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HomeMy Public PortalAboutAgendas - Dec. 20, 2011Agenda Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority Beaumont Charitable Foundation Beaumont Conservation Authority 550 E. 6th Street, Beaumont, California Regular Session (6:00 p.m.) Workshop (after Regular Session.) Closed Session (after Workshop Session) Tuesday, December 20, 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. 61h Street during normal business hours" REGULAR SESSION Regular Session to begin at 6:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor De Forge , Mayor Pro Tern Berg , Council Member Castaldo , Council Member Fox , Council Member Gall Invocation: Pledge of Allegiance: Presentation: Adjustments to Agenda: 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) December 10, 2011 — Winter Wish Food Drive - Walmart b. Community Information and Local Project Update 1) Crafts Fair - December 10, 2011 - 2) Christmas Light Parade /Community Christmas Party - December 10, 2011 3) Spark of Love Toy Drive - December 10, 2011 4) Calimesa Express Update 5) Housing Update 6) Sustainability C. Calendar of Events 1) Civic Center Closed for Christmas and New Years December 26 — 30, 2011 2) January 21, 2011 - Veteran Expo —10 am to 1 pm Civic Center 3) 1 st Wednesday of each Month — Beaumont Care Awareness Team 4) 1St Wednesday of Each Month - TEAM (Transportation Education Awareness & Marketing) Meeting 5) 2nd and 3rd Wednesday of Each Month — Story Time Cafe d. Rumor Control, and Report on Oral and Written Communications 1) Potential Dates for 2012 Public Information Socials 2) Viele Improvements 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 December 6, 2011 C. Approval of the Warrant List for December 20, 2011. d. Approval of Business License — Automobile for Hire Permit # 11 -0028 — Pacific Ambulance (Non - Emergency Medical Transport) e. Adoption of Resolution No. 2011 -33 — a Resolution of the City council of the City of Beaumont Adopting Policies and Actions Requiring the Use of the United States Green Building Council's LEED (Leadership in Energy and Environmental Design) Green Building Rating System Standards for City Owned and Operated Projects f. Approval of Agreement with CT Beaumont Partners, LLC for traffic Signal Construction g. Agreement with Beaumont Cherry Valley Recreation and Parks District for Joint Development of a multipurpose Trail along Noble Creek h. Adoption of Ordinance No. 1008 at its second reading by title only - Adoption of Ordinance No. 1008 An Ordinance of the City Council of the City of Beaumont Amending Chapter 5.32 of the Beaumont municipal Code Entitled "Bingo ". 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. Street Vacation 11-SV 02- A Request for the Vacation of a Portion of Mountain View Avenue (located north of Brookside) and 11 -D -02 Offer of Dedication for Brookside Avenue. Applicant: Beaumont Unified School District. Recommendation: Hold a Public Hearing and Approve Street Vacation 11 -SV -02 and Accept Offer of Dedication 11 -D-02 b. Adoption of Ordinance No. 1007 at its second reading by title only — An Ordinance of the City Council of the City of Beaumont, California amending Table 17.03 -3 and Table 17.03 -4 of Chapter 17 of the Beaumont Municipal Code Entitled "Zoning" Recommendation: Open Public Comments and Adopt Ordinance No. 1007 at its second reading by title only. C. Adoption of Ordinance No. 1009 at its second reading by title only — An Ordinance of the City Council of the City of Beaumont, California Adding Chapter 17.16 "Parolee /Probationer Home to the Beaumont Municipal Code. Recommendation: Open Public Comments and Adopt Ordinance No. 1009 at its second reading 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. 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 posting 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 — All (7) Employee Groups — 2012 -2013 Cooperative Agreements (MOU) Proposal 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 of Beaumont 10 -56081 3. Oak Tree Alternative Care vs. City of Beaumont RIC 1109687 4. Ochs vs. City of Beaumont RIC 1100933 5. Hupp vs. City of Beaumont 11 -00774 6. Empire Homes vs. City of Beaumont — RIC 532973 7. Morgan /Luna vs City RIC 1118540 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 ,)- h, b Energy Leader Partnership City of Beaumont Current Enemy Leader Level: Gold Accomplishments to Date: EE Municipal N/A Met Met Consumption* kWh Not Met Percentage Community N/A Met Met Met EAP N/A Met Met Not Met DR Met Met Met Met Next Steps to Achieve Platinum Level • Additional Municipal kWh Savings Required: 74,215 • Need to Implement EAP Details 1. Energy Efficiency Criteria A. Targeted kWh Reductions 2004 Baseline 20042011 Energy Savings Participation /Savings Savings Required for next Consumption* kWh kWh Percentage Level kWh Municipal 3,355,159 Facilities 596,817 17.79% 74,215 Community 83,895,783 19,317,916 23.03% Achieved B. Energy Action Plan Stirrer; To I nitiate Gold: To Complete (EAP Pftm: To tmpterrtertf rotted SCE Status: Met Met Not Met Demand Valued Criteria Status Date Enroll in California's Statewide Flex Alert Program and implement an internal educational Complete 4/15/2010 campaign Silver Criteria At least one facility to participate in one SCE DR program Complete Q2 - 2010 At least one facality to develop a Peak Demand Reduction Action plan Complete 5118/2010 Distribute Energy Solutions brochure to partner employees Complete 9/21/2010 Complete an Integrated Demand Side Management audit at all eligible facilities greater than 200kW Complete 9/29/2010 EiofdCirll■rfe �atut,, D■dill Conduct co-branded marketing and outreach to residential customers on SCE's Demand Response programs Complete 7/21/2010 Have at least 25% of eligible facilities participate in an SCE Demand Response program and develop a Energy Reduction Action Plan for the participating facilities Complete Q3 -2010 At least one (1) eligible facility implement a DR measure recommended from the IDSM audit. Not Applicable Organize a local outreach event during the Spring /Summer season to promote demand response/IDSM Complete 9/9/2011 Have at least 50% of eligible facilities participate in an SCE Demand Response program and develop a Energy Reduction Action Plan for the participating facilities Complete 8✓16/2011 At least one (1) eligible facility must participate in SCE's Auto Demand Response program Not Applicable ELP 2011- October Update.)ds F] Es it� �� � �� o�� H 417- 150 -001 GATE L— EXISTING UTILITY POLE (to be relocated) STA: 11+75 BEGIN FENCE 5' EXISTING HOUSE _ k 417 -150 013 8' BLOC WALL — \ I. QiTA: 7U tJU BEGIN WAL I I 20' 5 a.j a 17- 150 -021 R VIELE AW W #5L28' S DE PAVEMENT 2x ?• 4A — L L o L--BASE COURSE COMPACTED SUBGRADE 8' SOUND WALL ED 6*p R DRAIN SECTION "A" l NO SCALE E S ELECTRIC GATE ETUgo5 FIRST STREET R 40 0 20 40 80 120 r-- - -DIKE ( IN FEET ) 1 inch = 40 ft APPROVED BY EXHIBIT Urban Logic Consultants Temecula, Ridge Park la S2 90 200 13 Temeculq California 92590 Tel: (909) 676 -1944 Far (909) 676 -2054 SCALE: 1 " =40' DRAWN BY: ML I DATE: 10 -1 -04 APPROVED BY CITY OF BEAUMONT- BINGHAM TRUST SITE IMPROVEMENT EXHIBIT W.O. I SHEET 1 OF 1 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, December 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 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 were present. Invocation: Mayor De Forge Pledge of Allegiance: Mayor De Forge Presentation: Southern California Edison — Proclamation to the City RTA Award Presentation 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 — Lockheed Facility Tour, Rotary Thanksgiving Dinner, San Gorgonio Children's Performance, Pass Christmas Program, Parade of Light and Community Gathering b) Mayor Pro Tern Berg — Regional Conservation Meeting, c) Council Member Castaldo — Lockheed Facility Tour d) Council Member Fox — RTA, Pass Transit, Veterans Day, Transportation Task Force Meeting. e) Council Member Gall — Veterans Day, New Theater at Beaumont High, Winterfest 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 - October 2011 2) Adopt a Cop Update — Breakfast Burritos — November 8, 2011 3) Shop with a Hero Update — December 3, 2011 b. Community Information and Local Project Update 1) Financial Update — October 2011 3) Thanksgiving Dinner Delivery Update 4) Sales Tax Update 5) Sustainability Update 6) Transit Update & Scholarship Award 7) 2011 CA State Legislation Session Update C. Calendar of Events 1) December 10, 2011 - Crafts Fair 11 am — 4 pm 2) December 10, 2011 — Winter Wish Food Drive - Walmart 3) December 10, 2011 — Christmas Light Parade /Community Christmas Party 6 p.m. 4) December 12, 2011- Operation Santa 5) 1St Wednesday of each Month — Beaumont Care Awareness Team 6) 1St Wednesday of Each Month - TEAM (Transportation Education Awareness & Marketing) Meeting 7) 2nd and 3rd Wednesday of Each Month — Story Time Caf6 d. Rumor Control, and Report on Oral and Written Communications 1) Council Member Castaldo has requested a report on monies spent on improvements made on Viele Avenue effecting and benefiting the Bingham property 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 November 1, 2011 C. Approval of the Warrant List for December 6, 2011. d. Denial of Claim - BPOA e. Adoption of Resolution No. 2011 -27 - A Resolution of the City Council of the City of Beaumont Adopting a Public Records Retention and Destruction Policy f. Adoption of Resolution No. 2011 -28 - A Resolution of the City Council of the City of Beaumont Establishing the Beaumont Youth Advisory Council g. Approval of Business License Request under the Conditions of Approval for Automobile for Hire Permit #11 -025 - Alpha Ambulance - Non - Emergency Medical Transport. h. Approval of Fee Waiver Request for Redlands Bicycle Classic - Beaumont Circuit i. Adoption of Resolution No. 2011 -31 and BFA 2011 -02 - Approving the Revised form of Legal Documents to the Issuance of Bonds with Respect to Improvement Area No. 17B within Community Facilities District No. 93 -1 and the Sale Thereof to the Beaumont Financing Authority. j. Approval of Business License Request - Automobile for Hire Permit # 11 -0027 - Lexxiom Medical Services, Inc. (Non- Emergency Medical Transportation). k. Adopt Resolution No. 2011 -32 - A Resolution of the City Council of the City of Beaumont, California Participating with the County of Riverside Mortgage Credit Certificate (MCC) Program. I. Approval Exclusive Negotiating Agreement with Grady Hanshaw, Approval of the Project Progress Report, and Authorization for the Mayor to Execute subject to the City Attorney to make non - substantive changes. M. Approval of Exoneration and Acceptance of Improvements for Bond No. 8887116 for Tract No. 30748 -3 Street Improvements for Maintenance. n. Approval of Improvement Agreement for Tract Map No. 31426 (RSI Development LP). Located East of Manzanita Park Rd. and North of First Street. o. Approval of Exoneration and Acceptance of Improvement for Bond No. 8827510 for Tract No. 32260 — Street, Sewer and Storm Drain — K Hovnanian p. Approval of Exoneration and Acceptance of Improvement for Bond No. 929350853 -M for Tract No. 33260 -1- Street Improvement - K Hovnanian q. Approval of Exoneration and Acceptance of Improvement for Bond No. 8887117 for Tract No. 30748 -4 - Street Improvement — Pardee Homes Recommendation: Approval of the Consent Calendar as presented. Item 3.d was moved to discussion item 4.1 Dillon Valdivia & McKenzie Hughes spoke in favor of the Beaumont Youth Advisory Resolution Motion by Council Member Berg, Seconded by Council Member Fox to approve the Consent Calendar with the exclusion of item 3.d. Vote: 5/0 4. ACTION ITEMS /PUBLIC HEARING /REQUESTS (This portion of the Agenda is for items that require a Public Hearing, discussion, and /or Council direction.) a. Ordinance No. 1007 - Amending Table 17.03 -3 "Permitted Land Uses for Base Zone Districts" and Table 17.03 -4 "Permitted Land uses for Overlay Zone Districts" within Chapter 17, "Zoning" to permit additional land uses throughout the City of Beaumont (Expansion of Permitted Uses) Recommendation: Hold a Public Hearing and Approve the first reading of Ordinance No. 1007. Staff report was given by Kyle Warsinski, Community Development Analyst Open Public Hearing 6:55 p.m. Rudy Zerr — questions regarding current zoning Closed Public Hearing 7:06 p.m. Motion by Council Member Berg, Seconded by Council Member Fox to approve the first reading of Ordinance No. 1007. Vote: 510 b. Ordinance No. 1008 - An Ordinance of the City Council of the City of Beaumont, California Amending in its entirety, Chapter 5.32 of the Beaumont Municipal Code Entitled "Bingo" Recommendation: Hold a Public Hearing and Approve the first reading of Ordinance No. 1008. Staff report was given by Sean Thuillez, Police Commander Open Public Hearing 7:08 p.m. Tom Hargreaves — In favor Closed Public Hearing 7:09 p.m. Motion by Council Member Castaldo, Seconded by Council Member Gall to approve the first reading of Ordinance No. 1008 as presented. Vote: 5/0 C. Ordinance No. 1009: Parolee /Probationer Home (Adding Chapter 17.16 to the Beaumont Municipal Code) Recommendation: Hold a Public Hearing and approve the first reading of Ordinance No. 1009. Staff report was given by Rebecca Deming, Planning Director Open Public Hearing 7:12 p.m. No Speakers Council discussion Closed Public Hearing 7:39 p.m. Motion by Council Member Council Member Fox, Seconded by Council Member Castaldo to approve the first reading of Ordinance No. 1009 as presented. Vote: 5/0 d. Street Vacation 10 -SV -01 - Street Vacation of Edgar Avenue between Second Street and Third Street — City Initiated Recommendation: Hold a Public Hearing and Approve Street Vacation No. 10 -SV -01 as presented. Staff report was given by Rebecca Deming, Planning Director Council Member Castaldo recused himself based on property proximity and left the Council Chambers. Open Public Hearing 7:41 p.m. No Speakers Closed Public Hearing 7:42 p.m. Motion by Council Member Fox, Seconded by Council Member Berg to approve as presented. Vote: 4/0 e. Resolution No. 2011 -29 — A Resolution of the City Council of the City of Beaumont Authorizing the Display of the National Motto "In God We Trust" in the City Council Chambers Recommendation: Adopt Resolution No. 2011 -29 as presented. Staff report was given by Alan Kapanicas, City Manager Motion by Council Member Berg, Seconded by Council Member Fox to adopt Resolution No. 2011 -29 as presented. Vote: 5/0 f. Request for Use of Noble Creek Property for Recreation Purposes by the Beaumont Cherry Valley Recreation and Parks District (BCVRPD) Recommendation: Accept BCVRPD's offer to negotiate a land use agreement and authorize the City Manager to bring back such an agreement to the City Council for review and possibly approve. Staff further recommends that, to the extent of CEQA applies, BCVRPD be designated as the lead agency. Staff report was given by Alan Kapanicas, City Manager Motion by Council Member Fox, Seconded by Council Member Castaldo to Accept BCVRPD's offer to negotiate a land use agreement and authorize the City Manager to bring back such an agreement to the City Council for review and consideration. Vote: 5/0 g. Resolution No. 2011 -30 — Ratifying the December 15, 2009 Cooperative Agreement with the Beaumont Cherry Valley Water District Relating to the use of Recycled Water. Recommendation: Adopt Resolution No. 2011 -30 as presented. Staff report was given by Kyle Warsinski, Community Development Analyst Speakers: Ken Ross — recommends tabling item for further discussion Judy Bingham - opposed Motion Council Member Berg, Seconded by Council Member Fox to Adopt Resolution No. 2011 -30 as presented. Roll Call Vote: 4/1 (Council Member Gall voted no) h. Award Contract for Bridge and Street Improvements along Brookside Avenue between Oak View Drive and Beaumont Avenue Recommendation: Award construction contract to Christensen Brothers General Engineering Inc. subject to the final review and approval of the contract documents by the City Attorney, Approval of the Project Progress Report and Authorize the Mayor to Execute. Staff report was given by Alan Kapanicas, City Manager Motion by Council Member Gall, Seconded by Council Member Castaido to Award the Construction Contract to Christensen Brothers General Engineering Inc. subject to the final review and approval of the contract documents by the City Attorney; Approval of the Project Progress Report and Authorize the Mayor to Execute. Vote: 5/0 Denial of Claim — BPOA Council Discussion Speakers: Judy Bingham Motion by Council Member Berg, Seconded by Council Member Fox to Approve the Denial of Claim as presented. Roll Call Vote: 4/1 (Council Member Gall Voted no) 5. WORKSHOP a. Green building Policy for Municipal Facilities (Grant) Report was given by Rebecca Deming, Director of Planning 6. ORAL AND WRITTEN COMMUNICATIONS: Kathryn Burton — Concerns with recently adopt Ordinance with regards to horse feces Judy Bingham — Rumor Control — Response to comments by Council Nathan Hultgren — Concerns with CFD's in the City of Beaumont Adjournrnent,6f the �Cft Council Meeting at 8:25 p.m. Alan Ka anicas, City Ma er AGENDA ITEM NO. WARRANTS TO BE AUDITED CITY COUNCIL MEETING DECEMBER 20, 2011 077948 - 078080 Checks $663,894.39 EFT 644 -651 ACH $380,067.49 EFT525 -531 Credit Card $10,133.54 Voids 078007, 078008 $20,939.11 Payroll PPE 11/24/2011 $454,378.92 Ameriflex 11/29/11 $237.27 12/02/11 $377.27 Affant 12/01/11 $1,585.49 12/02/11 $83.05 Board of Equalization 11/29/11 $6,800.00 Mutual of Omaha PPE 11/10/11 $32,864.31 PPE 11 /10 /11 $20,566.93 Authnet Gateway PPE 11 /10 /11 $510.33 PPE 11/24/11 $20,939.11 PPE 11/24/11 $20,754.14 PPE 11/24/11 $419.86 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 JUNE 30, 2012. L!/ G%e✓� SIGNATURE: TITLE: FINANCE DIRECTOR City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 077948 12/02/2011 ALLIANT INSURANCE ERVICES 189.37 SERVICE 077949 12/02/2011 MERCY ALVAREZ 40.00 REFUND 077950 12/02/2011 APCO INTERNATIONAL, INC. 120.00 MEMBERSHIP 077951 12/02/2011 BDL ALARMS 75.00 SERVICE 077952 12/02/2011 MARICELA BEDOLLA 1,000.00 REFUND 077953 12/02/2011 BIG TIME DESIGN 312.00 SUPPLIES 077954 12/02/2011 C & A JANITORIAL SERVICES 7,156.00 SERVICE 077955 12/02/2011 CDW GOVERNMENT, INC. 2,172.34 GOODS 077956 12/02/2011 COPWARE 300.00 SERVICE 077957 12/02/2011 COUNTY OF RIVERSIDE SHERIFI 182.51 SERVICE 077958 12/02/2011 DANGELO CO. 89.04 GOODS 077959 12/02/2011 DIRECTV 86.99 SERVICE 077960 12/02/2011 JEFF DOOLITTLE 140.00 SERVIEC 077961 12/02/2011 ECONOMICS & POLITICS, INC 2,083.33 SERVICE 077962 12/02/2011 EVENT SERVICES 202.00 RENTAL 077963 12/02/2011 GREENWOOD'S UNIFORMS 153.35 GOODS /SERVICE 077964 12/02/2011 HI -WAY SAFETY INC 1,094.80 GOODS 077965 12/02/2011 HOME DEPOT /CREDIT SERVICE: 1,039.32 GOODS 077966 12/02/2011 HUNTINGTON COURT REPORTEI 1,423.56 SERVICE 077967 12/02/2011 ISMAEL PEREZ 6,500.00 SERVICES 077968 12/02/2011 JOE A.GONSALVES & SON 3,045.00 SERVICE 077969 12/02/2011 JOHNSON POWER SYSTEMS 517.50 SERVICE 077970 12/02/2011 KAD PAVING COMPANY 59,604.45 SERVICE 077971 12/02/2011 KEITH HIGHTOWER 163.92 TRAVEL 077972 12/02/2011 MATICH CORPORATION 302.96 SERVICE /GOODS 077973 12/02/2011 MATTHEW PISTILLI 5,370.00 SERVICE 077974 12/02/2011 MCGRAW -HILL COMPANIES 1,413.00 SERVICE 077975 12/02/2011 NAPA AUTO PARTS 741.75 GOODS 077976 12/02/2011 MARK OROZCO 165.00 REFUND 077977 12/02/2011 ANA PACHECO 500.00 REFUND 077978 12/02/2011 PAYCHEX HUMAN RESOURCES 190.95 SERVICES 077979 12/02/2011 PEAK EXPECTATIONS 136.43 GOODS 077980 12/02/2011 PHOENIX GROUP 14.50 SERVICES 077981 12/02/2011 PRO -PIPE & SUPPLY 273.74 GOODS 077982 12/02/2011 PURCHASE POWER 350.00 SERVICES 077983 12/02/2011 QUICK SERIES 2,225.74 GOODS Printed 12/13/2011 2:58:05PM Page 1 of 4 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 077984 12/02/2011 QUILL CORPORATON 759.78 GOODS 077985 12/02/2011 RAMONA HUMANE SOCIRTY INC 7,173.60 SERVICES 077986 12/02/2011 RESOURCE BUILDING MATERIAL 213.34 GOODS 077987 12/02/2011 RIVERSIDE COUNTY SHERIFF'S 274.00 TRAINING 077988 12/02/2011 RIVERSIDE COUNTY SHERIFF'S 827.52 SERVICE 077989 12/02/2011 RIVERSIDE COUNTY SHERIFF DI 2,680.08 SERVICE 077990 12/02/2011 ROMBERG TREE SERVICE 1,100.00 SERVICES 077991 12/02/2011 S.A MOBIL CARWASH AND DETA 450.00 SERVICES 077992 12/02/2011 SOUTHERN CALIF.EDISON 4,395.41 SERVICES 077993 12/02/2011 TEREX UTILITIES, INC 994.27 SUPPLIES 077994 12/02/2011 THE GAS COMPANY 415.41 NATURAL GAS 077995 12/02/2011 UPS 1.03 SERVICES 077996 12/02/2011 U.S POSTMASTER 190.00 POSTAL SERVICE 077997 12/02/2011 UTILITY PARTNERS 89,629.00 SERVICES 077998 12/02/2011 VERIZON CALIFORNIA 1,099.95 PHONE 077999 12/02/2011 VERISIGHT, INC 75.00 SERVICES 078000 12/02/2011 WEAVER GRADING, INC 124,949.06 SERVICES 078001 12/02/2011 DEKRA -LITE IND.,INC. 1,707.00 SERVICE /GOODS 078002 12/02/2011 DIAMOND HILLS AUTO GROUP 58.20 MAINTENANCE 078003 12/02/2011 THE M & M GROUP 10,000.00 STARSHIP 078004 12/02/2011 TASO TECH, INC 3,360.00 SERVICES 078005 12/02/2011 WEST COAST LIGHTS & SIRENS 1,210.52 GOODS 078006 12/02/2011 KUSTOM SIGNALS,INC. 372.00 GOODS 078009 12/08/2011 THE CHANDLER POLICE EXPLOF 1,100.00 REGISTRATION 078010 12/09/2011 TASO TECH, INC 3,360.00 SERVICES 078011 12/09/2011 AAA HAULAWAY 350.00 SERVICE 078012 12/09/2011 ADVANCED WORKPLACE STRAT 67.00 SERVICE 078013 12/09/2011 AIREZE OF THE DESERT 760.00 SERVICE .078014 12/09/2011 BEAUMONT LAWNMOWER 85.60 GOODS 078015 12/09/2011 BEAUMONT MOTORCYCLES, LL( 210.46 GOODS 078016 12/09/2011 BIO- SYSTEMS 1,179.26 GOODS 078017 12/09/2011 C & A JANITORIAL SERVICES 1,531.20 SERVICE 078018 12/09/2011 CDW GOVERNMENT, INC. 4,175.19 GOODS 078019 12/09/2011 CHERRY VALLEY NURSERY 77.49 GOOSD 078020 12/09/2011 CITY OF BANNING 115.66 SERVICE 078021 12/09/2011 CLARK'S TOWING 525.00 SERVICE 078022 12/09/2011 CONSOLIDATED ELECTRICAL DI 1,092.36 GOODS Printed 12/13/2011 2:58:05PM Page 2 of 4 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 078023 12/09/2011 CREATIVE BUS SALES, INC 450.63 SERVICE 078024 12/09/2011 CSG SYSTEMS 2,501.06 SERVICE 078025 12/09/2011 DANGELO CO. 71.29 GOODS 078026 12/09/2011 DEPARTMENT OF HOUSING & C( 1,415.00 SERVICE 078027 12/09/2011 DINERS CLUB 7,477.27 CREDIT C ARDS 078028 12/09/2011 DIRECTV 99.99 SERVICE 078029 12/09/2011 LIAM DOYLE 2,256.00 REIMBURSEMENT 078030 12/09/2011 ELAN FINANCIAL SERVICES 521.40 SERVICE 078031 12/09/2011 EMPLOYMENT DEVELOPMENT C 9,529.66 SERVICE 078032 12/09/2011 HdL, COREN & CONE 1,575.00 SERVICE 078033 12/09/2011 HI -WAY SAFETY INC 312.00 GOOSD 078034 12/09/2011 HOME DEPOT /CREDIT SERVICE; 408.18 GOODS 078035 12/09/2011 INTEGRATED SYSTEMS 43.50 SERVICE 078036 12/09/2011 JOHNSON POWER SYSTEMS 230.00 GOODS 078037 12/09/2011 KAISER FOUNDATION 31,248.19 SERVICE 078038 12/09/2011 KEEP IT GREEN 150.00 SERVICE 078039 12/09/2011 LARRY W. WARD ASSESSOR 52.00 SERVICE 078040 12/09/2011 LEXISNEXIS EXPRESS SCREENII 24.95 SERVICES 078041 12/09/2011 AGRIPINA MORRIS 216.93 SERVICE 078042 12/09/2011 NAPA AUTO PARTS 1,313.32 GOODS 078043 12/09/2011 NATIONAL CONSTRUCTION REN 220.00 RENTAL 078044 12/09/2011 NEXTEL COMMUNICATIONS 150.89 SERVICE 078045 12/09/2011 NISSHO OF CALIFORNIA INC 4,536.00 SERVICE 078046 12/09/2011 PACIFIC ALARM SERVICE 163.50 SERVICE 078047 12/09/2011 PARKHOUSE TIRE, INC. 569.73 GOODS 078048 12/09/2011 PAYCHEX HUMAN RESOURCES : 560.00 SERVICE 078049 12/09/2011 POMA AUTOMOTIVE FUELING IN 8,881.27 FUEL 078050 12/09/2011 PRIME- STRIPE,INC. 888.25 GOODS 078051 12/09/2011 PRINTING & PROMOTION PLUS, 621.33 GOODS 078052 12/09/2011 PROFORMA 608.60 GOODS 078053 12/09/2011 QUILL CORPORATON 960.02 GOODS 078054 12/09/2011 RIVERSIDE COUNTY SHERIFF'S 142.00 REGISTRATION 078055 12/09/2011 RODRIGO PENA PHOTOGRAPHY 1,531.25 SERVICE 078056 12/09/2011 DAVID SEIULI 40.00 SERVICE 078057 12/09/2011 SPRINT 0.22 SERVICE 078058 12/09/2011 STAR AUTO PARTS 33.57 GOODS 078059 12/09/2011 STATER BROS GENERAL OFFICE 85.53 GOODS Printed 12/13/2011 2:58:05PM Page 3 of 4 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 078060 12/09/2011 SWAINS ELECTRIC 1,616.74 SERVICE 078061 12/09/2011 TELEPACIFIC COMMUNICATION; 2,624.52 SERVICES 078062 12/09/2011 TERMINIX COMMERCIAL P 45.00 SERVICES 078063 12/09/2011 THE GAS COMPANY 257.04 SERVICE 078064 12/09/2011 THE RECORD GAZETTE 1,645.45 SERVICE 078065 12/09/2011 THOMSON- REUTERS /BARCLAYS 55.00 GOODS 078066 12/09/2011 TULE RANCH /MAGAN FARMS 17,699.03 SERVICES 078067 12/09/2011 TURF STAR, INC. 305.27 GOODS 078068 12/09/2011 TYLER WORKS 618.05 SERVICES 078069 12/09/2011 ULLICO CASUALTY 4,788.00 SERVICES 078070 12/09/2011 UNDERGROUND SERVICE ALER' 250.50 SERVICE 078071 12/09/2011 UNIFIRST CORPORATION 772.93 SERVICE 078072 12/09/2011 U.S POSTMASTER 330.00 SERVICES 078073 12/09/2011 UTILITY PARTNERS 11,597.45 SERVICES 078074 12/09/2011 VERIZON CALIFORNIA 1,806.87 PHONE 078075 12/09/2011 VOYAGER 29,436.69 FUEL 078076 12/09/2011 WASH MASTER 99.00 SERVICES 078077 12/09/2011 WILDERMUTH ENVIRONMENTAL 18,191.23 SERVICES 078078 12/09/2011 DEKRA -LITE IND.,INC. 401.70 GOODS 078079 12/09/2011 E.S.BAB000K & SONS, INC. 24,697.85 SERVICE 078080 12/09/2011 CGLIC - CHATTANOOGA EASC 100,828.60 SERVICE 663,894.39 Printed 12/13/2011 2:58:04PM Page 4 of 4 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: EFT000644 12/02/2011 AKLUFI AND WYSOCKI 20,408.75 SERVICE EFT000645 12/02/2011 BEAUMONT ELECTRIC INC. 7,830.74 CONTRACT SERVICES EFT000646 12/02/2011 RICHARD COOK 3,579.00 SERVICES EFT000647 12/02/2011 MITCHELL WHITE 3,579.00 SERVICES EFT000648 12/02/2011 STEVE MOORE COMMUNICATIOI 1,925.00 SERVICE EFT000649 12/02/2011 WALDEN MEDIA PRODUCTIONS 20,000.00 SERVICES EFT000650 12/08/2011 URBAN LOGIC CONSULTANTS 322,163.75 CONTRACT SERVICE EFT000651 12/08/2011 CARYN TELLO 581.25 CONTRACT SERVICES 380,067.49 Printed 12/13/2011 4:28:22PM Page 1 of 1 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: EFT000000O00525 12/02/2011 ALL PURPOSE RENTALS 13.79 SERVICES EFT000000O00526 12/02/2011 BEAUMONT TIRE 307.88 GOODS EFT000000O00527 12/02/2011 BEAUMONT ACE HOME CENTER 159.47 GOODS EFT000000O00528 12/02/2011 CHERRY VALLEY AUTOMATIVE 977.20 GOODS EFT000000O00529 12/02/2011 CINTAS CORPORATION #150 1,452.05 SERVICES EFT000000O00530 12/02/2011 HIGH TECH IRRIGATION,INC. 6,993.65 GOODS EFT000000O00531 12/02/2011 LEXISNEXIS 229.50 SERVICES 10,133.54 Printed 12/13/2011 2:58:56PM Page 1 of 1 Agenda Item No. -3, j STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: COMMUNITY AND ECONOMIC DEVELOPMENT DEPT. AGENDA DATA: DECEMBER 20, 2011 SUBJECT: BUSINESS LICENSE — AUTOMOBILE FOR HIRE PERMIT ( #11 -0028) PACIFIC AMBULANCE (NON- EMERGENCY MEDICAL TRANSPORT) BACKGROUND /ANALYSIS : Staff is in receipt of a request for "Out -of- Town" business license application by Pacific Ambulance to provide non - emergency transport services in the City. The Municipal Code requires City Council approval of this business license. Their services would involve the non - emergency transport of patients, who need to be relocated from one facility to another. The business would be operated from dispatching offices in either Vista or Lake Forest, CA. All of the vehicles related to transport of passengers for the Beaumont area would be stored and dispatched from these locations. They will be providing service 24 hours a day, seven days a week. This operation would not conflict with the emergency services provided via a County contract by AMR. Attached are photographs of the vehicles involved for operations, as well as, other information related to the application. RECOMMENDATION: Staff recommends that the City Council approve the business license request under the attached Conditions of Approval for Automobile for Hire Permit ( #11 -028) Pacific Ambulance - Non - Emergency Medical Transport. Respectfully Submitted, Chris Tracy Associate Planner, AICP 3 AUTOMOBILE FOR HIRE "PACIFIC AMBULANCE" — NON EMERGENCY MEDICAL TRANSPORT PERMIT #11 -0028 CONDITIONS OF APPROVAL Pacific Ambulance — Non Emergency Medical Transport was approved by the Beaumont City Council at its meeting on December 20, 2011. This approval is subject to the following conditions and stipulations: 1. Prior to the issuance of business license, you shall contact the Beaumont Police Department for a vehicle inspection at (951) 769 -8500. 2. All requirements set forth by the Police shall be satisfied prior to business operations. 3. Vehicle insurance requirements shall be maintained at all times of operation as set forth under Muncipal Code Section 5.2 8.090 and .100 4. Any additional requirements shall be satisfied, as described under Section 5.28 "Automobiles for Hire ", at all times. City of Beaumont Planning Department 550 E. 6t" Street Beaumont, CA 92223 (951) 769 -8518 www.ci.beaumont.ca.us Case No. Il- 002% Receipt No. Fee $ Date Paid AUTOMOBILE FOR HIRE APPLICATION Application Type: ❑ Taxicab ®Ambulance []Other: I Applicant's Name Paul Scarborough Phone 562 -6486 2630 2, Applicant's Address 23942 McWhorter Way Lake Forest, CA 9City /State /Zip 3. Business Name Pacific Ambulance, Inc. Phone 949 -470 -2362 (if corporation or partnership application must include names of principal officers or partners) 4. Business Address 23942 McWhorter Way Lake Forest, CA 92630 City /St/Zip 5. Describe Your Business Activities (including location of the places where the applicant proposed to stand each automobile): 13. Area for additional comments, clarifications, etc. — 14. CERTIFICATION OF ACCURACY information n COMPLETENESS: pE ati!7tta hereby c hed answters to the best of my knowledge the and exhibits are true, comple rrect. Paul Scarborough Date Print Name and Sign – pplicant Pacific Ambulance Non - Contracted Pricing for 2011 Usual & Customary Service Level Flat Rate Price Base Rate Within County & Mileage Basic Ambulance N/A $995/17.50 Service (BLS) Critical Care RN N/A $2045/17.50 Critical Care RT ** N/A $2045/17.50 .a►co CERTIFICATE OF LIABILITY INSURANCE DATE (MWDD/TYYY) 10,12011 PRODUCER ISU Insurance Services North Murray & Associates 1971 E. 4th Street, #290 Santa Ana, CA 92705 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING THE oF15771 714- 558 -2355 714 -558 -2360 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Com anion PropeLty & Casualty Ins. CO. ANY INSURED Pacific Ambulance, Inc. & Bowers Companies, Inc,. 3355 E. Spring Street #301 INSURER B: OF ANY DESCRIBED HEREIN IS SUBJECT INSIIRER C' MAY Long Beach CA 90806 ■ COVERAGES ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT, TERM OR CONDITION OF ANY DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICIES INSURANCE POLICY NUMBER POLICY EFro CTNE POLICY EXPIRATION LIMITS EACH OCCURRENCE S INSR T F OF GENERAL LIALIJMVT DAMAGE D S COMMEILITY PREMISES Ea occurrence CLACCUR I MED E)CP (Any one person) S PERSONAL & ADV INJURY S GENERAL AGGREGATE $ PRODUCTS • CUMPIOP AGG $ GEN'L AGGRE PER: POLICY LOC AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT $ f (Ea accident) ANY AUTO ALL OWNED AUTOS BODII Y INJURY $ (Per person) SCHEDULED AUTOS HIRFO AUTOS ' BODILY INJURY S (Per accident) NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) AUTO ONLY -EA ACCIDENT $ GARAGE LIABILITY , EAACC $ ' t OTHER THAN $ i ANYAUTO AUTO ONLY: AGG EACH OCCURRENCE $ EXCESS 7 UMBRELLA LIABILITY OCCUR I CLAIMS MADE AGGREGATE S $ DEDUCTIBLE S RETENTION $ WORKERS COMPENSATION ✓' 1 ORY LIM OER A AND EMPLOYERS' LIABILITY YIN CPCA12046 11/24/2010 11/24/2011 E L EACH ACCIDENT is 1.000,000 ANY PROPRIETOR/PARTNER/EXECU I IVE E L DISEASE - EA EMPLOYE $ 11.000 00 OFFICER/MEMBER EXCLUDED'] (Mandatory in NH) E.L. DISEASE - POLICY LIMIT $ 11000,000 if yes, describe :older SPECIAL PROVISIONS below OTHER I I DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HULUtK SHOULD ANY oFTHE ABOVE DESCRBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 F DAYS WRITTEN Verification of Insurance NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT 13UT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. ` 10 DAYS for Non-payment of Prarniran_ AUTHORIZED REPRESENTATIVE ` ) Monique Navarro ACORD 25 (2009/01) (TRI NO : 11337335 Mo,i.Jue Navarro 10/7i2011 7:43:17 AN Page 1 of 2 Agenda Item No. 3 el STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: COMMUNITY AND ECONOMIC DEVELOPMENT DEPT. AGENDA DATA: DECEMBER 20, 2011 SUBJECT: GREEN BUILDING POLICY FOR MUNICIPAL FACILITIES The main purpose of the Green Building Policy for Municipal Facilities to enhance the public welfare and assurance that further civic development is consistent with the City's desire to create a more sustainable community by incorporating green building measures. The resolution develops policies and practices for energy efficiency with in both new municipal facilities and renovations of existing facilities. This Policy will also encourages all projects, in the public sector and private sector, to use their best efforts to incorporate as many green building measures as feasible. This policy will allow the City to lead by example in creating a more sustainable community. This Policy was brought the December 6th, 2011 Workshop and no requests for changes were made. RECOMMENDATION: Staff recommends that the City Council APPROVE Resolution 2011 -33. Respectfully Submitted, ebecca Deming Director of Planning RESOLUTION NO. 2011-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADOPTING POLICIES AND ACTIONS REQUIRING THE USE OF THE UNITED STATES GREEN BUILDING COUNCIL'S LEEDTM (LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN) GREEN BUILDING RATING SYSTEM STANDARDS FOR CITY OWNED AND OPERATED PROJECTS WHEREAS, The purpose of this resolution is to enhance the public welfare and assurance the further civic development is consistent with the City's desire to create a more sustainable community by incorporating green building measures into the design, construction, and maintenance of its buildings; and WHEREAS, the green building practices referenced herein are designed to encourage resource conservation, to reduce the waste generated by construction projects, to increase energy efficiency, and to promote the health and productivity of residents, workers, and visitors to the City; and WHEREAS, the City finds that the design, construction, and maintenance of buildings within the City can have a significant impact on the City's environmental sustainability, resource usage and efficiency, waste management, and the health and productivity of residents, workers, and visitors to the City; and WHEREAS, the City finds that green building design, construction, and operation can have a significant positive effect on energy and resource efficiency, waste and pollution generation, and the health and productivity of a building's occupants over the life of the building; and WHEREAS, the City finds that green building benefits are spread throughout the systems and features of the building. Green buildings use recycled- content building materials, consume less energy and water, have better indoor air quality, and use much less natural resources than conventional buildings. Construction waste is often recycled and remanufactured into other building products; and WHEREAS, the City finds that green design and construction decisions made by the City in the construction and remodeling of City building can result in significant cost saving to the City over the life of the buildings; and WHEREAS, the City finds that in recent years, green building design, construction and operational techniques have become increasingly widespread. Many homeowners, businesses, and building professionals have voluntarily sought to incorporate green building techniques into their projects. A number of local and national systems have been developed to serve as guides to green building practices At the national level, the U.S. Green Building Council, developer of the Resolution 2011 -33 Page 2 Leadership in Energy and Environmental Design (LEEDTM) Green Building Rating System and LEEDTM Reference Guide, has become a leader in promoting and developing green building; and WHEREAS, the City finds that green design and construction decisions made by the City in the construction and remodeling of City buildings can result in significant cost savings to the City over the life of the Building; and WHEREAS, the City finds that requiring certain City- sponsored projects to incorporate LEEDTM green building measures is necessary and appropriate to achieve the benefits of green building; and WHEREAS, for the purposes of this Article, the following definitions shall apply: a. "Building" means any Structure used for support or shelter of any use or occupancy. "Building" includes Structures of occupied space, as defined by the California Building Code. b. "City- Sponsored Project: means any Construction Project primarily funded or sponsored by the City or on City -owned land. c. "Construction" means the building of any Building or Structure or any portion thereof, including the Renovation of an existing Building or Structure. d. "Covered Project" means any City- Sponsored Construction Project construction or renovation 5,000 square feet of more of occupied space, as defined by the California Building Code, and has a construction estimate that exceeds $300,000 dollars, that enters design and construction after the effective date of this Resolution. e. "Green Building Compliance Official" means the Green Building Coordinator/ Director in the Community Development Department or his or her designee. f. "LEEDTM Rating System" means the most recent version of the Leadership in Energy and Environmental Design (LEEDTM) Green Building Rating System approved by the United States Green Building Council. g. "Renovation" means any change, addition, or modification to an existing Building or Structure. h. "Structure" means that which is built or constructed, an edifice or building of any kind or any piece of work artificially built or composed of part joined together in some definite manner and permanently attached to the ground. NOW THEREFORE, BE IT RESOLVED THAT THE Council of the City of Beaumont adopts a policy that all Covered Projects that enter design and construction after the effective date of this Resolution shall meet minimum LEEDTM "Certified" rating. BE IT FURTHER RESOLVED, that City- Sponsored Projects or Structures deemed historic under any federal, state or local law are exempt from, but encouraged to comply with, the requirements of this Article whenever feasible. BE IT FURTHER RESOLVED, that if, due to specific economic circumstances, compliance would defeat the intent of this resolution or create an unreasonable burden on the Construction Project or City Department, a request for an exemption shall be submitted in writing to the City Manager or his/her designee, but that in applying for an exemption, the 2 Resolution 2011 -33 Page 3 burden is on the applicant to show hardship or infeasibility, and all economic hardship documentation must be performed on a life -cycle cost basis, and in the event a Waiver from the resolution is granted, the project will continue to pursue the maximum feasible number of LEEDTM credits reasonably achievable for the covered project. BE IT FURTHER RESOLVED, that the City Manager or his/her designee shall make the final determination as to whether: (1) a project is covered by this resolution, and (2) a Covered Project has achieved the required LEEDTM Rating. BE IT FURTHER RESOLVED, that LEEDTM registration and certification through the United States Green Building Council are encouraged but not required under this Article. BE IT FURTHER RESOLVED, that if the City Manager of his/her designee determines that a Covered Project has not met the requirements for the applicable LEEDTM rating, he or she may require additional reasonable green building measures be taken , as may be possible for the established budget for the project. BE IT FURTHER RESOLVED, that all non - covered projects, in the public and private sector, are encouraged to use their best efforts to incorporate as many green building measures as feasible from the LEEDTM Rating System and the pursue LEEDTM registration and certification. This includes, but is not limited to, projects undertaken by the Beaumont School District. MOVED, PASSED AND ADOPTED by the City Council of the City of Beaumont at a regularly- scheduled meeting of the City Council held on December 20, 2011, by the following vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF BEAUMONT ATTEST: Deputy City Clerk Brian De Forge, Mayor 3 STAFF REPORT Agenda Item TO: Mayor and Council Members FROM: Department of Public Works DATE: December 20, 2011 SUBJECT: Agreement with CT Beaumont Partners, LLC for Traffic Signal Construction Background and Analysis: The conditions of approval for the Dowling Orchard Business Park and the Winco Foods projects on Fourth Street require construction of three off -site traffic signals prior to the establishment of land uses on the property. Those signals are located at i) Sixth Street and California Avenue, ii) Fourth Street and California Avenue and iii) Fourth Street and Viele Avenue. The current owner of Dowling Orchard Business Park, CT Beaumont Partners, LLC (CT) has requested approval of a printing operation in one building on Parcel No. 1 of Parcel Map No. 35023. Because the proposed land use would occupy only 123,264 square feet of over 3 Million square feet approved as part of Dowling Orchard Business Park and Winco Foods projects, it is appropriate to phase the installation of the three traffic signals and only require the construction of the traffic signal located at Sixth Street and California Avenue at this time. The other two traffic signals are currently being designed and will be constructed at such time as more land uses are established on the subject properties. The proposed agreement would require CT to post a cash bond in the amount of $258,748.80 to allow the printing operation to be established while the traffic signal at Sixth Street and California Avenue is under construction. The bond would be held for a period of six months after which time it could be called for any reason it becomes necessary for the City to finish the construction of the traffic signal. Twenty -five percent of the bond amount will be held for a minimum of one year following completion of the traffic signal to provide security for any warranty issues which may arise prior to the City taking over maintenance responsibility for the traffic signal. Recommendation: Staff recommends APPROVAL of the Agreement and the Project Progress Report and authorization of the Mayor to execute the Agreement and the Project Progress Report. Respectfully submitted; CITY OF BEAUMONT Rebecca Deming Planning Director 04V CITY OF BEAUMONT PROJECT PROGRESS REPORT Source of Transportation Funds Project Name: Traffic Signal at Sixth and California Funds: Contract December 2011 Contractors: CT Beaumont Partners, LLC Date: Const. Budget: $258,748.80 A &E Budget: N/A Project Start Date: August 2011 Report Period: December 2011 Work Completed During Report Period: $ Plan Checked Traffic Signal Plans Problems or Delays During Report Period: $No delays Change Orders: $ No Change Orders Recommendation(s) for City Council Action: Approve Security Agreement and authorize staff, qualified and approved contractors to complete the plan check and inspection of the traffic signal. Approved and authorized by: Mayor Signature Date of City Council Approval SECURITY AGREEMENT - CASH BOND Parcel No. 1 of Parcel Map No. 35023 Assessor Parcel Number 417 - 020 -074 THIS AGREEMENT (this "Agreement ") is made and effective this 20th day of December, 2011, by and between the CITY OF BEAUMONT (the "City ") and CT BEAUMONT PARTNERS LLC, a Delaware limited liability company (the "Owner "). WITNESSETH WHEREAS, the Conditions of Approval for the above referenced Parcel Map require, among other things, construction of a traffic signal at the intersection of Sixth Street and California Avenue (the "Traffic Signal ") prior to occupancy of the building located on Parcel No. 1; WHEREAS, the City desires to facilitate occupancy of the building located on Parcel No. 1 by allowing the Owner to furnish a cash bond to the City as security for the timely completion of the Traffic Signal; and WHEREAS, Owner has deposited with the City an amount in cash as hereinafter mentioned, the receipt of which is hereby acknowledged; and the City has agreed to hold said deposit to indemnify the City for all costs and expenses incurred by the City by reason of Owner failing to complete the Traffic Signal as set forth herein. NOW, THEREFORE, for good and valuable consideration hereby acknowledged by both parties, it is agreed that: 1) The Owner does hereby transfer and deliver to the City a cash deposit of Two Hundred Fifty Eight Thousand Seven Hundred Forty Eight and 80/100 Dollars ($258,748.80) (the "Cash Bond "), which is to be held by the City as security for the performance and payment by the Owner for the construction of the Traffic Signal. 2) In the event the Owner completes construction within six (6) months after the plans and specifications for the Traffic Signal are approved and signed by the City and requests final inspection of the Traffic Signal and the City issues a final inspection approval of the Traffic Signal then seventy -five percent (75 %) of the Cash Bond shall be returned to Owner within thirty (30) days of date of the issuance of the City's final inspection approval. The remaining twenty -five percent (25 %) of the cash bond shall be returned to the Owner within thirty (30) days of the acceptance of the Traffic Signal for maintenance by the City, but in no case shall the remaining twenty -five percent (25 %) be returned to the Owner prior to one (1) year from the date of the City's final inspection approval of the Traffic Signal by the City. 3) The Owner hereby agrees that in the event that the Traffic Signal is not completed within six (6) months after the plans and specifications for the Traffic Signal are approved and signed by the City, the Cash Bond shall, without notice to or authority from the Owner, be used by the City to complete construction of the Traffic Signal. The Owner further agrees that if proper maintenance is not performed by the Owner for a period of one year (the "Owner Maintenance Period ") after the City gives its final inspection approval that the Cash Bond shall, without notice to or authority from the Owner, be used by the City to perform such maintenance. The Owner further agrees that should the Owner fail to pay any of its contractors, subcontractors, suppliers or laborers for the work or supplies they provided for the Traffic Signal construction, operation and maintenance that the Cash Bond shall, without notice or authority from the Owner, be used to pay such contractors, subcontractors, suppliers or laborers. In the event that the Cash Bond is not sufficient to complete such construction or maintenance, or is insufficient to pay unpaid contractors, subcontractors, suppliers or laborers, the Owner shall provide such additional funds to the City to enable it to complete such construction and /or maintenance, or to pay unpaid contractors, subcontractors, suppliers or laborers. 4) For a period of one (1) year from the date of the City's final inspection approval of the Traffic Signal by the City, Owner shall indemnify and hold harmless the City from any claims, lawsuits, damages, fines or penalties, including attorneys fees incurred by the City in connection with such claims, lawsuits, damages, fines or penalties arising from or related to Owner's faulty construction of, and /or Owner's failure to properly maintain during the Owner Maintenance Period, the Traffic Signal. IN WITNESS WHEREOF, this instrument has been duly executed by the Owner and City as of the date first written above. CT BEAUMONT PARTNERS, LLC CITY OF BEAUMONT a Delaware limited liability company By: 191 II CT Industrial Holdings LLC, a By: Delaware limited liability company, its sole Member By: CT California Fund VII, LLC, a California limited liability company, its Manager By: CT Fund Manager VII, LLC, a California limited Liability comp a , its Manager Name: Title: Mayor Exhibit "A" TRAFFIC SIGNAL COST ESTIMATE Dow. August 22, 2011 Locatbow. City of 8eau mont Job Number: 1497-09-04 California Avenue and 61h Street By- RK Engineering Group. Inc. Prepared w: CT Realty Investocs 1 hm DesrApbon c". Unit unit C" Cost "Mcos 2 7 Controller w/Cabliinat (Type 170E) install ControgeriCsbinel I I Ea. Ea. $11,900.00 $1,320.00 $11.900 $1,3210 9 tab Testing (COMMIlaq I LS $1.9830'00 $1,00 Detector Rack And PDT ar I Ea, 51,6=00 $11904} Eliad Service Mater (Type IN) I Ea, $2,640.00 $2,640 Type 1A Pole (Wh) 4 Ea. $470,00 51,960 Type 17 Pole (30'h) - 20' Mast Arm 1 i= a. $2,970,00 $2,070 24 Type 24 Pole (30h) - W Mast Ann 3 Ea, $31980'00 $11,880 31 Type 29 Pole Wh) - W Mast Arm 1 Ea. $8,480.00 $5.280 37 Fouriculion (Coninollao Foundation (Service Meto 1 I Ea. Ea. $1.125,00 NW .()O $1,12 $660 38 39 42 --]—FoundWn, Foundation, 241 x Yd {No Raber) cType 1A> W x Td (Re- O eType 17.18-27(,-3)> 4 1 Ea. E& $430-00 $1,320.00 $1,720 $1,320 43 Foundadw, Wx Vd (Re4)ar) 4Type 16-27(o4).28,29> F un d atilori 4 Ea, $1.785.00 S7zt40 Head ,t2 "S' Signal[ Head,12-0 3-soo8an LED n Signet 9 LED Module. Si" (ArMw'. R,Y or 0) L E a. S ED M O.S LED Module. Signal! (Ball: FIN Or 0) 23 24 45 Ea, Ea. Ea, $880.00 $200.00 $205,00 $19,780 S4,8013 $11,925 50 61 [52 54 UP&d Signal Head, LED Pod Push Button (P.P,B.). AIDA Comol" 10 10 Ea. Ea. $825,00 $116&GO $1.680 56 Ilkayinated Street Name So (I. I.S.N,S) A Ea, $1,0W.00 $4,240 58 59 Luminaires Pun Box #6 Pug Box #6 6 9 7 Ea. Ea., EL 5530.00 $235.00 $330,00 $2.650 $2,115 $2,3101 60 PuO 9ox *BE I Em 3800.00 $000 87 21A* Candw (Trendvd) M LF $16,50 $12.045 69 76 77 3" Coodiult (Trenched) DeterAor Loop, 8'0 #2 Loop Doted; Land is CaWe (01-C) 412 30 t2397 125 LF Ea. LF LS 323.54 $370.00 $1.32 $B.9w'00 191882 $11,100 $3.164 $11.125 9 Migic GoncreWAephaullit ConatrvOion 563�2 SF SF $6.60 $37,171 T017AL $196,022 TRAFFIC SIGNAL COST ESTIMATE INIO, 20M E "XW " xp. 0913W it A cx ensinimmus gratm. Inc. 3991 MmArthw Rmlavard, Suite 310 - Newpefft Beach, CA 926&0 Phnrke• (9491474- MVP Frtx (949) 474-M2 Reviewed ay: Due: Robed Kahn R.C.E. No. 20285 Exp. 0W30 W t3 STAFF REPORT Agenda Item 3 TO: Mayor and Council Members FROM: Community and Economic Development Department DATE: December 20, 2011 SUBJECT: Agreement with Beaumont - Cherry Valley Recreation and Parks District for Joint Development of a Multipurpose Trail along Noble Creek Background and Analysis: The proposed agreement between the City and Beaumont - Cherry Valley Recreation and Parks District (District) would facilitate the joint planning and development of a multipurpose trail which would extend from Noble Creek Park to Brookside Avenue along Noble Creek. The conditions of approval for the Noble Creek Vistas Specific Plan require construction of the trail. The agreement would allow the City and the District to jointly plan and develop the trail and adjacent open space located on 19 acres owned by the City as an extension of Noble Creek Park. The City would be responsible for routine maintenance of the trail once developed, and the District would be responsible for graffiti removal and other extraordinary maintenance. Recommendation: Staff recommends APPROVAL of the Agreement and the Project Progress Report and authorization of the Mayor to execute the Agreement and the Project Progress Report. Respectfully submitted; CITY OF BEAUMONT Rebecca Deming Planning Director CITY OF BEAUMONT PROJECT PROGRESS REPORT Source of Development Impact Fees Project Name: Noble Creek Trail Funds: Contract N/A Contractors: N/A Date: Const. Budget: TBD A &E Budget: TBD Project Start Date: November 2011 Report Period: December 2011 Work Completed During Report Period: Prepared draft agreement with BCVRPD. Problems or Delays During Report Period: No delays Change Orders: No Change Orders Recommendation(s) for City Council Action: Approve Agreement and authorize staff, qualified and approved contractors to work with BCVRPD to implement the agreement. . Approved and authorized by: Mayor Signature Date of City Council Approval GRAPHIC SCALE 700 0 350 700 1400 BROOKSIDE AVENUE 0. 12/14/11 AGREEMENT BETWEEN THE CITY OF BEAUMONT AND THE BEAUMONT - CHERRY VALLEY RECREATION AND PARK DISTRICT FOR RECREATIONAL USE OF CITY PROPERTY THIS AGREEMENT is made and entered into this day of , 2012, by and between the CITY OF BEAUMONT ( "City ") and the BEAUMONT - CHERRY VALLEY RECREATION AND PARK DISTRICT ( "District "). RECITALS A. The District owns and operates Noble Creek Park within the City, as depicted on the map attached hereto as Exhibit "A." B. The City owns a 19 acre parcel adjacent to the District's Park, as depicted on Exhibit "A" (the "City's Property "). C. The District is in the process of preparing a Master Plan of Trails and has informed the City that the City's Property would be a useful addition to the recreational trail and open space system. D. The purpose of this Agreement is to set forth the terms and conditions by which the District shall use the City's Property as a component of the District's recreational trail and open space system as set forth in that certain Settlement Agreement Superior Court for the State of California, County of Riverside (Case No. RIC 427282). NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual promises contained herein, and for other good and valuable consideration, the City and District agree as follows: 1. Grant of License. The City hereby grants to the District a non - exclusive license to jointly develop and use the City's Property as an element of the District's recreational trail system. The District agrees to use the City's Property in conformance with state law as well as District and City administrative regulations. 2. Trail Improvements. The District and the City shall jointly develop and each approve any and all such plans and designs before construction or installation of trail improvements in accordance with the Conditions of Approval for the Noble Creek Vistas Specific Plan or as otherwise agreed to by the District and the City. Such improvements may also include, and are not limited to, recreation features and facilities that are appropriate to the use of a recreational trail system, such as rest areas, vista points, branch nature trails and water features. The City and District may, but are not obligated to, financially participate in the implementation of any one or more of such recreational features and facilities. 3. Maintenance Responsibilities. 3.1 City Responsibilities. The City shall be responsible for routine maintenance of the recreational features and improvements approved and accepted by it. The City shall not be responsible for extraordinary maintenance or repair costs and expenses. 3.2 District Responsibilities. The District shall be responsible for extraordinary maintenance and repair costs and expenses, including maintenance and repairs necessitated by vandalism, graffiti, flooding, earthquakes, fires and other acts of nature. 4. Term of This Agreement. 4.1 Original Term. The original term of this Agreement shall be for a period 10 years and shall commence on the date first above - written. 4.2 Subsequent Terms. The City and the District may extend this Agreement by mutual agreement for 4 additional terms of 10 years each. 5. Mutual Indemnification. 5.1 City Indemnification. The City agrees to hold harmless, defend and indemnify the District against all actions, claims or demands for injury, death, loss or damage, regardless of fault or cause, by anyone (except where such injury, death, loss or damage was solely due to the willful acts or omissions of the District, its agents, servants or employees), whenever such injury, death, loss or damage is a consequence of, or arises out of the use of the City's Property by the District or its agents, invitees, employees or contractors, or implementation of this Agreement including, without limitation, the negligent acts or omissions of the City involving the condition of the City's Property for which the City was obligated to maintain. 5.2 District Indemnification. The District agrees to hold harmless, defend and indemnify the City against all actions, claims or demands for injury, death, loss or damage, regardless of fault or cause, by anyone (except where such injury, death, loss or damage was solely due to the willful acts or omissions of the City, its agents, servants or employees), whenever such injury, death, loss or damage is a consequence of, or arises out of the use of the City's Property by the District or its agents, invitees, employees or contractors, or implementation of this Agreement including, without limitation, the negligent acts or omissions of the District involving the condition of the City's Property for which the District was obligated to maintain. 2 6. Notices. All communications between the parties shall be given either by personal service or by mail addressed as follows: If to the City: If to the District: City of Beaumont Beaumont- Cherry Valley Recreation Attention: City Manager and Park District 550 East 6T' Street Attention: General Manager Beaumont, California 92223 390 West Oak Valley Parkway Beaumont, California 92223 7. Title to Improvements. Title to all improvements installed or constructed by the District on the City's Property shall be retained by the District during the Original Term and all Subsequent Terms thereafter; provided, however, upon termination of this Agreement, the District shall, at its sole cost and expense, remove all such improvements and restore the City's Property to as near original condition as possible, unless the City agrees to allow the District to abandon in place such improvements or any part thereof the City may designate, at which time title to the City - designated improvements shall automatically transfer and vest in the City. 8. Joint Preparation of Agreement. This Agreement shall be deemed to have been prepared jointly by the parties, and the usual rule that provisions of a document are to be construed against the drafter shall not apply. IN WITNESS WHEREOF, the parties have made and executed this Agreement as of the date first above - written. Dated: Dated: 3 CITY OF BEAUMONT I� Mayor BEAUMONT - CHERRY VALLEY RECREATION AND PARK DISTRICT President, Board of Directors ORDINANCE NO. 1008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 5.32 OF THE BEAUMONT MUNICIPAL CODE ENTITLED "BINGO" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 5.32, entitled "Bingo ", is hereby amended in its entirety to read as specifically provided for in Exhibit "A ", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 6th day of December, 2011, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox and Gall NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 20th day of December, 2011, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF BEAUMONT an ATTEST: Deputy City Clerk Brian De Forge, Mayor 641 Chapter 5.32 BINGO Sections: 5.32.010 Short Title. 5.32.020 Authority for Enactment 5.32.030 Definitions 5.32.040 Bingo Games Authorized; Remote Caller Bingo Authorized 5.32.050 California Penal Code Section 326.3 Incorporated 5.32.060 California Penal Code Section 326.4 Incorporated 5.32.070 California Penal Code Section 326.5 Incorporated 5.32.080 License Required 5.32.090 Application for License 5.32.100 Contents of Licenses 5.32.110 License Fee 5.32.120 Duration of License 5.32.130 Investigation by Police 5.32.140 Change in Facts Must Be Reported 5.32.150 Posting of License and Rules 5.32.160 Hours and Days of Operation 5.32.170 Operation and Staffing of Games 5.32.180 Proceeds From Games 5.32.190 Inspection of Premises 5.32.200 License Revocation 5.32.210 Appeal 5.32.220 Audit and Accounting Requirements 5.32.230 Civil Remedies and Criminal Penalties 5.32.010 Short Title. This Chapter may be cited as the "City of Beaumont Bingo Ordinance." 5.32.020 Authority for Enactment. This Chapter is enacted pursuant to Article IV, Section 19 of the California Constitution as implemented by Sections 326.3 and 326.4 and 326.5 of the California Penal Code. 5.32.030 Definitions. Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and give this Chapter its most reasonable application: A. 'Bingo" has the same meaning set forth in Penal Code Section 326.5(o) as it now exists or may hereafter be amended. B. "Calendar week" means Monday through Sunday. i C. "City Manager" means the City Manager of the City of Beaumont or his or her designee. D. "Commission" means the California Gambling Control Commission. E. "Conduct," "operate," and "staff' all mean persons directly involved in the conduct of a bingo game and include, but are not limited to, calling numbers, distributing cards, and the awarding of prizes. F. "Licensee organization" means an organization to which the City Manager has issued a license to conduct bingo games under this Chapter. G. "Premises" means real property within the City on which bingo games are or may be licensed under this Chapter and that are: (i) owned or leased by an organization, or property the use of which is donated to the organization, and (ii) which is used by that organization for an office or for performance of the purposes for which the organization is organized. Premises need not be used or leased exclusively by, or donated exclusively to, a licensee organization. H. "Remote caller bingo game" has the meaning set forth in Penal Code Section 326.3(u) as it now exists or may hereafter be amended. I. "Security personnel" means one or more persons exclusively employed to protect persons and property at bingo games. 5.32.040 Bingo Games Authorized: Remote Caller Binao Authorized. A. Nothing in this Chapter shall prohibit the holding of any bingo games in compliance with the requirements of this Chapter by organizations exempted from payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701(1) and 23701w, and of the Revenue and Taxation Code, or by a mobile home park association of a mobile home park that is situated in the City, senior citizens organizations, and school districts; provided that the organization conducting the game shall have been incorporated or in existence for three years or more, the operation of bingo is not the primary purpose for which the organization was organized, the organization conducting the game is licensed pursuant to subdivision (1) of Section 326.5, the receipts of such games are used solely for charitable purposes, and the organization conducting the game determines the disbursement of the net receipts of the game. B. Bingo games for charitable purposes are authorized by Section 19, Article IV of the California Constitution, and Penal Code Sections 326.3, 326.4, and 326.5, and in accordance with the provisions of this Chapter. Eligible organizations may apply for a license to conduct bingo games in the City under the provisions of Penal Code Section 326.5, and in the case of remote caller bingo, Sections 326.3 and 326.4, and the provisions of this Chapter. 2 C. Remote caller bingo games for charitable purposes are authorized by Section 19, Article IV of the California Constitution, and Penal Code Sections 326.3 and 326.4. Remote caller bingo games shall be conducted in accordance with Penal Code Sections 326.3 and 326.4 and this Chapter and not otherwise, and only by organizations exempted from payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701(1) and 23701w, and of the Revenue and Taxation Code, or by a mobile home park association of a mobile home park that is situated in the City, senior citizens organizations, and charitable organization affiliated with school districts; provided that: 1. The organization conducting the game shall have been incorporated or in existence for three years or more, 2. The operation of bingo is not the primary purpose for which the organization was organized, 3. The receipts of such games are used solely for charitable purposes, 4. The organization conducting the game determines the disbursement of the net receipts of the game, and 5. The organization has a City- issued license to conduct bingo games. 5.32.050 California Penal Code Section 326.3 Incorporated. The provisions of Penal Code Section 326.3 are incorporated herein by this reference and apply along with provisions of this Chapter to control remote caller bingo games authorized by this Chapter. In the event of any conflict between the provisions of this Chapter and Penal Code Section 326.3, Section 326.3 shall control. 5.32.060 California Penal Code Section 326.4 Incorporated. The provisions of Penal Code Section 326.4 are incorporated herein by this reference and apply along with provisions of this Chapter to control remote caller bingo games authorized by this Chapter. In the event of any conflict between the provisions of this Chapter and Penal Code Section 326.4, Section 326.4 shall control. 5.32.070 California Penal Code Section 326.5 Incorporated. Notwithstanding the provisions of Penal Code Section 326.5(a), the provisions of Penal Code Section 326.5 are incorporated herein by this reference and apply along with provisions of this Chapter to control bingo games authorized by this Chapter. In the event of any conflict between the provisions of this Chapter and Penal Code Section 326.5, the more restrictive provision shall control. 5.32.080 License Required. No person or organization may conduct or allow another to conduct bingo games in the City without first obtaining a license from the City to do so. M 5.32.090 Application for License. A. Applications for a license to conduct bingo games in the City shall be in writing on a form provided by the City, accompanied by a nonrefundable filing fee, as set out in Section 5.32.110 of this Chapter, and shall contain the following information: 1. Evidence that the applicant is an eligible organization under Section 5.32.040 of this Chapter; 2. The legal name of the applicant organization and the address of record of the agent upon whom legal notice may be served; 3. The mailing address of the applicant organization; 4. The names, and addresses and signature of the presiding officer and at least one other officer of the applicant organization; 5. The mailing and street addresses of the premises on which bingo games will be conducted, together with the occupancy load of the room or rooms in which bingo will be played provided by the fire code in effect in the City when the application is made; 6. The proposed day or days of the week and hours during which the applicant organization proposes to conduct bingo games; [7. Reserved.] 8. A statement setting forth the character, location and extent of the charitable work of the applicant organization; 9. A statement of the charitable use to which the proceeds of bingo games will be put; 10. A statement that the applicant intends or does not intend to conduct remote caller bingo games; 11. In the event the applicant does not intend to conduct remote caller bingo games, the applicant organization shall submit the names of organization members and security personnel who will operate and staff the bingo games to the Chief of Police for purposes of conducting a background investigation regarding such persons. This requirement may be waived upon presentation, by any person who will operate and staff the bingo games, of a recent background investigation conducted by a law enforcement agency such that it is deemed satisfactory to the Chief of Police. The cost of conducting these investigations shall be imposed upon the applicant organization in an amount not to exceed the actual costs of conducting the background investigation pursuant to Penal Code Section 326.5(1)(2), and in accordance with Section 5.32.110(A) of this Chapter. Results of required background investigations shall be attached to and submitted with the application for a bingo license other than for a remote caller bingo license; 12. If the applicant does intend to conduct remote caller bingo games, the Commission shall regulate remote caller bingo, including, but not limited to, licensure of staff members and the operation of games. The U.S. Department of Justice shall conduct any necessary background investigations and costs of such investigations shall be paid and accounted for in accordance with Business and 4 Professions Code Section 19867, all pursuant to Penal Code Section 326.3(q)(1) and (2); 13. The following documentation shall be attached to an application for a license for remote caller bingo as follows: (a) A certificate issued by the Franchise Tax Board certifying that the applicant is exempt from the payment of the bank and corporation tax pursuant to Section 23701(d) of the Revenue and Taxation Code; (b) Other evidence as the City Manager determines is necessary to verify that the applicant is a duly organized mobile home park association of a mobile home park situated in the City; 14. If applicable, a statement that the applicant agrees to conduct remote caller bingo games in strict accordance with the provisions of Penal Code Section 326.3 and 326.4 and this Chapter, as they may be amended from time to time, and understands that the City Manager may revoke the bingo game license for a violation of any such provision; 15. Such other information as may be required by the City Manager; 16. A license shall not be issued until the City Manager has verified the facts stated in the application and determined that the applicant is qualified. B. Any license for remote caller bingo issued pursuant to this Chapter shall be subject to the conditions contained in Penal Code Sections 326.3 and 326.4. C. All applications for a bingo license shall be signed under penalty of perjury by a person or persons with authority to bind the applicant organization. 5.32.100 Contents of licenses. Upon determining that an applicant is qualified to conduct bingo games in the City, the City Manager shall issue a license stating: A. The name and legal nature of the organization to which the license is issued; B. The address of the premises on which bingo games may be conducted; C. The capacity of the room or rooms in which bingo games may be conducted; D. The date the license expires; E. The City- issued license number; 5 F. Any rules for the conduct of bingo games imposed pursuant to state law; and G. Such other related information as may be necessary or desirable for the enforcement of this Chapter. 5.32.110 License Fee. A. Except as provided in subdivision (B), each initial application for an organization and any renewal request related to a bingo license shall be accompanied by a fee in an amount determined from time -to -time by resolution of the City Council. An additional fee for law enforcement and public safety costs incurred by the City that are directly related to bingo activities may be imposed and shall be collected monthly by the City; however, the fee shall not exceed the actual costs incurred in providing the service. If the applicant for a license is denied or the renewal thereof is denied, one -half of the fee shall be refunded to the applicant. B. Each initial application and any renewal request for a remote caller bingo license shall be accompanied by a nonrefundable filing fee in an amount determined by resolution of the City Council from time to time. 5.32.120 Duration of License. A license issued pursuant to this Chapter shall be valid for one (1) year, at which time the license shall expire. A new license shall only be obtained upon filing a new application and payment of the license fee. The fact that a license has been issued to an applicant creates no vested right on the part of the licensee to continue to offer bingo for play. The City expressly reserves the right to amend or repeal this Chapter at any time by resolution. If this Chapter is repealed, all licenses issued pursuant to this Chapter shall cease to be effective for any purpose on the effective date of the repealing resolution. 5.32.130 Investfnation by Police. Upon the filing of an application for a license for the conduct of traditional bingo games, other than remote caller bingo, the City Manager shall forward the application to the Chief of Police for study and investigation. The Chief of Police shall investigate all persons listed on the application in accordance with Section 5.32.090(A)(11) of this Chapter. No person may operate or staff a bingo game who has been convicted of embezzlement, theft, fraud or gambling. Based on the study and investigation, the Chief of Police shall recommend to the City Manager either denial or approval of the license application. 5.32.140 Change in Facts Must be Reported. A. A licensee organization shall immediately report to the City Manager any change in the information provided on an application for a license under this Chapter. A B. Prior to conducting remote caller bingo games, a licensee organization shall supplement its license application by providing the City with a statement that the licensee organization agrees to conduct remote caller bingo games in strict accordance with the provisions of Penal Code Sections 326.3 and 326.4 and this Chapter, as they may be amended from time to time, and understands that the City Manager may revoke the bingo game license for a violation of any such provision. 5.32.150 Posting of License and Rules. At all times during which bingo is played, the licensee organization shall post conspicuously at the public entrance to the room or rooms in which bingo is played: the licensee organization license, any rules and regulations established by the City Manager for the conduct of bingo games under the license, and the licensee organization's rules of bingo operation. The posted rules shall be legible and accessible to all players. 5.32.160 Hours and Days of Operation. A. Except as provided in subsection (B) of this section, traditional bingo games shall be conducted between noon and midnight for a maximum of six hours per day and no more than two days per calendar week by any licensee organization or on any one premises whether or not more than one organization is licensed to conduct bingo games on those premises. B. Remote caller bingo games shall not be conducted by any licensee organization on more than two days during any week, except that a licensee may hold one additional game, at its election, in each calendar quarter. 5.32.170 Operation and Staffina of Games. A. Remote caller bingo and traditional bingo shall be operated and staffed in accordance with state law. B. All persons who operate or staff bingo games shall wear an identification insignia or badge on the outside of their clothing, no less than two and one -half by three and one -half inches in size, bearing the name of the licensee organization and the name and any title of the staff member. 5.32.180 Proceeds From Games. A. Proceeds from bingo games shall be administered in accordance with state law. 7 B. If the monthly gross receipts from traditional bingo games of an organization exceed five thousand dollars, a minimum percentage of the proceeds shall be used only for charitable purposes not relating to the conducting of bingo games and the balance shall be used for prizes, rental of property, overhead, administrative expenses, and payment of license fees. The amount of proceeds used for rental of property, overhead, and administrative expenses is subject to the limitations specified in Penal Code Section 326.5(k)(2). 5.32.190 Inspection of Premises. A. No person shall interfere with, prevent or refuse to permit a duly authorized representative of the City Manager, the fire department or any peace officer to inspect any place in which bingo games or remote caller bingo games are conducted in the City, whether or not bingo games or remote caller bingo games are being conducted at the time of the inspection. B. Failure to allow, or interference with, an inspection constitutes a violation and shall be grounds for revocation of a license or denial of a bingo application or license. 5.32.200 License Revocation. A. Whenever it shall be shown or whenever the City Manager has knowledge that a licensee, or agent thereof, has violated any of the provisions of this Chapter or state law, the City Manager shall immediately suspend the license and give the organization written notice, ( "Notice of Suspension ") by registered mail to the address of record of the agent upon whom legal notice may be served, of the suspension and a brief statement of the reasons therefor. B. Upon receipt of the notice of suspension, the organization shall cease from conducting any bingo game or remote caller bingo game, and the failure to do so shall constitute a separate and further violation of this Chapter. 5.32.210 Appeal. A. In the event of any finding or decision of the City Manager which is adverse to the application of an organization for a license or renewal thereof under this Chapter, or if a license is suspended or revoked, the organization may appeal to the City's Board of Appeals, or the City Council if there is no Board, provided, that such appeal is filed with the City Clerk within fifteen calendar days from the date of the finding or decision of the City Manager. The City Manager shalt notify the organization of this right to appeal, and such notice shall accompany each and every adverse finding and decision of the City Manager. The finding or decision and the notice of this right to appeal shall be mailed by registered mail, to the organization at the address that appears on the application for a license or renewal thereof. B. Failure of the City Manager to receive a timely request for an appeal constitutes a waiver of the right to contest the finding or decision. Unless a timely appeal is filed, a finding or decision of the City Manager becomes final and no longer subject to appeal. C. Within thirty calendar days of the filing date of an appeal, the Board of Appeals (or City Council) shall conduct a hearing on the appeal. The City shall give the appellant at least five calendar days' mailed notice of the date, time, and location of the hearing at the address(es) specified on the appeal. The failure of any appellant to receive a properly addressed notice of hearing shall not invalidate any action or proceeding by the City pursuant to this Chapter. D. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. Within ten calendar days after conclusion of the hearing, the Board of Appeals (or City Council) shall render its decision. The decision of the Board (or City Council) shall be a final decision. E. The failure of any appellant to appear at the hearing without such cause as the Board (or City Council) may deem sufficient to justify a continuance shall constitute a default and the finding or decision of the City Manager shall thereupon be final and no longer subject to appeal. 5.32.220 Audit and Accounting Requirements. A. Prior to July 31 and prior to January 31 of each year, a licensee organization shall, at its own expense, submit to the City Manager a report of gross revenues, expenses and other information reasonably required by the City Manager to enforce this Chapter. A licensee organization shall annually submit to the City Manager a copy of its federal tax return not later than sixty calendar days after that return is filed with the Internal Revenue Service. B. A licensee organization shall maintain complete and accurate records of income received from, and prizes and other expenses disbursed in connection with, the operation and staffing of bingo games. C. The City Manager may at any time demand a complete and detailed accounting of the records required under subsection (B) of this section and any other data or information pertaining to the operation of bingo games maintained by a licensed organization. The City Manager may subject that accounting and such data and information to, an agreed -upon procedures examination, audit, and /or any other accounting review which may extend to, without limitation: (i) proceeds from the operation of bingo games, (ii) an accounting of the number of players and number of games played over a designated period, (iii) an inspection of bingo cards, funds, equipment or any other records or documentation in connection with the operation of games over a designated period. Such detailed accounting or further data or information shall be provided at the expense of the licensee organization if, in the sole discretion of the City Manager, such detailed accounting or further data or information is necessary for the enforcement of this Chapter. D. In the event a licensee organization fails to render an accounting or provide information pursuant to the provisions of this Section within sixty calendar days of the City Manager's request, the City Manager may suspend that organization's license until the requested accounting or information is provided. 5.32.230 Civil Remedies and Criminal Penalties. In the event of a violation of this Chapter: A. 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 1.17.200 et sea. or shall be guilty of an infraction pursuant to Beaumont Municipal Code Chapter 1.16.010. in either case, the amount of the fine shall be the appropriate amount set forth in Section 1.16.030. Each such violation shall be deemed a separate offense as specked in Section 1.16.040; or B. The City Attorney may bring an action to enjoin a violation of this Chapter; or C. A violation of any provision of this Chapter may be prosecuted as a misdemeanor punishable under Section 1.24.110 of this code or pursuant to applicable state law; or D. If a violation of Penal Code Section 326.3(d) or Section 326.5(b) is filed by a prosecutorial agency, then such violation shall be punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the City. 10 ` Y Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 1008 - BINGO -59496 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: November 11, 2011 Executed on: 11/11/2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGALNOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, December 6,2011 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. 1008 Amending Chapter 5.32 of the Beaumont Municipal Code Entitled "BINGO" It is the purpose and intent of this Ordinance to add Chapter 5.32 to the Beaumont Municipal Code which would make the game of bingo lawful under the terms and conditions of this chapter. Date: November 22, 2011 Shelby Hanve Deputy City Clerk Publish The Record Gazette No.59496 11/11,2011 Agenda Item No. 4, c-- STAFF REPORT To: Mayor and Council Members From: Community and Economic Development Department Date: December 20, 2011 Subject: Street Vacation 11 -SV -02 a Request for the Vacation of a Portion of Mountain View Avenue (located north of Brookside) and 11 -D -02 Offer of Dedication for Brookside Avenue. Applicant: Beaumont Unified School District Background and Analysis: Staff is in receipt of an application for the Beaumont Unified School District for the vacation of a portion of Mountain View Avenue which runs north/south between Brookside Avenue and Cherry Valley Boulevard. The portion of the Street proposed to be vacated does not serve any useful purpose and is not used for primary access by any of the adjoining properties, nor is it expected to be necessary in the future. The proposed offer of dedication 10 -D -02 will convey real property for street improvements and maintenance on Brookside Avenue. The Street Vacation and Offer of Dedication are consistent with the joint funding agreement between the Beaumont Unified School District and the City for Brookside Avenue. The proposed athletic complex would be constructed on the street right -of -way. The location and dimensions of the proposed street vacation action are illustrated in the attached package. Recommendation: Staff recommends that the City Council: 1. Hold a Public Hearing 2. Approve Street Vacation 11 -SV -02 and Accept Offer of Dedication 11 -D -02 Respectfully submitted; CITY OF BEAUMONT � I Rebecca Deming Director of Planning I� Recording Requested By: City of Beaumont When Recorded Mail To: City of Beaumont Planning Dept. 550 E. Sixth Street Beaumont, CA 92223 NOTICE OF VACATION NO. I I - 5V - o a RECORDED OWNER(S) ASSESSOR PARCEL NUMBER(S) City of Beaumont 405- 240 -004 LEGAL DESCRIPTION OF A PORTION OF MOUNTAIN VIEW AVE. TO BE VACATED SEE ATTACHED EXHIBIT "A" AND EXHIBIT "B" ATTACHED HERETO AND MADE A PART THEREOF. SIGNATURE OF RECORD OWNER(S) (MUST BE NOTARIZED) DEPARTMENT USE ONLY SIGNATURE Titletcompany Mayor, City of Beaumont This Notice of Vacation No. I ' t)k(— O o1 is approved STATE OF CALIFORNIA )SS. B ,. (^ //�—_. -- Title: ( � 7 COUNTY OF } ON before me, ,( , V /1 Date: © / V V l l (INSERT NAME AND TITLE OF OFFICER) personally appeared SURVEY DEPARTMENT APPROVAL who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) 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 y\ONpI LAND S G' O 5 \S\NAYNE� QG�� 9 9 Op * Of Notary Public 'See additional sheets for additional notaries" No. 6359 MAIL TAX STATEMENTS TO: OF CPI. BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 2 SOUTH, RANGE I WEST, SAN BERNARDINO MERIDAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 8 IN BLOCK 9 OF CHERRY VALLEY WEST ADDTION, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF MOUNTAIN VIEW AVENUE BOTH AS SHOWN BY MAP ON FILE IN BOOK 6, PAGE 36 RECORDS OF SAID COUNTY; THENCE EASTERLY ALONG THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 8, SOUTH 89 °50'12" EAST, A DISTANCE OF 30.01 FEET TO A LINE PARALLEL WITH AND EASTERLY 30.00 FEET FROM SAID WESTERLY RIGHT OF WAY LINE OF MOUNTAIN VIEW AVENUE AS SHOWN ON SAID MAP, SAID PARALLEL LINE ALSO BEING EAST LINE OF SECTION 28; THENCE SOUTHERLY ALONG SAID SECTION LINE, SOUTH 01°28'18" WEST, A DISTANCE OF 1277.91 FEET TO A LINE PARALLEL WITH AND NORTHERLY 44.00 FEET FROM THE CENTERLINE OF BROOKSIDE AVENUE AS SHOWN ON SAID MAP; THENCE WESTERLY ALONG LAST SAID PARALLEL LINE, NORTH 89 °50'42" WEST, A DISTANCE OF 30.01 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE OF MOUNTAIN VIEW AVENUE; THENCE NORTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE, NORTH 01 °28'18 "EAST, A DISTANCE OF 1277.91 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.88 ACRES MORE OR LESS. a AS WN ON A -J EXHIBI 'ATTACHED HERETO MADE A PART HEREOF. ENNIS JA A DATED L.S. 6359 �0 D T No. 6359 �TgTF OF CAL\F EXHIBIT CITY OF BEAUMONT STREET VACATION DRAWN BY: LB DATE: 03 -17 -11 W.O. # ULC -11 -007 SHEET 1 OF 1 405 - 200 -009 1 405 - 210 -010 405 - 210 -009 1 405 - 210 -008 jONpt LAND SU O No. 63 OF C �. s 00" oj d pfd ��� 36 LOT -7 APN 405 - 240 -003 BEAUMONT UNIFIED SCHOOL DISTRICT PARCEL "A " - LOT o S 0.88 ACRES + /- APN 405 - 240 -004 BEAUMONT UNIFIED SCHOOL DISTRICT rn Z ti > rn LU _u 00 > W 00 Z - N Q r H ao O Z N Z Q O N89 050'12 "W 30.01' J O w H Z O V og 00 oLL N c'� O ';f Z Z Z0 < 0 Q lW 0 co w w O W V p Z CC M Z J v00 20 a. awvOi m BROOKSIDE AVENUE . — 0 GRAPHIC SCALE 32o EXHIBIT CITY OF BEAUMONT ( Ix FEET) STREET VACATION 1 inch = 160 ft. SCALE: 1" =160' 1 DRAWN BY: BH I DATE: 03 -17 -11 W.O. . ULC -11 -007 SHEET 1 OF 1 Recording Requested by CITY OF BEAUMONT WHEN RECORDED MAIL TO: CITY OF BEAUMONT 550 E. 6TH 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, BEAUMONT UNIFIED SCHOOL DISTRICT (Grantor) hereby GRANTS to the CITY OF BEAUMONT (Grantee) an irrevocable offer of dedication for public road rights -of -way and public utility purposes including construction and maintenance of incidental appurtenances, connections 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 dedication; together with a perpetual exclusive easement on adjacent property with the right to construct and maintain slopes and discharge drainage on the land beyond the limits of the road right -of -way where required for road maintenance and improvements on said real property by the CITY OF BEAUMONT or its successors or assigns. It is understood and agreed that this perpetual exclusive easement on adjacent property does not constitute a conveyance of a fee interest in Grantor's property or of the minerals therein and thereunder, but grants only the easement as provided above. The easement granted herein is on an " AS -IS" basis and Grantor makes no representation or warranty of any kind regarding the condition of the Grantor's property or the easement area. Grantor retains for its successors and assigns all rights and uses that do not unreasonably interfere with the use of the rights granted herein to Grantee. This easement is subject to all existing easements, covenants and restrictions recorded against the Grantor's property. Grantee hereby agrees to defend, indemnify and hold harmless Grantor from and against any and all claims, liability, and damages caused by Grantee's activities related to said perpetual exclusive easement on adjacent property, except to the extent that such claims arise from the sole active negligence or willful misconduct of Grantor, its employees, agents and contractors. It is understood and agreed that the easement acquired herein is subject to the right of the owner, successors and assigns to use the land within the boundary lines of said easement to the extent that such use is compatible with the full and free exercise of said easement by the CITY OF BEAUMONT; provided however, that no fences, block walls, structures or other improvements shall be constructed upon, over or along said easement without first obtaining the written consent of the CITY OF BEAUMONT. Dated May 4, 2011 By: /11% !!: � - kp_� STATE OF CALIFORNIA )SS COUNTY OF Riverside } ON May 4, 2011 before me, Lisa L. Tarrats personally appeared Barry L. Kayrell xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) 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. Name: Barry L. Kayrell Title: Superintendent (4t"� 09A 1A 14-2 .ellq Name: D61VA111. Lk/ Q Title: G I 7-1 Or— f��,cj..(/L✓/D�v ✓ Svc!✓ 0/� z WITNESS my hand and official seal. U Si a COMM. #1886650 Notary Public • California c Of No ublic Riverside COUntY 2014 *SEE ADDITIONAL SHEETS FOR ADDITIONAL NOTARIES* M cm. Ex ices M 120 MAIL TAX STATEMENTS T0: PARCEL "A' BEING A PORTION OF LOT 8 IN BLOCK 9 OF CHERRY VALLEY WEST ADDITION, AS SHOWN BY MAP ON FILE IN BOOK 6, PAGE 36 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LYING IN THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 2 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 8, ALSO BEING A COMMON CORNER OF LOT 7, AS SHOWN ON SAID MAP, SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF BROOKSIDE AVENUE, AS SHOWN ON SAID MAP; THENCE NORTHERLY LEAVING SAID NORTHERLY RIGHT OF WAY LINE AND ALONG THE COMMON LINE OF SAID LOT 8 AND SAID LOT 7, NORTH 01 °28'18" EAST, A DISTANCE OF 14.00 FEET TO A LINE PARALLEL AND NORTHERLY 14.00 FEET FROM SAID NORTHERLY RIGHT OF WAY LINE OF BROOKSIDE AVENUE; THENCE EASTERLY ALONG SAID PARALLEL LINE, NORTH 89 050'42" EAST, A DISTANCE OF 660.17 FEET, TO A POINT ON THE WESTERLY LINE OF PARCEL 5140 -5 AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 46, PAGES 79 THROUGH 82, INCLUSIVE, RECORDS OF SAID COUNTY; THENCE LEAVING SAID PARALLEL LINE, SOUTHEASTERLY ALONG SAID WESTERLY LINE, SOUTH 01 028'18" WEST, A DISTANCE OF 14.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 5140 -5, SAID POINT ALSO BEING THE INTERSECTION OF THE EASTERLY PROLONGATION OF SAID NORTHERLY RIGHT OF WAY LINE OF BROOKSIDE AVENUE AND SAID WESTERLY LINE OF PARCEL 5140 -5; THENCE LEAVING SAID WESTERLY LINE NORTHWESTERLY ALONG SAID EASTERLY PROLONGATION OF BROOKSIDE AVENUE, NORTH 89 °50'42" WEST, A DISTANCE OF 660.17 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 9,242 SQUARE FEET MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO MADE A PART THEREOF. EXHIBIT CITY OF BEAUMONT RIGHT OF WAY DEDICATION _ � �_ h= Da _ DRAWN BY: RM DATE: 03 -Ot -11 W.O. # ULC -11 -003 SHEET 1 OF 4 PARCEL "B" BEING A PORTION OF LOT 7 IN BLOCK 9 OF CHERRY VALLEY WEST ADDITION, AS SHOWN BY MAP ON FILE IN BOOK 6, PAGE 36 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LYING IN THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 2 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 7 OF SAID MAP ALSO BEING A COMMON CORNER OF LOT 8, AS SHOWN ON SAID MAP, SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF BROOKSIDE AVENUE, AS SHOWN ON SAID MAP; THENCE NORTHWESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE OF BROOKSIDE AVENUE, NORTH 89 050'42" WEST, A DISTANCE OF 660.17 FEET TO THE SOUTHWEST CORNER OF SAID LOT 7; THENCE NORTHEASTERLY LEAVING SAID NORTHERLY RIGHT OF WAY LINE AND ALONG THE WESTERLY LINE OF SAID LOT 7, NORTH 01 028'18" EAST, A DISTANCE OF 14.00 FEET TO A LINE PARALLEL AND NORTHERLY 14.00 FEET FROM SAID NORTHERLY RIGHT OF WAY LINE OF BROOKSIDE AVENUE; THENCE LEAVING SAID WESTERLY LINE, EASTERLY ALONG SAID PARALLEL LINE, SOUTH 89 °50'42" EAST, A DISTANCE OF 356.99 TO A NON - TANGENT CURVE CONCAVE NORTHWESTERLY WITH A RADIUS OF 39.50 FEET AND A RADIAL BEARING OF NORTH 15 041'08" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 °48'24" AND AN ARC DISTANCE OF 6.07 FEET; THENCE NORTH 65 030'28" EAST, A DISTANCE OF 6.93 FEET TO A TANGENT CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 60.50 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24 °38'50" AND AN ARC DISTANCE OF 26.03 FEET TO A LINE 24.50 FEET NORTHERLY AND PARALLEL TO SAID RIGHT OF WAY LINE OF BROOKSIDE AVE; THENCE EASTERLY ALONG SAID LINE, NORTH 89 °50'42" WEST, A DISTANCE OF 50.00 FEET TO A TANGENT CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 60.50 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24 °38'50" AND AN ARC DISTANCE OF 26.03 FEET; THENCE SOUTH 65 °11'52" EAST, A DISTANCE OF 6.93 FEET TO A TANGENT CURVE CONCAVE NORTHERLY WITH A RADIUS OF 39.50 FEET; EXHIBIT CITY OF BEAUMONT RIGHT OF WAY DEDICATION DRAWN BY: RM DATE: 03 -01 -11 1 W.O. # ULC -11 -003 SHEET 2 OF 4 PARCEL "B" THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 048'24" AND AN ARC DISTANCE OF 6.07 FEET TO A POINT WITH A RADIAL BEARING OF NORTH 15 059'44 "EAST, SAID POINT ALSO BEING ON A LINE 14.00 FEET NORTHERLY AND PARALLEL TO SAID RIGHT OF WAY LINE OF BROOKSIDE AVENUE; THENCE EASTERLY ALONG SAID PARALLEL LINE, SOUTH 89 050'42" EAST, A DISTANCE OF 178.75 FEET TO A POINT ON THE COMMON LINE OF SAID LOT 7 AND LOT 8 AS SHOWN ON SAID MAP; THENCE LEAVING SAID PARALLEL LINE SOUTHWESTERLY ALONG SAID COMMON LINE, SOUTH 01 °28'18" WEST, A DISTANCE OF 14.00 FEET TO THE POINT OF BEGINNING THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 10,262 SQ. FEET MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO MADE A PART THEREOF. EXHIBIT CITY OF BEAUMONT RIGHT OF WAY DEDICATION _L= DRAWN BY: RM DATE: 03 -01 -11 W.O. # ULC -11 -003 SHEET 3 OF 4 PARCEL "C" BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 2 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE PARCEL OF LAND DESCRIBED IN INSTRUMENT NO. 2001 - 390957 RECORDED AUGUST 15, 2001 AS SHOWN ON RECORD OF SURVEY MAP ON FILE IN BOOK 109, PAGE 77 BOTH RECORDS OF SAID COUNTY, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF BROOKSIDE AVENUE AS SHOWN ON SAID RECORD OF SURVEY SAID POINT ALSO BEING ON A LINE PARALLEL AND WESTERLY 50.00 FEET FROM THE WESTERLY SECTION LINE OF SAID SECTION 27; THENCE NORTHERLY LEAVING SAID NORTHERLY RIGHT OF WAY LINE AND ALONG SAID PARALLEL LINE, NORTH 01 °28'18' EAST, A DISTANCE OF 14.01 FEET TO A LINE PARALLEL AND NORTHERLY 14.00 FEET FROM THE NORTHERLY RIGHT OF WAY LINE OF SAID BROOKSIDE AVENUE; THENCE EASTERLY ALONG SAID PARALLEL LINE OF BROOKSIDE AVENUE, NORTH 89 02940" EAST, A DISTANCE OF 330.05 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHERLY WITH A RADIUS OF 600.00 FEET AND RADIAL LINE BEARING NORTH 22 °35'05" WEST, SAID POINT BEING THE SOUTHEAST LINE OF SAID PARCEL OF LAND DESCRIBED IN SAID INSTRUMENT NO. 2001 - 390957; THENCE SOUTHWESTERLY LEAVING SAID PARALLEL LINE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03 053'03" AND AN ARC DISTANCE OF 40.67 FEET TO A POINT WITH A RADIAL BEARING NORTH 18 °42'02" WEST, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF SAID BROOKSIDE AVENUE; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE, SOUTH 89 °2940" WEST, A DISTANCE OF 292.35 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 4,366 SQUARE FEET MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO MADE A PART THEREOF. DENNIS W. JANDA L.S. 6359 DATE \�P►- �Mbv\ WAY/yF o a No. 6359 ��qTF OF CA0' EXHIBIT CITY OF BEAUMONT RIGHT OF WAY DEDICATION DRAWN BY: MQ DATE: 03 -01 -11 W.O. # ULC -11 -003 SHEET 4 OF 4 �\�AYNF Zo�6 1T359 \CA0F woo0o, �M .0 R � d pfd v���g a �ov o , M _ V-- N 89 050'42" W 660.17' --J' n°, BROOKSIDE AVENUE p,O,g. -% PARCEL "B" PAR. "A" APN 400 - 250 -002 10,262 S.F. + /- PAR. "B" GRAPHIC SCALE 0 80 160 320 ( IN FEET ) 1 inch = 160 ft. LINE TABLE LINE N89 050'42 "W LENGTH L1 C2 ,,1 02 50.00' 4.r, 6.93' . N 356.99' 178.75' 4.► N6501 1'52"W N89 °50'42 "W 1 C1 N89 °50'42 "W C 24 °38'50" 1 60.50' N89 °50'42 "W 660.17' 4 - BROOKSIDE AVENUE DETAIL "A" Q N.T.S. o APN 405 - 240 -003 C4 z BEAUMONT UNIFIED LOOT 7 9 O zz w SCHOOL DISTRICT N O oo Q z N ��(,� SEE DETAIL ��on a z I- -- �- ,�- y 050'42" N89 °50'42 "W�/ Q N 89 W ��,P N89 °50'42 "W J 50.00 U 356.99' 178.75'---, M _ V-- N 89 050'42" W 660.17' --J' n°, BROOKSIDE AVENUE p,O,g. -% PARCEL "B" PAR. "A" APN 400 - 250 -002 10,262 S.F. + /- PAR. "B" GRAPHIC SCALE 0 80 160 320 ( IN FEET ) 1 inch = 160 ft. LINE TABLE LINE BEARING LENGTH L1 N65 030'28 "E 6.93' L2 N6501 1'52"W 6.93' CURVE TABLE CURVE DELTA IRADIUSILENGTH Cl 8 °48'24" 39.50' 6.07' C2 24 °38'50" 1 60.50' 26.03' LOOT o W APN 405 - 240 -004 00 BEAUMONT UNIFIED 00 PARCEL "A" SCHOOL DISTRICT o° r 9,242 S.F. + /2N89050'42" O z v W 660.17' "' N 89 050'42" W 660.17' —� - BROOKSIDE AVENUE APN 400 - 250 -012 CITY OF BEAUMONT RIGHT OF WAY DEDICATION I I - I) -Oa. W z 4 W z H z O 2 0 z O U O O O J LL z D O U w 0 U) x w 50' w 00 50 `a r O Z� SEC.28, T.2 S, RAW SCALE: 1" =160' I DRAWN BY: RM I DATE: 03 -01 -11 I W.O. # ULC -11 -003 I SHEET 1 OF 2 �j Lu z Q W z H z :1� O 2 50' w 00 N 0 c 0 z� P.O.B. - t'\ AYNf o � No. 6359 ��9TF OF cA\.\F��\� V�1�5�GMo MOoo �009��3�Oo��7 / REC. SA 009 G�e�o BK 109 /PG 77 7 APN 403 - 200 -009 BEAUMONT UNIFIED SCHOOL DIST. APN 403 - 200 -008 /O KENNETH ODA , / /e.0 �� PARCEL .,C.. 4,366 S.F. + /- � QGG.Z\l�i Q-tQ / / O� / �O Opro r v N89 ° 29 40 ,� E 330.05' 0 / ��1./ A =03 °53'03" L= 40.67' / M Q j R= 600.00' N89 °29'40 "E 292.35' BROOKSIDE AVENUE_ — — 'N18 °42'02 "W_(R — �� A�� J�o 404 - 010 -012 pNp GO.�Q' BEAUMONT PARTNERS LTD PARTNERSHIPO GRAPHIC SCALE 0 80 160 320 ( IN FEET ) 1 inch = 160 ft. EXHIBIT 1 404- 010 -015 BEAUMONT PARTNERS LTD PARTNERSHIP I I 50' 50' / /I Iw z w i I~ z O I? CITY OF BEAUMONT RIGHT OF WAY DEDICATION I -D - 0a, SEC.27, T.2 S, RAW SCALE: 1" =160' I DRAWN BY: MQ I DATE: 03 -01 -11 I W.O. . ULC -11 -003 I SHEET 2 OF 2 Acceptance Certificate The City of Beaumont hereby accepts this Offer of Dedication for 11 -D -02 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 m 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 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ST.VAC.POR.MT VIEW AVE. -61011 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: December 9, 2011 Executed on: 12/09/2011 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 desdbed below. The City Council's hearing on this matter will be held at 6:00 p.m. on Tuesday, December 20, 2011 in the Council Chambers at Beaumont City Hell, 550 East Sixth Street, Beaumont, Cal'rfomia. Street Vacation of Portion of Mountain View Avenue, consideration of a request for the vacation of a portion of Mountain View Avenue between Brookside Avenue and the northern City Boundary with the High School Stadium at 1422 E. First Street Mountain View Avenue currently exists as a dedicated 30400t right -o -way.The proposed application is exempt from the provisions of the California Environmental Quality Act. The applicant for this project is Beaumont Unified School Distridon 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: December 5, 2011 Publish The Record Gazette No. 61011 12109, 2011 Agenda Item NoA b STAFF REPORT To: Honorable Mayor and Council Members From: Community and Economic Development Department Date: December 20, 2011 Subject: Ordinance 1007 — Amending Table 17.03 -3 "Permitted Land Uses for Base Zone Districts" and Table 17.03 -4 "Permitted Land Uses for Overlay Zone Districts" within Chapter 17, "Zoning" to permit additional land uses throughout the City of Beaumont (Expansion of Permitted Uses) EXECUTIVE SUMMARY: • Proposed changes to BMC Title 17 "Zoning" to allow additional Permitted uses within the City's various zone districts. • Allows more businesses to apply in zones that would accommodate each use • There are no proposed changes that will limit or remove currently permitted uses • City Council Approved Ord. 1007 at its first reading with a 5 -0 Vote; and Staff has incorporated the changes City Council requested. RECOMMENDATION: • Staff recommends that the City Council review the proposed changes and APPROVE Ordinance 1007 at its second reading. Background and Analysis: Staff has completed a review of the current zoning code, and has determined some use types that are currently prohibited may not meet the intent of the City Council to be business friendly. The current code is worded in such a way as to prohibit certain use types from applying for new business uses in different zone districts. The proposed Ordinance would amend Table 17.03 -3 "Permitted Land Uses for Base Zone Districts" and Table 17.03 -4 "Permitted Land Uses for Overlay Zone Districts" within Chapter 17 "Zoning" to permit additional land uses within the various zone districts throughout the City. The intent of the code was to limit potential negative impacts from new uses on surrounding properties. Since the last update in 2008, Staff has found the code has prevented new businesses 0IL STAFF REPORT Ord. 1007 PAGE 2 and jobs from being created, which would generally be acceptable in the proposed locations; therefore the proposed changes to the Zoning Code are recommended to allow a potential business to apply and go through the formal review process in a greater range of locations than current restrictions permit. With regard to the mitigation of potential negative impacts related to certain uses, Staff believes this can be accomplished and managed through the Conditional Use Permit "CUP" process, in which Planning Commission has the opportunity to determine if the use proposed, or the location of that use, is compatible with surrounding uses, or through conditions, can be made compatible. The conditional use permit form of approval allows the City to monitor the subject use and to initiate proceedings for revocation of the permit if the conditions are violated or if the use otherwise becomes a public nuisance. Planning Commission reviewed the proposed changes at their regular meeting held on November 8, 2011 and made a recommendation that City Council APPROVE the proposed changes. A table showing the proposed permitted land uses has been attached for Council's review. Attached is a summary explaining the proposed changes from Not Permitted to Conditionally Permitted or simply Permitted in each zone. RECOMMENDATION. Staff recommends that the City Council: 1. Hold a Public Hearing 2. Review the proposed changes, including City Council's comments from the first reading. 3. APPROVE Ordinance 1007 at its second reading, amending Tables 17.03 -3 and 17.03 -4 in Chapter 17 of the Beaumont Municipal Code. Very truly yours; CITY OF BEAUMONT Kyle Warsinski Community Development Analyst Currently Not Permitted (N) Uses proposed to Change to Conditionally Permitted (C) Uses • Current Code would not allow an approval of a proposed use in zones show in the previous exhibits with an (N) A change from N 4 C = Approval by the Planning Commission: • for review /approval • public hearing required • allows the City to monitor the subject use and to initiate proceedings for revocation of the permit if: o the conditions are violated o the use otherwise becomes a public nuisance. • This insures sufficient protection exists for maintenance of the public health, safety, and welfare. Some uses that are proposed to change in this Category (N 4 C): Approval by Planning Commission required • Admin/Professional offices in Manufacturing Zones • Towing services with Indoor vehicle storage in Commercial Zones • Guns and Ammo Sales in Manufacturing Zones • Electric Equipment and Appliance Sales in Manufacturing Zones • Libraries and Museums in Commercial Zones • Batting Cages in Commercial Zones • Off -Road Course in Manufacturing Zones • Health Clubs and Gymnasiums in Manufacturing Zones • Welding Shops in Manufacturing Zones • Amusement Enterprises in Commercial and Manufacturing Zones Currently Not Permitted (N) Uses proposed to Change to Permitted (P) Uses • Current Code would not allow an approval of a proposed use in zones show in the previous exhibits with an (N) A change from N 4 P = Staff Approval: • Fast Review on Uses that meet the current code as determined by City Council • No public hearing required • Typically approved in 1 -2 weeks if using a existing building Some uses that are proposed to change in this Category (N 4 P): • Convenience stores Bakeries and Delicatessens in Manufacturing Zones • Ambulance Services in Commercial Zones • Sandblasting and Beadblasting as an Accessory Use in Commercial Zones • Churches as an Accessory Use in Commercial Zones • Welding as an Accessory Use in Commercial Zones • Recording and Sound Studios in Manufacturing Zones EXHIBIT "A" 17.03.120 Permitted Uses for Base Zone Districts. The permitted uses for the Base Zone Districts (identified herein in Section 17.03.40 through 17.03.110) are listed in Table 17.03 -3. Table 17.03 -3 Permitted land Uses For Base Zone Districts RC PF RR j RSF RMF CG CC M Administrative Professional Services Administrative /Professional Offices N N N N N P P P Ad4ertising Agencies N P N N N P P AEC Architectural /Engineering /Design Se ices N P N N N P P AEC Attorney /Legal Services N P N N N P P MC Bu4iness Management Services N P N N N P P AEC Government Offices P P P P P P P P Tra�el Agencies N P N N N P P AEC Agricultural Uses Animal Keeping (Commercial Use) N N P C N C C C Animal Keeping (Accessory Use) N A A A A C C C Animal Rescue Facilities N N P C N N N C Apiaries N N P C N N N N Aviiries N N P N N N N AEC Catteries N N P C N C C C Commercial Growing Establishments N N P N N N N AEC Dairies N N P N N N N N Kennels (all Classes) N N P C N C C C Produce Stands N N P N N N N N Stables N N P N N N N N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03 -3' Permitted Land Uses For Base Zone Districts continued' Land Use RC PF I RR I RSFJ RMF CG CC - M Alcohol Service and Sales Bars or Cocktail Lounges C N N N N C C C Liquor Stores N N N N N C C N Restaurants with Alcoholic Beverage Sales C N N N N C C C Automotive Services Automobile, Motorcycle, and Marine Craft Sales (New and Used) N N N N N P P C Automobile Parking Facilities N N N N N P P P Automobile Rental Agencies N N N N N P P P Automobile Repair Facilities N N N N N P P P Automobile Towing and /or Wrecking Facilities N N N N N N N C Body and Paint Shops N N N N N C C C Cad Wash N N N N N C C 44C Gas /Service Stations C N N N N C C C Limousine Services N N N N N P P P Tovv��ing Services With Indoor Vehicle Serlrice N N N N N 4C KC C Towing Services With Outdoor Vehicle Storage N N N N N N N C Truck/Trailer Rentals N N N N N C C P Communications Facilities Cellular Communication Facilities C N N N N C C C Cellular - Stealth C N N N N C C C Cellular - Non - Stealth N N N N N C C C Radio and Television Broadcasting Studios N N N N N N P P Re4ording and Sound Studios N N N N N N P NP N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03 =3 Permitted Land Uses For Base Zone Districts continued Land Use RC PF RR RSF RMF CG CC M Satellite Dishes (Non- Private) N N N N N P P P Sa0lite Dishes (Private Use) N N P P P N N MC Ham Radio Antennae (Private Use) N N P P P P P P Daycare Facilities Cornmercial Day Care Facilities N N N N N P P MC Educational Establishments Elementary, Junior, and High Schools /Public N P P P P N N N Elementary, Junior, and High Schools /Private N P P P P N N N Vocational and Trade Schools N P P P P C C N Food and Beverage Sales Bageries N N N N N P P MID Catering Establishments N N N N N P P P Convenience Markets N N N N N P P #P Grocery Stores /Supermarkets N N N N N P P N Grocery Store, Alcohol Sales N N N N N C C N General Merchandise and Trade Antique Sales N N N N N P P *A Ap�liance Sales N N N N N P P 44C Art Galleries and Supplies N N N N N P P N Beauty Supplies N N N N N P P N Books and Magazines N N N N N P P N Building Materials N N N N N C P P Bui ding Materials with outdoor sal s /storage N N N N N #C C P Camera and Photographic Supplies N N N N N P P N Candy Stores N N N N N P P N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03 -3 Permitted Land Uses For Base Zone Distritots cantiinued Land Use RC PF RR RSF RMF CG CC M Cigar /Cigarette Shops N N N N N C C N Clothing Stores N N N N N P P N Department Stores N N N N N P P N Discount Stores N N N N N P P N Electronic Equipment Sales N N N N N P P MC Equipment Sales and Rentals N N N N N C C P Florists N N N N N P P N Freight Forwarding Services N N N N N P P P Furniture and Home Furnishings N N N N N P P N Garden Supply N N N N N P P N Gifts, Crafts, and Novelties N N N N N P P N Gu6s and Ammunition N N N N N P P 4C Hardware Stores N N N N N P P N Hobby, Toy and Game Stores N N N N N P P N Indoor Swap Meets N N N N N N C C Jewelry Sales and Repair N N N N N P P N Leather Goods N N N N N P P N Luggage Sales N N N N N P P N e OfficOff' a Equipment, Furniture, and Su N N N N N P P WC Pet Sales and Supplies N N N N N P P C Records, Tapes, and Videos N N N N N P P N Retail, Other Specialty N N N N N P P N Sporting Goods and Equipment N N N N N P P N s4lus Stores N N N N N P P MC Thrift and Second -Hand Stores N N N N N C C N Variety Stores N N N N N P P N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03 -3 Permitted Land Uses For Base Zone Districts continued Land Use RC PF RR RSF RMF CG CC M Whblesale Establishments N N N N N P P MC Lodging Bed and Breakfast Facilities C N N N N P P N Emergency Shelters N N N N N P C C Hotels and Motels C N N N N P P C Residence Inns C N N N N P P N Single -Room Occupant (SRO) Facilities N N N N N C C N Trailer Parks and Campsites N N N N C N N N Transitional Housing N N N N C C C N Manufacturing and Industrial Apparel/Textile Products N N N N N N N P Assembly Plants N N N N N N N P Bottling Plants N N N N N N N P Bulk Postal Service Facilities N N N N N N N P Chemicals N N N N N N N P Contract Construction Services N N N N N N N P Data Services N N N N N N N P Exterminating Services N N N N N MC HC P Feed and Fuel Yards N N N N N N N P Food and Kindred Products N N N N N N N P Furniture N N N N N N N P Lumber/Wood Products N N N N N N N P Moving and Storage Establishments N N N N N N N P Metal Salvage Yards N N N N N N N P Paper Products N N N N N N N P N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03 -3 Permitted Land Uses For Base Zone Districts continued Land Use RC PF RR RSF . RMF' CG CC M Petroleum - Related Materials N N N N N N N C Primary Metal Industries (Electroplating) N N N N N N N C Printing /Publishing N N N N N N N P Professional /Scientific /Electronic Products N N N N N N N P Research Services and Laboratories N N N N N N N P Retail Sales of Products Manufactured or Stored On -Site N N N N N N N P Sa dblasting and Beadblasting N N N N N NC A MC A C Taxidermy N N N N N N N C Medical /Health Care Ambulance Services N N N N N 14P P P Animal HospitalsNeterinaries N N N N N P P P Clinics N N N N N P P NC Convalescent Homes N N C C C P P N Chemical Dependency Clinics N N N N C C N N Hospitals N N N N N P P N Medical /Dental Offices N N N N N P P N Pharmacies N N N N N P P N Pharmacies, with drive - through N N N N N C C N Personal Services Banking, Credit Unions, Financial Services N N N N N P P N Barbers and Beauty Parlors N N N N N P P N Cemeteries N C C C C C C C Check Cashing Services N N N N N P P N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03 -3 Permitted Land Uses For Base Zone Districts continued Land Use RC PF RR RSF RMF CG CC M Commercial Pet Grooming Services N N N N N P P C Dry Cleaners N N N N N P P N Funeral Parlors, Mortuaries N N N N N C C #C Laundries, Laundromats N N N N N P P WC Locksmith and Key Shops N N N N N P P P Pawnbrokers N N N N N C C N Photocopying and Photo Developing Services N N N N N P P P Photography Studios N N N N N P P N Shoe Repair Shops N N N N N P P AIEC Taillors N N N N N P P WC Tattoo /Body Piercing Services N N N I N N C C N Public and Quasi - Public Uses Community Recreation Centers P P N N N N N N Cultural Facilities P P N N N N N N Librtaries P P N N N MC MC N m4eums P P N N N MC AiC N Parks P P N N N N N N Public Safety Facilities N P N N N P P P Senior Citizen Activity Centers N P N N N P P N Recreation and Entertainment Adult- Oriented Businesses N N N N N N N C Am�sement Parks N N C N N AIC C AiC Athletic Fields N P P P P N N N Batking Cages N N N N N #C C C Billiard and Pool Halls N N N N N C C N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.0363 Permitted Land Uses For Base Zone Districts continued Land Use RC ` PF RR RSF RMF CG CC M Bowling Alleys N N N N N P P N Dance Studios N N N N N P P N Gold Driving Ranges C N N N N N C ABC He4lth Clubs and Gymnasiums N N N N N C C 44C Mi j'ature Golf Courses N N C N N HC C N Off1Road Mini -Bike and Motorcross Courses C N C N N N 44C #C Pu4lic Auditorium /Auditoriums N P N N N #P ASP N Shooting Range (Indoor) N N N N N N N C Sk4ting Rinks N N N N N N C NC Video Arcades N N N N N C C N Recycling Collection Facilities N N N N N C C C Pro essing Facilities N N N N N MC Ng C Religious Institutions Ch rches N HC C C C C, A* A* C Monasteries, Convents, or Similar Religious Use N N C C C C C C Repair Services Electrical and Household Appliances Repair N N N N N P P P Furniture Refinishing N N N N N P P P Furniture Reupholstering N N N N N KC 44C P Lawnmower Repair /Sales Shops N N N N N P P P Machine Shops N N N N N C C P Welding Shops N N N N N MC. A H-C A P N = Not Permitted P = Permitted C = Conditionally Permitted 4 = Permitted as an Accessory Use A* = Permitted as an Accessory Use in Assembly Buildings Table 17.03 -3 Permitted Land Uses For Base Zone Districts continued — Land Use RC PF RR T_ RSF RMF ` CG CC M Residential Uses Accessory Guest Houses N N P P P N N N Accessory Rental Units ( "Granny Flats ") N N P P P N N N Boarding or Rooming Houses N N C C C N N N Caretaker's Unit N N P N P P* N C Congregate Care Facilities N N N N C C C N Day Care Centers, Small Family- 1 to 8 Children N N P P P N N N Day Care Centers, Large Family -7 to 14 Children N N C C C C N N Duplexes N N N N P N N N Group or Community Care Facilities - 6 or fewer persons) N N P P P N N N Group or Community Care Facilities - 7 or more persons) N N C C C N N N Home Occupation Businesses N N P P P N N N Mobile Home Parks N N N N C N N N Mobile Home or Manufactured Housing Units Single Lot N N P P P N N N Multiple - Family, Apartment & Condominiums N N N N P P* N N Planned Residential Developments N N P P P N N N Senior Housing Developments N N P P P C N N Single - Family Dwellings N N P P P N N N Restaurant Delicatessens N N N I N N P P NP N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use *Only allowed for Properties on Sixth Street Table 17.03 -3 Permitted Land Uses For, Base Zone Districts continued Land Use RC PF RR RSF RMF CG CC M Fast -Food Restaurants - Without Drive- Thru N N N N N P P N Fast -Food Restaurants - With Drive -Thru N N N N N C C N Sit -Down Restaurants C N N N N P P N Sit Down Restaurant with live Entertainment C N N N N C C N Restaurant, serving alcohol C N N N N C C N Service Organizations Philanthropic and Charitable Institutions N N N N N P P AEC Se ice Organizations N N N N N P P AEC Temporary Uses Street/Craft Fairs and Farmers' Markets N C N N N C C N Temporary Structures (Subdivision sales Office) C N P P P P P P Christmas Tree /Pumpkin Lots, and Similar, Not Exceeding 30 Days C C C C C C C C Outdoor Displays N N N N N C C C Parking Lot Sales N C N N N C C C Am�sement Enterprises N C N N N AEC C C Transportation Facilities Bus Passenger Terminals N N N N N C C C Charter Bus Companies N N N N N C C C Motor Vehicle Transportation (Taxi /Shuttle) N N N N N C C C Truck Stops and Terminals N N I N N I N t C C C N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03 -3 Permitted Land Uses For Base Zone Districts. continued Land Use RC PF I RR RSF RMF I CG I CG M Utilities Public Utility /Service Structures N P N N N N N P Sewage Disposal Facilities/Waste Transfer N P N N N N N P Utility Company Offices N N N N N P P P Water Storage, Distribution, and Collection Facilities N P N N N N N N Public Storage Facilities N N N I N N C C C N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use EXHIBIT "B" 17.03.150 Permitted Uses for Overlay Zone Districts. The permitted uses for the Beaumont Avenue, 6th Street, and Urban Village Overlay Zones are listed in Table 17.03 -4. Table 17.03 -4 Permitted Land Uses For Overlay Zone Districts stn St Overlay Beaumont Ave. Overlay Urban Village Overlay Administrative Professional Services Administrative /Professional Offices P P P Advertising Agencies P P P Architectural /Engineering /Design Services P P P Attorney /Legal Services P P P Business Management Services P P P Government Offices P P P Travel Agencies P P P Alcohol Service and Sales Bars or Cocktail Lounges C C C Liquor Stores C C C Restaurants with Alcoholic Beverage Sales C C C Automotive Services Automobile, Motorcycle, and Marine Craft Sales (New and Used) P N Kc — Automobile Parking Facilities P #C N Automobile Rental Agencies P Kc N Automobile Repair Facilities C N N Body and Paint Shops me N N Car Wash C N C Gas /Service Stations C N C Limousine Services P #C N N = Not Permitted P = Permitted C = Conditional) Permitted Table 97.03 -4 Permitted Land Uses For Overly y Zone Districts continued eh 6 St Overlay Beaumont Ave. Overia Urban Village Overlay Towing Services - With Indoor Vehicle Service C N N Truck/Trailer Rentals C N N Communications Facilities Cellular Communication Facilities (stealth) C C C Radio and Television Broadcasting Studios P Mc P Recording and Sound Studios P Mc P Satellite Dishes (Non- Private) P P P Satellite Dishes (Private Use) P P P Ham Radio Antennae (Private Use) P P P Daycare Facilities Commercial Day Care Facilities C C C Educational Establishments Elementary, Junior, and High Schools /Public P P P Elementary, Junior, and High Schools /Private P P P Vocational and Trade Schools P P P Food and Beverage Sales Bakeries P P P Catering Establishments P P P Convenience Markets P P P Grocery Stores /Supermarkets P N P General Merchandise and Trade Appliances P P P Art Galleries and Supplies P P P Beauty Supplies P P P Books and Magazines P P P Building Materials P N N N = Not Permitted P = Permitted C = Conditional) Permitted Table 17.034 Permitted Land Uses For Overly y Zone Districts continued fi St Overlay Beaurnont ` Ave. pve Urban Village Overlay Building Materials with outdoor sales /storage C N N Camera and Photographic Supplies P P P Candy Stores P P P Cigar /Cigarette Shops C C C Clothing Stores P NC P Department Stores P NC P Discount Stores P N P Electronic Equipment P NC P Equipment Sales and Rentals (indoor) C N N Florists P P P Freight Forwarding Services P N P Furniture and Home Furnishings P N P Garden Supply P NC P Gifts, Crafts, and Novelties P P P Guns and Ammunition P P P Hardware Stores P NC P Hobby, Toy and Game Stores P P P Indoor Swap Meets C j N N Jewelry Sales and Repair P P P Leather Goods P NC P Luggage Sales P NC P Office Equipment, Furniture, and Supplies P N P Pet Sales and Supplies P P P Records, Tapes, and Videos P P P Retail, Other Specialty P P P N = Not Permitted P = Permitted C = Conditional) Permitted Table 17.03 -4 Permitted Land Uses for Overla y Zone Districts continued to 6 St Overlay Beaumont Ave. . OAve rban Pillage Overlay Sporting Goods and Equipment P #C P Surplus Stores C N N Thrift and Second -Hand Stores C N N Variety Stores C N C Wholesale Establishments P N P Lodging Bed and Breakfast Facilities P C P Hotels and Motels P N P Residence Inns P N P Single -Room Occupant (SRO) Facilities C C N Transitional Housing C C N Medical /Health Care Ambulance Services C 14C N Animal Hospitals/Veterinaries P N P Clinics P P P Convalescent Homes C C C Chemical Dependency Clinics C N C Hospitals C N C Medical /Dental Offices P P P Pharmacies P N P Pharmacies, with drive - through P T N P Personal Services Banking, Credit Unions, Financial Services P P P Barbers and Beauty Parlors P P P Cemeteries N N N Check Cashing Services P N N Commercial Pet Grooming Services P P P N = Not Permitted P = Permitted C = Conditional) Permitted Table 17.03 -4 Permitted Land Uses for Overla y Zone Districts continued 6th 6 St Overlay Beaumont Ave. Overly Urban Village Overlay Dry Cleaners P P P Funeral Parlors, Mortuaries P C P Laundries, Laundromats P NP P Locksmith and Key Shops P NP P Pawnbrokers C N N Photocopying and Photo Developing Services P P P Photography Studios P P P Shoe Repair Shops P P P Tailors P P P Tattoo /Body Piercing Services C N C Public and Quasi - Public Uses Community Recreation Centers P P P Cultural Facilities P P P Libraries P P P Museums P P P Parks P P P Public Safety Facilities P P P Senior Citizen Activity Centers P P P Recreation and Entertainment Amusement Parks AEC N P Athletic Fields N N P Batting Cages AEC N P Billiard and Pool Halls C f4c C Bowling Alleys P N P Dance Halls and Studios #P N P Golf Driving Ranges N N C N = Not Permitted P = Permitted C = Conditional) Permitted Table 17.03 -4 Permitted Land Uses For Overlay Zone Districts continued to 6 St Overlay Beaumont Ave. . OAve rban Village Overlay Health Clubs and Gymnasiums C N C Miniature Golf Courses MC N P Public Auditorium /Auditoriums P N P Skating Rinks MC N P Video Arcades C N C Religious Institutions Churches C' A* C' A* C' A* Monasteries, Convents, or Similar Religious Quarters C C C Repair Services Electrical and Household Appliances Repair P N N Furniture Refinishing P N N Furniture Reupholstering' P N N Lawnmower Repair /Sales Shops'- P N N Machine Shops'- C N N Welding Shops'- C N N Residential Uses Accessory Guest Houses P 44C P Accessory Rental Units ( "Granny Flats ") P 14C P Boarding or Rooming Houses P C P Caretaker's Unit P C P Congregate Care Facilities P C P Day Care Centers, Small Family -1 to 8 Children P P P Day Care Centers, Large Family -7 to 14 Children C C C Duplexes P N P N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use A* = Permitted as an Accessory Use in Assembly Buildin s 1. uses are permitted in the western portion of the 6" Street Overlay. Table 17.03 -4 Permitted Land Uses For Overla y Zone Districts continued m 6 St Overlay Beaumont Ave. . OAve rban Village ... Overlay Group or Community Care Facilities -6 or fewer persons) P P P Group or Community Care Facilities -7 or more persons) C C C Home Occupation Businesses P P C Mobile Home Parks N N N Mobile Home or Manufactured Housing Units Single Lot C N P Multiple - Family, Apartments & Condominiums P N P Planned Residential Developments P N P Senior Housing Developments P C P Single- Family Dwellings P C P Restaurant Delicatessens P P P Fast -Food Restaurants - Without Drive -Thru P NA P Fast -Food Restaurants - With Drive -Thru P N P Sit -Down Restaurants P P P Sit Down restaurant with live Entertainment C C C Restaurants that serve alcohol C C C Service Organizations Philanthropic and Charitable Institutions P P P Service Organizations P P P Temporary Uses Street/Craft Fairs and Farmers' Markets P P P Temporary Structures Such as Subdivision Sales Offices P P P N = Not Permitted P = Permitted C = Conditionally Permitted Table 17.03 -4 Permitted Land Uses For Overla y Zone Districts continued e St Overlay Beaumont Ave. Overlay Urban Village Overlay Seasonal Outdoor Sales ( <30 days) P P P Outdoor Displays P P P Parking Lot Sales P P P Amusement Enterprises P NC P Transportation Facilities Bus Passenger Terminals P N P Charter Bus Companies C N C Motor Vehicle Transportation (Taxi /Shuttle) P N N Truck Stops and Terminals C N N N = Not Permitted P = Permitted C = Conditional) Permitted ORDINANCE NO. 1007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING TABLE 17.03 -3 AND TABLE 17.03 -4 OF CHAPTER 17 OF THE BEAUMONT MUNICIPAL CODE ENTITLED`ZONING' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Table 17.03 -3, entitled`Permitted Land Uses for Base Zone Districts; is hereby amended to the Beaumont Municipal Code to read as more specifically provided for in Exhibit `X which Exhibit is attached hereto and made a part hereof. Section 2: Table 17.03 -4, entitled`Permitted Land Uses for Overlay Zone Districts; is hereby amended to the Beaumont Municipal Code to read as more specifically provided for in Exhibit`B; which Exhibit is attached hereto and made a part hereof. Section 3: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this day of , 2011, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this day of , 2011, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF BEAUMONT IM ATTEST: Deputy City Clerk Brian De Forge, Mayor CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 1007 duly introduced at a regular meeting of the City Council of the City of Beaumont held on , 2011, and was duly adopted upon a second reading on , 2011, by the roll call votes indicated therein. CITY OF BEAUMONT (SEAL) Deputy City Clerk 2 EXHIBIT "A" 17.03.120 Permitted Uses for Base Zone Districts. The permitted uses for the Base Zone Districts (identified herein in Section 17.03.40 through 17.03.110) are listed in Table 17.03 -3. Table 17.03 -3 Permitted Land Uses For Base Zone Districts RC PF RR RSF RMF'' CG CC M Administrative Professional Services Administrative /Professional Offices N N N N N P P P Advertising Agencies N P N N N P P C Architectural /Engineering /Design Services N P N N N P P C Attorney /Legal Services N P N N N P P C Business Management Services N P N N N P P C Government Offices P P P P P P P P Travel Agencies N P N N N P P C Agricultural Uses Animal Keeping (Commercial Use) N N P C N C C C Animal Keeping (Accessory Use) N A A A A C C C Animal Rescue Facilities N N P C N N N C Apiaries N N P C N N N N Aviaries N N P N N N N C Catteries N N P C N C C C Commercial Growing Establishments N N P N N N N C Dairies N N P N N N N N Kennels (all Classes) N N P C N C C C Produce Stands N N P N N N N N Stables N N P N N N N N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03 -3 Permitted Land Uses For Base Zone Districts continued L and Use RC PF RR RSF RMF CG CC M Alcohol Service and Sales Bars or Cocktail Lounges C N N N N C C C Liquor Stores N N N N N C C N Restaurants with Alcoholic Beverage Sales C N N N N C C C Automotive Services Automobile, Motorcycle, and Marine Craft Sales (New and Used) N N N N N P P C Automobile Parking Facilities N N N N N P P P Automobile Rental Agencies N N N N N P P P Automobile Repair Facilities N N N N N P P P Automobile Towing and /or Wrecking Facilities N N N N N N N C Body and Paint Shops N N N N N C C C Car Wash N N N N N C C C Gas /Service Stations C N N N N C C C Limousine Services N N N N N P P P Towing Services With Indoor Vehicle Service N N N N N C C C Towing Services With Outdoor Vehicle Storage N N N N N N N C Truck/Trailer Rentals N N N N N C C P Communications Facilities Cellular Communication Facilities C N N N N C C C Cellular - Stealth C N N N N C C C Cellular - Non - Stealth N N N N N C C C Radio and Television Broadcasting Studios N N N N N N P P Recording and Sound Studios N N N N N N P P N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 11.03.3 Permitted Land Uses For Base Zone Districts continued Land Use RC PF RR RSF RMF CG CC M Satellite Dishes (Non- Private) N N N N N P P P Satellite Dishes (Private Use) N N P P P N N C Ham Radio Antennae (Private Use) N N P P P P P P Daycare Facilities Commercial Day Care Facilities N N N N N P P C Educational Establishments Elementary, Junior, and High Schools /Public N P P P P N N N Elementary, Junior, and High Schools /Private N P P P P N N N Vocational and Trade Schools N P P P P C C N Food and Beverage Sales , Bakeries N N N N N P P P Catering Establishments N N N N N P P P Convenience Markets N N N N N P P P Grocery Stores /Supermarkets N N N N N P P N Grocery Store, Alcohol Sales N N N N N C C N General Merchandise and Trade Antique Sales N N N N N P P A Appliance Sales N N N N N P P C Art Galleries and Supplies N N N N N P P N Beauty Supplies N N N N N P P N Books and Magazines N N N N N P P N Building Materials N N N N N C P P Building Materials with outdoor sales /storage N N N N N C C P Camera and Photographic Supplies N N N N N P P N Candy Stores N N N N N P P N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table Permitted Land Uses For 17.03 -3 Base Zone Districts- continued Land Use RC PF RR RSF RMF CG CC M Cigar /Cigarette Shops N N N N N C C N Clothing Stores N N N N N P P N Department Stores N N N N N P P N Discount Stores N N N N N P P N Electronic Equipment Sales N N N N N P P C Equipment Sales and Rentals N N N N N C C P Florists N N N N N P P N Freight Forwarding Services N N N N N P P P Furniture and Home Furnishings N N N N N P P N Garden Supply N N N N N P P N Gifts, Crafts, and Novelties N N N N N P P N Guns and Ammunition N N N N N P P C Hardware Stores N N N N N P P N Hobby, Toy and Game Stores N N N N N P P N Indoor Swap Meets N N N N N N C C Jewelry Sales and Repair N N N N N P P N Leather Goods N N N N N P P N Luggage Sales N N N N N P P N Office Equipment, Furniture, and Supplies N N N N N P P C Pet Sales and Supplies N N N N N P P C Records, Tapes, and Videos N N N N N P P N Retail, Other Specialty N N N N N P P N Sporting Goods and Equipment N N N N N P P N Surplus Stores N N N N N P P C Thrift and Second -Hand Stores N N N N N C C N Variety Stores N N N N N P P N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03 -3 Permitted Land Uses For Base Zone Districts continued Land Use RC PF RR RSF RMF CG CC M Wholesale Establishments N N N N N P P C Lodging Bed and Breakfast Facilities C N N N N P P N Emergency Shelters N N N N N P C C Hotels and Motels C N N N N P P C Residence Inns C N N N N P P N Single -Room Occupant (SRO) Facilities N N N N N C C N Trailer Parks and Campsites N N N N C N N N Transitional Housing N N N N C C C N Manufacturing and Industrial Apparel/Textile Products N N N N N N N P Assembly Plants N N N N N N N P Bottling Plants N N N N N N N P Bulk Postal Service Facilities N N N N N N N P Chemicals N N N N N N N P Contract Construction Services N N N N N N N P Data Services N N N N N N N P Exterminating Services N N N N N C C P Feed and Fuel Yards N N N N N N N P Food and Kindred Products N N N N N N N P Furniture N N N N N N N P Lumber/Wood Products N N N N N N N P Moving and Storage Establishments N N N N N N N P Metal Salvage Yards N N N N N N N P Paper Products N N N N N N N P N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03 -3 Permitted Land Uses For Base Zone Districts continued Land Use RC PF RR RSF RMF CG CC M Petroleum - Related Materials N N N N N N N C Primary Metal Industries (Electroplating) N N N N N N N C Printing /Publishing N N N N N N N P Professional /Scientific /Electronic Products N N N N N N N P Research Services and Laboratories N N N N N N N P Retail Sales of Products Manufactured or Stored On -Site N N N N N N N P Sandblasting and Beadblasting N N N N N C, A C, A C Taxidermy N N N N N N N C Medical /Health Care Ambulance Services N N N N N P P P Animal HospitalsNeterinaries N N N N N P P P Clinics N N N N N P P C Convalescent Homes N N C C C P P N Chemical Dependency Clinics N N N N C C N N Hospitals N N N N N P P N Medical /Dental Offices N N N N N P P N Pharmacies N N N N N P P N Pharmacies, with drive - through N N N N N C C N Personal Services Banking, Credit Unions, Financial Services N N N N N P P N Barbers and Beauty Parlors N N N N N P P N Cemeteries N C C C C C C C Check Cashing Services N N N N N P P N F N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03 -3 Permitted Land Uses for Base Zone Dis #rcts continued Land Use RC PF RR RSF RMF CG CC M Commercial Pet Grooming Services N N N N N P P C Dry Cleaners N N N N N P P N Funeral Parlors, Mortuaries N N N N N C C C Laundries, Laundromats N N N N N P P C Locksmith and Key Shops N N N N N P P P Pawnbrokers N N N N N C C N Photocopying and Photo Developing Services N N N N N P P P Photography Studios N N N N N P P N Shoe Repair Shops N N N N N P P C Tailors N N N N N P P C Tattoo /Body Piercing Services N N N N N C C N Public and Quasi - Public Uses Community Recreation Centers P P N N N N N N Cultural Facilities P P N N N N N N Libraries P P N N N C C N Museums P P N N N C C N Parks P P N N N N N N Public Safety Facilities N P N N N P P P Senior Citizen Activity Centers N P N N N P P N Recreation and Entertainment Adult- Oriented Businesses N N N N N N N C Amusement Parks N N C N N C C C Athletic Fields N P P P P N N N Batting Cages N N N N N C C C Billiard and Pool Halls N N N N N C C N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03 -3 Permitted Land Uses For Base Zone Districts continued Land Use RC PF RR RSF RMF CG CC M Bowling Alleys N N N N N P P N Dance Studios N N N N N P P N Golf Driving Ranges C N N N N N C C Health Clubs and Gymnasiums N N N N N C C C Miniature Golf Courses N N C N N C C N Off -Road Mini -Bike and Motorcross Courses C N C N N N C C Public Auditorium /Auditoriums N P N N N P P N Shooting Range (Indoor) N N N N N N N C Skating Rinks N N N N N N C C Video Arcades N N N N N C C N Recycling Collection Facilities N N N N N C C C Processing Facilities N N N N N C C C Religious Institutions Churches N C C C C C, A* C, A* C Monasteries, Convents, or Similar Religious Use N N C C C C C C Repair Services Electrical and Household Appliances Repair N N N N N P P P Furniture Refinishing N N N N N P P P Furniture Reupholstering N N N N N C C P Lawnmower Repair /Sales Shops N N N N N P P P Machine Shops N N N N N C C P Welding Shops N N N N N C, A C, A P N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use A* = Permitted as an Accessory Use in Assembly Buildings Fable 17. 03 -3`` Permitted Land Uses For Base Zone Districts +continued Land Use RC P RSF RMF CG CO M Residential Uses Accessory Guest Houses N N P P P N N N Accessory Rental Units ( "Granny Flats ") N N P P P N N N Boarding or Rooming Houses N N C C C N N N Caretaker's Unit N N P N P P* N C Congregate Care Facilities N N N N C C C N Day Care Centers, Small Family- 1 to 8 Children N N P P P N N N Day Care Centers, Large Family -7 to 14 Children N N C C C C N N Duplexes N N N N P N N N Group or Community Care Facilities - 6 or fewer persons) N N P P P N N N Group or Community Care Facilities - 7 or more persons) N N C C C N N N Home Occupation Businesses N N P P P N N N Mobile Home Parks N N N N C N N N Mobile Home or Manufactured Housing Units Single Lot N N P P P N N N Multiple - Family, Apartment & Condominiums N N N N P P* N N Planned Residential Developments N N P P P N N N Senior Housing Developments N N P P P C N N Single - Family Dwellings N N j P j P j N N Restaurant Delicatessens N N N I N N P P P N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use *Only allowed for Properties on Sixth Street Table 17.03 -3 Permitted Lanai Uses For Base Zone Districts continued Land Use RC P RR RSF RMF CG CC M Fast -Food Restaurants - Without Drive- Thru N N N N N P P N Fast -Food Restaurants - With Drive -Thru N N N N N C C N Sit -Down Restaurants C N N N N P P N Sit Down Restaurant with live Entertainment C N N N N C C N Restaurant, serving alcohol C N N N N C C N Service Organizations Philanthropic and Charitable Institutions N N N N N P P C Service Organizations N N N N N P P C Temporary Uses Street/Craft Fairs and Farmers' Markets N C N N N C C N Temporary Structures (Subdivision sales Office) C N P P P P P P Christmas Tree /Pumpkin Lots, and Similar, Not Exceeding 30 Days C C C C C C C C Outdoor Displays N N N N N C C C Parking Lot Sales N C N N N C C C Amusement Enterprises N C N N N C C C Transportation facilities Bus Passenger Terminals N N N N N C C C Charter Bus Companies N N N N N C C C Motor Vehicle Transportation (Taxi /Shuttle) N N N N N C C C Truck Stops and Terminals N N N N N C C C N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03 -3' Permitted Land Uses For Base Zone Districts continued Land Use RC PF RR RSF R' MF CG CC M Utilities Public Utility /Service Structures N P N N N N N P Sewage Disposal Facilities/Waste Transfer N P N N N N N P Utility Company Offices N N N N N P P P Water Storage, Distribution, and Collection Facilities N P N N N N N N Public Storage Facilities N N N N N C C C N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use EXHIBIT "B" 17.03.150 Permitted Uses for Overlay Zone Districts. The permitted uses for the Beaumont Avenue, 6 th Street, and Urban Village Overlay Zones are listed in Table 17.03 =4. Table 17.03 -4 Permitted Land Uses For Overlay Zone Districts m 6 St Overlay Beaumont Ave. . OAve rban Village Overlay Administrative Professional Services Administrative /Professional Offices P P P Advertising Agencies P P P Architectural /Engineering /Design Services P P P Attorney /Legal Services P P P Business Management Services P P P Government Offices P P P Travel Agencies P P P Alcohol Service and Sales Bars or Cocktail Lounges C C C Liquor Stores C C C Restaurants with Alcoholic Beverage Sales C C C Automotive Services Automobile, Motorcycle, and Marine Craft Sales (New and Used) P N C Automobile Parking Facilities P C N Automobile Rental Agencies P C N Automobile Repair Facilities C N N Body and Paint Shops C N N Car Wash C N C Gas /Service Stations C N C Limousine Services P C N N = Not Permitted P = Permitted C = Conditional) Permitted Table 17.03 -4' Permitted Land Uses For `Overla y Zone Districts continued . to 6 St Overlay Beaumont Ave. . OAve rban Pillage Overlay Towing Services - With Indoor Vehicle Service C N N Truck/Trailer Rentals C N N Communications Facilities Cellular Communication Facilities (stealth) C C C Radio and Television Broadcasting Studios P C P Recording and Sound Studios P C P Satellite Dishes (Non- Private) P P P Satellite Dishes (Private Use) P P P Ham Radio Antennae (Private Use) P P P Daycare Facilities Commercial Day Care Facilities C C C Educational Establishments Elementary, Junior, and High Schools /Public P P P Elementary, Junior, and High Schools /Private P P P Vocational and Trade Schools P P P Food and Beverage Sales Bakeries P P P Catering Establishments P P P Convenience Markets P P P Grocery Stores /Supermarkets P N P General Merchandise and Trade Appliances P P P Art Galleries and Supplies P P P Beauty Supplies P P P Books and Magazines P P P Building Materials P N N N = Not Permitted P = Permitted C = Conditional) Permitted Table 17.03 -4 Permitted Land Uses For Overlay Zone Districts 'continued stn St Overlay Beaumont Ave. Over la Urban Village, Overlay Building Materials with outdoor sales /storage C N N Camera and Photographic Supplies P P P Candy Stores P P P Cigar /Cigarette Shops C C C Clothing Stores P C P Department Stores P C P Discount Stores P N P Electronic Equipment P C P Equipment Sales and Rentals (indoor) C N N Florists P P P Freight Forwarding Services P N P Furniture and Home Furnishings P N P Garden Supply P C P Gifts, Crafts, and Novelties P P P Guns and Ammunition P P P Hardware Stores P C P Hobby, Toy and Game Stores P P P Indoor Swap Meets C N N Jewelry Sales and Repair P P P Leather Goods P C P Luggage Sales P C P Office Equipment, Furniture, and Supplies P N P Pet Sales and Supplies P P P Records, Tapes, and Videos P P P Retail, Other Specialty P P P N = Not Permitted P = Permitted C = Conditionally Permitted Table 17.03 -4 Permitted Land Uses For Overla y Zone Districts continued �n 6 St Overlay Beaumont Ave. OAve Urban Village; Overlay Sporting Goods and Equipment P C P Surplus Stores C N N Thrift and Second -Hand Stores C N N Variety Stores C N C Wholesale Establishments P N P Lodging Bed and Breakfast Facilities P C P Hotels and Motels P N P Residence Inns P N P Single -Room Occupant (SRO) Facilities C C N Transitional Housing C C N Medical /Health Care Ambulance Services C C N Animal Hospitals/Veterinaries P N P Clinics P P P Convalescent Homes C C C Chemical Dependency Clinics C N C Hospitals C N C Medical /Dental Offices P P P Pharmacies P N P Pharmacies, with drive - through P N P Personal Services Banking, Credit Unions, Financial Services P P P Barbers and Beauty Parlors P P P Cemeteries N N N Check Cashing Services P N N Commercial Pet Grooming Services P P P N = Not Permitted P = Permitted C = Conditionally Permitted Table 17.03 -4 Permitted Land Uses For Overly y Zone Districts continued th 6 St Overlay Beaumont Ave. Overlay Urban Village Overlay Dry Cleaners P P P Funeral Parlors, Mortuaries P C P Laundries, Laundromats P P P Locksmith and Key Shops P P P Pawnbrokers C N N Photocopying and Photo Developing Services P P P Photography Studios P P P Shoe Repair Shops P P P Tailors P P P Tattoo /Body Piercing Services C N C Public and Quasi- Public Uses Community Recreation Centers P P P Cultural Facilities P P P Libraries P P P Museums P P P Parks P P P Public Safety Facilities P P P Senior Citizen Activity Centers P j P j P Recreation and Entertainment Amusement Parks C N P Athletic Fields N N P Batting Cages C N P Billiard and Pool Halls C C C Bowling Alleys P N P Dance Halls and Studios P N P ptt ing Ranges N N C N = Not Permitted P = Permitted C = Conditionally Permitted Table 17.03 -4 Permitted Land Uses For Overla y Zone Districts continued 6 St Overlay Beaumont Ave. . OAve rban Village Overlay Health Clubs and Gymnasiums C N C Miniature Golf Courses C N P Public Auditorium /Auditoriums P N P Skating Rinks C N P Video Arcades C N C Religious Institutions - Churches C, A* C, A* C, A* Monasteries, Convents, or Similar Religious Quarters C C C Repair Services Electrical and Household Appliances Repair P N N Furniture Refinishing P N N Furniture Reupholstering' P N N Lawnmower Repair /Sales Shops' P N N Machine Shops'- C N N Welding Shops'- C N N Residential Uses Accessory Guest Houses P C P Accessory Rental Units ( "Granny Flats ") P C P Boarding or Rooming Houses P C P Caretaker's Unit P C P Congregate Care Facilities P C P Day Care Centers, Small Family -1 to 8 Children P P P Day Care Centers, Large Family -7 to 14 Children C C C Duplexes P N P N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use A* = Permitted as an Accessory Use in Assembly Buildings 1. uses are permitted in the western portion of the 6t Street Overlay. Table 17.03 -4 Permitted Land Uses For Overlay Zone Districts continued m � St Overlay Beaumont Ave. . OAve rban Village Overlay Group or Community Care Facilities -6 or fewer persons) P P P Group or Community Care Facilities -7 or more persons) C C C Home Occupation Businesses P P C Mobile Home Parks N N N Mobile Home or Manufactured Housing Units Single Lot C N P Multiple - Family, Apartments & Condominiums P N P Planned Residential Developments P N P Senior Housing Developments P C P Single - Family Dwellings P C P Restaurant Delicatessens P P P Fast -Food Restaurants - Without Drive -Thru P A P Fast -Food Restaurants - With Drive -Thru P N P Sit -Down Restaurants P P P Sit Down restaurant with live Entertainment C C C Restaurants that serve alcohol C C C Service Organizations Philanthropic and Charitable Institutions P P P Service Organizations P P P Temporary Uses Street/Craft Fairs and Farmers' Markets P P P Temporary Structures Such as Subdivision Sales Offices P P P N = Not Permitted P = Permitted C = Conditional) Permitted Table 17.03 -4 Permitted Land Uses For Overla y Zone Districts continued 6th 6 St Overlay Beaumont Ave. . OAve rban Village Overlay Seasonal Outdoor Sales ( <30 days) P P P Outdoor Displays P P P Parking Lot Sales P P P Amusement Enterprises P C P Transportation facilities Bus Passenger Terminals P N P Charter Bus Companies C N C Motor Vehicle Transportation (Taxi /Shuttle) P N N Truck Stops and Terminals C I N N N = Not Permitted P = Permitted C = Conditional) Permitted 0**, AGENDA ITEM q, To: Mayor and City Council Members From: Frank Coe, Chief of Police By: Sean Thuilliez, Police Commander A"Wml• 4e" zrya"te", Gat xwon Agenda Date: December 20, 2011 Subject: Ordinance 1009: Parolee / Probationer Home Background/ Summary: On December '6, 2012 City Council adopted the first reading of Ordinance 1009 regulating Parolee/ Probationer Homes within the City of Beaumont. Upon review of the Ordinance, staff discovered that we had failed to include a requirement for the review of personnel that will be assigned to oversee these establishments. The purpose of the review is to ensure that staff members are not themselves convicted of crimes that would prohibit them from overseeing these facilities, as well as provide a point of contact for the police department to address any concerns or complaints that may be generated by the facility. The addition has been included for your review: "Any owner /operator of an Parolee/ Probationer Home and any person designated as a house manager or other staff shall provide his or her full name, current residence and phone number, date of birth, social security number, prior employment history, education, driver's license number, history of criminal convictions, if any, and any other information the Beaumont Police Department reasonably requires to perform a criminal background check through the State Department of Justice and/or United States Department of Justice. No person shall begin employment with the Parolee/ Probationer Home until this information has been provided, and the subject has been approved by the Chief of Police or his/ her designee" Recommendation: Staff recommends that the City Council approve the second reading of Ordinance No. 1009, including the amendment as noted, adding Chapter 17.16 to the Beaumont Municipal Code. ORDINANCE NO. 1009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 17.16 "PAROLEEIPROBATIONER HOME" OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 17.16, entitled "Parolee /Probationer Home ", is hereby added to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "A ", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 6th day of December, 2011, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox and Gall NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 20th day of December, 2011, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Deputy City Clerk Brian De Forge, Mayor Exhibit A Chapter 17.16 Parolee/Probationer Home 17.16.010 Applicability and Conditional Use Permit Requirements 17.16.020 Development regulations 17.16.020 Conditional Use Permit Findings. 17.16.030 Special Noticing Requirements 17.16.040 Public Nuisance 17.16.050 Nonconforming Use 17.16.060 Amortization 17.16.070 Definitions 17.16.010 Applicability and Conditional Use Permit Requirements. A Conditional Use Permit, pursuant to Chapter 17.02. 100 of this Zoning Code, is required for the establishment of any parolee /probationer home. 17.16.020 Development regulations. Parolee /probationer home shall comply with the development, locational and all other applicable regulations of the Zoning District in which the use is proposed to locate. In addition, the parolee /probationer home shall comply with all of the following locational and operational standards: 1. Locational Requirements. When a Conditional Use Permit for a parolee /probationer home is requested, the parolee /probationer home shall be located: a. A minimum of 660 feet away from any existing or proposed school, university, college, student housing, child care facility, public park, religious institution, hospital, youth facility, or other similar uses, as reasonably determined by the Planning Director. The distance between the parolee /probationer home and school, university, college, student housing, child care facility, public park, religious institution, hospital, youth facility or other similar use shall be measured from the closest exterior wall of the parolee /probationer home and the nearest property line included within the school, university, college, student housing, child care facility, public park, religious institution, hospital, youth facility or other similar use, along a straight line extended between the two points, without regard to intervening structures; and b. A minimum of 1,320 feet away from an existing parolee /probationer home or other similar use. The distance between parolee /probationer homes shall be measured from the closest exterior wall of one parolee /probationer home and the nearest property line included within the other parolee /probationer home, along a straight line extended between the two points, without regard to intervening structures. For the purposes of the locational requirements set forth in this subsection, "other similar use" or an "existing parolee /probationer home" shall also include any residential structure or unit, including any hotel or motel, whether owned and/or operated by an individual or for - profit or nonprofit entity, which houses at least two parolees /probationers, in exchange for monetary or nonmonetary consideration given and/or paid by the parolee /probationer and/or any individual or public or private entity on behalf of the parolee /probationer, including alcohol and/or drug -free residential recovery home, community care facility, residential care facility and other such facilities. 2. Operational Requirements. Parolee /probationer homes shall comply with the following operational requirements: a. Each parolee /probationer home shall be limited to a maximum number of six (6) parolees or probationers, and each bedroom in the house /home may not exceed two parolees or probationers. b. Multiple - family dwellings or apartments with less than 25 units shall be limited to one parolee /probationer home. C. Multiple - family dwellings or apartments with 25 or more units shall be limited to two parolee /probationer homes. d. Notwithstanding the definition of parolee /probationer home in Section 17.16.070 or any other provision of the City of Beaumont Zoning Code or the City of Beaumont Municipal Code, hotels and/or motels with 14 rooms or less cannot provide transient lodging services or accommodations to more than three parolees during any 28 consecutive day period regardless of any length of their respective stays; and hotels and/or motels with 15 rooms or more cannot provide transient lodging services or accommodation to more than five parolees during any 28 consecutive day period regardless of the length of their respective stays. e. As determined by the Chief of Police or his/her designee, the property owner or a designated on -site manager must live full -time on the site of the parolee /probationer home, and the name and phone number of this individual shall be provided to the Chief of Police or his /hdr designee. f. The Police Department shall be provided with a weekly update of the names of all parolees/ probationers living at the parolee /probationer home. The updates required by this section may be in any of the following forms: in writing via electronic mail or facsimile. g. Any owner /operator of an Parolee/ Probationer Home and any person designated as a house manager or other staff shall provide his or her full name, current residence and phone number, date of birth, social security number, prior employment history, education, driver's license number, history of criminal convictions, if any, and any other information the Beaumont Police Department reasonably requires to perform a criminal background check through the State Department of Justice and/or United States Department of Justice. No person shall begin employment with the Parolee/ Probationer Home until this information has been provided and the subject has been approved by the Chief of Police or his/ her designee"; 17.16.020 Conditional Use Permit Findings. An application for a Conditional Use Permit for parolee /probationer home may be approved and/or modified, in whole or in part, only if the findings in Section 17.02.100 of this Zoning Code are first made. Additionally, in evaluating each request for approval of a Conditional Use Permit for a parolee /probationer home, particular attention shall be directed to the physical relationship and proximity of the proposed use to similar uses on the same or surrounding sites, the compatibility of the proposed use with neighboring uses (i.e., schools, parks, and other similar uses) and to ensuring that the proposed use will not result in harm to the health, safety or general welfare of the surrounding neighborhood or substantial adverse impacts on adjoining properties or land uses. 17.16.030 Special Noticing Requirements. In addition to the notice and hearing requirements required for Conditional Use Permits, all property owners within 1,000 feet of the proposed parolee /probationer home, as measured from the subject property lines, shall be notified of the proposed Conditional Use Permit. 17.16.040 Public Nuisance. The establishment, maintenance or operation of a parolee /probationer home in violation of the regulations of this section or in violation of the conditions of approval of an approved conditional use permit is declared to be a public nuisance and may be abated by the City pursuant to applicable provision of the City of Beaumont Municipal Code, City of Beaumont Zoning Ordinance or any available legal remedies, including but not limited to civil injunctions. 17.16.050 Nonconforming Use. Any parolee /probationer home lawfully existing prior to the effective date of the ordinance codified in this section is a legal nonconforming use, subject to applicable nonconforming use regulations of Chapter 17.08 of the City of Beaumont Zoning Ordinance. 17.16.060 Amortization. 1. Any parolee /probationer home regulated under provisions of this section which is a nonconforming use on the effective date of the ordinance codified in this chapter shall be subject to an amortization period expiring one year from the effective date of the ordinance codified in this section. 2. Amortization — Notice. The Community Development Department shall provide written notice to the property owner or operator at least 120 days prior to the expiration of this amortization period. This notice is not mandatory and lack of notice shall not be deemed to prevent the City from initiating an action seeking declaratory or injunctive relief against the owner and/or operator of such business. However, if notice of expiration of amortization period is not given, any application by the owner or owner of the parolee /probationer home for an extension of the amortization period shall not be denied on the grounds that it is untimely. 3. Amortization— Application for Extension. a. The property owner may file an application with the Community Development Department for an extension of the amortization period. The applicant must state: i. Whether a previous extension has been requested and granted, as well as the date of the previous request; and ii. The efforts that will be made to conform by the conclusion of the extended period. b. The property owner's application shall be made in writing and shall be accompanied by the required fee as established by the City Council. C. Any application for an extension of the amortization period shall be made prior to the expiration of the amortization period unless the Planning Community Development Director determines that good cause exists for the late filing of the application. 4. Amortization — Decision to Grant or Deny Extension. a. The Planning Commission shall hold a public hearing at which time it shall consider the evidence and testimony regarding the request for an extension of the amortization period. The Planning Commission shall grant or deny an application for extension of the amortization period. b. In rendering its decision, the Planning Commission shall determine whether the parolee /probationer home has been provided with a reasonable amortization period commensurate with the investment involved. If the Planning Commission determines that the amortization period is not reasonable, it shall prescribe an amortization period that is commensurate with the investment involved. The burden shall be on the applicant to establish that the extension should be granted. C. The Planning Commission shall consider the following factors in making its determination: i. The parolee /probationer homeowner's financial investment in the renting out rooms, units, homes to parolee /probationers; ii. The present actual and depreciated value of business improvements; iii.The applicable Internal Revenue Service depreciation schedules; iv. The remaining useful life of the rental improvements; v. The remaining lease terms, if any; vi. The cost of relocating the parolee /probationer home to a site conforming to the provisions of this chapter, if applicable; vii. The ability of the parolee /probationer home and/or owner to change the use to a conforming use; and viii. The secondary effects of the parolee /probationer home adult business on the health, safety and welfare of surrounding community, residential dwellings, businesses and/or uses if the parolee /probationer home is permitted to extend the amortization period. d. The Planning Commission's decision shall be in writing, and shall be hand delivered or sent by certified mail to the applicant. 5. Amortization - Appeal. Any interested person may appeal the decision of the Planning Commission to the City Council in writing within 15 days after the written decision of the Planning Commission in accordance with the provisions of Sections 17.02.060 of this Zoning Ordinance. 6. Amortization — Public Nuisance. The City Council declares to be a public nuisance any parcel where a parolee /probationer home is operating and where the amortization period as a legal nonconforming use has expired and (a) no application for an extension is on file or has been granted, or (b) no application for parolee /probationer home Conditional Use Permit is on file or has been granted. 17.16.060 Definitions 1. Parolee/Probationer: An individual as follows: A. Convicted of a federal crime, sentenced to a United States federal prison, and received conditional and revocable release in the community under the supervision of a federal probation/parole officer; or B. Who is serving a period of supervised community custody as defined by State Penal Code 3000, following a term of imprisonment in a State prison or County jail, and is under the jurisdiction of the California Department of Corrections, Division of Adult Parole Operations; or C. An adult or juvenile individual sentenced to a term in the California Youth Authority and received conditional and revocable release in the community under the supervision of a Youth Authority parole officer; or 4. An adult or juvenile offender released from county jail or state prison after October 1, 2011, on Post Release Community Supervision.