully compliant curb ramp would constitute a Fundamental Alteration of a service, program, or activity of the City of Beaumont or an Undue Burden on the City of Beaumont, a curb ramp that complies with access standards, or was constructed to the 17 Public Right -Of -Way Access Americans With Disabilities Act Transition Plan standards existing at the time of construction, or to the maximum extent feasible, will constitute a Compliant Curb Ramp as long as the requirements set forth in this Transition Plan for justifying the reasons for the City to avoid full compliance are met. Curb Ramp: "Curb Ramp" is used interchangeably with "curb cut or access ramp." Detectable Warnings: "Detectable Warnings" means and refers to truncated domes which provide a tactile surface at the transition between the curb and the street, assisting pedestrians with Vision Disabilities in determining when they enter the street. Final Approval: "Final Approval" means and refers to the date when the City Council approves the "Public Right -of -Way Access Americans with Disabilities Act (ADA) Transition Plan" for the City of Beaumont. Fundamental Alteration: "Fundamental Alteration" means and refers to an action that, if taken by the City of Beaumont, would result in a fundamental alteration in the nature of the service, program or activity of Pedestrian Rights of Way in the City of Beaumont. If the City claims that any action otherwise required by this Transition Plan would constitute a Fundamental Alteration, the City shall have to demonstrate that such alteration would result, and the decision that an action would constitute a Fundamental Alteration, after considering all funds available for such work, and must be accompanied by a written statement of the reasons for reaching that conclusion. Mobility Disability: "Mobility Disability" means and refers, with respect to an individual, to any physical or mental impairment or condition that substantially limits an individual's ability to move his or her body or a portion of his or her body and includes, but is not limited to, orthopedic and neuromotor disabilities and any other impairment or condition that limits an individual's ability to walk, maneuver around objects, ascend or descend steps or slopes, and operate controls. An individual with a Mobility Disability may use a wheelchair or motorized scooter for mobility, or may be Semi - Ambulatory. Pedestrian Rights of Way: "Pedestrian Rights of Way" means and refers to all sidewalks and access paths over which the City of Beaumont has responsibility or authority, as well as all curb ramps and crosswalks serving such sidewalks and any other pathways used by pedestrians along public rights of way. Statutory Defenses: "Statutory Defenses" means and refers to the City's right to assert under this Transition Plan that removal of any barrier or installation of a Compliant Curb Ramp is not required because such barrier removal or curb ramp installation would be Technically Infeasible, or Structurally Impracticable, or that it would constitute an Undue Burden or Fundamental Alteration. Structurally Impracticable: "Structurally Impracticable" means and refers to circumstances in which the unique characteristics of terrain prevent the incorporation of accessibility NO C Public Right -Of -Way Access Americans With Disabilities Act Transition Plan features. If it is structurally impracticable to provide full access at any location along pedestrian rights of way, the City shall comply with access requirements to the extent that it is not structurally impracticable to do so. (See ADAAG § 4.1.1(5) (a)). Technically Infeasible: "Technically Infeasible" means, with respect to an alteration of a facility or Public right -of -way, that it has little likelihood of being accomplished because existing physical or site constraints or a lack of public right of way prohibit modification or addition of elements, spaces, or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility (See ADAAG § 4.1.6(1) (j)). Third Party Entity: "Third -Party Entity" means an entity other than the City of Beaumont that controls certain barriers or elements of barriers in a Pedestrian Rights of Way. Transit agencies and local utilities are examples of Third Party Entities. Title 24: "Title 24" means and refers to the regulations set forth at Title 24 of the California Code of Regulations. Undue Burden: "Undue Burden" means and refers to an action that, if taken by the City of Beaumont, would result in an undue financial and administrative burden. In order to demonstrate that removal of a barrier would constitute an Undue Burden, after considering all resources available from the ADA Access Fund, and any other source of funding identified in this Agreement available for removal of sidewalk barriers, and must be accompanied by a written statement of the reasons for reaching that conclusion. In preparing such a statement, it may consider the usability of the existing facilities. 5. ABBREVIATIONS ADA: Americans with Disabilities Act ADAC ADA Coordinator ADAPA: ADA Project Administrator ADAAG: ADA Accessibility Guidelines ADAAAB: ADA Accessibility Appeals Board UFAS: Uniform Federal Access Standards 19 o� 13Eq� Public Right -Of -Way Access Americans With Disabilities Act Transition Plan TABLES Sample: Status and Cost Estimate Tables PIE -CHART IN PERCENTAGE WOULD BE INCLUDED FOR THE BELOW TWO DATA CHARTS: Drnrrrom C4nfiic Tntn1c Three pie -charts would be created: one for ramp, one for sidewalks and other for ADA facilities. The pie -charts are use to show a contrast between new construction and reconstruction cost. A forth pie -chart may be developed to show ratio of cost between the three pie -charts on fund allocations. Other ADA devices /facilities within the public right -of -way to be tracked would be: • Pedestrian push button relocation • Install raised dome pads for the blind • Bus stop pad not ADA compliant • Additional audible devices for the blind • Additional visual devices for the seeing impaired • Crosswalk markings /realignment /legends 20 Total Tables Total Dual Location Up Cost Per Cost Locations Multiplier Location Estimate Grades New Construction (No Ramp) Reconstruction (Non - compliant) TOTALS Three pie -charts would be created: one for ramp, one for sidewalks and other for ADA facilities. The pie -charts are use to show a contrast between new construction and reconstruction cost. A forth pie -chart may be developed to show ratio of cost between the three pie -charts on fund allocations. Other ADA devices /facilities within the public right -of -way to be tracked would be: • Pedestrian push button relocation • Install raised dome pads for the blind • Bus stop pad not ADA compliant • Additional audible devices for the blind • Additional visual devices for the seeing impaired • Crosswalk markings /realignment /legends 20 Public Right -Of -Way Access Americans With Disabilities Act Transition Plan Sample: Statistical Summaries from the City (Access Ramp) Database (Access Ramp) Status by Land Use Area Land Use Area Tier 1: Transit Facilities Tier 2: Public Facilities Tier3: Transit Accommodations Tier4/5: Other TOTALS o� BE q �! �z Possible Compliant No Non - Compliant Locations' (Ramp2) (Ramp3) (Ramp') XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXXX XXXX XXXX XXXX Notes: 1. Number of Possible Locations by Land Use (Tiers 1 -4) 2. Number of ADA Compliant Ramp Locations (Curb Ramps to be Retained by the City) by Land Use (Tier 1 -4) 3. Number of No Curb Ramp Locations (Where New Curb Ramps Will be Constructed) by Land Use (Tiers 1 -4) 4. Number of Nom - Compliant Ramp Locations (Where Existing Curb Ramps Will be Replaced) by Land Use (Tiers 1 -4) For the above table the same type of statistical summaries can be created for sidewalk, barriers, and other ADA requirements /devices from the City's data bases. Sample: Field Inventory by Location with Cost Report Table Location Deficiency Correction Phase I Priority Criteria (H,M,L) Correction Date Estimated Cost Location No. Location Name Area Description Barrier Recommended Correction (1) High Frequency Used (2) Median Public Access (3) Low All Other 1 2 3 4 5 6 7 8 * The above sample tables may be modified to suit the application of the particular date collection set. 21 City of Beaumont ADA Request for Accommodation Requestor: Person Preparing Request Relationship to Requestor: (If different from Requestor) (If different from Requestor) Contact Person Street Address & Apt. No.: City: Phone: ( ) State: Zip: E -mail: Circle or bold preferred Method of Contact (US Mail, telephone, e -mail, other) Please do not contact me personally (see contact - person information above). Please specify any location(s) related to the requested accommodations: Attachment 1 City of Beaumont ADA Complaint / Grievance Form Complaint /Grievant: Person Preparing Complaint Relationship to Grievant: (If different from Grievant) (If different from Grievant) Contact Person Street Address & Apt. No.: City: State: Zip: Phone: ( ) E -mail: Circle or bold preferred Method of Contact (US Mail, telephone, e -mail, other) Please do not contact me personally (see contact - person information above). Please specify any location(s) related to the complaint or grievance (if applicable): Please provide a complete description of the specific complaint or grievance: Please state what you think should be done to resolve the complaint or grievance: Attachment 2 Please attach additional pages as needed. Signature: Date: Return to: City of Beaumont, ADA Project Administrator (ADA Coordinator) Public Works Department/Capital Projects Division 550 E. 6th Street Beaumont, CA 92223 Upon request, reasonable accommodation will be provided in completing this form or copies of the form will be provided in alternative formats. Contact the ADA Project Administrator (ADA Coordinator) at the address listed above or via telephone (951) 769 -8520. Attachment 2 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ADA TRANSITION PLAN -55800 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: September 23, 2011 Executed on. 09/23/2011 At Banning CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL ADVERTISEMENT NOTICE IS HEREBY GIVEN, that the City of Beaumont City Council will conduct a public hearing to consider the matter described below. The City Council's hearing on this matter will be held at 6:00 p.m. on Tuesday, October 4, 2011 in the Council Chambers at Beaumont City Hall, 550 East Sixth Street, Beaumont, California. The matter to be considered is described below. ADA Transition Plan, The Public Right of Way Access Americans with Disabilities Act (.ADA) Transition Plan has policies and practices for implementing physical pedestrian improvements within the public right -of -way of the City of Beaumont. The goal is to optimize the pedestrian experience, to provide safe and usable pedestrian facilities for all pedestrians, and to assure compliance with all federal, state and local regulations and standards. On public hearings items the public may present testimony to the City Council either in person or by mail. Written comments will be accepted until the night of the hearing. Rebecca Deming Director of Planning Dated: September 15, 2011 Publish The Record Gazette No.55800 09/23,2011 Agenda Item No. q, L STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: COMMUNITY AND ECONOMIC DEVELOPMENT DEPT. AGENDA DATA: OCTOBER 4, 2011 SUBJECT: ORDINANCE 1003 - AMENDING CHAPTER 17.11.100 "SWIMMING POOL, SPA AND SIMILAR" TO BE IN COMPLIANCE WITH THE CALIFORNIA BUILDING CODE BACKGROUND /ANALYSIS: It has come to staff s attention that changes are needed to update the swimming pool and spa section of the zoning Ordinance. The current requirements are conflicting with the most resent update of the California Building Code. To address these concerns, staff is recommending that the Ordinance will be amended to read: 17 11 100 Swimming Pool Spa and Similar. This Section indicates the requirements applicable to Swimming Pools, Spas and Similar. A. Adoption of the California Building Code. The California Building Code, current Edition, as Published by the International Conference of Building Officials, is hereby adopted and made a part of this chapter by reference. B. Requirements. 1. Private swimming pools and their mechanical equipment for the use of the occupants of the premises and their nonpaying guests shall be located not closer than five (5) feet to any property line or dwelling; 2. All other swimming pools shall be located not nearer than ten (10) feet from any property line or building. 3. Walls. A masonry wall or other sound reducing material as approved by the Planning Director shall be erected on three (3) sides of the mechanical equipment facing neighboring properties to a height of not less than 18 inches taller than the equipment. RECOMMENDATION: Staff recommends that the City Council: 1. Hold a Public Hearing; and, 2. Approval of the Is' reading of Ordinance 1003 amending Chapter 17.11.100 Very truly yours; CITY OF BEAUMMONT Rebecca Deming Director of Planning ORDINANCE NO. 1003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 17.11.100 OF THE BEAUMONT MUNICIPAL CODE RE: "SWIMMING POOL, SPA AND SIMILAR" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 17.11.100 of Chapter 17.11 of the Beaumont Municipal Code, entitled "Swimming Pool, SPA and Similar ", is hereby amended in its entirety to read as follows: "1711100 Swimming Pool Spa and Similar. This Section indicates the requirements applicable to Swimming Pools, Spas and Similar. A. Adoption of the California Building Code. The California Building Code, current Edition, as Published by the International Conference of Building Officials, is hereby adopted and made a part of this chapter by reference. B. Requirements. 1. Private swimming pools and their mechanical equipment for the use of the occupants of the premises and their nonpaying guests shall be located not closer than five (5) feet to any property line or dwelling; 2. All other swimming pools shall be located not nearer than ten (10) feet from any property line or building. 3. Walls. A masonry wall or other sound reducing material as approved by the Planning Director shall be erected on three (3) sides of the mechanical equipment facing neighboring properties to a height of not less than 18 inches taller than the equipment." Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this roll call vote: AYES: NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Deputy City Clerk day of , 2011, by the following day of , 2011, upon second reading Mayor Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 1003 -55790 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a ; newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has Seen published in each regular and entire issue of said newspaper and riot in any supplement thereof on the following dates, ',o -wit: September 23, 2011 Executed on: 09i23/2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correc,`. Signature Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council will conduct a public hearing on Tuesday, October 4, 2011 at approximately 6:00 p.m. in the 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. 1003 An Ordinance of the City Council of the City of Beaumont, California amending Section 17.11. 100 of the Beaumont Municipal Code Entitled "Swimming Pool, Spa Find Similar ". The purpose of this amendment is to amend Sectin,; 17.11.100 "Swimming Pool, Spa and Similar" which indicates the requirements applicable to Swimming Pools, Spas and Similar and will update the se6on to be in conformance with the current edition California 0uilding Code. Date: September 15, 2011 Rebecca Deming Director of Planning Publish The Record Gazette No.55790 09/23, 2011 V AGENDA ITEM .L_ To: Mayor and City Council Members From: Frank Coe, Chief of Police By: Sean Thuilliez, Police Commander Approval: Alan Kapanicas, City Manager Agenda Date: October 4, 2011 Subject: Ordinance No. 986: Overnight Parking Restriction on Commercial, Retail and Shopping Center Properties Backaround/ Summa In October 2003 City Council adopted Ordinance 848 which regulated parking of a recreational vehicle (RV) to include; where, duration, and reasons for parking on public streets. The ordinance was amended in September 2009 with the intent to clarify language. Staff is now requesting an ordinance that regulates the parking of recreational vehicles (RV's) on private, commercial parking lots. The preliminary research on this issue tends to indicate that the majority of Wal -Mart locations throughout North America allow overnight parking of RV's within their lots. Some individual stores have chosen to ban overnight parking and such measures are generally acknowledged to be in response to concerns regarding RV users staying too long and /or leaving behind trash in the parking lot. Other municipalities have taken the step of banning overnight parking of RV's and this is thought to be in response to complaints from neighboring businesses or residents along with campground operators who see the free parking as negatively affecting their business. Staff has received multiple concerns and complaints from residents and visitors to our Wal -Mart about the visual blight of the RV and the trash left behind. For these reasons, staff is seeking to regulate the parking of RV's in private commercial lots to a single 12 hour period within any seven (7) day period. The police department will be responsible for the enforcement of this ordinance. Fiscal Impact: Any fiscal impact due to the adoption of this ordinance will be absorbed into the police department's current operating budget. Recommendation: Staff recommends that the City Council hold a Public Hearing and approve the first reading of Ordinance 986, adding Chapter 10. 10.025 to the Beaumont Municipal Code. ORDINANCE NO. 986 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, ADDING SECTION 10.10.025 TO CHAPTER 10.10 OF THE BEAUMONT MUNICIPAL CODE RESTRICTING RV PARKING ON COMMERCIAL, RETAIL AND SHOPPING CENTER PROPERTIES THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Chapter 10.10 of the Beaumont Municipal Code is hereby amended to add Section 10. 10.025 to read as follows: 10.10.025: Overnight Parking Restriction on Commercial, Retail and Shopping Center Properties It shall be unlawful for any person to park a recreational vehicle on a commercial, retail, or shopping center property for more than 12 hours, or overnight, in any seven - consecutive -day period when such property is posted with a sign at each entrance thereof providing notice of this parking restriction, unless such person first obtains a permit from the Chief of Police. Only one permit shall be issued in any seven -day period. Section 2. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption. MOVED AND PASSED upon first reading this 4th day of October, 2011, by the following vote: AYES: NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this 18th day of October, 2011, upon second reading by the following vote: AYES: NOES: ABSTAIN: ABSENT: Mayor De Forge ATTEST: Deputy City Clerk Record 218 N. Murray St. Proof of Publication (20'5.5 C.C.P.) PARKING ORDINANCE 4986 -56090 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. i am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defines; by the laws of the state cf California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case I'Jo. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates to -wit: September 23, 2011 Executed on: 09/23/2011 At Banning , CA I ceritfy (or dec:are) under penalty of perjury that the foregoing is true and correct. Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, October 4, 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 maner(s): Ordinance No. 986 An Ordinance of the City Council cf the City of Beaumont, Califcrma adding section 10.10.025 to Chapter 10.10 to the Beaumont Municipal Code Entitled "')veanight Parking Restriction on Commercial, Retail and Shopp "r1 Center Properties ". 1 .s 'l e purpose and intent of this Ordinance to add Section 10.10.025 to Chapter 10.10 orchibiting the owner or person in control of any recreational vehicle to park, for more than 12 hurs, on commercial, retail and shopping center properties, and to obtain a permit from the poli;;e department. Date: September 20, 2011 Shelby Hanve: Deputy City Clerk Publish The Record Gazelle No.56090 09/23,2011 AGENDA ITEM q% G) To: Mayor and City Council Members From: Frank Coe, Chief of Police By: Sean Thuilliez, Police Commander ^*W-d-• .10" &V 9°C Agenda Date: October 4, 2011 Subject: Ordinance 1006• Camping or Sleeping in Motor Vehicles Prohibited Background/ Summary: Staff is requesting City Council to approve an ordinance prohibiting persons from camping or sleeping in their vehicle during the hours of 10 pm of one day to 6 am of the next day. As the City continues to grow, and new businesses establish locations within the City, the police department has seen an increase in calls relating to subjects camping or sleeping in their vehicles in the parking lots of these locations, as well as on the public streets. While it is not staff's intent to prevent weary or sleeping drivers from resting, the proliferation of homeless people "camping" in their vehicles has caused concerns due to the trash and debris left behind where they park. Additionally, residents and business owners are often suspicious and concerned for their own welfare and safety, and call the police department. Without a tool to address their concern, staff is left with little to address the issues. Staff is considering establishing a "safe zone" in the Civic Center parking lot that will allow the resting drivers a location without violating our ordinance. The "safe zone" would be accessible from the hours of 10PM to 6AM and would be monitored by police staff. Fiscal Impact: Any fiscal impact related to the enforcement of this ordinance will be absorbed into the police department's current operating budget. Recommendation: Staff recommends that the City Council hold a Public Hearing and approve the first reading of Ordinance No. 1006, adding Section 10.08.075 to Chapter 10.08 of the Beaumont Municipal Code. 0, ORDINANCE NO. 1006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING SECTION 10.08.075 TO CHAPTER 10.08 OF THE BEAUMONT MUNICIPAL CODE PROHIBITING CAMPING OR SLEEPING IN MOTOR VEHICLES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 10.08.075, entitled "Camping or Sleeping in Motor Vehicles Prohibited ", is hereby added to Chapter 10.08 "Parking" of the Beaumont Municipal Code to read as follows: 1110.08.075 Camping or Sleeping in Motor Vehicles Prohibited. , except as provided in Section 10.08.076, it shall be unlawful for any person to camp or sleep in any motor vehicle in any public place in the City between the hours of 10:00 p.m. of one day and 6:00 a.m. of the next day." "10.08.076 Permitted Sleeping Area. Sleeping in a motor vehicle shall be permitted in the Civic Center parking lot between the hours of 10 pm and 6 am." Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 4t' day of October, 2011, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this 18th day of October, 2011, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Brian De Forge, Mayor ATTEST: Deputy City Clerk Record Gazette 218 N. Murray St, Banning, CA 92220 951- 849 -4586 Proof of Publication (2015.5 C.C.P.) No. 56186 Notice Ordinance of the City of Beaumont Prohibiting Camping or Sleeping in Motor Vehicles State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 09/23, all in the year 2011. Executed on: 09/23/2011 At Banning, CA I certify (or declare) under penalty of perjury that the foregoing is true and correct. This space reserved for Clerk's Stamp i v � Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, October 4, 2011 at approxi- mately 6:00 p.m. in room 5 at the Beaumont Civic Cen- ter, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all in- terested persons regarding the adoption of the follow- ing matter(s): Ordinance No. 1006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAU - MONT, CALIFORNIA ADD- ING SECTION 10.08.075 TO CHAPTER 10.08 OF THE BEAUMONT MUNICI- PAL CODE PROHIBITING CAMPING OR SLEEPING IN MOTOR VEHICLES It is the purpose and intent of this Ordinance to add Sec- tion 10.08.075 to Chapter 10.08, prohibiting camping or sleeping in any vehicle in a public place in the City between the hours of 9:00 PM and 9:00 AM the follow- ing day. Date: September 21, 2011 Shelby Hanvey Deputy City Clerk Publish The Record Gazette No. 56186 09/23,2011 AGENDA ITEM To: Mayor and City Council Members From: Frank Coe, Chief of Police By: Sean Thuilliez, Police Commander ,4p¢r --4- ," xaD6a,*". &P ?&""a Agenda Date: October 4, 2011 Subject: Ordinance No 1004• Duty to Dispose of Dog Feces on Public and Private Property Background/ Summary: As the City continues to grow, the number of animals being walked on City streets has increased exponentially. Staff is requesting the City Council approve an ordinance requiring persons who own, or are in control or custody of, a dog that defecates upon public property or the private property of anyone not the owner or custodian, of the dog, to immediately remove the feces and properly dispose of the container in a sanitary manner. Additionally, the ordinance will require the owner or custodian of a dog to carry with them at all times while walking a dog on public or private property, not owned by the owner or custodian of the dog, a suitable container or instrument for the removal and disposal of dog feces. Owners or custodians with disabilities requiring the use of a service dog, and persons using a dog in emergency or rescue activities to include a police service dog will be exempted from the provisions of this ordinance. The police department will be responsible for the enforcement of this ordinance. Fiscal Impact: Any fiscal impact related to the enforcement of this ordinance will be absorbed into the police department's current operating budget. Additionally, staff will be evaluating our current expenses related to providing doggie bags along public rights -of -ways to determine the need to continue that program. Recommendation: Staff recommends that the City Council hold a Public Hearing and approve the first reading of Ordinance 1004, adding Section 6.04.110 to Chapter 6.04 to the Beaumont Municipal Code. ORDINANCE NO. 1004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, ADDING CHAPTER 6.05 TO THE BEAUMONT MUNICIPAL CODE RE: THE DISPOSAL OF DOG FECES ON PUBLIC AND PRIVATE PROPERTY THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Chapter 6.05, entitled "DISPOSAL OF DOG FECES ON PUBLIC AND PRIVATE PROPERTY" is hereby added to the Beaumont Municipal Code to read as specifically set forth in Exhibit "A ", which exhibit is attached hereto and made a part hereof. Section 2. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption. MOVED AND PASSED upon first reading this 4u' day of October, 2011, by the following vote: AYES: NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this 18th day of October, 2011, upon second reading by the following vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF BEAUMONT LM ATTEST: Deputy City Clerk BRIAN De FORGE, Mayor CHAPTER 6.05 DISPOSAL OF DOG FECES ON PUBLIC AND PRIVATE PROPERTY Sections: 6.05.010 Duty to Dispose of Dog Feces on Public and Private Property 6.05.020 Method of Disposal 6.05.030 Penalty for Violation 6.05.040 Exemptions 6.05.010 Duty to Dispose of Dog Feces on Public and Private Property. It shall be unlawful for any person owning or having control or custody of any dog: A. To permit or allow the dog to defecate upon public property including, but not limited to, any sidewalk, street, park, public right -of -way or other public area within the City unless the owner or the person having control or custody of the dog immediately removes the feces and properly disposes the container of the feces in a sanitary manner; or B. To permit or allow the dog to defecate upon private property neither owned nor occupied by said person unless the owner or the person having control or custody of the animal immediately removes the feces and properly disposes the container of the feces in a sanitary manner; or C. To walk a dog on public or private property without carrying at all times a suitable container or instrument for the removal and disposal of dog feces. (Ord. 1004, 10.18.2011) 6.05.020 Method of Disposal Any person owning or having control of custody of a dog will have on or near his or her person a tool or device, such as a plastic bag, or any other disposal vessel that can be used to fully clean up and contain the feces, unexposed to said person or the public, until it can be disposed of in a trash can or other appropriate receptacle. Such a tool or device or other disposable vessel shall be produced and shown to anyone authorized to enforce this Chapter, upon request. (Ord. 1004, 10.18.2011) 6.05.030 Penalty for Violation 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. (Ord. 1004, 10.18.2011) 6.05.040 Exemptions Disabled persons accompanied by service dogs and persons using service dogs engaged in emergency and rescue operations. (Ord. 1004, 10.18.2011) Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P ;, ORDINANCE #1004 -56092 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Coun rf the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a ccoy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: September 23, 2011 Executed on: 09/23/2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. oe Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, October 4, 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. 1004 An Ordinance of the City Council of the City of Beaumont, California adding Chapter 12.34 to the Beaumont Municipal Code Entitled "Disposal of Canine Feces on Pubic and Private Property ". It is the purpose and intent of this Ordinance to add Chapter 12.34 ;o prohibit the owner or person in control of any dog, to 311ow the dog to defecate on any public or private property not owned by the owner or person in control of the dog, without immediately collecting and properly disposing of the feces in an appropriate container maintained in their possession. Date: September 20, 2011 3he!by Hanvey Deputy City Clerk Publish The Record Gazette No.56092 09/23, 2011 AGENDA ITEM 4 ._� To: Mayor and City Council Members From: Frank Coe, Chief of Police By: Sean Thuilliez, Police Commander A¢p W_d_ GA* m"?x Agenda Date: October 4, 2011 Subject: Ordinance 1005• Amending Title 6 of the Beaumont Municipal Code — entitled "Animals" Background/ Summary: On October 20, 2009 the City Council adopted Ordinance 960 entitled "Animals ". Since that time Staff has identified additional areas within the code that require amending to meet our goals of providing animal services to the community. Included is a red -lined copy of the changes that reflect how the current chapters read and the language which we intend to add or modify. The most significant changes to the ordinance will be the definitions used to clarify the differences between "potentially dangerous dogs" and "dangerous animals ". The municipal code will reflect the language used in California Food and Agricultural Code. This amendment will specifically clarify language in Chapter 6.10 "Potentially Dangerous Dogs" to change the time period between aggressive acts from six months to 36 months. This will allow the police department more time to monitor the dog's aggressiveness or lack thereof. This amendment will also clarify the definition of what a "vicious" animal is, and allow staff to classify them differently from a "potentially dangerous dog ". The police department will be responsible for the enforcement of this ordinance, and will assist the police department in preserving the peace, health, and welfare of the citizens. Fiscal Impact: There is no fiscal impact expected from these amendments as the code was adopted in 2009 and the changes to these ordinances will be nominal and will be absorbed into the police department's current general fund budget. Recommendation: Staff recommends that the City Council hold a Public Hearing and approve the first reading of Ordinance 1005, amending Chapters 6.10 and 6.12 of the Beaumont Municipal Code. ORDINANCE NO. 1005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING CHAPTER 6.10 AND 6.12 OF THE BEAUMONT MUNICIPAL CODE RE: POTENTIALLY DANGEROUS DOGS AND VICIOUS ANIMALS THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Chapter 6. 10, entitled "POTENTIALLY DANGEROUS DOGS" is hereby amended to the Beaumont Municipal Code to read as specifically set forth in Exhibit "A ", which exhibit is attached hereto and made a part hereof. Section 2. Chapter 6.12, entitled "VICIOUS ANIMALS" is hereby amended to the Beaumont Municipal Code to read specifically set forth in exhibit "B ", which exhibit is attached hereto and made a part hereof. Section 3. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption. MOVED AND PASSED upon first reading this 4"' day of October, 2011, by the following vote: AYES: NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this 18`}' day of October, 2011, upon second reading by the following vote: AYES: NOES: ABSTAIN: ABSENT: BRIAN De FORGE, Mayor ATTEST: Deputy City Clerk Chapter 6.10 Potentially Dangerous Dogs Sections: 6.10.010 Definitions 6.10.020 Applicability 6.10.030 Procedure for Declaring a Dog Potentially Dangerous 6.10.040 Pre - Hearing Seizure and Impoundment of Dog 6.10.050 When a Dog May Not Be Declared Potentially Dangerous 6.10.010 Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings: a. Potentially Dangerous Dog means any of the following: (1) Any dog which, when unprovoked, on two separate occasions within the prior thirty six -month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog. (2) Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in subparagraph B below. (3) Any dog which, when unprovoked, on two separate occasions within the prior thirty six month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog. b. Severe Injury means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery. (Ord. 1005, 10.18.11) 6.10.020 Applicability. This chapter does not apply to licensed kennels, humane society shelters, animal control facilities, or veterinarians; or any dogs while utilized by any police department or any law enforcement officer in the performance of police work. (Ord. 960, 10/20/09; Section 1) 6.10.030 Procedure for Declarina a Doc Potentially Dangerous. a. If the Animal Services Officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous, the Officer shall prepare and serve a Notice of Hearing on the owner or keeper of such dog. b. The Notice of Hearing shall be served on the owner or keeper of the dog, by personal service or by first -class mail with return receipt requested. C. Any and all complaints received from a member of the public which serves as an evidentiary basis for the Animal services officer's finding of probable cause shall be signed by the complainant and served concurrently with the Notice of Hearing. d. The hearing shall be held pursuant to Chapter 6.22 of this Title. The hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous and may make such orders as are necessary to protect the public health, safety and welfare. (Ord. 1005, 10.18.11) 6.10.040 Pre - Hearing Seizure and Impoundment of Dog. If upon investigation it is determined by the Animal Services Officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, then the Animal Services Officer may seize and impound the dog pending the hearings to be held pursuant to this Chapter. The owner or keeper of the dog shall be liable to the City of Beaumont where the dog is impounded for the costs and expenses of keeping the dog, if the dog is later adjudicated potentially dangerous. (Ord. 1005, 10.18.11) 6.10.050 When A Dog May Not Be Declared Potentially Dangerous. No dog may be declared potentially dangerous if the following conditions exist: a. If any injury or damage is sustained by a person who, at the time of the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime. b. If the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. c. If an injury or damage was sustained by a domestic animal which at the time of the injury or damage was sustained was teasing, tormenting, abusing, or assaulting the dog. d. If the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog. (Ord. 1005, 10.18.11) Chapter 6.10 Potentially Dangerous Dogs Sections: 6.10.010 Definitions 6.10.020 Applicability 6.10.030 Procedure for Declaring a Dog Potentially Dangerous 6.10.040 Pre - Hearing Seizure and Impoundment of Dog 6.10.050 When a Dog May Not Be Declared Potentially Dangerous 6.10.010 Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings: a. — Potentially Dangerous Dog[] means any of the following: (1) Any dog which, when unprovoked, on two separate occasions within the prior thirty six -month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog. (2) Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in subparagraph B below. (3) Any dog which, when unprovoked, on two separate occasions within the prior thirty six month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog. b. — Severe Injury means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery. (Ord. 960, 10/20/09; Section 1) 6.10.020 Applicability. This chapter does not apply to licensed kennels, humane society shelters, animal control facilities, or veterinarians; or any dogs while utilized by any police department or any law enforcement officer in the performance of police work. (Ord. 960, 10/20/09; Section 1) 6.10.030 Procedure for Declaring a Dog Potentially Dangerous. a. If the Animal Services Officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous, the Officer shall prepare and serve a — Notice of Hearings on the owner or keeper of such dog. b. The — Notice of Hearing shall be served on the owner or keeper of the dog, by personal service or by first -class mail with return receipt requested. c. Any and all complaints received from a member of the public which serves as an evidentiary basis for the Animal services officer's finding of probable cause shall be signed by the complainant and served concurrently with the Notice of Hearing. d. The hearing shall be held pursuant to Chapter 6.22 of this Title. The hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous and may make such orders as are necessary to protect the public health, safety and welfare. (Ord. 960, 10/20/09; Section 1) 6.10.040 Pre - Hearing Seizure and Impoundment of Dog. If upon investigation it is determined by the Animal Services Officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, then the Animal Services Officer may seize and impound the dog pending the hearings to be held pursuant to this Chapter. The owner or keeper of the dog shall be liable to the City of Beaumont where the dog is impounded for the costs and expenses of keeping the dog, if the dog is later adjudicated potentially dangerous. (Ord. 960, 10/20/09; Section 1) 6.10.050 When A Dog May Not Be Declared Potentially Dangerous. No dog may be declared potentially dangerous if the following conditions exist: o If orni inh int nr riomonn ie ci je +oin=A Kw o nerenn uuhn of +he +ime of +he inh mi nr rlomone uioe keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime. b. If the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. c. If an injury or damage was sustained by a domestic animal which at the time of the injury or damage was sustained was teasing, tormenting, abusing, or assaulting the dog. d. If the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog. 6.12.010 Purpose. The keeping of an animal defined as vicious shall be declared a public nuisance and shall be abated in accordance with the provisions of this Chapter. The procedure for abatement set forth in this Chapter shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City Titles or abating public nuisances in any other manner provided by law including, but not limited to, California Civil Code Section 3062.5. Further, this Chapter shall not preempt or preclude a person from filing a private lawsuit seeking to abate as a private nuisance an animal that is vicious. (Ord. 1005, 10.18.11) 6.12.015 Vicious don Defined. "Vicious dog" means any of the following: A. Any dog seized under Section 599aa of the Penal Code and upon sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code. B. Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being. C. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 31602 or is maintained in violation of Section 31602 or is maintained in violation of Section 31641, 31642, or 31643 of the Food and Agricultural Code. D. "Enclosure" means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper of the dog. The enclosure shall be designed in order to prevent the animal from escaping. The animal shall be housed pursuant to Section 597t of the Penal Code. (Ord. 1005, 10.18.11) 6.12.020 Inspection. Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this Chapter, or whenever an Animal Services Officer has probable cause to believe that there exists in any building or upon any premises any violation of the provisions of this Chapter or other applicable law, an Animal Services Officer is authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the Animal Services Officer by this Code or other applicable law; provided that: Chapter 6.12 VICIOUS ANIMALS Sections: 6.12.010 Purpose 6.12.015 Vicious Dog Defined 6.12.020 Inspection 6.12.030 Animals at Large 6.12.040 Temporary Impoundment or Confinement 6.12.050 Hearing Procedures 6.12.060 Dangerous Animals- Disposition 6.12.070 Transfer and Training of Dangerous Animals 6.12.080 Enforcement and Penalties 6.12.090 Exemptions 6.12.010 Purpose. The keeping of an animal defined as vicious shall be declared a public nuisance and shall be abated in accordance with the provisions of this Chapter. The procedure for abatement set forth in this Chapter shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City Titles or abating public nuisances in any other manner provided by law including, but not limited to, California Civil Code Section 3062.5. Further, this Chapter shall not preempt or preclude a person from filing a private lawsuit seeking to abate as a private nuisance an animal that is vicious. (Ord. 1005, 10.18.11) 6.12.015 Vicious don Defined. "Vicious dog" means any of the following: A. Any dog seized under Section 599aa of the Penal Code and upon sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code. B. Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being. C. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 31602 or is maintained in violation of Section 31602 or is maintained in violation of Section 31641, 31642, or 31643 of the Food and Agricultural Code. D. "Enclosure" means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper of the dog. The enclosure shall be designed in order to prevent the animal from escaping. The animal shall be housed pursuant to Section 597t of the Penal Code. (Ord. 1005, 10.18.11) 6.12.020 Inspection. Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this Chapter, or whenever an Animal Services Officer has probable cause to believe that there exists in any building or upon any premises any violation of the provisions of this Chapter or other applicable law, an Animal Services Officer is authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the Animal Services Officer by this Code or other applicable law; provided that: A. If such property is occupied, he /she shall first present proper credentials to the occupant and request entry explaining the reasons therefore. If such entry is refused, the Animal Services Officer shall have recourse to every remedy provided by law to secure lawful entry and inspect the property, including an inspection warrant. B. If such property is unoccupied, he /she shall first make a reasonable effort to locate the owner or other person having charge or control of the property and request entry, explaining the reasons therefore. If such entry cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the Animal Services Officer shall have recourse to every remedy provided by law to secure lawful entry and inspect the property, including an inspection warrant. C. Notwithstanding the foregoing, if an Animal Services Officer has probable cause to believe that the keeping or maintaining of any animal is so dangerous as to require immediate inspection to safeguard the life or safety of the animal, other animals, or the public, he /she shall have the right immediately to enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the property be occupied, he /she shall first present proper credentials to the occupant and demand entry, explaining the reasons therefore and purpose of the inspection. D. No person shall interfere with, hinder, fail or refuse, after proper demand has been made upon him or her as provided in Subsection C of this Section, to permit any Animal Services Officer to make any inspection provided by Subsection C of this Section. Any person violating this Section may be charged with a misdemeanor. (Ord. 960, 10/20109; Section 1) 6.12.030 Animals at Large. A. A person who owns or is in charge of or controls or who possesses an animal who permits, allows, or causes the animal to run, stray, be uncontrolled or in any manner be in, upon, or at large upon a public street, sidewalk, park or other public property or in or upon the premises or private property of another person shall be guilty as provided in Subsection B of Section 6.12.080 of this Chapter if such animal bites, attacks or causes injury to any human being or other animal. B. Any person who convicted of violating Subsection A of this Section shall not own, possess, control or have custody of any animal of the type, species, group or family which caused the bite, attack or injury for a period of three (3) years after the date of conviction. (Ord. 960, 10/20/09; Section 1) 6.12.040 Temporary Impoundment or Confinement. A. The Animal Services Officer shall have the power to summarily and immediately impound an animal where there is evidence that the animal is an immediate danger to public safety pending: 1. Any court proceeding; or 2. A hearing to be held pursuant to Chapter 6.22 of this Title. The owner of the animal shall be liable for the costs and expenses of impounding and keeping the animal if the animal is later determined to be vicious. B. Failure to surrender to the Animal Services Officer upon demand an animal which is subject to being impounded pursuant to this Section shall be penalized as provided in Subsection B of Section 6.12.080. C. An animal impounded pursuant to the authority of this Section shall be returned to the owner as provided by Section 6.12.060 of this Chapter, or when the animal is no longer required as evidence, or if a notice of a hearing pursuant to Section 6.12.050 of this Chapter to declare the animal a vicious animal has not been served on the owner or custodian within fifteen (15) working days after the impoundment. D. In lieu of impounding and if not contrary to public safety, the Animal Services Officer may permit the animal to be confined at the owner's expense in an Animal Services Officer - approved kennel or veterinary facility or at the owner's residence provided the owner: 1. Shall not remove the animal from the kennel, veterinary facility, or residence without the prior written approval of the Animal Services Officer; and 2. Shall make the animal available for observation and inspection by the Animal Services Officer or members of law enforcement or their authorized representatives. The Animal Services Officer shall dictate to the owner the exact way the animal is to be restrained while awaiting the hearing. E. The Animal Services Officer may have an animal that has been impounded or confined permanently identified by means of photo identification prior to release from impoundment or confinement. F. If there is no reasonable method available to determine ownership of the animal, then the animal may be considered a stray. (Ord. 1005, 10.18.11) 6.12.050 Hearing Procedures. A. Petition. If the animal services officer has investigated and determined that there exists probable cause to believe that an animal is vicious, the Animal Services Officer shall petition the Chief of Police for a hearing for the purpose of determining whether the animal should be declared vicious. The hearing shall be conducted pursuant to the provisions of Chapter 6.22 of this Title. B. Determinations of Vicious Animals- Evidence. In making a determination that an animal is or is not vicious, evidence of the following shall be considered: 1. Any previous history of the animal attacking, biting or causing injury to a human being or other domestic animal; 2. The nature and extent of injuries inflicted and the number of victims involved; 3. The place where the bite, attack or injury occurred; 4. The presence or absence of any provocation for the bite, attack or injury; 5. The extent to which property has been damaged or destroyed; 6. Whether the animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting; 7. Whether the animal exhibits any characteristics aggressive or unpredictable temperament or behavior in the presence of human beings or other domestic animals; 8. Whether the animal can be effectively trained or retrained to change its temperament or behavior; 9. The manner in which the animal had been maintained or cared for by its owner; 10. Any other relevant evidence concerning the maintenance or care of the animal; and; 11. Any other relevant evidence regarding the ability of the owner or the animal services officer, to protect the public safety in the future if the animal is permitted to remain in the City. C. Vicious Animal Declared. After the hearing, the hearing officer may find, upon a preponderance of the evidence, that the animal is vicious and may make other orders authorized by this Chapter and other law. (Ord. 1005, 10.18.11) 6.12.060 Dangerous Animals- Disposition. A. The owner of an animal which has bitten any person or a domestic animal, or has otherwise been determined, after a hearing, to be vicious, may be required as a condition of the release of the animal from confinement or impoundment, in addition to paying all costs of any impoundment, to comply with the written disposition of the hearing officer which contains any or all of the following conditions requiring the owner: 1. Registration. To immediately register the animal that is found to be vicious with the animal services officer, to comply with the animal services officers requirements for vicious animals (including, but not limited to, requiring the animal to wear a visible, vicious animal tag), and to keep such animal properly vaccinated at all times. The owner shall pay a fee to keep or maintain one vicious animal for a twelve -month term and an additional fee for each additional vicious animal. The fee shall be paid for each twelve -month term. Should the animal die in any four (4) month term, the owner shall notify the animal services officer of the death within two (2) working days of the death. The owner shall provide proof of the death to the satisfaction of the animal services officer. The amount of the fees shall be established from time -to -time by resolution of the City Council. 2. Confinement. To keep the animal securely confined on its premises in a locked enclosure approved by the hearing officer or the animal services officer from which the animal cannot escape and into which children cannot trespass. Such a kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine the animal must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the side of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet. All structures erected to house an animal must comply with all zoning and building regulations of the City. All such structures must be adequately lighted, ventilated, and kept in a cleaned sanitary condition. 3. Confinement While on Leash. To keep the animal securely muzzled, restrained by a substantial leash of appropriate length and under the control of a responsible person eighteen (18) years of age or older who is physically capable of restraining the animal when the animal is not contained in a locked, secure enclosure. 4. Spay or Neuter the Animal. To have the animal spayed or neutered by a licensed veterinarian and to present proof to the animal services officer. 5. Insurance. To provide and maintain financial responsibility for injuries to the public by obtaining and showing proof of liability insurance in the form and amount deemed to be acceptable by the hearing officer in light of all the circumstances. Such insurance policy shall provide that no cancellation of the policy will be made unless thirty days written notice is first given to the Animal Services Officer and the City Clerk's office. 6. Notification. To immediately inform any City, county, postmaster and utility company meter reader and anyone -else that lawfully comes onto the property, of the animal's dangerousness and to inform the animal services officer and /or the hearing officer if the animal is moved to another location inside or outside the City limits as provided in Section 6.06.150 of this Chapter. 7. Signs. To display in a prominent place on the premises a sign easily readable by the public using the words "Beware of Dog" or "Beware of Animal" in letters at least three (3) inches high. 8. Identification. To have a registration number assigned to such animal tattooed by a licensed veterinarian on the animal's inner thigh or inserted by a licensed veterinarian under the animal's skin by means of an electronic identification device. The manner and method of identification to be used hereunder shall be determined by the hearing officer. For the purposes of this Section, "tattoo" shall be defined as any permanent numbering of an animal by means of indelible or permanent ink. 9. Inspection. To consent and agree to the entry upon the premises to any Animal Services Officer for the purpose of inspecting the animal and /or premises. 10. Payment of Costs. To make reasonable payment of one -half of the costs incurred by the City and the Animal Services Officer in the hearing process, not to exceed one thousand dollars ($1,000.00). 11. Other. To take any other steps deemed reasonably necessary to prevent injuries to the public. The owner of the animal shall comply with the conditions imposed by the hearing officer within the time limit specified in Section 6.12.070 of this Chapter. B. No vicious animal shall be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or screen doors are the only obstacle preventing the animal from exiting the structure. C. If, following the hearing, the subject animal is found to be vicious and such a threat to public safety that even if reasonable conditions were imposed to release the animal to the owner it would create a significant threat to the public health, safety, or welfare, such animal may be destroyed. Such remedy shall be in addition to all other remedies at law or in equity and shall not limit or restrict such other remedies, including, but not limited to, Section 6.12.080(A), which authorizes the hearing officer to order an animal destroyed for violation of this Chapter or failure to meet a condition imposed by the hearing officer. D. Any decisions made by the hearing officer shall be final. E. If, after notice, the owner of an impounded animal fails to appear or be represented at the required hearing, then the animal may be considered abandoned. If the subject animal does not appear to be validly licensed and no owner can be found, and if the animal has been determined to be vicious, then the animal may be considered abandoned and may be handled in the same manner as any other unclaimed stray animal. F. If such an unlicensed animal has not been determined to be vicious, it shall be returned to the owner, - subject to the issuance of a citation for failure to obtain a license. A non - vicious stray animal will be handled as any other stray animal. G. In such cases where an impounded licensed animal is found to be vicious, the animal may be released subject to the conditions set forth in Subsection A of this Section. (Ord. 1005, 10.18.11) 6.12.070 Transfer and Trainino of Vicious Animals. A. Sale or Transfer within City. No person shall sell, transfer or in any other way dispose of an animal deemed vicious under this Chapter to any person within the City, including, but not limited to, temporary housing in privately -owned and commercial kennels unless the recipient person resides permanently in the same household and on the same premises as the owner of such animal. B. Sale or Transfer Outside City. The owner of an animal that has been deemed vicious under this Chapter may sell, transfer, or otherwise dispose of such animal or the offspring thereof to persons who do not reside within the City, provided the owner first notifies the hearing officer and the Animal Services Officer of the proposed sale or transfer. Such notice shall be given not less than fifteen (15) days in advance of the sale or transfer and shall specify the name and address of the recipient person. Upon receipt of such notice, the hearing officer or the Animal Services Officer may notify the governmental jurisdiction in which the recipient person is located or resides. Failure to comply with these notification provisions shall be grounds for immediate impoundment of the animal by the Animal Services Officer. C. Sale or Transfer Into City. It is unlawful for a person to possess, own or control any animal for the purpose of either temporary or permanent care in the City limits that has been deemed by another governmental jurisdiction to be potentially dangerous, vicious, or a threat to the safety of human beings or domestic animals. The animal services officer may order the person having possession, ownership or control of the animal to remove the animal immediately from the City. Should such person fail to comply with the Animal Services Officer's order, the Animal Services Officer may summarily and immediately impound the animal. The owner of the animal shall be liable for the costs and expenses of impounding and keeping the animal. Such impounded animals may then be disposed of in accordance with the provisions of this Chapter. D. Fight Training and Animal Abuse Prohibited. It is unlawful to use, train, keep, harbor, own or in any way possess or transport through the City an animal for the purpose of animal fight exhibitions. Scars and wounds are rebuttal evidence of participation in animal fight exhibitions or training. "Fight training" is defined to include, but not limited to: 1. The use or possession of treadmills for fight training; 2. Actions designed to torment, badger or bait any animal for purpose of encouraging said animal for fight exhibitions; 3. The use of weights on the animal for fight training; 4. The use of other animals for blood sport training; 5. Any other activity, the primary purpose of which is the training of animals for animal fight exhibitions. It is further unlawful for anyone to knowingly abuse any animal within the City limits. E. Rewards. Subject to the budgetary and fiscal provisions of this Code, the City is authorized to offer rewards not exceeding two hundred fifty dollars ($250.00) to any person providing information leading to the arrest of any person for violations of prohibitions against the training of an animal for fight exhibitions. The City Council may authorize said rewards by resolution upon the request of the City Manager, Animal Services Officer or the Mayor. (Ord. 1005, 10.18.11) 6.12.080 Enforcement and Penalties. A. Failure to Comply. It is unlawful for the owner of an animal deemed vicious under this Chapter to fail to comply with the requirements and conditions set forth in this Chapter. Any animal found to be the subject of a violation of this Chapter or of any condition imposed by the hearing officer pursuant to Section 6.12.060 of this Chapter shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the destruction of the animal. No such animal however, may be destroyed until the owner of the animal has received written notice from the hearing officer that the animal will be destroyed unless, within fourteen (14) days from the date of the notice: 1. The owner has demonstrated to the satisfaction of the hearing officer that the owner has fully complied with the requirements and conditions set forth in this Chapter, including, but not limited to, the conditions imposed by the hearing officer pursuant to Section 6.12.060 of this Chapter; or 2. The owner has filed in a court of competent jurisdiction a petition that seeks to stay destruction of the animal and has served a copy of such petition upon the hearing officer. The notice from the hearing officer shall be served upon the owner either personally or by prepaid first -class mail. If, after (14) fourteen days from the date of such notice, the owner has not complied with the provisions of Subdivisions 1 or 2 of this Subsection, the hearing officer may, without further notice or process, have the animal destroyed. B. Violation - Penalties. 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 Sections 1.17.100 et seq., or shall be guilty of an infraction pursuant to Beaumont Municipal Code Section 1.06.010. In either case, the amount of the fine shall be in the appropriate amount set forth in Section 1.06.030 of this Code. Each such violation shall be deemed a separate offense as specified in Beaumont Municipal Code Section 1.06.010. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve any person from the responsibility for correcting the violation C. Ownership of Vicious Animals. The owner of an animal determined to be vicious under this Chapter shall be prohibited from owning, possessing, controlling or having custody of any other animal of the type, species, group or family to which the violation applies for a period of three years from the date of violation when it is found after the hearing conducted pursuant to Section 6.12.070 of this Chapter that ownership or possession of such animal by that person would create a significant threat to public health, safety or welfare. D. Enforcement. Any provision of this Chapter may be enforced by the Police Department, Fire Department, the animal services officer or any authorized designee of the City Manager. Complaints of any violations of this Chapter which are subject to penalties under this Section may be presented to the District Attorney's office or to the City Attorney for prosecution. E. Nuisance Abatement Lien. The costs of abating a public nuisance pursuant to the provisions of this Chapter may be recovered from the owner of the animal causing the public nuisance. If the owner fails to pay such costs within thirty days from the date of invoice or within an extended period of time agreed to in writing by the hearing officer, the costs may be collected by a nuisance abatement lien, as provided by Section 38773.1 of the California Government Code. Notice of the lien shall be given to the owner of record of the parcel of land on which the nuisance is maintained prior to recordation of the lien and in the manner specified in said Section 38773.1. F. Penalties and Remedies Cumulative. The penalties and remedies specified herein shall not be exclusive but shall be cumulative with all other remedies at law or in equity. The City may, in its discretion, elect to pursue anyone or more of the penalties or remedies provided for herein or at law or in equity. (Ord. 1005, 10.18.11) 6.12.090 Exemptions. The provisions contained in this Chapter shall not apply to: A. Any dog while utilized by any police department or any law enforcement officer in the performance of police work; B. Any animal shelter owned, operated or maintained by the animal services officer; or C. Any humane society shelter, animal control facility or veterinarian (Ord. 960, 10/20/09; Section 1) Chapter 6.12 DANGEROUS VICIOUS ANIMALS Sections: 6.12.010 Purpose 6.12.015 Vicious Dog Defined 6.12.020 Inspection 6.12.030 Animals at Large 6.12.040 Temporary Impoundment or Confinement 6.12.050 Hearing Procedures 6.12.060 Dangerous Animals- Disposition 6.12.070 Transfer and Training of Dangerous Animals 6.12.080 Enforcement and Penalties 6.12.090 Exemptions 6.12.010 Purpose. The keeping of an animal defined as dengeret�s- vicious shall be declared a public nuisance and shall be abated in accordance with the provisions of this Chapter. The procedure for abatement set forth in this Chapter shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City Titles or abating public nuisances in any other manner provided by law including, but not limited to, California Civil Code Section 3062.5. Further, this Chapter shall not preempt or preclude a person from filing a private lawsuit seeking to abate as a private nuisance an animal that is viciousdangeFeus. (Ord. 960, 10/20/09; Section 1) 6.12.015 "Vicious dog' means any of the following. A. Any dog seized under Section 599aa of the Penal Code and upon sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code. B. Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being. C. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 31602 or is maintained in violation of Section 31602 or is maintained in violation of Section 31641, 31642, or 31643 of the Food and Agricultural Code. D. "Enclosure" means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper of the dog. The enclosure shall be designed in order to prevent the animal from escaping. The animal shall be housed pursuant to Section 597t of the Penal Code. 6.12.020 Inspection. Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this Chapter, or whenever an Animal Services Officer has probable cause to believe that there exists in any building or upon any premises any violation of the provisions of this Chapter or other applicable law, an Animal Services Officer is authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the Animal Services Officer by this Code or other applicable law; provided that: A. If such property is occupied, he /she shall first present proper credentials to the occupant and request entry explaining the reasons therefore. If such entry is refused, the Animal Services Officer shall have recourse to every remedy provided by law to secure lawful entry and inspect the property, including an inspection warrant. B. If such property is unoccupied, he /she shall first make a reasonable effort to locate the owner or other person having charge or control of the property and request entry, explaining the reasons therefore. If such entry cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the Animal Services Officer shall have recourse to every remedy provided by law to secure lawful entry and inspect the property, including an inspection warrant. C. Notwithstanding the foregoing, if an Animal Services Officer has probable cause to believe that the keeping or maintaining of any animal is so dangerous as to require immediate inspection to safeguard the life or safety of the animal, other animals, or the public, he /she shall have the right immediately to enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the property be occupied, he /she shall first present proper credentials to the occupant and demand entry, explaining the reasons therefore and purpose of the inspection. D. No person shall interfere with, hinder, fail or refuse, after proper demand has been made upon him or her as provided in Subsection C of this Section, to permit any Animal Services Officer to make any inspection provided by Subsection C of this Section. Any person violating this Section may be charged with a misdemeanor. (Ord. 960, 10/20/09; Section 1) 6.12.030 Animals at Large. A. A person who owns or is in charge of or controls or who possesses an animal who permits, allows, or causes the animal to run, stray, be uncontrolled or in any manner be in, upon, or at large upon a public street, sidewalk, park or other public property or in or upon the premises or private property of another person shall be guilty as provided in Subsection B of Section 6.12.080 of this Chapter if such animal bites, attacks or causes injury to any human being or other animal. B. Any person who convicted of violating Subsection A of this Section shall not own, possess, control or have custody of any animal of the type, species, group or family which caused the bite, attack or injury for a period of three (3) years after the date of conviction. (Ord. 960,10/20/09; Section 1) 6.12.040 Temporary Impoundment or Confinement. A. The Animal Services Officer shall have the power to summarily and immediately impound an animal where there is evidence that the animal is an immediate danger to public safety pending: 1. Any court proceeding; or 2. A hearing to be held pursuant to Chapter 6.22 of this Title. The owner of the animal shall be liable for the costs and expenses of impounding and keeping the animal if the animal is later determined to be viciousdafls. B. Failure to surrender to the Animal Services Officer upon demand an animal which is subject to being impounded pursuant to this Section shall be penalized as provided in Subsection B of Section 6.12.080. C. An animal impounded pursuant to the authority of this Section shall be returned to the owner as provided by Section 6.12.060 of this Chapter, or when the animal is no longer required as evidence, or if a notice of a hearing pursuant to Section 6.12.050 of this Chapter to declare the animal a viciousdaRgerees animal has not been served on the owner or custodian within fifteen (15) working days after the impoundment. D. In lieu of impounding and if not contrary to public safety, the Animal Services Officer may permit the animal to be confined at the owner's expense in an Animal Services Officer - approved kennel or veterinary facility or at the owner's residence provided the owner: 1. Shall not remove the animal from the kennel, veterinary facility, or residence without the prior written approval of the Animal Services Officer; and 2. Shall make the animal available for observation and inspection by the Animal Services Officer or members of law enforcement or their authorized representatives. The Animal Services Officer shall dictate to the owner the exact way the animal is to be restrained while awaiting the hearing. E. The Animal Services Officer may have an animal that has been impounded or confined permanently identified by means of photo identification prior to release from impoundment or confinement. F. If there is no reasonable method available to determine ownership of the animal, then the animal may be considered a stray. (Ord. 960, 10/20/09; Section 1) 6.12.050 Hearing Procedures. A. Petition. If the animal services officer has investigated and determined that there exists probable cause to believe that an animal is viciousdaegerous, the Animal Services Officer shall petition the Chief of Police for a hearing for the purpose of determining whether the animal should be declared viciousdaegereus. The hearing shall be conducted pursuant to the provisions of Chapter 6.22 of this Title. B. Determinations of ViciousDa s Animals- Evidence. In making a determination that an animal is or is not - dangerous, evidence of the following shall be considered: 1. Any previous history of th animal attacking, biting or causing injury to a human being or other domestic animal; 2. The nature and extent of injuries inflicted and the number of victims involved; 3. The place where the bite, attack or injury occurred; 4. The presence or absence of any provocation for the bite, attack or injury; 5. The extent to which property has been damaged or destroyed; 6. Whether the animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting; 7. Whether the animal exhibits any characteristics aggressive or unpredictable temperament or behavior in the presence of human beings or other domestic animals; 8. Whether the animal can be effectively trained or retrained to change its temperament or behavior; 9. The manner in which the animal had been maintained or cared for by its owner; 10. Any other relevant evidence concerning the maintenance or care of the animal; and; 11. Any other relevant evidence regarding the ability of the owner or the animal services officer, to protect the public safety in the future if the animal is permitted to remain in the City. C. ViciousDangereus Animal Declared. After the hearing, the hearing officer may find, upon a preponderance of the evidence, that the animal is viciousdangersas and may make other orders authorized by this Chapter and other law. 6.12.060 Dangerous Animals- Disposition. A. The owner of an animal which has bitten any person or a domestic animal, or has otherwise been determined, after a hearing, to be viciousdangeFOU6, may be required as a condition of the release of the animal from confinement or impoundment, in addition to paying all costs of any impoundment, to comply with the written disposition of the hearing officer which contains any or all of the following conditions requiring the owner: 1. Registration. To immediately register the animal that is found to be viciousdaegeFous with the animal services officer, to comply with the animal services officers requirements for viciousdangereoe animals (including, but not limited to, requiring the animal to wear a visible, viciousdangemus animal tag), and to keep such animal properly vaccinated at all times. The owner shall pay a fee to keep or maintain one viciousdangerous animal for a twelve -month term and an additional fee for each additional viciousdaegereus animal. The fee shall be paid for each twelve -month term. Should the animal die in any four (4) month term, the owner shall notify the animal services officer of the death within two (2) working days of the death. The owner shall provide proof of the death to the satisfaction of the animal services officer. The amount of the fees shall be established from time -to -time by resolution of the City Council. 2. Confinement. To keep the animal securely confined on its premises in a locked enclosure approved by the hearing officer or the animal services officer from which the animal cannot escape and into which children cannot trespass. Such a kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine the animal must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the side of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet. All structures erected to house an animal must comply with all zoning and building regulations of the City. All such structures must be adequately lighted, ventilated, and kept in a cleaned sanitary condition. 3. Confinement While on Leash. To keep the animal securely muzzled, restrained by a substantial leash of appropriate length and under the control of a responsible person eighteen (18) years of age or older who is physically capable of restraining the animal when the animal is not contained in a locked, secure enclosure. 4. Spay or Neuter the Animal. To have the animal spayed or neutered by a licensed veterinarian and to present proof to the animal services officer. 5. Insurance. To provide and maintain financial responsibility for injuries to the public by obtaining and showing proof of liability insurance in the form and amount deemed to be acceptable by the hearing officer in light of all the circumstances. Such insurance policy shall provide that no cancellation of the policy will be made unless thirty days written notice is first given to the Animal Services Officer and the City Clerk's office. 6. Notification. To immediately inform any City, county, postmaster and utility company meter reader and anyone -else that lawfully comes onto the property, of the animal's dangerousness and to inform the animal services officer and /or the hearing officer if the animal is moved to another location inside or outside the City limits as provided in Section 6.06.150 of this Chapter. 7. Signs. To display in a prominent place on the premises a sign easily readable by the public using the words "Beware of Dog" or "Beware of Animal" in letters at least three (3) inches high. 8. Identification. To have a registration number assigned to such animal tattooed by a licensed veterinarian on the animal's inner thigh or inserted by a licensed veterinarian under the animal's skin by means of an electronic identification device. The manner and method of identification to be used hereunder shall be determined by the hearing officer. For the purposes of this Section, "tattoo" shall be defined as any permanent numbering of an animal by means of indelible or permanent ink. 9. Inspection. To consent and agree to the entry upon the premises to any Animal Services Officer for the purpose of inspecting the animal and /or premises. 10. Payment of Costs. To make reasonable payment of one -half of the costs incurred by the City and the Animal Services Officer in the hearing process, not to exceed one thousand dollars ($1,000.00). 11. Other. To take any other steps deemed reasonably necessary to prevent injuries to the public. The owner of the animal shall comply with the conditions imposed by the hearing officer within the time limit specified in Section 6.12.070 of this Chapter. B. No viciousdangereus animal shall be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or screen doors are the only obstacle preventing the animal from exiting the structure. C. If, following the hearing, the subject animal is found to be viciousdangereus and such a threat to public safety that even if reasonable conditions were imposed to release the animal to the owner it would create a significant threat to the public health, safety, or welfare, such animal may be destroyed. Such remedy shall be in addition to all other remedies at law or in equity and shall not limit or restrict such other remedies, including, but not limited to, Section 6.12.080(A), which authorizes the hearing officer to order an animal destroyed for violation of this Chapter or failure to meet a condition imposed by the hearing officer. D. Any decisions made by the hearing officer shall be final. E. If, after notice, the owner of an impounded animal fails to appear or be represented at the required hearing, then the animal may be considered abandoned. If the subject animal does not appear to be validly licensed and no owner can be found, and if the animal has been determined to be viciousdaflgereUs, then the animal may be considered abandoned and may be handled in the same manner as any other unclaimed stray animal. F. If such an unlicensed animal has not been determined to be viciousdangerees, it shall be returned to the owner, - subject to the issuance of a citation for failure to obtain a license. A non- viciousdangereus stray animal will be handled as any other stray animal. G. In such cases where an impounded licensed animal animal is found to be viciousdaagerGus, the animal may be released subject to the conditions set forth in Subsection A of this Section. (Ord. 960, 10/20/09; Section 1) 6.12.070 Transfer and Training of Dangereus- vicious Animals. A. Sale or Transfer within City. No person shall sell, transfer or in any other way dispose of an animal deemed viciousdangerous under this Chapter to any person within the City, including, but not limited to, temporary housing in privately -owned and commercial kennels unless the recipient person resides permanently in the same household and on the same premises as the owner of such animal. B. Sale or Transfer Outside City. The owner of an animal that has been deemed viciousdaflgerous under this Chapter may sell, transfer, or otherwise dispose of such animal or the offspring thereof to persons who do not reside within the City, provided the owner first notifies the hearing officer and the Animal Services Officer of the proposed sale or transfer. Such notice shall be given not less than fifteen (15) days in advance of the sale or transfer and shall specify the name and address of the recipient person. Upon receipt of such notice, the hearing officer or the Animal Services Officer may notify the governmental jurisdiction in which the recipient person is located or resides. Failure to comply with these notification provisions shall be grounds for immediate impoundment of the animal by the Animal Services Officer. C. Sale or Transfer Into City. It is unlawful for a person to possess, own or control any animal for the purpose of either temporary or permanent care in the City limits that has been deemed by another governmental jurisdiction to be potentially dangerous, dams, vicious, or a threat to the safety of human beings or domestic animals. The animal services officer may order the person having possession, ownership or control of the animal to remove the animal immediately from the City. Should such person fail to comply with the Animal Services Officer's order, the Animal Services Officer may summarily and immediately impound the animal. The owner of the animal animal shall be liable for the costs and expenses of impounding and keeping the animal. Such impounded animals may then be disposed of in accordance with the provisions of this Chapter. D. Fight Training and Animal Abuse Prohibited. It is unlawful to use, train, keep, harbor, own or in any way possess or transport through the City an animal for the purpose of animal fight exhibitions. Scars and wounds are rebuttal evidence of participation in animal fight exhibitions or training. "Fight training" is defined to include, but not limited to: 1. The use or possession of treadmills for fight training; 2. Actions designed to torment, badger or bait any animal for purpose of encouraging said animal for fight exhibitions; 3. The use of weights on the animal for fight training; 4. The use of other animals for blood sport training; 5. Any other activity, the primary purpose of which is the training of animals for animal fight exhibitions. It is further unlawful for anyone to knowingly abuse any animal within the City limits. E. Rewards. Subject to the budgetary and fiscal provisions of this Code, the City is authorized to offer rewards not exceeding two hundred fifty dollars ($250.00) to any person providing information leading to the arrest of any person for violations of prohibitions against the training of an animal for fight exhibitions. The City Council may authorize said rewards by resolution upon the request of the City Manager, Animal Services Officer or the Mayor. (Ord. 960,10/20/09; Section 1) 6.12.080 Enforcement and Penalties. A. Failure to Comply. It is unlawful for the owner of an animal deemed viciousdaRgeFous under this Chapter to fail to comply with the requirements and conditions set forth in this Chapter. Any animal found to be the subject of a violation of this Chapter or of any condition imposed by the hearing officer pursuant to Section 6.12.060 of this Chapter shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the destruction of the animal. No such animal however, may be destroyed until the owner of the animal has received written notice from the hearing officer that the animal will be destroyed unless, within fourteen (14) days from the date of the notice: 1. The owner has demonstrated to the satisfaction of the hearing officer that the owner has fully complied with the requirements and conditions set forth in this Chapter, including, but not limited to, the conditions imposed by the hearing officer pursuant to Section 6.12.060 of this Chapter; or 2. The owner has filed in a court of competent jurisdiction a petition that seeks to stay destruction of the animal and has served a copy of such petition upon the hearing officer. The notice from the hearing officer shall be served upon the owner either personally or by prepaid first -class mail. If, after (14) fourteen days from the date of such notice, the owner has not complied with the provisions of Subdivisions 1 or 2 of this Subsection, the hearing officer may, without further notice or process, have the animal destroyed. B. Violation - Penalties. 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 Sections 1.17.100 et seq., or shall be guilty of an infraction pursuant to Beaumont Municipal Code Section 1.06.010. In either case, the amount of the fine shall be in the appropriate amount set forth in Section 1.06.030 of this Code. Each such violation shall be deemed a separate offense as specified in Beaumont Municipal Code Section 1.06.010. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve any person from the responsibility for correcting the violation C. Ownership of Viciou- Dangereas Animals. The owner of an animal determined to be viciousdangerous under this Chapter shall be prohibited from owning, possessing, controlling or having custody of any other animal of the type, species, group or family to which the violation applies for a period of three years from the date of violation when it is found after the hearing conducted pursuant to Section 6.12.070 of this Chapter that ownership or possession of such animal by that person would create a significant threat to public health, safety or welfare. D. Enforcement. Any provision of this Chapter may be enforced by the Police Department, Fire Department, the animal services officer or any authorized designee of the City Manager. Complaints of any violations of this Chapter which are subject to penalties under this Section may be presented to the District Attorney's office or to the City Attorney for prosecution. E. Nuisance Abatement Lien. The costs of abating a public nuisance pursuant to the provisions of this Chapter may be recovered from the owner of the animal causing the public nuisance. If the owner fails to pay such costs within thirty days from the date of invoice or within an extended period of time agreed to in writing by the hearing officer, the costs may be collected by a nuisance abatement lien, as provided by Section 38773.1 of the California Government Code. Notice of the lien shall be given to the owner of record of the parcel of land on which the nuisance is maintained prior to recordation of the lien and in the manner specified in said Section 38773.1. F. Penalties and Remedies Cumulative. The penalties and remedies specified herein shall not be exclusive but shall be cumulative with all other remedies at law or in equity. The City may, in its discretion, elect to pursue anyone or more of the penalties or remedies provided for herein or at law or in equity. (Ord. 960, 10/20/09; Section 1) 6.12.090- Exemptions. The provisions contained in this Chapter shall not apply to: A. Any dog while utilized by any police department or any law enforcement officer in the performance of police work; B. Any animal shelter owned, operated or maintained by the animal services officer; or C. Any humane society shelter, animal control facility or veterinarian