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Agendas - Dec. 06, 2011
Agenda Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority Beaumont Charitable Foundation Beaumont Conservation Authority 550 E. 6th Street, Beaumont, California Regular Session (6:00 p.m.) Workshop (after Regular Session.) Closed Session (after Workshop Session) Tuesday, 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. a 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: Father Deebar at Blessed Kateri Tekakwitha Pledge of Allegiance: Presentation: Southern California Edison — Proclamation to the City RTA Award 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 &avel) 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 gnat 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) 1" Wednesday of each Month — Beaumont Care Awareness Team 6) 1 s' Wednesday of Each Month - TEAM (Transportation Education Awareness & Marketing) Meeting 7) 2nd and 3rd Wednesday of Each Month — Story Time Cafe d. Rumor Control, and Report on Oral and Written Communications 3. CONSENT CALENDAR (This portion of the Agenda is for items that do not require a Public Hearing or discussion.) a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary b. Approval of the Minutes of the City Council Meeting 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 (RSl 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. 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. 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. 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. 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. G. 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. 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. 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. 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. 5. WORKSHOP a. Green building Policy for Municipal Facilities (Grant) 6. 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 only to hear public comments and no action can be taken. 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. 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 Adjournment of the City Council Meeting at p.m. Any Person with a disability who requires accommodations in order to participate in this meeting should telephone Shelby Hanvey at 951 - 769 -8520 ext. 323, at least 48 hours prior to the meeting in order to make a request for a disability - related modification or accommodation Beaumont Charitable Foundation Financial Status as of October 31, 2011 Designated: PD Explorer Post Shop with a Hero Beaumont Youth Activities League Pass Area Youth Court Adopt -a -Cop Animal Care CVP MDA Amount available for undesignated purposes: Total Charitable Foundation Cash Balance Balances October Balances September 2011 Activity October 2011 500 500 1,500 500 2,000 1,324 40 1,364 163 (150) 13 1,224 (740) 484 88 (34) 54 900 900 5,428 980 6,408 11,127 596 11,723 1,627 314 1,941 12,754 910 13,664 11/30/2011 City of Beaumont General Fund Revenue and Expenditures October 31, 2011 Licenses and permits: Building permits 133,333 77,416 0 77,416 (55,917) -42% Other licenses and permits 41,667 18,807 0 18,807 (22,860) -55% 175,000 96,223 0 96,223 (78,777) -45% Intergovernmental revenue: Motor vehicle in lieu 900,000 89,671 855,000 944,671 44,671 5% Other revenue 0 0 0 0 0 0% 900,000 89,671 855,000 944,671 44,671 5% Charges for services: Building & Development 733,333 Actual- Accruals/ Adjusted Variance -18% Police services 4 Months Cash Basis Adjustments Balance Favorable Percentage Refuse collection Budget 10/31/2011 10/31/2011 10/31/2011 (Unfavorable) Difference REVENUES 8,333 15,269 (7,000) 8,269 (64) -1% Taxes: 21,667 22,161 0 22,161 494 2% Property taxes 1,400,000 278,389 720,000 998,389 (401,611) -29% Sales taxes 1,173,333 842,046 291,000 1,133,046 (40,287) -3% Utility Users tax 466,667 429,611 43,000 472,611 5,944 1% Franchises 250,000 179,754 82,000 261,754 11,754 5% Business Licenses 66,667 36,922 30,000 66,922 255 0% T.O.T. 83,333 101,702 (18,000) 83,702 369 0% TOTAL EXPENDITURES 3,440,000 1,868,424 1,148,000 3,016,424 (423,576) -12% Licenses and permits: Building permits 133,333 77,416 0 77,416 (55,917) -42% Other licenses and permits 41,667 18,807 0 18,807 (22,860) -55% 175,000 96,223 0 96,223 (78,777) -45% Intergovernmental revenue: Motor vehicle in lieu 900,000 89,671 855,000 944,671 44,671 5% Other revenue 0 0 0 0 0 0% 900,000 89,671 855,000 944,671 44,671 5% Charges for services: Building & Development 733,333 750,573 (150,000) 600,573 (132,760) -18% Police services 20,000 9,001 0 9,001 (10,999) -55% Refuse collection 1,333,333 90,696 1,240,000 1,330,696 (2,637) 0% Swimming pool 8,333 15,269 (7,000) 8,269 (64) -1% Recreation program 21,667 22,161 0 22,161 494 2% PASIS Services 5,000 14,000 (9,000) 5,000 0 0% Miscellaneous 10,333 3,838 0 3,838 (6,495) -63% Bond Administration 2,132,000 905,538 1,074,000 1,979,538 (152,462) -7% Fines and forfeitures: General and vehicles 100,000 47,279 45,000 92,279 (7,721) -8% Use of money and property: 0 4,700 0 4,700 4,700 100% Interest 833,333 671,400 223,000 894,400 61,067 7% Property Rental 33,333 53,876 0 53,876 20,543 62% Miscellaneous 16,667 34,828 0 34,828 18,161 109% Gas Tax transfer 883,333 760,104 223,000 983,104 99,771 11% Other financing sources: Admin O/H allocation 700,000 525,225 175,000 700,225 225 0% Sale of property 0 4,700 0 4,700 4,700 100% Cost recovery 433,333 260,614 172,000 432,614 (719) 0% Abandoned Vehicle 3,333 3,291 0 3,291 (42) -1% Grant revenue 0 0 0 0 0 0% Gas Tax transfer 266,667 200,000 66,000 266,000 (667) 0% Bond Administration 1,166,667 875,000 292,000 1,167,000 333 0% Other transfers (206,333) (337,643) 131,000 (206,643) (310) 0% 2,363,667 1,531,187 836,000 2,367,187 3,520 0% TOTAL REVENUES 9,994,000 5,298,426 4,181,000 9,479,426 (514,574) -5% TOTAL EXPENDITURES 9,994,000 7,454,009 2,014,000 9,468,009 525,991 5% NET 0 (2,155,583) 2,167,000 11,417 11,417 0% 11/30/2011 City of Beaumont General Fund Revenue and Expenditures October 31, 2011 City Manager (1100): Salaries and benefits 113,333 142,339 14,000 156,339 (43,006) -38% Operations and materials 75,333 9,003 0 9,003 66,330 88% 188,667 151,342 14,000 165,342 23,325 12% City Clerk (1150): Salaries and benefits 667 401 0 401 266 40% Operations and materials 667 302 0 302 365 55% 1,333 703 0 703 630 47% Admin. Services (1200): Salaries and benefits 550,000 Actual- 80,000 Accrual Variance 21% Operations and materials 4 Months Cash Basis Accruals Balance Favorable Percentage Capital equipment Budget 10/31/2011 10/31/2011 10/31/2011 (Unfavorable) Difference EXPENDITURES 622,000 517,388 80,000 597,388 24,612 4% City Council (1050): Information Technology (1250): Salaries and benefits 26,667 23,223 1,000 24,223 2,444 9% Operations and materials 19,333 5,471 9,000 14,471 4,862 25% 91,667 46,000 28,694 10,000 38,694 7,306 16% City Manager (1100): Salaries and benefits 113,333 142,339 14,000 156,339 (43,006) -38% Operations and materials 75,333 9,003 0 9,003 66,330 88% 188,667 151,342 14,000 165,342 23,325 12% City Clerk (1150): Salaries and benefits 667 401 0 401 266 40% Operations and materials 667 302 0 302 365 55% 1,333 703 0 703 630 47% Admin. Services (1200): Salaries and benefits 550,000 355,142 80,000 435,142 114,858 21% Operations and materials 72,000 162,246 0 162,246 (90,246) -125% Capital equipment 0 0 0 0 0 0% 622,000 517,388 80,000 597,388 24,612 4% Information Technology (1250): Salaries and benefits 0 46 0 46 (46) -100% Operations and materials 91,667 93,504 0 93,504 (1,837) -2% Capital equipment 0 0 0 0 0 0% 91,667 93,550 0 93,550 (1,883) -2% Legal /Claims Admin (1300): Salaries and benefits Operations and materials Community Dev. (1350): Salaries and benefits Operations and materials General Govt. (1450): Salaries and benefits Operations and materials Capital equipment 80,667 48,830 15,000 63,830 16,837 21% 166,667 55,315 80,000 135,315 31,352 19% 247,333 104,145 95,000 199,145 48,188 19% 95,000 66,926 10,000 76,926 18,074 19% 91,333 13,955 60,000 73,955 17,378 19% 186,333 80,881 70,000 150,881 35,452 19% 0 0 0 0 0 0% 118,333 375,369 (200,000) 175,369 (57,036) -48% 0 0 0 0 0 0% 118,333 375,369 (200,000) 175,369 (57,036) -48% 11/30/2011 City of Beaumont General Fund Revenue and Expenditures October 31, 2011 CRC (1600): Salaries and benefits 0 0 0 0 0 0% Operations and materials 72,333 41,776 15,000 56,776 15,557 22% 72,333 41,776 15,000 56,776 15,557 22% Quality of Life (2000): Salaries and benefits 186,333 89,639 Actual- 109,639 Accrual Variance 20,896 20,000 4 Months Cash Basis Accruals Balance Favorable Percentage 0 0% Budget 10/31/2011 10/31/2011 10/31/2011 (Unfavorable) Difference Community Services (1550): Public Support Services (2090): Salaries and benefits 201,667 138,454 30,000 168,454 33,213 16% Operations and materials 67,333 9,881 40,000 49,881 17,452 26% Capital equipment 0 0 0 0 0 0% 0 269,000 148,335 70,000 218,335 50,665 19% CRC (1600): Salaries and benefits 0 0 0 0 0 0% Operations and materials 72,333 41,776 15,000 56,776 15,557 22% 72,333 41,776 15,000 56,776 15,557 22% Quality of Life (2000): Salaries and benefits 186,333 89,639 20,000 109,639 76,694 41% Operations and materials 50,000 20,896 20,000 40,896 9,104 18% Capital equipment 0 0 0 0 0 0% 236,333 110,535 40,000 150,535 85,798 36% Police (2050): Salaries and benefits 3,136,667 2,007,217 750,000 2,757,217 379,450 12% Operations and materials 566,667 427,508 80,000 507,508 59,159 10% Capital equipment 0 0 0 0 0 0% 3,703,333 2,434,725 830,000 3,264,725 438,608 12% Emergency Services (2080): Salaries and benefits 0 0 0 0 0 0% Operations and materials 46,667 42,711 0 42,711 3,956 8% 0 0% 46,667 42,711 0 42,711 3,956 8% Public Support Services (2090): Salaries and benefits 653,333 455,814 100,000 555,814 97,519 15% Operations and materials 0 0 0 0 0 0% Capital Equipment 0 0 0 0 0 0% 653,333 455,814 100,000 555,814 97,519 15% Fire (2100): Salaries and benefits Operations and materials Capital equipment Building Inspector (2150): Salaries and benefits Operations and materials Capital equipment 43,333 30,462 5,000 35,462 7,871 18% 693,333 434,251 260,000 694,251 (918) 0% 0 0 0 0 0 0% 736,667 464,713 265,000 729,713 6,954 1% 163,667 106,149 25,000 131,149 32,518 20% 123,333 30,512 50,000 80,512 42,821 35% 0 0 0 0 0 0% 287,000 136,661 75,000 211,661 75,339 26% 11/30/2011 City of Beaumont General Fund Revenue and Expenditures October 31, 2011 Street Lighting (3350): Salaries and benefits 0 0 0 0 0 0% Operations and materials 0 114,830 0 114,830 (114,830) -100% 0 114,830 0 114,830 (114,830) - 100% Refuse (4500): Operations and materials 733,333 363,914 370,000 733,914 (581) 0% Parks (6050): Salaries and benefits 545,667 Actual- 95,000 Accrual Variance Operations and materials 416,667 4 Months Cash Basis Accruals Balance Favorable Percentage Budget 10/31/2011 10/31/2011 10/31/2011 (Unfavorable) Difference Street Maintenance (3250): 25,609 3% Salaries and benefits 142,333 100,098 20,000 120,098 22,235 16% Operations and materials 583,333 817,214 40,000 857,214 (273,881) -47% 725,667 917,312 60,000 977,312 (251,645) -35% Street Lighting (3350): Salaries and benefits 0 0 0 0 0 0% Operations and materials 0 114,830 0 114,830 (114,830) -100% 0 114,830 0 114,830 (114,830) - 100% Refuse (4500): Operations and materials 733,333 363,914 370,000 733,914 (581) 0% Parks (6050): Salaries and benefits 545,667 371,836 95,000 466,836 78,831 14% Operations and materials 416,667 427,848 20,000 447,848 (31,181) -7% Capital equipment 0 22,040 0 22,040 (22,040) -100% 962,333 821,724 115,000 936,724 25,609 3% Senior Center (6100): Salaries and benefits 33,333 22,909 5,000 27,909 5,424 16% Operations and materials 6,667 2,253 0 2,253 4,414 66% Capital equipment 0 0 0 0 0 0% 40,000 25,162 5,000 30,162 9,838 25% Pool (6150): Salaries and benefits 15,667 15,023 0 15,023 644 4% Operations and materials 10,667 8,702 0 8,702 1,965 18% Capital equipment 0 0 0 0 0 0% 26,333 23,725 0 23,725 2,608 10% TOTAL EXPENDITURES 9,994,000 7,454,009 2,014,000 9,468,009 525,991 5% SUMMARY: Salaries and benefits 5,988,333 3,974,508 1,170,000 5,144,508 843,825 14% Operations and materials 4,005,667 3,457,461 844,000 4,301,461 (295,794) -7% Capital expenditure 0 22,040 0 22,040 (22,040) -100% 9,994,000 7,454,009 2,014,000 9,468,009 525,991 5% City of Beaumont dales Tax'Update Third Quarter Receipts far SecondaQuarter Sales (Apr Jun 2011) SALES TAX BY MAJOR BUSINESS GROUP $280,000 Building and Construction 34 Lumber Highland Shell 3akers Burgers Home Depot 3anning RV J W D Angelo Discount Center Kohis 3eaumont Ace Marathon Coach Home Center Oak Valley Chevron 3eaumont Gas Petco Mart 3eaumont Ross Motorcycles Southland 3eaumont Service Petroleum Arco Station Staples 3ed Bath & Beyond Stater Bros 3est Buy Verizon Wireless 'hilis Bar & Grill Walmart Super =ood 4 Less Center grove 76 ® 2nd Quarter 2010 ■ 2nd Quarter 2011 I I d a Restaurants Food Autos Business and and and and Hotels Drugs Transportation Industry REVENUE COMPARISON One Quarter — Fiscal Year To Date 2010.11 2011.12 Point -of -Sale $744,968 $825,295 County Pool 77,146 84,060 State Pool 396 (483) Gross Receipts $822,510 $908,873 Less Triple Flip* $(205,627) $(227,218) `Reimbursed from county compensation fund Published by The HdL Companies in Fall 2011 Hd www.hdicompanies.com 1 888.861.0220 L�,-' � Statewide Results California's local sales and use tax rev- enues for sales occurring April through June 2011 were 9.4% higher than the same quarter of 2010 after pay- ment aberrations were removed. This marks the sixth consecutive quarter of growth since the recovery began. Higher fuel prices accounted for much of the statewide increase. Easing con- sumer credit, sales incentives and pent up demand led to gains in new auto sales while consumers also showed signs of spending more freely in spe- cialty stores, home furnishings, apparel categories, jewelry and restaurants. Electronics sales in the Bay Area sharply outpaced statewide results and highlighted the continued strength of tech - oriented business in that re- gion. Stimulus funded infrastructure projects produced temporary gains in sales tax on concrete, asphalt and ag- gregates but are expected to wane later in the year as funding is depleted. Increased airport traffic and auto rent- als suggest that travel and leisure sales are in a recovery mode. Fuel Prices Boosting Receipts Second quarter fuel sales represented 38% of the total statewide sales tax in- crease. California consumers paid an average of $3.94 per gallon the week of September 12th, 94 cents higher than the same period of 2010, but be- low the all-time high of $4.59 in 2008. Crude oil prices, which account for about 85% of gasoline price variabil- ity, were $90.21 a barrel in September 2011 versus $141.06 in the summer of 2008. Although future gas prices are expect- ed to decline from this year's highs, in- creased exports of U.S. refinery output to other countries are expected to keep prices here at elevated levels. Growth in the Hourglass Economy The good news is that the economy is in recovery, the bad news is this may be as good as it gets according to a recent International Monetary Fund report which highlights problems caused by a shift to an hourglass economy. This type of economy is characterized by a large and expanding group at the top with high skills and high incomes offset by an expanding group at the bottom with low skills and low pay. The middle levels traditionally composed of skilled or semi - manual workers in good paying jobs continue to decline, giving the occupational income profile of the economy its distinctive shape. The 2010 Census revealed that most Americans' inflation - adjusted incomes were either stagnate or in decline with the proportion of people living in poverty now at 15.3% while 24% of the nation's wealth is concentrated in the top 1 /10th of one percent. Consumer spending has historically ac- counted for 70% of economic output and with the wealthiest 5% of Ameri- cans now accounting for 37% of all consumer spending, retailers are bifur- cating their marketing strategies into sales of high end and low end goods while reducing offerings for the disap- pearing middle class. Economists say Business Type Q2 Auto Repair Shops Contractors Discount Dept Stores Drug Stores Electronics/Appliance Stores Family Apparel Grocery Stores Liquor Home Furnishings Light Industrial /Printers Lumber /Building Materials Office Supplies/Fumiture Restaurants Liquor Restaurants No Alcohol Service Stations Trallers/RVS Total All Accounts County & State Pool Allocation Gross Receipts the dependency on just a small portion of the population for increased spend- ing limits future growth potential and fosters more boom and bust cycles. This is because the wealthy splurge and speculate when their savings are doing well and quickly cut back when the value of their assets tumble. Analysts further argue that this lack of growth potential is why major corporations are sitting on record profits and not investing in more employees. SALES PER CAPITA $4,000 $3,000 $2,000 $1,000 $0 Q2 Q2 Q2 Q2 08 09 10 11 Beaumont County California Beaumont County HdL State '11 Change Change Change 12,563 42.0% 11,873 -55.3% - CONFIDENTIAL - 11,386 4.3% - CONFIDENTIAL - 47,841 4.1% 44,005 0.6% 13,377 -3.6% 15,003 13.2% - CONFIDENTIAL - 32,435 334.7% 20,096 -1.4% 54,304 5.0% 167,657 33.7% 31,726 27.6% $825,295 10.8% 83,578 7.8% $908,873 10.5% 1.8% 24.7% 5.0% 7.3% 8.3% 11.0% -4.0% 6.2% 2.1% 1.7% 126.7% 6.4% 1.8% 25.4% 4.2% 11.7% 4.8% 7.6% 6.4% 2.4% 3.6% 12.7% 1.4% 3.6% 0.0% 1.4% 43.0% 8.5% 3.4% 31.0% -4.7% iIAV? HdC-� CALIFORNIA SALES TAX GROWTH IN SECOND QUARTER 2011 C O M P A N I E S AS COMPARED TO SECOND QUARTER 2010 Revenue Comparisons Adjusted for Economic Data Prepared 9/12/2011 CALIFORNIA SALES TAX EMN GROWTH IN THIRD QUARTER 2010 AS COMPARED TO THIRD QUARTER 2009 Revenue Comparisons Adjusted for Economic Data San Francisco San Mateo Cruz Prepared 12/272010 Modoc Sion Placer Yob El Dorado MW Sacramento Amador dano Calaveras Contra Costa Alameda #St.nislaus Mariposa inMerced Fresno Kings Santa Barbara LEGEND +10.0% and above +5.0% to +9.9% +2.0% to +4.9% 0.0% to +1.9% - 0.1 %to -3.9% ® -4.0% to -9.9% -10% and below T� CALIFORNIA SALES TAX s' GROWTH IN SECOND QUARTER 2010 C O M P A N I E S AS COMPARED TO SECOND QUARTER 2009 Revenue Comparisons Adjusted for Economic Data Trinity Siskiyou Tehama Mendocino Glenn Butte Nevada 'utter Yuba Placer take El Dorado Sonoma N aam�a, Solano"' Calavei San Coma Joaquin Costa San Francisco" " Stanislaus San Mateo Meroed Santa Cruz Fresno San Luis Obispo Santa Barbara Prepared 9/12/2011 Tulare Ventura Los N Angeles LEGEND ❑ +10.0% and above ■ +5.0% to +9.9% ❑ +2.0% to +4.9% ❑ 0.0% to +1.9% ❑ -0.1% to -3.9% ® -4.0% to -9.9% -10% and below Inyo San Bernardino CALIFORNIA SALES TAX GROWTH IN THIRD QUARTER 2009 AS COMPARED TO THIRD QUARTER 2008 Revenue Comparisons Adjusted for Economic Data Prepared 12/272010 Agenda Item No. ,� ` b STAFF REPORT To: Honorable Mayor and City Council Members From: Community and Economic Development Department Date: December 6, 2011 Subject: 2011 CA State Legislation Session - Update Background: In October 2011, the California State Legislature and Governor Brown finished their Legislative Session and Bills that were approved by the House and the Senate made their way to Gov. Jerry Brown's desk for his signature or veto. The list of over 70 Bills covers many different issues in various fields, ranging from human resources changes, public contracts, environmental quality act changes, solid waste recycling programs, vehicle and police enforcement laws, and many more. Analysis: Staff has reviewed each of the approved Senate and Assembly Bills to determine what each bill achieves and also how the Bill would affect the City of Beaumont. A quick summary of each bill and what actions, if any, need to be taken has been attached for your review. The following list is comprised of the different Bills that may, or directly affect the City of Beaumont: • Environmental Quality Act — Determination: Dispute (AB 320) • Land Use: Disadvantaged Unincorporated Communities (SB 244) • Groundwater Management Plans (AB 359) • Water Supply Planning: Renewable Energy Plants (SB 267) • Transit Project: Domestic Content (AB 1097) • Local Government Renewable Energy Self- Generation (AB 512) • Solid Waste: Diversion (AB 341) • Public Contracts: Prevailing Wage Requirements (AB 551) • Local Public Employee Organizations: Impasse Procedures (AB 646) • Water: Use of Efficiency: Graywater Building Standards (AB 849) • County of LA: Interoperable Communications (AB 946) • Commercial Construction Contracts: Indemnity (SB 474) • Vehicles: Checkpoints, Speed Limits & Child Passenger Restraints (AB 353, AB 529 & SB 929) d1b" Staff Report Page 2 Some of the details in the bills are not fully defined at this time, while others are amendments to existing law requirements. None of the Bills require the City to take action that would have a financial impact, in fact, Beaumont is ahead of the State by implementing some of the new requirements years before these bills were signed and required by the State. Recommendation: Staff recommends City Council review the proposed programs and to direct Staff on which programs the City of Beaumont is interested in discussing or expanding. Respectfully submitted; CITY OF BEAUMONT Kyle Warsinski Community Development Analyst AB -320 (Hill -D) Environmental Quality Act — Determination: Dispute EXECUTIVE SUMMARY: AB 320 • Essentially, this bill makes it easier for a group that's against a project, to bring forward lawsuits against a project's applicant. • This bill intends to prevent the dismissal of CEQA cases and the over - naming of parties by requiring a petitioner or plaintiff to only name, as a real party in interest, the persons listed in the project's Notice of of Determination (NOD) or Notice of Exemption (NOE). • This would allow a petitioner or plaintiff in a CEQA action to easily ascertain the real parties in interest so he /she knows who to name and not name in the lawsuit. This bill would establish that the petitioner or plaintiffs failure to name a party, other than those identified by a lead agency in an NOD or NOE, is not grounds for dismissal pursuant to the indispensible party rules. • If a lead agency mistakenly omits a name on an NOD or NOE, it will not be to the detriment of the petitioner or plaintiff. If there is no NOD or NOE, the petitioner or plaintiff would only have to name the persons referenced in the definition of "project," as reflected in the lead agency's record of proceedings. Steps to be Taken: 1. DO NOTHING: EXECUTIVE SUMMARY: AB 341 AB -341 (Chesbro) Solid Waste: Diversion • This Bill sstablishes a state policy goal that 75% of solid waste generated be diverted from landfill disposal by 2020 • Requires a commercial waste generator to arrange for recycling services; and, • Requires local governments to implement commercial solid waste recycling programs designed to divert solid waste from businesses. Steps to be Taken: DO NOTHING: The City Council has already adopted an Ordinance which requires commercial recycling. EXECUTIVE SUMMARY: AB 353 AB -353 (Chesbro) Vehicles: Checkpoints • Requires drivers to stop and submit to a sobriety checkpoint inspection conducted by a law enforcement agency when signs and displays are posted requiring that stop • Prohibits impoundment of the vehicle at such checkpoint for drivers license violation • Provides procedures for the return of impounded motor vehicles to the registered owner Steps to be Taken: The Police Department shall circulate the law change internally and make any changes that are necessary to comply with the law. AB -359 (Huffinan) Groundwater Management Plans EXECUTIVE SUMMARY: AB 359 • Requires Local Water Agency to develop groundwater management plan o Authorizes any person to request to be placed on a Notice List for all items related to the plan ■ Additional info to be displayed on each Local Water Agency Website • Includes projects as part of integrated regional water management program or plan Steps to be Taken: 1. Ask the Beaumont Cherry Valley Water District to ADD the City of Beaumont to the list. EXECUTIVE SUMMARY: AB 512 AB -512 (Gordon) Renewable Energy Self- Generation • This bill would expand the definition of an eligible renewable generating facility for the purposes of the program to include a facility that has a generating capacity of no more than 5 megawatts. • Prohibits an electrical corporation from being required to compensate a local government for electricity generated from a facility in excess of the bill credits applied to the designated benefitting account. Prohibit a local government from being eligible for any other tariff program that requires an electrical corporation to purchase generation from an eligible renewable generating facility participating in the program. Steps to be Taken: DO NOTHING: a. At this time the City has no plans to build an applicable facility. The City will look into all requirements if we propose to build a renewable generating facility. AB -529 (Gatto) Vehicles: Speed Limits: Downward Speed Zoning EXECUTIVE SUMMARY: AB 529 • Requires Cal -Trans to revise the MUTCD to allow a local authority to round speed limits to within 5 mph of the 85th- percentile speed of free flowing traffic • Allows in the cases in which the speed needs to be rounded up, Cal -Trans or the local authority to decide to instead to round down the speed limit • Prohibits Caltrans and local authority from reducing the speed limit any further for any reason ( If the above round down clause is utilized) Steps to be Taken: 1. The Police Department shall circulate the law change internally and make any changes that are necessary to comply with the law. AB -551 (Campos) Public Contracts: Prevailing Wage Requirements EXECUTIVE SUMMARY: AB 551 • Increases Maximum Penalty of Violations • Increases period of contract ineligibility of violators • Requires a list of debarments on a specified website Steps to be Taken: None, the City of Beaumont will continue to abide by all Prevailing Wage requirements on construction projects in which the use of prevailing wages in mandated. AB -849 (Gatto) Water: Use Efficiency: Graywater Building Standards EXECUTIVE SUMMARY: AB 849 • Repeals the authority of a city, county, or other local agency to adopt building standards that prohibit entirely the use of graywater systems • A local governing body, city, or county can adopt an ordinance or a resolution that finds that a local building standard must be modified from the state building standard because of local climatic, geological, or topographical conditions and file that ordinance with the CBSC. o CBSC will review the Ordinance to determine if the local agency followed the correct procedures Steps to be Taken: 1. No action necessary unless deviating from standards established by HCD and adopted by CBSC. 2. Health Department approval required prior to any permit issuance for indoor graywater systems. AB -946 County of Los Angeles: Interoperable Communications EXECUTIVE SUMMARY: AB 946 • Authorizes Los Angeles Regional Interoperable Communications System Authority (LA- RICS), a JPA, to procure a regional interoperable communications system. • It also provides for a state strategic plan for establishing a statewide integrated, interoperable public safety communication network. o Beaumont's ERICA system was built on the National P25 Standard that was established for interoperable communications. • The remainder of the bill is specifically aimed at LA -RICS obtaining procurement by competitive proposals, and the urgency to move forward as soon as possible. • The City of Beaumont has already completed with the Eastern Riverside County Interoperable Communications Authority (ERICA), JPA. Steps to be Taken: None at this Time AB -964 (Huffinan) Water Rights: Appropriation EXECUTIVE SUMMARY: AB 964 • Changed Def. of "Small Irrigation Use" to include aesthetic, recreational, or fish/wildlife purposes o ADDED Fire Protection o No longer limited to one Registered Use per Facility, Allows for multiple if approved ■ Creates new thresholds for Multiple registrations • Requires SWRCB to create General Conditions for Registering these uses • Previous Fee Schedule obsolete • SWRCB now required to set the total revenue collected each year through the fees at an amount equal to amounts appropriated from the Water Rights Fund by the Legislature for water rights program activities. • Applies Fee Requirements to the registration of appropriation for small irrigation use Steps to be Taken: None at this Time EXECUTIVE SUMMARY: AB 1097 AB -1097 (Skinner) Transit Projects: Domestic Content Authorizes the state or a local agency, relative to the use of federal funds for transit purposes, to provide a bidding preference to bidder if the bidder exceeds Buy America requirements applicable to federally funded transit projects o `Buy America" incentivized to be used on Public Infrastructure, buildings, transit projects, and other public projects using Federal Funds ■ All Materials to be used from the USA o This does not void current WTO Trade Agreements with foreign countries Steps to be Taken: 1. The City of Beaumont will factor determine if Buy America bidding preference will be utilized on each public bid contract on a case by case basis. 2. Educate Staff on the new laws and `Buy American" requirements EXECUTIVE SUMMARY: SB 136 SB -136 (Yee) Public Contracts: Prevailing Wages • This bill expands the definition of "Public Works" to include any construction, alternation, demolition, installation, or repair work done under private contract that satisfies specific conditions related to energy. o The work is performed in connection with the construction or maintenance of renewable energy generating capacity or energy efficiency improvements. • "Public Works" projects require that not less than the general prevailing rate of per diem wages be paid to workers. Steps to be Taken: 1. DO NOTHING: OR a. Currently the City of Beaumont is working using funds from the Energy Efficiency and Conservation Block Grant from the California Energy Commission. This grant requires us to go out to bid for Public Works projects such as lighting retrofits and HVAC installation. b. In the future if the City of Beaumont decides to install renewable resources such as, solar panels or fuel cells, we will follow this bill. i. Projects will go out to bid and prevailing wages will be paid. EXECUTIVE SUMMARY: SB 226 SB -226 (Simitian) California Environmental Quality Act • Streamlines the CEQA process for adopting or amending a general plan by allowing the general plan interagency referral process under Planning and Zoning Law to occur during the CEQA scoping process. • This bill would exempt from the requirements of CEQA the installation of a solar system, including associated equipment on the roof of an existing building or an existing parking lot. • This bill would provide that a projects green house gas emissions are not, in and of themselves, deemed to cause the exemption to be inapplicable under specific conditions. • July 1" 2012 deadline: o The Office of Planning and Research to prepare, develop, and transmit to the Natural Resources Agency and the Secretary of the Natural Resources Agency to certify and adopt guidelines for statewide standards for infill projects. Steps to be Taken: 1. DO NOTHING: i (Wolk) Disadvantaged Unincorporated Community EXECUTIVE SUMMARY: SB 244 • Requires a city or county to adopt a comprehensive, long -term general plan for the physical development of the city or county and of any land outside its boundaries that bears relation to its planning, otherwise known as a Sphere of Influence. • This bill would require, prior to January 1, 2014, and thereafter, upon each revision of its housing element, a city or county to review and update one or more elements of its general plan, as necessary to address the presence of island, fringe, or legacy unincorporated communities. • Requires the LAFCO, in determining the sphere of influence of each local agency related to sewers, municipal and industrial water, or structural fire protection, the present and probable need for those public facilities and services of any disadvantaged unincorporated communities within the existing sphere of influence, beginning with the next sphere of influence update on or after July 1, 2012. • Allows the LAFCO, in determining a sphere of influence, to assess the feasibility of governmental reorganization of particular agencies and recommend reorganization of those agencies when reorganization is found to be feasible and if reorganization will further the goals of orderly development and efficient and affordable service delivery. • "Disadvantaged unincorporated community" to mean a fringe, island, or legacy community in EXECUTIVE SUMMARY: SB 293 SB -293 (Padilla) Payment Bonds: Laborers Requires payment from Primary Contractor to Subcontractor certain amounts within a specified number of days after receipt of a progress payment. • Creates a Maximum Retainer Amount of %5, instead of 10% Rate used by the City Steps to be Taken: The City of Beaumont will change the retainer from the previously used 10% to the State Mandated 5 %, starting January 1, 2012. EXECUTIVE SUMMARY: SB 456 SB -456 (Huff) Household Hazardous Waste: Transportation • This bill would allow a registered hazardous waste transporter operating a door -to -door household hazardous waste collection program or household hazardous waste residential pickup service to instead use a specified manifesting procedure for transporting household hazardous waste, if the transporter complies with certain operating and reporting requirements. • The bill would require a public agency to retain a copy of the manifest in a specified manner, thereby imposing a state - mandated local program by imposing new duties upon local agencies. January 1" 2020 Deadline: • The bill requires a public agency to retain a copy of the manifest in a specified manner, thereby imposing a state - mandated local program by imposing new duties upon local agencies. Steps to be Taken: 1. DO NOTHING: The City currently does not contract with anyone for door -to -door service. We currently contract with Waste Management through a mail back program for sharps. SB -474 (Evans) Commercial Construction Contracts - Indemnity EXECUTIVE SUMMARY: SB 474 • Intended to prohibit blanket indemnity provisions from allocating the virtually all of the risk associated with a construction project through a contractual indemnity clause (historically called a Type I Indemnity Provision) from the contractor or city to their sub - contractors or developers. • Language in indemnity clauses will be required to narrow the indemnity /contribution to an allocation that recognizes the actual harm caused by the fault of the indemnifying party. • It is likely that this will result in more litigation for the City as the level or degree of fault or negligence is a question of fact for a jury to decide. • There appears to be no easy way out of a lawsuit through simple tender. • Presently, if the City is named as an additional insured on the contractor's insurance, the carrier is responsible to cover the City unless the endorsement is limited in some way. This new law applies if the property on which the construction is performed is in California regardless of any choice -of -law provision or place of execution of the contract. Steps to be Taken: 1. Modify Terms: • All contracts and subcontracts, as well as all insurance provisions, will likely have to be modified. • Insurance policy requirements, scope of coverage and risk management considerations will have to be re- evaluated in light of the elimination of these traditional requirements. EXECUTIVE SUMMARY: SB 929 SB -929 (Evans) Vehicles: Child Passenger Restraints • Relates to the required use of child passenger restraints by children of specified ages o Required for limos for hire operator, authorized emergency vehicle operator, taxicab operator, parents and legal guardians o Provides the age and height requirements for restraint use. • Provides probable cause for a law enforcement officer to stop a vehicle for a related violation. • Requires hospitals to disseminate restraint use requirements for discharge • Relates to rental car company information Steps to be Taken: 1. The Police Department shall circulate the law change internally and make any changes that are necessary to comply with the law. 2. The Quality of Life team shall distribute educational information related to this Bill to all automobiles for hire with a valid City business license. I IK y 0 Pic up a a a tion at a Al rt A. Chat! Sr. uni ak Vall P , or visit the* ite at _ , i.b umo ca.us, to ent float or group into the p e. s eas d FREE to enter! Parade entries will be judged end chosen as 1st, 2nd, and 3rd place winners for the best displays! Make a themed float, costumes, decorations and more, to show off your party's pride. There is still more fun to& had 550 E. 6th Street. Cookie with everyone So bundle up and co a out l friends to the,!Beaum C I Palm Ave from 12th Stye` ndi amont Civic Center, at t feelings will be shared ing the parade. wh2je family and all your ght Ibrade, taking place on eaumont Civic Center. Santa is coming! Santa is coming! Santa will be in town for a quick visit before he has to head back to the North Pole to wrap things up for Christmas. You can come see him at one of two locations listed below. Santa will be at each location long enough for you to enjoy a CUP of hot cocoa with him. Decemo, Listen carefully because Santa will be escorted through the City of Beaumont by the Fire Department and the Police Department with all the lights & sirens! See map on the back. • Rite -Aid - located at Golf Club Drive & Oak Valley Parkway between 5:30pm and -Blom. • wal Mart - located at 2nd Street Marketplace (Garden Side) between 7pm and 7:300M. As you and your families gather this holiday season, we want to take a moment to send greetings from our families to yours. Even in these tough economic times, there's still so much to celebrate this holiday season. The love of family and friends, and the bond of the community and country. The character and courage of our men and women in uniform who are far from home for the holidays, away from their families, risking their lives to protect ours. From the bottom of our hearts we wish you a very Merry Christmas. 41 a\�,0 P Pie Ell °o Champions Dr Operation Santa Route Oak Valley Pkwy 0 0.25 0.5 1 Miles Q 0 E - BrooksideAve O - Cynthia Ave e :y a m i i Q C h C W m Oak Va / /eYP a¢ Tulip Cir W Starlight Ave Tiger Sundance� Dr rFlower DrJ Finish- Walmart Commerce Ave First St t Seneca, C Springs Pkwy Potre u Blvd a -c e a r _m 2 Woodburn Cir Lana .:., ., moons■ Olson. .I MEN NONE sill a m i i Q C h C W m Oak Va / /eYP a¢ Tulip Cir W Starlight Ave Tiger Sundance� Dr rFlower DrJ Finish- Walmart Commerce Ave First St t Seneca, C Springs Pkwy Potre u Blvd a -c e a r _m 2 REGULAR SESSION Minutes Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority Beaumont Charitable Foundation Beaumont Conservation Authority 550 E. 6t' Street, Beaumont, California Regular Session (6:00 p.m.) Workshop (after Regular Session.) Closed Session (after Workshop Session) Tuesday, November 1, 2011 Regular Session began at 6:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor De Forge, Mayor Pro Tern Berg, Council Member Castaldo, Council Member Fox, Council Member Gall were present. Invocation: Ray Johnson — Fellowship in the Pass Pledge of Allegiance: Brianna Weil Presentation: Muscular Dystrophy Association (MDA) Presentation Solera Veteran's Club — Fire Station Flag Pole Adjustments to Agenda: item 3.p pulled from the agenda - Council consideration is not required (Law Enforcement Services Agreement) 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 — Beaumont Cares, Good morning Beaumont, Homecoming Parade, Fire Department Spaghetti Dinner, City Wide Clean up b) Mayor Pro Tern Berg — RCTC Update c) Council Member Castaldo — Fire Department Spaghetti Dinner, Monster Mash, Miravilla Care Center d) Council Member Fox — Banning /Beaumont Task Force e) Council Member Gall — Sundance Blue Ribbon Award 2. CITY MANAGER REPORTS (city of Beaumont core values: Treat everyone right; Keep a customer service focus, Effective communication; Present opportunity, operate like a great business, Eliminate bureaucratic solutions; Embrace positive change) a. Beaumont Charitable Foundation (made up of donations from citizens, employees and contractors) 1) Financial Update 9/30/2011 2) Fire Department Open House and Spaghetti Dinner Update b. Community Information and Local Project Update 1) Financial Update 9130/2011 2) Energy Efficiency Grant Kickoff 3) Brookside Bridge Road Improvement Update 4) Christmas Parade Activities 5) Community Clean Up Update 6) Special Olympics Tip -A -Cop at Applebee's Update 7) Beaumont Public Library Sign Agreement 8) Update on Signalization on Highland Springs Avenue C. Calendar of Events 1) October 29, 2011 — Monster Mash Halloween Party 2) October 29, 2011 — Pharmaceutical Drop Off 3) October 31, 2011 — Trunk or Treat at the Beaumont Sports Park 4) November 8, 2011 — Adopt A Cop Breakfast Burrito Fundraiser — Civic Center 5) November 8, 9, 10, 2011 — TEEN CERT (Community Emergency Response Team) Train - the - Trainer 6) November 24, 2011 — Thanksgiving Day Dinner Delivery to Elderly and Homebound Seniors 7) December 3, 2011 - Shop with a Hero 8) December 10, 2011 - Crafts Fair 11 am — 4 pm 9) December 10, 2011 —Winter Wish Food Drive - Walmart 10) December 10, 2011 — Christmas Light Parade 6 p.m. 11) 1st Wednesday of each Month — Beaumont Care Awareness Team 12) 1" Wednesday of Each Month - TEAM (Transportation Education Awareness & Marketing) Meeting 13) 2nd and 3rd Wednesday of Each Month — Story Time Cafes d. Rumor Control, and Report on Oral and Written Communications 1) "In God We Trust' (scheduled for 11/15/11 meeting) 3. CONSENT CALENDAR (This portion of the Agenda is for items that do not require a Public Hearing or discussion.) a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary b. Approval of the Minutes of the City Council Meeting October 4, 2011 C. Approval of the Warrant List for November 1, 2011. d. Adoption of Ordinance No. 986 at its second reading by title only — An Ordinance of the City Council of the City of Beaumont, California, Adding Section 10.10.025 to Chapter 10.10 of the Beaumont Municipal Code Restricting RV Parking on Commercial, Retail and Shopping Center Properties. e. Adoption of Ordinance No. 1003 at its second reading by title only — An Ordinance of the City Council of the City of Beaumont, California, Amending Section 17.11.100 of the Beaumont Municipal Code Regarding "Swimming Pools, Spa and Similar" f. Adoption of Ordinance No. 1004 at its second reading by title only — An Ordinance of the City Council of the City of Beaumont, California, Adding Chapter 6.05 to the Beaumont Municipal Code Regarding the Disposal of Dog Feces on Public and Private Property. g. Adoption of Ordinance No. 1005 at its second reading by title only — An Ordinance of the City Council of the City of Beaumont, California, Amending Chapter 6.10 and 6.12 of the Beaumont Municipal Code Regarding Potentially Dangerous Dogs and Vicious Animals. h. Adoption of Ordinance No. 1006 at its second reading by title only — An Ordinance of the City Council of the City of Beaumont, California, Adding Section 10.08.075 to Chapter 10.08 of the Beaumont Municipal Code Prohibiting Camping or Sleeping in Motor Vehicles. i. Exoneration and Acceptance of Improvements for Bond No. SU5021733 -A for Tract 33096 -1 — Four Seasons at Beaumont Westerly Bridge — K Hovnanian j. Exoneration and Acceptance of Improvements for Bond No. 929350860 -M for Tract 32260 -1 Model Site — Street, Sewer & Storm Drain — K Hovnanian k. Exoneration and Acceptance of improvements for Bond No. 929350862 — M for Tract 32260 -1 Sales Facility — Street, Sewer & Storm Drain — K Hovnanian I. Exoneration and Acceptance of Improvements for Bond No. 81970884 -M for Tract No. 34862 Sewer — Sundance Cherry Avenue M. Approval of Agreement with the Ramona Humane Society to Provide Animal Shelter Services for the City of Beaumont. n. Adoption of Resolution 2011 -23 — A Resolution of the City Council Authorizing the Submittal of Application(s) for all Cal Recycle Grants for which the City of Beaumont is Eligible. o. Receive and File the Quarterly Water Quality Monitoring Reports related to Maximum Benefit Recommendation: Approval of the Consent Calendar as presented. Request by Mayor Pro Tom Berg to pull item 3.f and discuss as item 4.c. Motion by Council Member Fox, Seconded by Council Member Berg to approve the remainder of the consent Calendar as presented. 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. Resolutions and Agreement Authorizing the Issuance of Bonds for Pardee Homes and Community Facilities District No. 93 -1, Improvement Area No. 17B — Tournament Hills Recommendation: Hold a Public Hearing and Adopt Resolution No. 2011 -23, 2011 -24, BFA 2011 -01, and 2011 -25; Approve the proposed Facility Fee Credit and Acquisition Agreement; and Authorization of the mayor to execute the agreements. Staff report was given by Alan Kapanicas, City Manager Open Public Hearing 6:57 p.m. No Speakers Closed Public Hearing 6:59 p.m. Motion by Council Member Berg, Seconded by Fox to Adopt Resolution Nos. 2011 -23, 2011 -24, BFA 2011 -01, and 2011 -25 and Approve the proposed Facility Fee Credit and Acquisition Agreement; and Authorization of the mayor to execute the agreements as presented. Vote: 510 b. Application for Community Development Block Grant (CDBG) Funding for 2012 -2013. Recommendation: Hold a Public Hearing and Approve as follows: 1) Approve and authorization to prepare and submit CDBG applications for Public Improvement Projects including the Sidewalk repairs and addition of new sidewalks and give authority to the City Manager to reduce or increase the amount funded to the Sidewalk repair and addition of new sidewalk project. 2) Approve and authorization to prepare and submit CDBG applications for Non - profit Public Programs including the Riverside County Coalition for Alternatives to Domestic Violence (ADV) in the amount of $10,000. Subject to the condition that ADV apply for and receive funds from the County or other EDA participating Cities. 3) Approve and authorization to prepare and submit CDBG applications for Non - profit Public Programs including the Boys and Girls Clubs in the amount of $10,000. Subject to the condition that Boys and Girls Clubs apply for and receive funds from the County or other EDA participating Cities. Staff Report was given by Rebecca Deming, Director of Planning Open Public Hearing 7:03 p.m. Deb Smith — ADV - Applicant Eddie Estrada — UCAP - Applicant Rhonda Guaderrama —Boys & Girls Clubs of the San Gorgonio Pass - Applicant Closed Public Hearing 7:13p.m. Motion by Council Member Berg, Seconded by Council Member Fox to 1) Approve and Authorize the preparation and submit CDBG applications for Public Improvement Projects including the Sidewalk repairs and addition of new sidewalks and give authority to the City Manager to reduce or increase the amount funded to the Sidewalk repair and addition of new sidewalk project; 2) Approve and authorization to prepare and submit CDBG applications for Non -profit Public Programs including the Riverside County Coalition for Alternatives to Domestic Violence (ADV) in the amount of $10,000, subject to the condition that ADV apply for and receive funds from the County or other EDA participating Cities; 3) Approve and authorization to prepare and submit CDBG applications for Non - profit Public Programs including the Boys and Girls Clubs in the amount of $10,000, subject to the condition that Boys and Girls Club apply for and receive funds from the County or other EDA participating Cities; and 4) Approve and authorization to prepare and submit CDBG applications for Non - profit Public Programs including Urban Community Action Projects in the amount of $10,000, subject to the condition that Urban Community Action Projects apply for and receive funds from the County or other EDA participating Cities. Vote: 5/0 C. Adoption of Ordinance No. 1004 at its second reading by title only — An Ordinance of the City Council of the City of Beaumont, California, Adding Chapter 6.05 to the Beaumont Municipal Code Regarding Disposal of Dog Feces on Private Property. (pulled from consent calendar for discussion) Mayor Pro Tern Berg recommended that the Ordinance be modified to include horses. Motion by Council Member Berg, Seconded by Council Member Fox to approve Ordinance No. 1004 with the amendment to include horses in the requirements as well. Vote: 5/0 5. ORAL AND WRITTEN COMMUNICATIONS: Judy Bingham — Comments regarding ULC Doug Hammer — Update on the Fire Museum Adjournment of the City Council Meeting at 7:32 p.m. City Manager WARRANTS TO BE AUDITED CITY COUNCIL MEETING DECEMBER 6, 2011 077474 - 077947 Checks $1,368,202.12 EFT 627 -643 ACH $1,315,640.22 EFT490 -524 Credit Card $22,744.78 Voids 077517, 077530, 077534 - 077649 (printer error), 077661, 077766, $19,184.22 077823, 077829, EFT523 Payroll PPE 10/27/11 $436.62 PPE 10/27/2011 $466,858.43 PPE 11/10/2011 $454,351.62 Ameriflex 11 /01 /11 $ 237.27 11/15/11 11/07/11 $10.00 11/21/11 11/14/11 $60.00 Affant 11 /01 /11 $1,585.49 Authnet Gateway 11/04/11 $138.50 Board of Equalization 11/02/11 $8,944.97 FDGL Leasing 11/25/11 $86.09 Guardian 10/26/11 $18,533.31 11/17/11 $17,907.47 LADCO Leasing $19,171.54 11/21/11 $129.08 11/21/11 $48.43 Mutual of Omaha 10/13/11 PPE 9/15/11 $20,637.28 PPE 9/15/11 $19,171.54 PPE 9/15/11 $490.09 PPE 9/29/11 $21,024.07 PPE 9/29/11 $19,184.22 PPE 10/13/11 $447.55 $287.27 $30.00 PPE 10/13/11 $20,435.29 PPE 10/13/11 $20,850.76 PPE 9/29/11 $435.97 PPE 10/2711 $20,568.49 PPE 10/27/11 $20,873.62 PPE 10/27/11 $436.62 AGENDA ITEM NO. 3 C-" I DO HEREBY CERTIFY THIS WARRANT LIST HAS BEEN COMPILED AND PREPARED TO MEET THE DAILY OPERATIONS FOR THE FISCAL YEAR JULY 1, 2011 TO NNE 30, 2012. t SIGNATURE: TITLE: , i City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 077474 10/26/2011 SANDRA YOUNGER 3,986.79 FINAL CHECK 077475 10/26/2011 SCOTT BEARD 9,494.80 CASH OUT 077476 10/28/2011 AIREZE OF THE DESERT 154.65 SERVICES 077477 10/28/2011 AIRGAS SAFETY 44.15 SUPPLIES 077478 10/28/2011 BEAUMONT LAWNMOWER 200.24 SERVICES 077479 10/28/2011 BIO -TOX LABORTORIES 606.00 SERVICES 077480 10/2812011 BEAUMONT POLICE OFFICERS F 2,100.00 DUES 077481 10/28/2011 BRIAN'S LIVE BEE REMOVAL SEI 200.00 SERVICES 077482 10/28/2011 JOHN CAPPELLO 40.00 SERVICES 077483 10/28/2011 CDW GOVERNMENT, INC. 2,417.99 SUPPLIES 077484 10/28/2011 CINTAS CORPORATION #150 827.94 SERVICES 077485 10/28/2011 CITY OF BANNING 2,250.00 REVENUE 077486 10/28/2011 CITY OF CALIMESA 436.00 REVENUE 077487 10/28/2011 HOWARD CLASEN 492.00 SERVICES 077488 10/28/2011 CONSOLIDATED ELECTRICAL DI 320.50 SUPPLIES 077489 10/28/2011 COPS PLUS INC. 714.00 SUPPLIES 077490 10/28/2011 CPS HR CONSULTING 1,086.80 SUPPLIES 077491 10/28/2011 CR &R INC. 4,712.00 SERVICES 077492 10/28/2011 DANGELO CO. 820.54 SUPPLIES 077493 10/28/2011 DINERS CLUB 10,509.99 SERVICES 077494 10/28/2011 DIRECTV 86.26 SERVICES 077495 10/28/2011 EILEEN RODRIGUEZ 200.00 REIMBURSEMENT 077496 10/28/2011 FEDEX 21.15 SHIPPING 077497 10/28/2011 GALLS 333.85 SUPPLIES 077498 10/28/2011 HLP, INC 4,320.00 SERVICES 077499 10/28/2011 HOME DEPOT /CREDIT SERVICE! 192.16 SUPPLIES 077500 10/28/2011 HUNTINGTON COURT REPORTEI 1,516.70 SERVICES 077501 10/28/2011 INTEGRATED SYSTEMS 87.00 SERVICES 077502 10/28/2011 JP STRIPING 2,650.00 SERVICES 077503 10/28/2011 KAD PAVING COMPANY 78,065.10 SERVICES 077504 10/28/2011 LEXISNEXIS 229.50 SERVICES 077505 10/28/2011 M &N INTERNATIONAL 146.42 SUPPLIES 077506 10/28/2011 MATTHEW PISTILLI 5,370.00 SERVICES 077507 10/28/2011 MORONGO GOLF CLUB AT TUKV 500.00 SERVICES 077508 10/28/2011 NATURES IMAGE, INC 3,581.14 SERVICES 077509 10/28/2011 ORIENTAL TRADING CO.,INC. 437.29 SUPPLIES Printed 11/29/2011 8:20:58AM Page 1 of 10 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 077510 10/28/2011 PAYCHEX HUMAN RESOURCES 193.80 SERVICES 077511 10/28/2011 PRO -PIPE & SUPPLY 104.49 SUPPLIES 077512 10/28/2011 QUALITY PLUMBING 1,054.00 SERVICES 077513 10/28/2011 RIVERSIDE COUNTY INFORMATI 118.72 SERVICES 077514 10/28/2011 S.A MOBIL CARWASH AND DETA 588.00 SERVICES 077515 10/28/2011 SCOTT FAZEKAS & ASSOCIATE: 1,592.78 SERVICES 077516 10/28/2011 SGP DESIGN AND PRINT 550.00 SUPPLIES 077518 10/28/2011 STRESSCRETE 46,388.00 SUPPLIES 077519 10/28/2011 THE RECORD GAZETTE 139.13 ADVERTISING 077520 10/28/2011 TURBOSCAPE, INC. 2,100.00 SERVICES 077521 10/28/2011 TYLER WORKS 50.00 SERVICES 077522 10/28/2011 ULLICO CASUALTY 42,379.65 SERVICES 077523 10/28/2011 UNITED WAY OF THE 71.00 DONATION 077524 10/28/2011 UTILITY PARTNERS 1,298.89 SERVICES 077525 10/28/2011 VERIZON CALIFORNIA 2,135.83 PHONE 077526 10/28/2011 WAL -MART COMMUNITY 353.98 SUPPLIES 077527 10/28/2011 WILDERMUTH ENVIRONMENTAL 9,706.35 SERVICES 077528 10/28/2011 SEIU 1,272.00 DUES 077529 10/28/2011 TASO TECH, INC 3,360.00 SERVICES 077531 11/02/2011 DISPUTE RESOLUTION SERVICE 1,200.00 077532 11/04/2011 TASO TECH, INC 3,360.00 SERVICES 077533 11/04/2011 LAURIE MILLER 149.85 REIMBURSEMENT 077650 11/04/2011 AAA HAULAWAY 5,482.22 SERVICES 077651 11/04/2011 MELINDA ABBOTT 40.00 REIMBURSEMENT 077652 11/04/2011 GREGORY ADAMS 3,500.00 REI AWRSEMENT 077653 11/04/2011 ADVANCED WORKPLACE STRAT 293.00 SERVICES 077654 11/04/2011 AIR & HOSE SOURCE 112.74 SUPPLIES 077655 11/04/2011 ALTA OFFICE SERVICES 49.15 SUPPLIES 077656 11/04/2011 ACCESS 2 SAVINGS 1,746.04 SERVICES 077657 11/0412011 ANTIMITE 165.00 SERVICES 077658 11/04/2011 ARROWHEAD 47.38 077659 11/04/2011 JAYTOWN 129.30 SUPPLIES 077660 11/04/2011 WILLIAM AYLWARD 35.90 REIMBURSEMENT 077662 11/04/2011 BEAUMONT- CHERRY VALLEY 91,926.61 CAPITOL IMPROVEMENT 077663 11/04/2011 BIG TEX TRAILERS 37.71 SUPPLIES 077664 11/04/2011 CASSONDRA BIRNIE 150.00 REFUND 077665 11/04/2011 BEAUMONT POLICE OFFICERS F 2,100.00 DUES Printed 11/29/2011 8:21:OOAM :_:: Page 2 of 10 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 077666 11/04/2011 C & A JANITORIAL SERVICES 5,527.20 SERVICES 077667 11/04/2011 CELINA CABRERA 119.85 REIMBURSEMENT 077668 11/04/2011 CALIFORNIA PEACE 1,230.00 SERVICES 077669 11/04/2011 RANDALL CASEY 270.06 REIMBURSEMENT 077670 11/04/2011 CDW GOVERNMENT, INC. 563.26 SUPPLIES 077671 11/04/2011 CHRISTINA BOWSER 135.00 REIMBURSEMENT 077672 11/04/2011 Gregory Cinko 755.00 REIMBURSEMENT 077673 11/04/2011 CINTAS CORPORATION #150 292.76 SERVICES 077674 11/04/2011 CITY OF BANNING 1,360.00 REVENUE 077675 11/04/2011 CITY OF CALIMESA 248.00 REVENUE 077676 11/04/2011 ENOCH CLARK 450.00 REIMBURSEMENT 077677 11/04/2011 DAVID TURCH AND ASSOCIATE 15,000.00 SERVICES 077678 11/04/2011 REBECCA DEMING 150.00 REIMBURSEMENT 077679 11/04/2011 DEPARTMENT OF JUSTICE 210.00 SERVICES 077680 11/04/2011 DON KENT, TREASURER 453.22 TAXES 077681 11/04/2011 JEREMY DORROUGH 2,756.00 REIMBURSEMENT 077682 11/04/2011 LIAM DOYLE 2,256.00 REIMBURSEMENT 077683 11/04/2011 DURA PLASTICS 225.49 SUPPLIES 077684 11/04/2011 EARTHQUAKE MANAGEMENT 215.66 SERVICES 077685 11/04/2011 ENTERPRISE 325.40 RENTAL 077686 11/04/2011 MARIAN D FLORETTI 82.50 REFUND 077687 11/04/2011 ROXANN FLOWERS 50.00 REIMBURSEMENT 077688 11/04/2011 FOX OCCUPATIONAL 270.00 SERVICES 077689 11/04/2011 MATTHEW GEPFORD 668.00 REIMBURSEMENT 077690 11/04/2011 GILBERT KRIETER 1,624.50 REIMBURSEMENT 077691 11/04/2011 JENNIFER GRAHAM 17.95 REIMBURSEMENT 077692 11/04/2011 GREENWOOD'S UNIFORMS 11.45 UNIFORM 077693 11/04/2011 Shelby Hanvey 325.35 REIMBURSEMENT 077694 11/04/2011 JEREMY HARRIS 150.00 REIMBURSEMENT 077695 11/04/2011 CHRISTOPHER HARWOOD 594.82 REIMBURSEMENT 077696 11/04/2011 HINDERLITER, de LLAMAS, 1,276.05 SERVICES 077697 11/04/2011 HOLIDAY INN 300.00 TRAINING 077698 11/04/2011 HOME DEPOT /CREDIT SERVICE; 272.78 SUPPLIES 077699 11/04/2011 RICHARD HORNER 247.80 REIMBURSEMENT 077700 11/04/2011 HOWARD'S WEED ABATEMENT 906.00 SERVICES 077701 11/04/2011 BRAD HUFF 313.00 REIMBURSEMENT 077702 11/04/2011 INTEGRATED SYSTEMS 116.00 SERVICES Printed 11/29/2011 8:21:OOAM Page 3 of 10 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 077703 11/04/2011 ISMAEL PEREZ 6,500.00 SERVICES 077704 11/04/2011 JEFF SCHULER 404.08 REIMBURSEMENT 077705 11/04/2011 JOE A.GONSALVES & SON 3,000.00 SERVICES 077706 11/04/2011 KARI MENDOZA 150.00 REIMBURSEMENT 077707 11/04/2011 MARK KEYSER 304.83 REIMBURSEMENT 077708 11/04/2011 KING LUMINAIRE 11,549.00 SUPPLIES 077709 11/04/2011 DANIEL LEE 450.00 REIMBURSEMENT 077710 11/04/2011 MARCEDES MCFAYDEN 150.00 REIMBURSEMENT 077711 11/04/2011 GLORIA MC MANUS 80.00 REFUND 077712 11/04/2011 MICHAEL ALMANDINGER 1,680.00 REIMBURSEMENT 077713 11/04/2011 JEROME MOLEDOR 2,150.00 REIMBURSEMENT 077714 11/04/2011 DARCI MULVIHILL 662.06 REIMBURSEMENT 077715 11/04/2011 NAPA AUTO PARTS 168.22 SUPPLIES 077716 11/04/2011 CECILIA NEAL 186.00 REIMBURSEMENT 077717 11/04/2011 NEXTEL 722.89 PHONE 077718 11/04/2011 JOSE NUNEZ 160.00 REIMBURSEMENT 077719 11/04/2011 KOURTNEY O'BRIEN 450.00 REIMBURSEMENT 077720 11/04/2011 RUBEN ORTIZ 209.94 REIMBURSEMENT 077721 11/04/2011 PAYCHEX HUMAN RESOURCES 585.00 SERVICES 077722 11/04/2011 PEAK EXPECTATIONS 711.81 SUPPLIES 077723 11/04/2011 LYNDON PEATS 149.40 REIMBURSEMENT 077724 11/04/2011 PHENIX TECHNOLOGY, INC. 194.00 SUPPLIES 077725 11/04/2011 PRE -PAID LEGAL 867.65 PREMIUMS 077726 11/04/2011 PRINTING & PROMOTION PLUS, 756.87 SUPPLIES 077727 11/04/2011 QUILL CORPORATON 1,262.30 SUPPLIES 077728 11/04/2011 CHRISTOPHER RAMOS 942.50 REIMBURSEMENT 077729 11/04/2011 RAY'S RV SALES & SERVICE 283.23 SUPPLIES 077730 11/04/2011 RESOURCE BUILDING MATERIAL 109.34 SUPPLIES 077731 11/04/2011 RODRIGO PENA PHOTOGRAPHY 1,500.00 SERVICES 077732 11/04/2011 AMY RODRIGUEZ 40.00 REFUND 077733 11/04/2011 SAINTS REALTY 19.02 REFUND 077734 11/04/2011 CINDY SERRANO 150.00 REIMBURSEMENT 077735 11/04/2011 SGP DESIGN AND PRINT 679.00 SERVICES 077736 11/04/2011 SOUTH COAST LIGHTING & DESI 9,184.00 SUPPLIES 077737 11/04/2011 STAPLES CREDIT PLAN 215.47 SUPPLIES 077738 11/04/2011 BRIAN STEHLI 312.00 REIMBURSEMENT 077739 11/04/2011 STRESSCRETE 47,079.00 SUPPLIES Printed 11/29/2011 8:21:OOAM Page 4 of 10 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 077740 11/04/2011 THE COUNSELING TEAM INTERN 546.00 TRAINING 077741 11/04/2011 THE RECORD GAZETTE 39.38 ADVERTISING 077742 11/04/2011 ASHLEY STARR 144.97 REIMBURSEMENT 077743 11/04/2011 SEAN THUILLIEZ 140.06 REIMBURSEMENT 077744 11/04/2011 THYSSENKRUPP ELEVATOR COI 903.01 SERVICES 077745 11/04/2011 KRISTI TOMS 604.00 REIMBURSEMENT 077746 11/04/2011 OMAR TORRES 178.98 REIMBURSEMENT 077747 11/04/2011 JOHN TRAMMELL 2,351.80 REIMBURSEMENT 077748 11/04/2011 CHRISTOPHER TRACY 179.94 REIMBURSEMENT 077749 11/04/2011 PETE TRIPP 3,015.00 REFUND 077750 11/04/2011 UNION BANK OF CALIFORNIA 4,941.12 SERVICES 077751 11/04/2011 UNITED WAY OF THE 71.00 DONATION 077752 11/04/2011 JENNIFER VELAZQUEZ 1,505.50 REIMBURSEMENT 077753 11/04/2011 VERIZON CALIFORNIA 285.98 PHONE 077754 11/04/2011 VOYAGER 27,930.66 FUEL 077755 11/04/2011 KYLE WARSINSKI 72.00 REIMBURSEMENT 077756 11/04/2011 TOSHIA WELLS 90.00 REIMBURSEMENT 077757 11/04/2011 DEREK A WILLIAMS 1,150.00 SERVICES 077758 11/04/2011 CHELSEA WILSON 463.21 REIMBURSEMENT 077759 11/04/2011 SANDRA YOUNGER 394.40 REIMBURSEMENT 077760 11/04/2011 YVONNE BLAKE 119.20 REIMBURSEMENT 077761 11/04/2011 FREDRICK STEWARD 209.94 REIMBURSEMENT 077762 11/04/2011 SHAINA HARWOOD 189.75 REIMBURSEMENT 077763 11/04/2011 NICOLE WHEELWRIGHT 107.90 REIMBURSEMENT 077764 11/04/2011 XEROX CORPORATION 959.19 SERVICES 077765 11/04/2011 ELIZABETH GIBBS- URTIAGA 1,296.79 REIMBURSEMENT 077767 11/10/2011 ACCESS 2 SAVINGS 58.80 GOODS 077768 11/10/2011 AMERICAN AIR SERVICE 214.82 SERVICE 077769 11/10/2011 ARROWHEAD 183.46 SERVICE 077770 11/10/2011 BARNES DISTRIBUTION 53.60 GOODS 077771 11/10/2011 BEAUMONT LAWNMOWER 522.82 GOODS 077772 11/10/2011 C & A JANITORIAL SERVICES 3,160.00 SERVICE 077773 11/10/2011 CATHEDRAL CITY POLICE & FIRE 1,469.93 SERVICE 077774 11/10/2011 CDW GOVERNMENT, INC. 4,449.27 GOODS 077775 11/10/2011 CHERRY VALLEY NURSERY 334.10 GOODS 077776 11/10/2011 CITY OF BANNING 78.06 SERVICE 077777 11/10/2011 HOWARD CLASEN 249.00 SERVICE Printed 11/29/2011 8:21:OOAM Page 5 of 10 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 077778 11/10/2011 CONSOLIDATED ELECTRICAL DI 231.94 GOODS 077779 11/10/2011 CREATIVE BUS SALES, INC 81.19 GOODS 077780 11/10/2011 DA VINCI 18.26 GOODS 077781 11/10/2011 DEPT.OF TRANSPORTATION 1,617.02 SERVICE 077782 11/10/2011 DIRECTV 204.98 SERVICE 077783 11/10/2011 EMPIRE TOWING AND TRANSPO 95.00 SERVICE 077784 11/10/2011 EVENT SERVICES 328.00 SERVICE 077785 11/10/2011 FOUR CORNERS GLASS 1,076.84 GOODS 077786 11/10/2011 GALLS /INLAND UNIFORM 199.96 GOODS 077787 11/10/2011 GALLS, AN ARAMARK COMPANY 1,419.80 GOODS 077788 11/10/2011 KRYSTLE GARRISON 40.00 DEPOSIT REFUND 077789 11/10/2011 GLYN'S MOBILE OPACITY TESTA 135.00 SERVICE 077790 11/10/2011 GOVPARTNER 500.00 SERVICE 077791 11/10/2011 GREENFEAT 3,500.00 SERVICE 077792 11/10/2011 STEVEN GREER 700.00 PURCHASE OF GOODS 077793 11/10/2011 HOME DEPOT /CREDIT SERVICE: 99.63 GOODS 077794 11/10/2011 INDUSTRIAL MAINTENANCE & Rl 520.00 SERVICE 077795 11/10/2011 INTERSTATE FIRE 580.50 SERVICE 077796 11/10/2011 KAD PAVING COMPANY 24,181.48 SERVICE 077797 11/10/2011 KEEP IT GREEN 150.00 SERVICE 077798 11/10/2011 KONICA MINOLTA PREMIER FIN/ 7,207.72 SERVICE 077799 11/10/2011 LARRY W. WARD ASSESSOR 1,559.00 SERVICE 077800 11/10/2011 LUTHER'S TRUCK 512.73 SERVICE 077801 11/10/2011 NAPA AUTO PARTS 1,485.24 GOODS 077802 11/10/2011 PACIFIC ALARM SERVICE 497.50 SERVICE 077803 11/10/2011 PARKHOUSE TIRE, INC. 1,572.97 GOODS 077804 11/10/2011 POMA AUTOMOTIVE FUELING IN 15,467.59 GOODS 077805 11/10/2011 PRO -PIPE & SUPPLY 170.69 GOODS 077806 11/10/2011 PRUDENTIAL OVERALL SUPPLY 488.24 SERVICE 077807 11/10/2011 QUILL CORPORATON 402.32 GOODS 077808 11/10/2011 REDLANDS FORD 211.26 SERVICE 077809 11/10/2011 RIVERSIDE COUNTY SHERIFF Dl 1,013.52 SERVICE 077810 11/10/2011 ROMBERG TREE SERVICE 2,500.00 SERVICE 077811 11/10/2011 S.A MOBIL CARWASH AND DETA 1,062.00 SERVICE 077812 11/10/2011 SAFETY -KLEEN 303.29 GOODS 077813 11/10/2011 SKS,INC. 802.82 GOODS 077814 11/10/2011 SOUTHERN CALIF.EDISON 8,556.93 SERVICE Printed 11/29/2011 8:21:OOAM Page 6 of 10 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 077815 11/10/2011 SOUTHWEST NETWORKS INCOF 270.00 SERVICE 077816 11/10/2011 SPRINT 1,697.60 SERVICE 077817 11/10/2011 TULE RANCH /MAGAN FARMS 177,687.55 SERVICE 077818 11/10/2011 TURF STAR, INC. 299.28 GOODS 077819 11/10/2011 UNDERGROUND SERVICE ALER' 233.50 SERVICE 077820 11/10/2011 UNION BANK OF CALIFORNIA 45,900.00 SERVICE 077821 11/10/2011 UTILITY PARTNERS 89,629.00 SERVICE 077822 11/10/2011 VERIZON CALIFORNIA 600.96 SERVICE 077824 11/10/2011 WRIGHT SEPTIC 1,400.00 SERVICE 077825 11/10/2011 ZEE MEDICAL, INC. 87.25 SERVICE 077826 11/10/2011 CIVICPLUS 463.00 SERVCE 077827 11/10/2011 TASO TECH, INC 3,360.00 SERVICE 077828 11/10/2011 AIRGAS SAFETY 60.83 GOODS 077830 11/18/2011 RIVERSIDE COUNTY SHERIFF DI 3,080.00 SERVICE 077831 11/18/2011 RIVERSIDE COUNTY SHERIFF DI 374.00 SERVICE 077832 11/18/2011 RIVERSIDE COUNTY SHERIFF DI 140.00 SERVICE 077833 11/18/2011 RIVERSIDE COUNTY SHERIFF DI 102.00 SERVICE 077834 11/18/2011 RIVERSIDE COUNTY SHERIFF DI 35.00 SERVICE 077835 11/18/2011 AAA HAULAWAY 50.00 SERVICE 077836 11/18/2011 ADAMSON INDUSTRIES CORP 5,705.00 GOODS 077837 11/18/2011 AIR & HOSE SOURCE 1,151.00 GOODS 077838 11/18/2011 AJ ENTERPRISE 376.00 SERVICE 077839 11/18/2011 ALL AMERICAN TOWING, INC 492.00 SERVICE 077840 11/18/2011 WILLIAM AYLWARD 440.10 SERVICE 077841 11/18/2011 BEAUMONT LAWNMOWER 64.80 SERVICE 077842 11/18/2011 BEAUMONT CHAMBER 3,060.00 SERVICES 077843 11/18/2011 BEAUMONT- CHERRY VALLEY 200.00 SERVICE 077844 11/18/2011 BENTLEY SYSTEMS INC 3,125.00 SERVICE 077845 11/18/2011 ONTRAC 10.68 SERVICE 077846 11/18/2011 CALIFORNIA LICENSED PHLEBO 1,080.00 SERVICE 077847 11/18/2011 CDW GOVERNMENT, INC. 4,218.43 GOODS 077848 11/18/2011 CGLIC - CHATTANOOGA EASC 101,774.10 SERVICE 077849 11/18/2011 CITY OF BANNING 263.54 SERVICE 077850 11/18/2011 CONSOLIDATED ELECTRICAL DI 359.00 GOODS 077851 11/18/2011 CR &R INC. 4,858.02 SERVICE 077852 11/18/2011 DANIELS TIRE SERVICE 865.05 GOODS 077853 11/18/2011 DEPARTMENT OF JUSTICE 1,634.00 SERVICE Printed 11/29/2011 8:21:OOAM Page 7 of 10 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 077854 11/18/2011 DETROIT INDUSTRIAL TOOL 116.83 GOODS 077855 11/18/2011 DURA PLASTICS 210.00 GOODS 077856 11/18/2011 ECONOMICS & POLITICS, INC 2,083.33 SERVICE 077857 11/18/2011 ETC CUSTODIAN FBO , FBO TIM( 701.00 REFUND 077858 11/18/2011 EVIDENT 306.25 GOODS 077859 11/18/2011 FOX OCCUPATIONAL 110.00 SERVICE 077860 11/18/2011 GOTHIC GROUNDS MANAGEMEP 10,925.00 SERVICE 077861 11/18/2011 HEARD'S INVESTIGATIONS 600.00 SERVICE 077862 11/18/2011 HI -WAY SAFETY INC 34.00 GOODS 077863 11/18/2011 HOME DEPOT /CREDIT SERVICE! 62.88 GOODS 077864 11/18/2011 HOUSTON & HARRIS PCS 860.00 SERVICE 077865 11/18/2011 HUNTINGTON COURT REPORTEI 1,915.14 SERVICE 077866 11/18/2011 INTEGRATED SYSTEMS 14.50 SERVICE 077867 11/18/2011 JP STRIPING 4,800.00 SERVICE 077868 11/18/2011 KAISER FOUNDATION 31,248.19 SERVICE 077869 11/18/2011 KING LUMINAIRE 1,567.00 GOODS 077870 11/18/2011 LAPRACC 2,000.00 SERVICE 077871 11/18/2011 LEADSONLINE 3,468.00 SERVICE 077872 11/18/2011 DANIEL LEE 205.21 PAYROLL CORRECTION 077873 11/18/2011 SARA LESLIE 701.00 REFUND 077874 11/18/2011 LEWIS BRISBOIS BISGAARD & SI 2,558.91 SERVICE 077875 11/18/2011 DARCI MULVIHILL 224.00 REFUND 077876 11/18/2011 NATIONAL CONSTRUCTION REN 220.00 RENTAL 077877 11/18/2011 NISSHO OF CALIFORNIA INC 4,536.00 077878 11/18/2011 ANA PACHECO 500.00 REFUND 077879 11/18/2011 PCS MOBILE 13,096.00 GOODS 077880 11/18/2011 PCS PROFESSIONAL CONSTRU( 525.00 SERVICE 077881 11/18/2011 POLYDYNE, INC. 2,576.00 GOODS 077882 11/18/2011 PREMIER ASSET SERVICES 1,306.00 REFUND 077883 11/18/2011 QUILL CORPORATON 142.92 GOODS 077884 11/18/2011 RICHMOND AMERICAN HOMES 3,843.65 REFUND 077885 11/18/2011 RIVERSIDE LAND CONSERVANC 402.50 SERVICE 077886 11/18/2011 RIVERSIDE COUNTY SHERIFF DI 186.00 SERVICE - TRAINING 077887 11/18/2011 LISA ROBERTS 40.00 REFUND 077888 11/18/2011 RODRIGO PENA PHOTOGRAPHY 1,546.25 SERVICE 077889 11/18/2011 ROMBERG TREE SERVICE 175.00 SERVICE 077890 11/18/2011 S.A MOBIL CARWASH AND DETA 954.00 SERVICE Printed 11/29/2011 8:21:OOAM Page 8 of 10 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 077891 11/18/2011 SGP DESIGN AND PRINT 34.00 GOODS 077892 11/18/2011 SIMPLER LIFE EMERGENCY PRC 570.00 GOODS 077893 11/18/2011 SOUTH COAST A.Q.M.D. 416.41 SERVICE 077894 11/18/2011 SOUTHERN CALIF.EDISON 23,907.37 SERVICE 077895 11/18/2011 SPORTSTUFF 210.00 GOODS 077896 11/18/2011 SPRINT 722.81 SERVICE 077897 11/18/2011 STAGECOACH TOWING 65.00 SERVICE 077898 11/18/2011 STATER BROS GENERAL OFFICE 110.98 GOODS 077899 11/18/2011 SUN BADGE CO. 397.25 GOODS 077900 11/18/2011 THE GAS COMPANY 62.45 SERVICE 077901 11/18/2011 THE PRESS - ENTERPRISE 64.90 SERVICE 077902 11/18/2011 THE RECORD GAZETTE 39.38 SERVICE 077903 11/18/2011 TLMA ADMINISTRATION 700.52 SERVICE 077904 11/18/2011 TRANNY MIKES INC. 2,600.00 SERVICE 077905 11/18/2011 UTILITY PARTNERS 47,152.47 SERVICE 077906 11/18/2011 VERIZON CALIFORNIA 2,000.45 SERVICE 077907 11/18/2011 VERIZON WIRELESS 4,162.60 SERVICE 077908 11/18/2011 WENDY WALDER 155.00 REFUND 077909 11/18/2011 ZOLL MEDICAL CORPORATION 653.92 GOODS 077910 11/18/2011 LIFE ASSIST 787.23 GOODS 077911 11/18/2011 REPUBLIC ITS 3,370.28 SERVICE 077912 11/18/2011 WEST COAST LIGHTS & SIRENS 103.00 GOODS 077913 11/21/2011 DANIEL LEE 16,000.00 SERVICE 077914 11/23/2011 AMERICAN FORENSIC NURSES 48.00 SERVICE 077915 11/23/2011 BANNING VETERINARY HOSPITA 193.00 SERVICE 077916 11/23/2011 BEAUMONT MOTORCYCLES, LL( 241.73 GOODS 077917 11/23/2011 BIO -TOX LABORTORIES 1,038.00 SERVICE 077918 11/23/2011 CDW GOVERNMENT, INC. 1,665.28 GOODS 077919 11/23/2011 CLEARS, INC. 50.00 MEMBERSHIP 077920 11/23/2011 COLONIAL LIFE AND 343.66 SERVICE 077921 11/23/2011 DLT SOLUTIONS 945.29 SERVICE 077922 11/23/2011 FEDEX 128.21 SERVICE 077923 11/23/2011 GREENFEAT 4,525.00 SERVICE 077924 11/23/2011 HEARD'S INVESTIGATIONS 150.00 SERVICE 077925 11/23/2011 HEITING & IRWIN 759.00 SERVICE 077926 11/23/2011 INTEGRATED SYSTEMS 58.00 SERVICE 077927 11/23/2011 NATURES IMAGE, INC 3,581.14 SERVICE Printed 11/29/2011 8:21:OOAM Page 9 of 10 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 077928 11/23/2011 EUGENE NORIEGA 1,266.00 SERVICE 077929 11/23/2011 PMW ASSOCIATES 420.00 SERVICE 077930 11/23/2011 PRE -PAID LEGAL 880.60 SERVICE 077931 11/23/2011 QUALITY PLUMBING, INC. 194.00 SERVICE 077932 11/23/2011 QUILL CORPORATON 350.27 GOODS 077933 11/23/2011 RIVERSIDE COUNTY INFORMATI 118.72 SERVICE 077934 11/23/2011 RIVERSIDE COUNTY SHERIFF'S 288.51 SERVICE 077935 11/23/2011 S.A MOBIL CARWASH AND DETA 288.00 SERVICE 077936 11/23/2011 SCOTT FAZEKAS & ASSOCIATEr 862.52 SERVICE 077937 11/23/2011 SO CAL WEST COAST ELECTRIC 12,189.50 SERVICE 077938 11/23/2011 SOUTHERN CALIF.EDISON 29,450.45 SERVICE 077939 11/23/2011 STATE INDUSTRIAL PRODUCTS 181.26 GOODS 077940 11/23/2011 SWRCB ACCOUNTING OFFICE 10,337.00 SERVICE 077941 11/23/2011 TASER INTERNATIONAL 700.38 GOODS 077942 11/23/2011 THE GAS COMPANY 2.05 SERVICE 077943 11/23/2011 VERIZON CALIFORNIA 257.18 SERVICE 077944 11/23/2011 WAL -MART COMMUNITY 1,130.40 GOODS 077945 11/23/2011 WEST PAYMENT CTR. 201.25 SERVICE 077946 11/23/2011 GALLS /INLAND UNIFORM 526.39 GOODS 077947 11/23/2011 TASO TECH, INC 5,561.81 GOODS 1,368,202.12 Printed 11/29/2011 8:21:OOAM Page 10 of 10 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: EFT000627 10/28/2011 BEAUMONT ELECTRIC INC. 22,715.38 SERVICES EFT000628 10/28/2011 RICHARD COOK 3,579.00 SERVICES EFT000629 10/28/2011 MITCHELL WHITE 3,579.00 SERVICES EFT000630 10/28/2011 STEVE MOORE COMMUNICATIOI 1,525.00 SERVICES EFT000631 10/28/2011 URBAN LOGIC CONSULTANTS 209,660.00 SERVICES EFT000632 11/04/2011 AKLUFI AND WYSOCKI 26,027.50 SERVICES EFT000633 11/09/2011 BEAUMONT ELECTRIC INC. 213,787.77 CONTRACT SERVICES EFT000634 11/09/2011 R.MOODY CONSTRUCTION, INC. 2,280.00 CONTRACT SERVICES EFT000635 11/09/2011 RIVERSIDE COUNTY 427,669.25 CONTRACT SERVICES EFT000636 11/09/2011 TFG 25,000.00 DEBIT CARDS EFT000637 11/09/2011 URBAN LOGIC CONSULTANTS 279,356.62 CONTRACT SERVICES EFT000638 11/18/2011 BEAUMONT ELECTRIC INC. 4,128.00 SERVICES EFT000639 11/18/2011 STEVE MOORE COMMUNICATIOI 2,206.25 SERVICES EFT000640 11/18/2011 TASO TECH, INC 3,360.00 SERVICES EFT000641 11/22/2011 BEAUMONT ELECTRIC INC. 2,004.53 SERVICES EFT000642 11/22/2011 JAMES NEHMENS 5,000.00 SERVICES EFT000643 11/22/2011 R.MOODY CONSTRUCTION, INC. 83,761.92 SERVICE 1,315,640.22 Printed 11/2912011 8:22:21AM Page 1 of 1 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: EFT000000000490 10/28/2011 ALL PURPOSE RENTALS 854.66 SERVICES EFT000000000491 10/28/2011 ARAMARK 274.04 SUPPLIES EFT000000000492 10/28/2011 BEAUMONT ACE HOME CENTER 90.76 SUPPLIES EFT000000000493 10/28/2011 DIAMOND HILLS AUTO GROUP 29.10 SERVICES EFT000000000494 10/28/2011 GORM, INC. 562.48 SUPPLIES EFT000000000495 10/28/2011 HIGH TECH IRRIGATION,INC. 2,412.59 SUPPLIES EFT000000000496 10/28/2011 PITNEY BOWES 426.19 SERVICES EFT000000000497 11/04/2011 ALL PURPOSE RENTALS 58.96 SERVICES EFT000000000498 11/04/2011 BEAUMONT TIRE 786.29 SERVICES EFT000000000499 11/04/2011 BEAUMONT ACE HOME CENTER 96.48 SUPPLIES EFT000000000500 11/04/2011 CHERRY VALLEY AUTOMATIVE 3,015.51 SERVICES EFT000000000501 11/04/2011 SHRED -IT 337.00 SERVICES EFT000000000502 11/09/2011 ACE ALTERNATORS 722.79 SERVICES EFT000000000503 11/0912011 ALL PURPOSE RENTALS 567.75 SERVICE EFT000000000504 11/09/2011 ARAMARK 350.65 GOODS EFT000000000505 11/09/2011 BEAUMONT TIRE 26.24 SERVICE EFT000000000506 11/09/2011 BEAUMONT ACE HOME CENTER 208.41 GOODS EFT000000000507 11/09/2011 BEAUMONT SAFE & LOCK 153.43 GOODS EFT000000000508 11/09/2011 CHERRY VALLEY AUTOMATIVE 1,858.50 SERVICE EFT000000000509 11/09/2011 CINTAS CORPORATION #150 800.44 SERVICE EFT000000000510 11/09/2011 DIAMOND HILLS AUTO GROUP 400.32 SERVICE EFT000000000511 11/09/2011 HIGH TECH IRRIGATION,INC. 793.74 GOODS EFT000000000512 11/21/2011 A -Z BUS SALES,INC. 263.88 GOODS EFT000000000513 11/21/2011 ALL PURPOSE RENTALS 286.50 SERVICE EFT000000000514 11/21/2011 ARAMARK 674.56 SERVICE EFT000000000515 11/21/2011 BEAUMONT TIRE 104.94 SERVICE EFT000000000516 11/21/2011 BEAUMONT ACE HOME CENTER 316.95 GOODS EFT000000000517 11/21/2011 BEAUMONT SAFE & LOCK 69.00 SERVICE EFT000000000518 11/21/2011 CHERRY VALLEY AUTOMATIVE 1,695.89 GOODS EFT000000000519 11/21/2011 CINTAS CORPORATION #150 742.19 SERVICE EFT000000000520 11/21/2011 DIAMOND HILLS AUTO GROUP 562.54 SERVICE EFT000000000521 11/21/2011 GOPHER PATROL 2,867.00 SERVICE EFT000000000522 11/21/2011 SHRED -IT 187.00 SERVICE EFT000000000524 11/21/2011 LEXISNEXIS 148.00 SERVICE 22,744.78 Printed 11/29/2011 8:24:26AM Page 1 of 1 3 -J PAGE 1— GOVERNMENT CLAIM OF THE BEAUMONT POLICE OFFICERS ASSOCIATION, SCOT DAVIS, BRIAN FORD, & JEREMY HARRIS GOVERNMENT CLAIM [Cal. Government Code § 9101 Claimants: (1) Beaumont Police Officers Association, (2) Scot Davis, (3) Brian Ford, and (4) Jeremy Harris, police officers for the Beaumont Police Department and their recognized employee organization, by and through their attorney of record, Christopher L. Gaspard of Lackie, Dammeier & McGill APC, hereby makes this Government Claim against: (1) City of Beaumont; (2) Police Chief Frank Coe; (3) Commander Greg Fagan; and (4) Sergeant Mark Keyser (collectively "Defendants "). Name and address of Claimant: 1 (1) Beaumont Police Officers Association; (2) Scot Davis; (3) Brian Ford; (4) Jeremy Harris; by and through their attorney of record: Christopher L. Gaspard, Esq. LACKIE, DAMMEIER & McGILL APC 367 North Second Avenue Upland, CA 91786 Phone: (909)985 -4003; Fax (909) 985 -3299 Email: chris @policeattorney.com Post Office Address to which the person presenting the claim desires notices to be sent: Claimants desires all inquiries, notices and communications be sent or directed to Christopher L. Gaspard, Esq., LACKIE, DAMMEIER & MCGILL APC, 367 North Second Avenue, Upland, California, 91786, Telephone (909) 985 -4003, Facsimile (909) 985 -3299. The date, place and other circumstances of the occurrence or transaction which gave rise to the claims asserted: The Beaumont Police Officers Association ( "the Association ") is an association recognized as the exclusive bargaining representative for police officers employed by the City of Beaumont Police Department, including all of the individually -named claimants listed herein. On or about October 8, 2007, Claimant Scot Davis was hired as a police corporal for the City of Beaumont. During his four years as a Beaumont police corporal, Claimant Davis performed his duties competently and without difficulty. During this time, Davis received numerous certifications and commendations, and has never been the subject of discipline. ' Claimants' home addresses are confidential under Penal Code §§ 146(e) and 832.7, and Vehicle Code § 1808.4(a)(11). PAGE 2 — GOVERNMENT CLAIM OF THE BEAUMONT POLICE OFFICERS ASSOCIATION, SCOT DAVIS, BRIAN FORD, & JEREMY HARRIS In or about March 2008, Claimant Brian Ford was hired as a police officer for the City of Beaumont. During his three years as a Beaumont police officer, Claimant Ford performed his duties competently and without difficulty. During this time, Ford received numerous promotions and commendations. On or about January 19, 2009, Claimant Jeremy Harris was hired as a police corporal for the City of Beaumont. During his employment as a Beaumont police officer, Claimant Harris performed his duties competently and without difficulty. During this time, Harris received numerous certifications and commendations, and has never been the subject of discipline. In early April 2011, the Association voted to conduct an evaluation of Beaumont Police Chief Frank Coe. Claimants Davis and Ford spoke out at the Association meeting regarding the Chief's performance and were supportive of the effort to conduct the evaluation of the Chief. On or about April 20, 2011, the Association sent a letter to City Manager Alan Kapanicas, with an attachment containing numerous officer critiques of Chief Coe's performance. The majority of the critiques contained negative comments. Some of the statements were made by Claimants Davis and Harris. The letter to the City Manager explains that the "purpose of the evaluation was to express a voice and bring light to any areas of improvement that can be addressed and /or corrected ...." Based on information and belief, Chief Coe was furious about the Association's letter and immediately initiated a campaign of retaliation and discrimination against the Association and its members intended to silence their speech and punish them for their speech and petition for redress. Chief Coe attempted to compel the president of the Association to disclose which officers had made which specific statements in the letter to the City Manager. Chief's Refusal to Promote Association Members In or about March 2011, Defendants announced vacancies for police sergeant positions. Claimant Davis and two other members of the Association applied for the promotional positions. Instead of following through with the promotional testing, Chief Coe announced that he would be opening up the promotional positions to lateral applicants (applicants from outside police agencies). After opposition from the Association, based on the fact that the outside promotions would violate City policy, Coe opted to simply leave the promotional positions vacant. Chief Coe told Association members that there were no longer any sergeant positions opened. However, it was later discovered that Coe had offered both positions to outside applicants prior to opening the positions up to outside applicants. Coe subsequently made several changes to the application process for the position of sergeant. The Chief's actions are not only unlawful, but are transparently pretext —Coe is now sending corporals to leadership training (which was formerly only provided to sergeants), and instituting a policy of having corporals fill in for sergeants when there are no sergeants available. This is simply a demotion by another name. PAGE 3 – GOVERNMENT CLAIM OF THE BEAUMONT POLICE OFFICERS ASSOCIATION, SCOT DAVIS, BRIAN FORD, & JEREMY HARRIS Chief's Draconian Punishment of Association Members Prior to their Associational speech, Davis, Ford, and Harris had stellar work records. But immediately after their speech calling into question the Chief's qualifications, they were all subjected to incredibly harsh discipline for trumped -up, pretext charges. Right after discovering the letter sent to the City Manager by the Association, Chief Coe instituted what he called a "zero tolerance" policy for discipline —he began hammering members of the Association, including Claimants Davis, Harris, and Ford, with draconian levels of discipline for minor allegations of misconduct. Corporal Scott Davis Scot Davis has served the City of Beaumont in the capacity of police corporal and detective. Prior to his employment with the City of Beaumont, Davis was a deputy sheriff with the San Bernardino County Sheriff's Department. In the 15 years he has been an officer /deputy, including the time that he has been with the Beaumont P.D., he has excelled as a law enforcement officer. Davis is not and has never been a disciplinary "issue" for the City of Beaumont Police Department. In January 2011, Corporal Davis was assigned to investigate a shooting that occurred in the city of Beaumont. After interviewing the primary witness, Davis was instructed by Lieutenant Fagan to arrest and book the witness for lying. However, Davis believed the witness's statements. Davis refused to arrest the witness, telling Fagan that the witness statement was consistent with the crime scene and that Davis had no reason to doubt the statement. Commander Fagan became angry and threatened Davis' employment with the Beaumont Police Department in the presence of several of Davis's co- workers. Remarkably, Chief Coe later defended Fagan's actions. In April 2011, within days after the Association conducted its vote regarding the evaluation of Chief Coe, Coe called Corporal Davis into his office. During a conversation that lasted roughly three hours, Chief Coe informed Davis that Davis would never be a sergeant at the Beaumont Police Department. Toward the end of the meeting Chief Coe explained that he didn't care about Davis' critique of Coe in the evaluation, stating that Davis could put it in the newspaper for all he cared. Later the same day, Commander Beard called Davis into Beard's office. The meeting lasted in excess of an hour, and largely involved the same subject matter as Davis' earlier meeting with Chief Coe. During the meeting, Commander Beard told Davis that Davis was responsible for the morale issues at the department and called Davis a "rogue employee." Further, Beard pointed out that Davis would not be promoted, as doing so would be "rewarding bad behavior." On or about June 6, 2011, Corporal Davis was subpoenaed to appear as a witness in a preliminary hearing. On or about June 13, 2011, Corporal Davis he consulted with the department's subpoena clerk, Sandra Younger, regarding the filing of a "1050" form (referring to Penal Code section PAGE 4 — GOVERNMENT CLAIM OF THE BEAUMONT POLICE OFFICERS ASSOCIATION, SCOT DAVIS, BRIAN FORD, & JEREMY HARRIS 1050, the code section dealing with good cause for a continuance) to alert the District Attorney's Office that it was his intention to be on FMLA leave due to the delivery of his baby, as his wife had given birth to their child the previous day, June 12, 2011. The steps taken by Cpl. Davis to notify the subpoena clerk are consistent with the past practice of the department and the officers in that department. He was advised by the subpoena clerk, that it would be taken care of, as such was the nature of her job. However, based on information and belief, the subpoena clerk, in error, failed to notify the D.A.'s office until June 16, 2011 at approximately 4:00 p.m. On or about June 17, 2011, at about 8:35 a.m., while home on FMLA leave, Corporal Davis received a telephone call from Sergeant Mark Keyser ordering Davis to respond to the preliminary hearing that was taking place at Southwest Superior Court in Murrieta, notwithstanding Davis' FMLA leave status. Given his family obligations, Davis made it to court as soon as possible, arriving at about 10:20 hours. Davis sat in court all day, his testimony was not required, and he was not released until 4:30 p.m. On or about July 13, 2011, Corporal Scot Davis was given notice by Defendants that he was being demoted from corporal to officer, removed from his assignment in the detective bureau, and suspended for 40 hours for allegedly being late to court while on FMLA leave. No other officer in the Beaumont Police Department has ever been disciplined for being late to court. In actuality, many officers who have missed court completely, and on a fairly routine basis have only received discipline in the manner of a written reprimand, and that was after multiple offenses for which there was no viable or valid excuse. Commanders of the department have missed court without excuse. On or about August 25, 2011, Davis underwent surgery to repair a torn rotator cuff and ligament in his right shoulder. On or about October 24, 2011, Scot Davis returned to work on light -duty status. He was assigned to the records department, performing duties normally assigned to civilian employees. This assignment was in direct contravention of Lieutenant Schuler's written directive, dated September 7, 2010, which states that "Police officers on light duty will not be assigned to civilian type duties." Based on information and belief, other sworn Beaumont personnel have not been assigned civilian duties while on light duty. Furthermore, while on light duty, Davis requested that he be allowed to remove his necktie, as it aggravated his injury. His reasonable request was denied without explanation or justification. It is clear that the actions taken by defendants against Davis are in clear retaliation for the exercise of his free speech and activities and membership with the Association. Furthermore, the actions of Defendants constitute discrimination, retaliation, and interference under the FMLA. Officer Brian Ford Officer Brian Ford has served the City of Beaumont in the capacity of police officer. Since his employment, he has excelled as an officer. Ford is not and has never been a disciplinary "issue" for the City of Beaumont Police Department. PAGE 5 — GOVERNMENT CLAIM OF THE BEAUMONT POLICE OFFICERS ASSOCIATION, SCOT DAVIS, BRIAN FORD, & JEREMY HARRIS On or about August 15, 2011, Officer Ford conducted a traffic stop of a citizen. The citizen later drove to the police station to lodge a personnel complaint against Ford for his handling of the traffic stop. A police sergeant met with the citizen to handle the complaint. Based on information and belief, the sergeant who met with the citizen to handle the complaint mishandled the investigation and violated several of Ford's rights under the Public Safety Officers Procedural Bill of Rights Act (POBR). During the investigation, it was alleged that Ford was discourteous. Specifically, Ford was alleged to have mishandled the traffic stop, made disparaging remarks about the sergeant regarding the sergeant's violation of the Public Safety Officers Procedural Bill of Rights Act in connection of the complaint against Ford, and discourtesy to a police corporal. On or about September 30, 2011, Officer Ford was given notice by Defendants that he was being suspended for 30 days as a result of the sham discourtesy allegations. No other officer in the Beaumont Police Department has ever been disciplined so harshly for such minor allegations of discourtesy and mishandling a traffic stop. It is clear that the actions taken by Defendants against Ford are in clear retaliation for the exercise of his free speech and activities and membership with the Association. Furthermore, the actions of defendants constitute retaliation under Public Safety Officers Procedural Bill of Rights Act. Corporal Jeremy Harris Jeremy Harris has served the City of Beaumont in the capacity of police corporal, detective, and tactical operator. In the 9 years he has been an officer and with the 3 years he has been with the department, he has excelled as a corporal, the rank he was hired in, having transferred laterally from another police agency. Harris is not and has never been a disciplinary "issue" for the City of Beaumont Police Department. On or about July 5, 2011, Corporal Harris' wife dropped him off at the police station, at which time it was observed that she had window tint on her front passenger windows of her vehicle, a minor infraction under the California Vehicle Code. On or about July 13, 2011, Corporal Harris was given notice by Defendants that he was being demoted from corporal to officer, removed from his assignment in the detective bureau, and suspended for 40 hours for failing to remove the window tint on his wife's vehicle. No other officer in the Beaumont Police Department has ever been disciplined so harshly for failing to correct such a minor equipment violation on their spouses' vehicle. It is clear that the actions taken by Defendants against Harris are in clear retaliation for the exercise of his free speech and activities and membership with the Association. Silencing Free Speech Based on information and belief, Chief Coe also subjected other officers to harshly disparate treatment based on their involvement with the evaluation letter; those officers entered into settlements with the City which reduced the draconian level of discipline against them. On PAGE 6 — GOVERNMENT CLAIM OF THE BEAUMONT POLICE OFFICERS ASSOCIATION, SCOT DAVIS, BRIAN FORD, & JEREMY HARRIS or about November 1, a commander for the police department circulated a memo stating that officers currently employed by the department shall not provide employment references to prospective employers of the officers who had settled with the city. The commander required each officer to sign the memo. Chief Coe's actions establish a prior restraint against the exercise of free speech by his officers, as the competence of law enforcement officers has been clearly established as a matter of public concern. A general description of the indebtedness, obligation, iniury, damage, or loss, if known: The actions and policies of Defendants are a clear violation of Claimants' rights, including but not limited to, Claimants' right to be free from interference, discrimination, and retaliation under state and federal law, as well as common law. Claimants claim damages including all damages arising from the violations under the United States Constitution, the California Constitution, and federal and state law, including but not limited to, the FMLA, the California Labor Code, and the Government Cade. Claimants seek recovery of all unlawfully withheld wages and benefits. Claimants seek to recover all damages in connection with Defendants' unlawful actions. Claimants also seek recovery of all attorney's fees, costs and expenses as are necessarily incurred by them in prosecuting this action. The name or names of the public employee or employees causing the iniury, damage, or loss, if known: The City of Beaumont, the Beaumont Police Department, Frank Coe, Greg Fagan, Mark Keyser, and other as yet unidentified employees, agents, and elected officials of the City of Beaumont. The amount claimed: This claim, if not resolved, will be filed as an unlimited civil case. Dated: November 3, 2011 Attorneys for Claimants, BEAUMONT POLICE OFFICERS ASSOCIATION; SCOT DAVIS; BRIAN FORD; JEREMY HARRIS 3.e-- TO: CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: REVISED PUBLIC RECORDS RETENTION AND DESTRUCTION POLICY DATED: DECEMBER 6, 2011 BACKGROUND In May, 2011, the Council approved Resolution No. 2011 -09, adopting a public records retention and destruction policy. The Policy has been functioning as intended, but considering its complexity, from time -to -time staff discovers that minor changes need to be made. The attached Resolution is intended to incorporate several minor changes. DISCUSSION The changes include the following: Citizen complaints, which formerly were required to be kept for 3 years, will be kept for 5 years under the new Resolution, for the reason that State law requires it. 2. Under the heading of "Human Resources" outdated personnel policies will be maintained for 3 years. 3. Also under the heading of "Human Resources ", a distinction is made between personnel records of job applicants, which will be maintained for 2 years and those of employees, whose records shall be maintained for a minimum of 3 years (in paper form). RECOMMENDATION Staff recommends that Resolution No. 2011 -27 be adopted as proposed. 11/9/11 RESOLUTION NO. 2011-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ADOPTING A PUBLIC RECORDS RETENTION AND DESTRUCTION POLICY The City Council of the City of Beaumont hereby resolves as follows: Section 1 • Purpose As a result of the growth of the City and the increase in the number of residents and businesses, the logistical demands of cataloging, storing and retrieving City records, documents, instruments, books and papers (collectively, "records ") has caused a substantial increase in the amount of staff time devoted to such tasks, and the City is rapidly running out of space within which to store its records. Therefore, it is the purpose of this Resolution to adopt guidelines governing the retention and disposal of City records, to ensure prompt and accurate retrieval of records, and to ensure compliance with legal and regulatory requirements. Section 2: Retention of Public Records All City records shall be kept in either: (a) its original paper form, or (b) electronically, provided that the electronic copy complies with the requirements of Section 4 below. Whether kept in paper form or electronically, records shall be kept for the minimum period of time required by law (see Section 5, below), or until the record is no longer required, whichever period is longer. Section 3: Expiration of Retention Period: Destruction of Records Upon expiration of the retention period applicable to a City record, the record may be destroyed in one of the following two ways: A. No Copy Retained, Permission Required: if the record is proposed to be destroyed without retaining an electronic copy, the record shall only be destroyed with the permission of the City Attorney; or B. Copy Retained, No Permission Required: if the record is proposed to be destroyed but an electronic copy will be made and maintained according to the provisions of Section 4 below, no permission to destroy the record is necessary. Section 4: Requirements for Making Electronic Conies of Records City records may be destroyed without the written consent of the City Attorney if all of following conditions are complied with: A. The record is electronically recorded in a trusted system that does not permit additions, deletions or changes to the original record; and B. The device used to reproduce the record is one which accurately and legibly reproduces the original thereof in all details and does not permit additions, deletions, or changes to the original document images; and C. The electronic record is made as accessible for public reference as the original records were; and D. A second true electronic copy of archival quality of the original version shall be kept in a safe and separate place for security purposes. No page of any record shall be destroyed if any page cannot be reproduced electronically with full legibility. Every un- reproducible page shall be permanently preserved for the period of time required by law in a manner that will afford easy reference. For purposes of this Section, every reproduction shall be deemed to be an original record and a transcript, exemplification or certified copy of any reproduction shall be deemed to be a transcript, exemplification or certified copy, as the case may be, of the original. Section 5: Retention of Records by Each City Department Except for records which must be kept indefinitely (Section 1, above), records shall be retained, whether in original form or electronically, for the minimum of amount of time specified below, or until the same is no longer required, whichever is longer: Administrative Services (which includes City Clerk, Risk Management and Administrative Office): Indefinitely: Records affecting title to the Ci 's real property (deeds, easements, etc.) City Council Meeting Minutes Planning Commission Meeting Minutes Ordinances, Resolutions Historical documents Municipal Code books 2 years: Audio and video tapes of meetings Loyalty oaths (after employment or leaving office) Agendas City Council and Planning Commission Meeting folders/packets 2 Applications for appointment to Boards, Commission and Committees Membership in municipal organizations and groups Election petitions (initiative, referendum, recall and nomination) General correspondence Revised policies and procedures Press releases 4 years: Redevelopment Agency Agreements Service Contracts Leases Proofs of Publication 5 years: Citizen complaints 8 years: Election candidate statements Statements of Economic Interests (including losing candidates) Statements of Economic Interests- designated employees Campaign Statements (including losing candidates and their Committees) Campaign Statements - general and specific purpose Committees Certificates of Election Cable TV Franchise Agreements Solid Waste Franchise Agreements Joint Powers and Cooperative Agreements Building and Safety: For the Life of the Building: Commercial building plans Building Permits Condominium Plans Residential Apartment Plans Single Story Buildings with roof spans of more than 25 feet 2 years: General correspondence 3 years: Code Enforcement violations Nuisance Abatement (including substandard structures) Community Services: 2 years: General correspondence Facility Use Agreements 4 years: Daily worksheets Finance: Indefinitely: 2 years: Order, shipping and billing records (sewer and trash) General correspondence 3 years: Sales and purchase records Business Licenses 5 years: Budget preparation files Municipal Bonds (after pay -off) Reports -- Census, Riverside County, State Insurance Policies 6 years: California income tax records ERISA records Audit reports Warrant register 15 years: Federal Income Tax records Human Resources: Indefinitely: Certain ERISA records to determine benefits due 2 years: Time cards Wage rate tables Work time schedules Records of additions to or deductions from wages Job applications, including, job advertisements, test papers, physical exams and polygraph test records Job descriptions and job qualifications (outdated) Loyalty oaths General correspondence Internal investigations of employee misconduct 4 3 years: Plans, trusts and collective bargaining agreements (expired) Employee notices Minors' work permits Retirement, pension and insurance plans (expired) Family and Medical Leave Act records California Family Rights Act records Federal Immigration (Form I -9) records Personnel files (after employment has ended) Personnel policies and procedures (outdated) 4 years: Payroll records Income Tax Withholding Records Federal Unemployment Tax Records FICA Contributions Records Expired Insurance Policies 5 years: OSHA Log and Summary of Occupational Injury and Illnesses ( "OSHA Log 200 ") Employees' Claims for Worker's Compensation Benefits (DWC Form 1) Employer's Report of Occupational Injury or Illness (DLSR Form 5020) Reports to the Division of Worker's Compensation (e.g., DWC Form 500) Doctor's First Report of Occupational Injury or Illness (DLSR Form 5021) All medical records and reports WCAB Orders and Awards Records of payment of compensation benefits Copies of applications for adjudication of claim filed with the WCAB Copies of notices sent to the employee Worker's Compensation Claim Log PERS contracts and related documents (after expiration or termination) Illness and injury prevention program inspection and training records 30 years: Records of employee exposure to hazards such as toxic chemicals, high levels of noise, airborne contaminants and blood borne pathogens Information Systems: 2 years: E -mails and correspondence Office of Emereency Services: Indefinitely: 2 years: General correspondence Planning and Community Development Department: Indefinitely: Spheres of Influence Annexations Variances Subdivisions and Parcel Maps General Plans and Specific Plans Zone Maps and Text Landscape Plans and Approvals Land Use Permits and related environmental documents Sign Permits Certificates of Compliance Redevelopment Area LAFCO documents Lot line adjustments Street vacations 2 years: General correspondence Recorded documents pertaining to private property (e.g., lot line adjustments, parcel mergers) (Note: these documents are normally recorded by the City Clerk) 5 years: EIRs, Negative Declarations Fagade Rehab Contracts Community Development Block Grant (" CDBG ") documents Planning grants and other funding requests (unless other retention required by grantor) 6 Public Works: Indefinitely: 2 years: Risk Management: 5 years: Transit Services: Indefinitely: As -built plans and drawings Unaccepted bids and proposals to construct or install General correspondence Claims and Litigation files (closed cases) 1 year: Videotapes and recordings, provided, however, such videotapes shall be preserved and retained as evidence in any reported incident, claim filed or any pending litigation and destroyed only after any such incident, claim or litigation is resolved. 2 years: General correspondence 5 years: Short Range Transit Plans CHP Inspections Triennial Performance Audits MOVED, PASSED AND ADOPTED this day of , 2011, upon the following vote: AYES: NOES: ABSTAIN: ABSENT: BRIAN DE FORGE, Mayor ATTEST: Deputy City Clerk 7 10/26/11 RESOLUTION NO. 2011-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ESTABLISHING THE BEAUMONT YOUTH ADVISORY COUNCIL Recitals WHEREAS, it is the policy of the City Council to develop programs that meet the needs of the City's youth, to improve the quality of their lives, and to provide opportunities for growth and to be of service to the community; and WHEREAS, developing habits of good citizenship and encouraging the leadership potential of our youth depends in large measure on opportunities for community involvement; and WHEREAS, the City Council has been informed and believes that both the youth of our City and City government would be substantially benefited by the establishment of a youth advisory council. NOW, THEREFORE, the City Council hereby resolves as follows: 1. Establishment of Youth Council. There is hereby established the "Beaumont Youth Advisory Council" (BYAC). 2. Membership. The BYAC shall be composed of residents of the City of Beaumont or who attends a school in the Beaumont Unified School District, and are in grades 6 through 12, inclusive. The membership shall also consist of one City Councilmember. All BYAC members shall be appointed by the City Council and shall serve at the pleasure of the City Council for a minimum term of one year. 3. Purpose. It shall be the purpose of the BYAC to promote the involvement of Beaumont youth in community affairs. The BYAC shall support, plan and facilitate community events and programs that enhance the involvement of youth in community affairs. BYAC members shall attend meetings of the City Council whenever practicable, and shall provide advice, assistance and recommendations to the City Council and to the City Manager. 4. Meetings. The BYAC shall strive to conduct regular monthly meetings, which meetings shall be open to the public. The BYAC is authorized to conduct its meetings at the Albert A. Chatigny, Sr. Community Recreation Center. Minutes of each meeting shall be kept and maintained, and open for inspection by the public. 5. Reaulation of Internal Affairs. The BYAC is authorized to adopt such rules and regulations concerning the conduct of its affairs as may be needed, which rules and regulations shall be maintained in a BYAC Policy Manual. Such rules and regulations may include, but are not limited to, the appointment of officers, the creation of committees, the preparation of meeting agendas and the establishment of regular meeting dates and times. MOVED, PASSED AND ADOPTED this day of , 2011 by the following vote: AYES: NOES: ABSTAIN: ABSENT: BRIAN DE FORGE, Mayor ATTEST: Deputy City Clerk K 2 Agenda Item No. STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: COMMUNITY AND ECONOMIC DEVELOPMENT DEPT. AGENDA DATA: DECEMBER 6, 2011 SUBJECT: BUSINESS LICENSE — AUTOMOBILE FOR HIRE PERMIT ( #11 -0025) ALPHA AMBULANCE ( NON - EMERGENCY MEDICAL TRANSPORT) BACKGROUND/ANALYSIS: Staff is in receipt of a request for "Out -of- Town" business license application by Alpha 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 a dispatching office at 1860 Chicago Avenue, Suite #G -20, Riverside, CA. All of the vehicles related to transport of passengers for the Beaumont area would be stored and dispatched from this location. 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 -025) Alpha Ambulance - Non - Emergency Medical Transport. Respectfully Submitted, Chris Tracy Associate Planner, AICP AUTOMOBILE FOR HIRE "ALPHA AMBULANCE" — NON EMERGENCY MEDICAL TRANSPORT PERMIT #11 -0025 CONDITIONS OF APPROVAL Alpha Ambulance — Non Emergency Medical Transport was approved by the Beaumont City Council at its meeting on December 6, 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 5.28.090 and .100 4. Any additional requirements shall be satisfied, as described under Section 5.28 "Automobiles for Hire ", at all times. 1-1Z L.•tyCygr �� -'''' ofBeaumont Planning Department 550 E. 6`h Street Beaumont, CA 92223 (951) 769 -8518 www.ci.beaumont.ca.us Case No. 2 Receipt No. --f -- Fee $ T Date Paid �— AUTOMOBILE FOR HIRE APPLICATION Application Type: ❑Taxicab %krnbulance ❑Other: 1. Applicant's Name jaL.E k 14PiZ\ Phone 4100 �gLrs� •'R.LASS" rnv�alk -cov 3Z3 3-103 2. Applicant's Address 2—coq. s 'ANN -S Co4kP 33o nl. Sc- R.EEWZJAt aa. * B-.0 -e"o-zAV►y.. CA'Cif� /Zip 3. Business Name NL:N A, ��� Phone 3Z3 931 OSOp (If corporation or partnership application must include names of principal officers or partners) 4. Business Address 4-ZS Sovrt H •KA\2 A.. AV c Nte Z -t yi City /St/Zip �loo3�p 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 AND COMPLETENESS: I hereby certify that to the best of my knowledge the information in this application and all attached answers and exhibits are true, complete, and correct. S7�. O. 2--1 • \ Print Name and Sign — R I V E R S I DE COUNTY COMMUNITY HEALTH AGENCY • DEPARTMENT OF PUBLIC HEALTH EMERGENCY MEDICAL SERVICES AGENCY AMBULANCE DESCRIPTION LIST Date: October 25, 2011 Completed by: Wesley Kingsbury Lic.No. Year Make Model Type Vehicle ID *Mileage /Pt. Capacity 8Z46095 2009 Ford E350 II 1FDSS34P99DA93551 35221/2 8V38856 2009 Ford E350 II 1FDSS34P09DA93549 33491/2 8W20322 2010 Ford E350 II 1FDSS3EP9ADA37094 24352/2 44036C1 2010 Ford E350 II 1FDSS3EP2ADA36420 16120/2 9533261 2010 Ford E350 II 1FDSS3EP2ADA39561 7821/2 Attach a copy of the current CHP Ambulance Inspection Report (CHP 301) for each ground vehicle listed. *Air Ambulances must include flight hours instead of mileage. . LPHA AMBULANCE Vehicle 09 -113 VIN :1 F DSS34P99 DA93551 License:8Z46095 Riverside License: FY12 -086 CHP License #:1931 -11481 Expiration: 01/17/2012 • L AMBULANCE • Vehicle 09 -114 • VIN: IFDSS34P09DA93549 • License: 90683A1 • Riverside License: FY12 -087 • CHP License #:1931 -11480 • Expiration: 01 /17/2012 • LPHA AMBULANCE • Vehicle 10 -118 • VIN:IFDSS3EP9ADA37094 • License: 8W20322 • Riverside Permit: FY12 -088 • CHP License #:1931 -11676 • Expiration: 01 /17/2012 • LPHA AMBULANCE • Vehicle 10 -121 • VIN:IFDSS3EP2ADA36420 • License: 44036C1 • Riverside Permit: FY12 -089 • CHP License #:1931 -11755 • Expiration: 01 /17/2012 "ur,". 4 /,a L�1 PHA' MBULANCE • Vehicle 10 -124 • VIN: IFDSSEP2ADA39561 • License: 95332B1 • Riverside Permit:FY12 -090 • CHP License #:1931 -11832 • Expiration: 01 /17/2012 PROVIDER BLS ALS (911) CCT MILEAGE OXYGEN NIGHT DRY RUN OTHER pha Ambulance 4 $819.75 County NA NA $2&OD/mile County $95.75Cou $95.75 county NA FOR ADDITIONAL MISC. PROVIDER FEES, PLEASE CONTACT RIVERSIDE COUNTY EMS AGENCY FOR FURTHER INFORMATION $463.00 aty $29.50/mile Oty 5114.50 city $125.00 aty neriCare Ambulance $1,499.00 NA $2,999.00 $39.00 /mile $199.00 $199.00 NA AR (911Provider) 4 $560.00 $1,174.00 $Lsis.00 $32.50/mOe $139.00 $152.00 NA $745.00 SL720. $35.00 I/the(911Provider) 4 $976.00 $1,445.00 NA $30.00 /mile $104.00 $104.00 $616.00 ALS $616.00 BLS C.F.D. (911 Provider) >� NA $1,100.00 NA $28.00 /mile NA $119.00 NA ivalry Ambulance 4fi $745.00 NA $26.40 /mile $95.00 NA NA $ 14MDOC ALS )le- Schaefer Ambulance Oft $438.00 NA $975.00 $13.75 /mile $46.00 $60.00 NA H.P. Air Ops. F;&- NA NA NA NA NA NA NA \L Fire - Coves (911 Pmvw.r) 4W NA NA NA NA NA NA NA 1L Fire - Indio (911 Provider) NA $1,2W.00 Residerd None $22.00 /mOo $10.00 fuel wmhwp NA $115.00 $120.00 $1,200.00 Non•Resldwd ?sert C.C.T. Ora $785.00 NA $1,395.00 $28.00 /mile $80.00 $100.00 NA $985.00 Code 3 ?ntle Care Transport 4!$i $350.00 NA NA $15.00 /mile $79.50 $95.00 NA .P.D. (911Provider) $525.00 $943.00 Resident NA $20.00 /mile $128.00 $116.00 $125,00 $1,143.00 Non- Resident $682.00 NA $1585.000CT $25.00 /mile NA NA NA $1,045 N.% $1.210 MS Em $1,375 ALS level 2 3erty Ambulance 4% NA $1,800.00 CCT $22.00 /mile $95.00 $95.00 NA Sa4$76&00 eline Ambulance 4 % $897.75 NA NA $17.00 /mile $59.25 $76.50 NA «$46.50 Code 2 ♦$11&00 Code3 nch Ambulance 4% $1,011.40 NA NA $18.20 /mile $88.40 NA NA ercy Air } NA $18,340.35• NA $180.39 /mile• NA NA NA ission Ambulance 41{ $865.70 NA CCT1: zsl.eo $26.40 /mile $89.10 NA NA CCT 2:$1,7n 0 orongo Basin Ambulance 4ft s� NA NA $23.19 /mile $85.19 $86.69 NA cod icific Ambulance 4! $925.00 NA $1,995.00 BLS 20.00/mil. CCT $22.00/mile $80.00 $75.00 NA iority 1 Med. Transp. 4 $909.75 NA $1,232.50 $17.00 /mile $84.00 $76.50 NA emier Med. Transp. 4{& $341.17 NA NA $15.12 /mile $83.19 $96.05 NA E.A.C.H. Air NA VFR: $25,000.00 NA $220.00 /mile" NA NA NA ,mons 4% $700.00 NA $2,275.00 $25.00 /mile $50.00 $100.00 NA alley Med. Transp. Ats $785.00 NA NA $25.00 /mile $80.00 NA NA Mileage fee capped at $11,658.65 & Total charge capped at $29,999.00 For the first 100 miles, then $50 /mile ' ALS on board with BLS unit Outside of City of Riverside 4% Private Ambulance Provider Public Safety Agency (Fire Department) -Air Ambulance Provider F�&-Air Rescue Provider AC ?RD- CERTIFICATE OF LIABILITY INSURANCE DATE 1 PRODUCER NOVA INSURANCE SERVICES 3407 W 6TH STREET STE 618 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. POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L LOS ANGELES CA 90020 -2553 INSURERS AFFORDING COVERAGE NAIC# INSURED ALPHA AMBULANCE INC 425 S. FAIRFAX AVE # 205 INSURERA: ZURICH AMERICAN INSURANCE CO. LIMITS INSURER B: INSURER C: PRA9475000 -00 INSURER D: 02/19/12 LOS ANGELES CA 90036 INSURER E: DAMAGE TO TED PREMISES R ocouren. w ncc� THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L DD' -TYPE F POLICYNUMBER POLICYEFFECTIVE DA /DD1YY POLICYEXPIRATION D MM1DD1YY LIMITS GENERAL LIABILITY PRA9475000 -00 02/19/11 02/19/12 EACH OCCURRENCE S 3,000,0 qp DAMAGE TO TED PREMISES R ocouren. $ 10(),000 ✓ COMMERCIAL GENERAL LIABILITY CLAIMS MADE V OCCUR MED EXP (Any one person) $ 5,000 PERSONAL 8 AOV INJURY $ 3,000,000 A A GENERAL AGGREGATE S 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG S 3,000 000 POLICY PE OT LOC AUTOMOBILE LIABILITY - PRA9475000 -00 02/19/11 02/19/12 COMBINED SINGLE LIMIT $ ],� 000, 0 0 0 ANY AUTO (Ea a.ident) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) A A HIREDAUTOS BODILY INJURY $ NON -OWNED AUTOS - (Per accident) V( DEDUCTIBLE $ 500 PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ IT ANY AUTO- - S AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S $ DEDUCTIBLE $ RETENTION $ WG STATU- 0TH- WORKERS COMPENSATION AND E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE -EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S OTHER PL9474824 -00 02/19/11 02/19/12 EACH OCCURANCE 3,000,000 A PROFESSIONAL AGGREGATE $3,000,000 LIABILITY UNINSURED MOT. $ 73,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS AMBULANCE SERVICES PROOF OF INSURANCE COMP -LOLL DEDUCTIBLE IS $ 1,000 CURRENT PORTABLE EQUIPMENT LIMIT IS $ S7,897 DEDUCTIBLE $1,000 2010 FORD Via if 1FDSS3EP6ADA40146 value $ 73,000 added as of 07/25/11 CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED AND LOSS PAYEE ABUSIVE ACTS LIABILITY COVERAGES I5 $ 1,000,000 L 9USQUERANNA COM14ERCIAL FINANCE , INC 654 AMHERST ROAD SUNDERLAND ACrnRD 25 (2001/081 SHOULD ANY OF THE ABOVE UEtiCItIBtU I'ULIUILU UL CANCCLLED DEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL , ? DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT F LURE TO'bb ,O SHALL IMPO$F NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE IISl2�F9r'1'I'B /E LENTO OR MA 1375 AUTHORIZED REPRESENTATIVE ffm ©ACORD CORPCW40N 1988 Agenda Item S - k STAFF REPORT To: Honorable Mayor and City Council Members From: Redlands Bike Classic Date: December 6th, 2011 Subject: Fee waiver for 2012 Redlands Bicycle Classic — Beaumont Circuit Background and Analysis: The Beaumont stage of the 2011 Redlands Bicycle Classic occurred on Friday, April 1, 2011. This year's race attracted nearly 400 bicyclists from around the world and included a men's race, women's race, and hand cycle race. The course started in front of the Beaumont City Hall on East 6t'' Street and continued four times around a nearly twenty -five mile course that encompassed Beaumont, Cherry Valley and portions of Calimesa. The success of this year's event was truly dependent on the cohesive dedicated from our city employees, allied agencies, and the Redlands Bicycle Classic volunteers. This past year's event required 60 city employees, 48 allied agency personnel, totaling 107 personnel. With months of preparation and flexing schedules, we were again able to avoid incurring overtime pay. Other costs included; toilets, notice in utility bills, street sweepers, promotional items and special events policy (insurance) at a total cost of approximately $4,500.00. Approximately 36 items of city owned equipment were utilized during the event, which included vehicles, digital display signs and other equipment. The Redlands Bicycle Classic has again invited the City of Beaumont to participate in the 2012 race set for Friday, March 23rd, 2012. The Redlands Bicycle Classic asks for the support of the Beaumont City Council by approving and waiving the fees associated with this event. Recommendation: Staff recommends that the City Council APPROVE and WAIVE the costs and fees associated with this important community event. Respectfully S mitted; _ Ashley Starr i eQlAti�ls Bicycle Classic March 22nd — March 25th, 2012 Beaumont City Council November 12, 2011 550 E. 6`h Street Beaumont, CA 92223 Mayor Brian De Forge Mayor Pro Tem. Roger Berg Councilmember David Castaldo Councilmember Jeff Fox Councilmember Nancy Gall Dear Mayor De Forge and Council Members, Let me begin by once again thanking you and the many City and community leaders who have made the Redlands Bicycle Classic (RBC) race event in the City of Beaumont a very big success for the past four years. As I have mentioned at past Council meetings, the "all volunteer" Redlands Bicycle Classic Organizing Committee, and the racing community, continue to be very impressed with how supportive and responsive the City has been in making this a safe and successful event. On behalf of the RBC Organizing Committee, it is with great pleasure that I once again request your partnership and support for the 2012 race. We anticipate a similar format for our 2012 race which is currently planned to begin on Thursday, March 22nd and conclude Sunday, March 25d`. One again, professional athletes from around the world will pursue the cycling challenges and National points that will be offered by the RBC. We are hopeful that the City of Beaumont will once again host the three circuit races on Friday, March 23rd, including the nationally recognized handcycle race. For 2012, the Classic will maintain our focus on three key areas, Health, Environment and Diversity, all of which bicycling has a positive impact on. In addition to providing the United States with a premier professional cycling competition (including the circuit races in Beaumont), the RBC will continue to offer events in Redlands for local citizens of all ages who want to experience the thrill and excitement of organized bicycle racing. These include public races, showcasing future cycling talent and encouraging positive activities for our youth. We will also continue the Elementary and Middle School challenge, encouraging children to train, race and compete. Our committee remains dedicated to bring recognition and benefit to local communities, including the City of Beaumont, by organizing and hosting nationally honored cycling competitions. In the cities where this event has been held, it has become a tradition for many local service clubs and non - profit groups to raise funds for their programs through association with the event. Local business owners also benefit from the many participants and spectators who stay in their motels, eat in their restaurants, buy their fuel, and shop in their stores during the event. On behalf of the Organizing Committee, I respectfully request that the City once again waive costs and fees associated with this important community event. The Redlands Bicycle Classic is far more than just a bike race. It is a well established tradition that brings communities together in a healthy and family oriented environment. This event would not be possible without the support of local cities and countless volunteers. With the City of Beaumont's participation, we look forward to building on the success of past races and putting on an even better event in 2012. Sincerely, Daniel J. Rendler President Redlands Bicycle Classic P.O. Box 7880, Redlands, CA 92375 909 - 798 -0865 909 - 510 -4556 fax www.redIandscIassic.com RESOLUTION NO. 2011-31 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 93-1 APPROVING THE REVISED FORM OF LEGAL DOCUMENTS RELATING 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 WHEREAS, the City of Beaumont (the "City ") established City of Beaumont Community Facilities District No. 93 -1 (the "District ") pursuant to provisions of the "Mello - Roos Community Facilities Act of 1982" (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Code "), to finance the purchase, construction, expansion or rehabilitation of certain real and other tangible property with an estimated useful life of five years or longer, including public infrastructure facilities and other governmental facilities, which are necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within the District (the "Project "); WHEREAS, after a duly called public hearing, the District has annexed land into the District and has established Improvement Area No. 17B ( "Improvement Area No. 1713") and has approved the levy of a special tax pursuant to the Rate and Method of Apportionment for Improvement Area No. 17B (the "Rate and Method ") and has authorized bonded indebtedness to finance the Project for Improvement Area No. 17B and has submitted the levy of the special tax and the authorized bonded indebtedness to the qualified electors within such Improvement Area, all as required by the Act; WHEREAS, the Notice of Special Tax Lien has been filed with the County Recorder of the County of Riverside relating to Improvement Area No. 17B on December 6, 2006 as Instrument No. 2006 - 0895304, as provided by the Act; WHEREAS, the Beaumont Financing Authority (the "Authority ") was organized to provide financial assistance to the District; WHEREAS, to provide funds for the acquisition, construction and installation of the Project, the Authority has approved the issuance of its Revenue Bonds (the "Authority Bonds ") in an amount not to exceed $14,000,000 to be used in part to purchase bonds issued by the District in an amount not to exceed $14,000,000 in two series with respect to Improvement Area No. 17B (the "District Bonds "); WHEREAS, in order to provide for the authentication and delivery of the District Bonds, to establish and declare the terms and conditions upon which the District Bonds are to be issued and secured and to secure the payment of the principal thereof and interest thereon, the District desires to enter into a Twenty -Third Supplemental Indenture (the "Twenty -Third Supplemental Indenture ") between the District and Union Bank, N.A., as trustee (the "Trustee "), BMT17B RES ISS CFD 2011b supplemental to the Indenture of Trust, dated as of January 15, 1994, by and between the District and the Trustee (successor to BNY Western Trust Company, which was successor to The Bank of New York Trust Company of California, which was successor to Meridian Trust Company of California) (the "Original Indenture" as heretofore supplemented and amended and as supplemented by the Twenty -Third Supplemental Indenture, the "Indenture "); WHEREAS, a revised form of the Preliminary Official Statement (the "Preliminary Official Statement ") relating to the financing of the public capital improvements for the Improvement Area, including the refunding of bonds issued therefor, has been presented to the District and is on file with the City Clerk (the "City Clerk ") on behalf of the District; WHEREAS, a revised form of the Purchase Contract for Purchase and Sale of District Bonds by the Authority (the "District Bonds Purchase Contract ") has been presented to the City Council and is on file with the City Clerk; and WHEREAS, the District is authorized to undertake all of the above pursuant to the provisions of the Act, and proceedings undertaken by the District thereunder, including the election conducted and held in Improvement Area No. 17B on November 21, 2006; NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 93-1 AS FOLLOWS: Section 1. Recitals. All of the above recitals are true and correct. Section 2. Twenty -Third Supplemental Indenture. The proposed form and content of the Twenty -Third Supplemental Indenture, a revised copy of which is on file with the City Clerk, with appropriate changes to reflect the sale of the District Bonds to the Authority and the terms of the sale of the Authority Bonds, the terms of redemption of the District Bonds and of the Authority Bonds, the terms of prepayment of Special Taxes and other matters as deemed appropriate by the City Manager in consultation with Bond Counsel and the City Attorney and with such other additions and changes therein as are approved as to form by Bond Counsel and the City Attorney and as are approved as to content by the Mayor of the City (the "Mayor ") is hereby approved. The Mayor is hereby authorized and directed, for and in the name of and on behalf of the District, to execute and deliver the Twenty -Third Supplemental Indenture as so finally approved, and the City Clerk is authorized to attest thereto, such approval to be conclusively evidenced by such officer's execution and delivery of the Indenture. Section 3. Preliminary Official Statement. The revised form and content of the Preliminary Official Statement is hereby approved and the City Manager and other staff, acting on behalf of the District, are hereby authorized and directed to cause a final official statement (the "Official Statement ") to be prepared in connection with the sale of the Authority Bonds. The distribution of the Preliminary Official Statement and of the Official Statement in connection with the public offering of the Authority Bonds is hereby approved. The Mayor or the City Manager, acting singly on behalf of the District, is hereby authorized to determine that the Preliminary Official Statement is deemed final for purposes of Rule 15c2 -12 of the Securities 2 BMT17B RES ISS CFD 20116 and Exchange Commission ( "Rule 15c2 -12 ") and to execute a Certificate (the "15c2 -12 Certificate "), for and in the name of the District, to certify the same. The Mayor or the City Manager is hereby authorized and directed, for and in the name of and on behalf of the District, to execute and deliver the Official Statement in substantially the form of the Preliminary Official Statement, with such additions and changes therein as are approved as to form by Bond Counsel and the City Attorney, and as are approved as to content by the officer executing the certificate, such approval to be conclusively evidenced by such officer's execution and delivery of the Official Statement. Section 4. District Bonds Purchase Contract. The form and content of the District Bonds Purchase Contract relating to the negotiated sale of the District Bonds to the Authority, a copy of which is on file with the City Clerk, with appropriate changes to reflect the sale of the District Bonds to the Authority, the terms of redemption of the District Bonds and the Authority Bonds, the terms of prepayment of Special Taxes and such other matters as deemed appropriate by the City Manager in consultation with Bond Counsel and the City Attorney and with such other additions and changes therein as are approved as to form by the City Attorney, and as are approved as to content by the Mayor or the City Manager is hereby approved. The Mayor or the City Manager is hereby authorized and directed, for and in the name of and on behalf of the District, to execute and deliver the District Bonds Purchase Contract in substantially the form presented to and considered at this meeting, and the City Clerk is authorized to attest thereto, with such additions and changes therein as are approved as to form by the City Attorney and as are approved as to content by the Mayor or the City Manager, such approval to be conclusively evidenced by such officer's execution and delivery of the District Bonds Purchase Contract. Section 5. Continuing Disclosure Agreement. The Continuing Disclosure Agreement (the "Continuing Disclosure Agreement ") pertaining to the Authority Bonds and the District Bonds to be entered into by the District and by the Trustee, a revised copy of which is before the City Council and is on file with the City Clerk, with appropriate changes to reflect the purchase of the Authority Bonds and such other matters as deemed appropriate by the City Manager in consultation with Bond Counsel and the City Attorney and with such other additions and changes therein as are approved as to form by the City Attorney, and as are approved as to content by the City Manager is hereby approved. The Mayor and the City Manager are, and each of them is, hereby authorized and directed, for and in the name of the District, to execute and deliver to the Trustee the Continuing Disclosure Agreement in substantially said form as approved by the City Manager, with such changes therein as the City Attorney, Bond Counsel and Authority Counsel may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Continuing Disclosure Agreement on behalf of the District. Section 6. Approval of Prior Actions. All actions heretofore taken by any officer or officers of the City on behalf of the District, with respect to the issuance or sale of the District Bonds or the Authority Bonds, or in connection with or related to any of the agreements referenced herein or the financing of the Project are hereby approved, confirmed and ratified. BMT17B RES ISS CFD 2011b Section 7. Further Actions. The Mayor, the Vice Mayor, the City Manager, the City Attorney, the City Finance Director, the City Clerk, any Assistant City Clerk, and any other officers of the City, are, and each of them acting alone is, hereby authorized and directed, for and in the name and on behalf of the District, to take such actions and to execute such documents and certificates as may be necessary to effectuate the purposes of this Resolution. The Mayor may designate and grant the Vice Mayor or the City Manager the authority to execute any of the agreements to be executed by the Mayor pursuant to this Resolution. Section 8. Effect. This Resolution shall take effect immediately upon its adoption. MOVED, PASSED AND ADOPTED this 6th day of December, 2011, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Deputy City Clerk Mayor 4 BMT17B RES ISS CFD 2011b SCHEDULEI Documents incorporated by reference to materials filed with the City Clerk: 1. Twenty -Third Supplemental Indenture of Trust. 2. Preliminary Official Statement. 3. Purchase Contract for Purchase and Sale of Local Obligations. 4. Continuing Disclosure Agreement. Sch 1 -1 BMT17B RES ISS CFD 2011b TWENTY -THIRD SUPPLEMENTAL INDENTURE OF TRUST DATED AS OF DECEMBER 1, 2011 Executed by and between CITY OF BEAUMONT COMMUNITY FACILITIES DISTRICT NO. 93 -1 and UNION BANK, N.A., as Trustee City of Beaumont Community Facilities District No. 93 -1 Special Tax Bonds, 2011 Series A (Improvement Area No. 17B) and City of Beaumont Community Facilities District No. 93 -1 Special Tax Bonds, 2011 Series B (Improvement Area No. 17B) TABLE OF CONTENTS Page Recitals............................................................................................................... ..............................1 ARTICLE I AUTHORITY AND DEFINITIONS Section 1.01. Supplemental Indenture .................................................. ..............................3 Section 1.02. Authority for this Twenty -Third Supplemental Indenture ............................3 Section1.03. Definitions ....................................................................... ..............................3 ARTICLE II DISTRICT BONDS Section 2.01. Authorization of District Bonds ...................................... ..............................5 Section 2.02. Form, Denomination, Numbers and Letters .................... ..............................6 Section 2.03. Rate Stabilization Fund ................................................... ..............................6 Section 2.04. Residual Fund ................................................................. ..............................7 Section 2.05. Redemption Fund ............................................................ ..............................7 Section2.06. Other Matters .................................................................. ..............................8 ARTICLE III ISSUANCE OF DISTRICT BONDS; APPLICATION OF PROCEEDS; ADDITIONAL BONDS Section 3.01. Issuanace of District Bonds ............................................. ..............................9 Section 3.02. Application of Proceeds of the District Bonds ................ ..............................9 Section 3.03. Special Escrow Fund ...................................................... .............................11 ARTICLE IV REDEMPTION OF THE DISTRICT BONDS Section 4.01. Terms of Redemption .................................................... .............................14 ARTICLE V AMENDMENT OF PROVISIONS OF THE ORIGINAL INDENTURE WITH RESPECT TO THE DISTRICT BONDS Section 5.01. Amendment to the Original Indenture ........................... .............................14 ARTICLE VI INDENTURE TO REMAIN IN EFFECT; COUNTERPARTS Section 6.01. Indenture to Remain in Effect ........................................ .............................16 Section 6.02. Execution in Counterparts .............................................. .............................16 -1- EXHIBIT A B MATURITY/PAYMENT SCHEDULE... EXHIBIT B B DEPOSITS TO ACCOUNTS ................... -11- ......................... ............................... A -1 ......................... ............................... B -1 TWENTY -THIRD SUPPLEMENTAL INDENTURE OF TRUST This Twenty -Third Supplemental Indenture of Trust (this "Twenty -Third Supplemental Indenture "), dated as of December 1, 2011, is by and between the CITY OF BEAUMONT COMMUNITY FACILITIES DISTRICT NO. 93 -1 (the "District'), a community facilities district duly organized and existing under and by virtue of the laws of the State of California, and UNION BANK, N.A. (the "Trustee "), a national banking association organized and existing under the laws of the United States of America with a corporate trust office in Los Angeles, California, being qualified to accept and administer the trusts created under the Indenture of Trust, dated as of January 15, 1994, by and between the District and the Trustee (formerly known as Union Bank of California, N.A.) (as successor to BNY Western Trust Company, which was successor to The Bank of New York Trust Company of California, which was successor to Meridian Trust Company of California) (the "Original Indenture," and as amended and supplemented from time to time in accordance with the terms thereof, including by this Twenty -Third Supplemental Indenture, the "Indenture "). WITNESSETH: WHEREAS, the District is a community facilities district duly organized and existing under and pursuant to the Mello -Roos Community Facilities Act of 1982, commencing with Section 53311 of the Government Code of the State of California; WHEREAS, the District has heretofore entered into the Original Indenture, as heretofore amended and supplemented including by this Twenty -Third Supplemental Indenture, to provide for the securing of bonds; WHEREAS, the District desires to issue two series of its Community Facilities District No. 93 -1 Special Tax Bonds, designated the "2011 Series A Bonds" and the "2011 Series B Bonds" with respect to Improvement Area No. 17B (collectively, the "District Bonds ") in order to refund an existing series of bonds and to finance a portion of the costs of the Project; WHEREAS, the District Bonds will be issued and secured under the Original Indenture as heretofore amended and supplemented including by this Twenty -Third Supplemental Indenture; WHEREAS, Article IX of the Original Indenture provides that the Indenture may be supplemented without the consent of the Bond Owners under certain specified conditions, including to facilitate the issuance of a Series of Bonds by the District; WHEREAS, the District desires to issue the District Bonds; and WHEREAS, the District hereby certifies that all acts and proceedings required by law necessary to make the District Bonds, when executed by the District, authenticated and delivered by the Trustee and duly issued, the valid, binding and legal special obligations of the District, and to constitute this Twenty -Third Supplemental Indenture a valid and binding agreement for the uses and purposes herein set forth in accordance with its terms, have been done and taken, and the execution and delivery of this Twenty -Third Supplemental Indenture has been in all respects duly authorized; NOW, THEREFORE, THIS TWENTY -THIRD SUPPLEMENTAL INDENTURE WITNESSETH that in consideration of the acceptance by the Trustee of the trusts hereby created and originally created by the Original Indenture, the mutual covenants herein contained and the purchase and acceptance of the District Bonds issued hereunder by the Owners thereof, and for other valuable consideration, the receipt whereof is hereby acknowledged and in order to secure the payment of the principal and premium, if any, and interest on the District Bonds issued hereunder according to their tenor and effect, and the performance and observance by the District of all the covenants and conditions herein and therein contained on its part to be performed, it is agreed by and between the District and the Trustee as follows: BMT17B 23SUPPINDd.doc ARTICLE I Section 1.01. Supplemental Indenture. This Twenty -Third Supplemental Indenture is supplemental to the Original Indenture. With respect to the District Bonds, the Original Indenture is supplemented by the following provisions and to the extent the provisions in the Supplemental Indenture conflict with the Original Indenture, the provisions of the Supplemental Indenture shall prevail. Section 1.02. Authority for this Twenty -Third Supplemental Indenture. This Twenty - Third Supplemental Indenture is adopted (i) pursuant to the provisions of the Act and (ii) in accordance with Article IX of the Original Indenture. In the event the provisions of the Supplemental Indenture conflict with the provisions of the Original Indenture, the provisions of the Supplemental Indenture shall prevail. Section 1.03. Definitions. (1) Except as provided by this Twenty -Third Supplemental Indenture, all terms which are defined in Section 1.01 of the Original Indenture shall have the same meanings in this Twenty -Third Supplemental Indenture as such terms are given in said Section 1.01 of the Original Indenture. (2) In this Twenty -Third Supplemental Indenture, the following terms shall have the following meanings: "2011 Series A Bonds" means the City of Beaumont Community Facilities District No. 93 -1 Special Tax Bonds, 2011 Series A (Improvement Area No. 17B) authorized and issued pursuant to the terms of this Twenty -Third Supplemental Indenture, as described in Exhibit A hereto. "2011 Series B Bonds" means the City of Beaumont Community Facilities District No. 93 -1 Special Tax Bonds, 2011 Series B (Improvement Area No. 17B) authorized and issued pursuant to the terms of this Twenty -Third Supplemental Indenture, as described in Exhibit A hereto. "Assigned Special Tax" shall have the meaning given to such term in the Rate and Method of Apportionment of Special Tax for Improvement Area No. 17B approved by the City Council as the legislative body of the District and the qualified electors of the Improvement Area. "Authority Bonds" means the Beaumont Financing Authority 2011 Local Agency Revenue Bonds, Series A (Improvement Area No. 17B) authorized and issued pursuant to the terms of the Authority Indenture. "Authority Indenture" means the Indenture of Trust, dated as of January 15, 1994, as heretofore amended and supplemented, including by the Twenty -First Supplemental Indenture of Trust, dated as of December 1, 2011, by and between the Authority and the Authority Trustee. "Authority Reserve Fund" means the fund established and administered pursuant to Authority Indenture. "Authority Trustee" means Union Bank N.A., as the trustee under and pursuant to the Authority Indenture, and its successors and assigns in accordance with the terms of said indenture. "Bond Counsel" means, (a) McFarlin & Anderson LLP, or (b) any other attorney or firm of attorneys appointed by or acceptable to the District of nationally - recognized experience in the issuance of BMT17B 23SUPPINDd.doc obligations the interest on which is excludable from gross income for federal income tax purposes under the Code. "Bond Year" means, with respect to the District Bonds, each twelve -month period extending from September 2 in one calendar year to September 1 of the succeeding calendar year, both dates inclusive, except that the first Bond Year shall commence on the Closing Date and end on September 1, 2012. "Closing Date" means the date of delivery of the District Bonds to the Authority Trustee. "Continuing Disclosure Agreement" shall mean that certain Continuing Disclosure Agreement between the District and the Trustee, as Dissemination Agent, dated as of December 1, 2011, relating to the District Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. "Dated Date" means the date of initial issuance and delivery of the District Bonds. "District Bonds" means the aggregate principal amount of 2011 Series A Bonds and the 2011 Series B Bonds, authorized by and at any time Outstanding pursuant to the Bond Law and this Indenture. "Information Services" means Financial Information, Inc.'s "Daily Called Bond Service," 1 Cragwood Road, 2nd Floor, South Plainfield, New Jersey 07080, Attention: Editor; Kenny Information Services "Called Bond Service," 65 Broadway, 16th Floor, New York, New York 10006; Standard & Poor's Ratings Group "Called Bond Record," 55 Water Street, New York, New York, 10041; Mergent, Inc., 580 Kingsley Park Drive, Fort Mill, South Carolina, 28715, Attention: Called Bond Unit; and, in accordance with then current guidelines of the Securities and Exchange Commission, such other addresses and/or such other services providing information with respect to the redemption of bonds as the Authority may designate in a Request of the Authority delivered to the Trustee. "Interest Payment Date" means March 1 and September 1, commencing September 1, 2012; provided, however, that so long as the District Bonds shall be held by the Authority Trustee, the payment of interest and principal payable under the Indenture shall be made as of the February 15 and August 15 preceding each such Interest Payment Date or maturity date, and in the case of interest in the full amount of interest which shall accrue through each March 1 and September 1. "Maximum Special Tax" shall have the meaning given to such term in the Rate and Method of Apportionment. "Ordinance" means Ordinance No. 905 providing for the levying of the Special Tax in Improvement Area No. 17B, adopted by the legislative body of the District. "Participating Underwriter" shall have the meaning ascribed thereto in the Continuing Disclosure Agreement. "Project" means the construction, acquisition and equipping of certain real and other tangible property with an estimated useful life of five years or longer, which is to be acquired or constructed within and without the District, including certain roadways, storm drain facilities, flood control facilities, water facilities and fire protection facilities, as more particularly described in the approving resolutions of the District with respect to Improvement Area No. 17B. "Rate and Method of Apportionment" means the Rate and Method of Apportionment of Special Tax for Improvement Area No. 17B approved by the City Council, as the legislative body of the District, as such may be amended by the qualified electors of such Improvement Area. 4 BMT17B 23SUPPINDd.doc "Rate Stabilization Fund" means the fund by that name established for each series of Bonds and administered pursuant to Section 2.05 of this Twenty -Third Supplemental Indenture. "Rate Stabilization Fund Requirement" means, as of any calculation date, an amount equal to 15% of the Maximum Annual Debt Service for each series of Bonds. "Residual Fund" means the fund by that name established for the District Bonds and administered pursuant to Section 2.06 of this Twenty -Third Supplemental Indenture. "Sinking Payment" means an annual payment to be applied to redeem a portion of the Term Bonds in a Series in accordance with Section 3.01(c) and Exhibit A to the Twenty -Third Supplemental Indenture. "Special Escrow Fund" means the Improvement Area No. 17B escrow fund established pursuant to Section 2.07 of the Twenty -Third Supplemental Indenture. "Special Tax" or "Special Taxes" means, with respect to Improvement Area Improvement Area No. 17B, the special taxes authorized to be levied by the District in such Improvement Area pursuant to the Rate and Method of Apportionment and the Ordinance. "Trustee" means Union Bank N.A., as the trustee under and pursuant to the Indenture, and its successors and assigns in accordance with the terms of said indenture. "Trust Office" means the corporate trust office of the Trustee in Los Angeles, California, or at such other or additional offices as may be specified in writing to the Authority, except that with respect to presentation of bonds for payment or for registration of transfer and exchange, such term shall mean the office or agency of the Trustee at which at any particular time its corporate trust agency shall be conducted. "Twenty -Third Supplemental Indenture" means this Twenty -Third Supplemental Indenture of Trust, dated as of December 1, 2011, by and between the District and the Trustee, as may be amended and supplemented from time to time by and pursuant to the terms of the Indenture. ARTICLE H DISTRICT BONDS Section 2.01. Authorization of District Bonds. The District hereby authorizes the issuance of District Bonds for Improvement Area No. 17B in two series, designated 2011 Series A Bonds and 2011 Series B Bonds, which shall constitute special obligations of the District, for the purpose of providing funds to refund an existing series of bonds and to finance a portion of the costs of the acquisition and construction of the Project related to Improvement Area No. 17B. The aggregate principal amount of the District Bonds of each Series initially issued and Outstanding under the Twenty -Third Supplemental Indenture shall equal the amounts and pay interest on each Interest Payment Date at the rates set forth in Exhibit A hereto. Each District Bond shall be dated as of its date of issuance and shall bear interest from the Interest Payment Date next preceding the date of authentication thereof, unless (a) it is authenticated on or before an Interest Payment Date and after the close of business on the preceding Record Date, in which event it shall bear interest from such Interest Payment Date or (b) it is authenticated on or before the first Record Date, in which event interest thereon shall be payable from its date of issuance; provided, however, that if, as of the BMT1711 23SUPPINDd.doc date of authentication of any District Bond, interest thereon is in default, such District Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment thereon. Section 2.02. Form, Denomination, Numbers and Letters. The District Bonds shall be issued in fully- registered form in Authorized Denominations. The District Bonds shall be lettered and numbered from one upward preceded by the Letter "R" prefixed to the number. The form of the District Bonds shall be substantially as set forth in Exhibit A to the Original Indenture with appropriate completion of the Series designation and terms of redemption. Section 2.03. Rate Stabilization Fund. (a) Establishment of Rate Stabilization Fund. There is hereby established (unless previously established) as a separate fund to be held by the Trustee, the "Rate Stabilization Fund" for the Series of District Bonds. Moneys in the Rate Stabilization Fund shall be held in trust by the Trustee for the benefit of the Owners of the District Bonds of such Series and any Parity Bonds, and shall be disbursed as provided below. (b) Disbursement. Moneys in the Rate Stabilization Fund shall be used solely for the purpose of paying the principal of and interest on the applicable Series of District Bonds and any Parity Bonds when due in the event that the moneys in the Bond Fund are insufficient therefor. If the amounts in the Bond Fund are insufficient to pay the principal of or interest on the applicable District Bonds and any Parity Bonds when due, the Trustee shall withdraw from the Rate Stabilization Fund for deposit in the Bond Fund moneys necessary for such purposes. In connection with any redemption of the District Bonds and any Parity Bonds, or a partial defeasance of the District Bonds and any Parity Bonds in accordance with Article X of the Original Indenture, amounts in the Rate Stabilization Fund may be applied to such redemption or partial defeasance so long as the amount on deposit in the Rate Stabilization Fund following such redemption or partial defeasance equals the Rate Stabilization Fund Requirement. To the extent that the Rate Stabilization Fund is at the Rate Stabilization Fund Requirement as of the first day of the final Bond Year for the District Bonds and any Parity Bonds, amounts in the Rate Stabilization Fund may be applied to pay the principal of and interest due on the District Bonds and any Parity Bonds in the final Bond Year for such Series. Moneys in the Rate Stabilization Fund in excess of the Rate Stabilization Fund Requirement not transferred in accordance with the preceding provisions of this paragraph shall be withdrawn from the Rate Stabilization Fund on September 2 of each year and transferred to the Residual Fund. (c) Investment. Moneys in the Rate Stabilization Fund shall be invested and deposited in accordance with Section 5.09 of the Original Indenture. Interest earnings and profits resulting from said investment shall be retained in the Rate Stabilization Fund to be used for the purposes of such fund. BMT17B 23SUPPINDd.doc Section 2.04. Residual Fund. (a) Establishment of Residual Fund. There is hereby established (unless previously established) as a separate fund to be held by the Trustee, the "Residual Fund" for the Series of District Bonds, to the credit of which a deposit shall be made as required by Section 5.02(g) of the Original Indenture as described in Section 4.01 hereof. Moneys in the Residual Fund shall be held in trust by the Trustee for the benefit of the District, and shall be disbursed as provided below. The amounts in the Residual Fund are not pledged to the repayment of the District Bonds and any Parity Bonds. (b) Disbursement. On September 2 of each year, commencing September 2, 2012, the Trustee shall transfer any amounts in the Residual Fund for the following purposes in the following order of priority: (1) to the Rate Stabilization Fund an amount, if any, required to restore the amount on deposit in the Rate Stabilization Fund to the Rate Stabilization Fund Requirement; (2) to the Administrative Expense Fund an amount determined by the District to reimburse the payment of the costs and expenses incurred by the District and the Authority to administer the Authority Bonds and the District Bonds and any Parity Bonds, at the written election of the District, to the extent that the amounts on deposit in the Administrative Expense Fund are insufficient therefor; or (3) to the Special Mandatory Redemption Account of the Redemption Fund for redemption of the District Bonds and Parity Bonds unless the Trustee has received written direction from the District to expend such remaining funds held in the Residual Fund for any lawful purposes of the District including, but not limited to, paying costs of public capital improvements or reducing the Special Taxes which are to be levied in the current or the succeeding Fiscal Year upon the properties which are subject to the Special Tax. (c) Investment. Moneys in the Residual Fund shall be invested and deposited in accordance with Section 5.09 of the Indenture. Interest earnings and profits resulting from said investment shall be retained in the Residual Fund to be used for the purposes of such fund. Section 2.05. Redemption Fund. (a) Establishment of the Redemption Fund. There is hereby established as a separate fund to be held by the Trustee, the "Redemption Fund" (in which there shall be established and created a Mandatory Redemption Account, an Optional Redemption Account and a Special Mandatory Redemption Account) for the Series of District Bonds, to the credit of which the District or the City, on behalf of the District, shall deposit, immediately upon receipt, all Redemption Revenues for the Improvement Area received by the District or the City on behalf of the District. Moneys in the Redemption Fund shall be held in trust by the Trustee for the benefit of the District for the Improvement Area and the Owners of the District Bonds and any Parity Bonds, shall be disbursed as provided below and, pending any disbursement, shall be subject to a lien in favor of the Owners of the District Bonds. (b) Disbursement. (1) All prepayments of Special Taxes and amounts transferred from the Residual Fund for the redemption of District Bonds and any Parity Bonds or transferred from the Authority under the Authority Indenture for the redemption of District Bonds and any Parity Bonds shall be deposited in the Special Mandatory Redemption Account to be used to redeem District Bonds and any Parity Bonds on the next date for which notice of redemption can timely be given. 7 BMT17B 23SUPPINDd.doc (2) Any amounts transferred for the optional redemption of District Bonds and any Parity Bonds shall be deposited into the Optional Redemption Account to be used to redeem District Bonds and any Parity Bonds on the next date for which notice of redemption can timely be given. (3) All proceeds of the District Bonds and any Parity Bonds after completion or abandonment of the improvements to be financed from the proceeds of the District Bonds and any Parity Bonds or deposit of fees by a public agency which has accepted facilities, and proceeds from insurance or condemnation proceeds shall be deposited into the Mandatory Redemption Account to be used to redeem District Bonds and any Parity Bonds on the next date for which notice of redemption can timely be given. (c) Investment. Moneys in the Redemption Fund shall be invested and deposited in accordance with Section 5.09 of the Indenture. Interest earnings and profits resulting from said investment shall be retained in the Redemption Fund to be used for the purposes of such fund. Section 2.06. Other Matters. (a) To the extent delinquencies in the payment of Special Taxes in any Improvement Area diminish the amount of the Authority Reserve Fund earnings that would otherwise accrue to the Residual Fund and be paid to the Trustee and accrue to the benefit of Improvement Area No. 17B, (i) any subsequent payment of such delinquent Special Taxes or foreclosure proceeds not required for payment of debt service or payment of other amounts due with respect to such Series of Bonds and (ii) any amounts which shall accrue to the Residual Fund and be paid to the Trustee and be allocable to Improvement Area No. 17B which has (or had) delinquent Special Tax payments shall be applied at the direction of the District to compensate the affected Improvement Area for such lost earnings through a credit to the Special Tax Fund based on the estimated earnings which would have been paid to the Residual Fund and been transferred to the Trustee for such Improvement Area had there not been delinquencies in the payment of Special Taxes for such Improvement Area. (b) Prior to completion of the Project, all interest or gain derived from the investment of moneys in any of the Funds or Accounts established under the District Indenture with respect to the District Bonds, except for such earnings in the Rate Stabilization Fund, the Residual Fund and the Redemption Fund which shall be retained therein or disbursed as provided in Sections 2.05, 2.06 and 2.07 respectively herein, shall be deposited in the Construction Fund, or if the Construction Fund has been closed, in the Special Tax Fund, and allocated to Improvement Area No. 17B. Notwithstanding Section 5.09 of the Original Indenture, in the absence of any Written Request, the Trustee shall invest any moneys in any funds and accounts established with the Trustee pursuant to the Indenture in Permitted Investments described in clause (f) of the defmition thereof. (c) Administrative Expenses for such Improvement Area levied annually and allocated prior to debt service shall be limited to $25,000 for Fiscal Year 2011 -12, plus an additional two percent (2 %) each year thereafter. (d) Amounts in the Administrative Expense Fund and the Residual Fund are not pledged to the repayment of the District Bonds. (e) Amounts remaining in the Costs of Issuance Fund on the date six months after the Closing Date shall be transferred to the Construction Fund, or if the Construction Fund has been closed, to the Special Tax Fund for the District Bonds, as directed by the City. BMT17B 23SUPPINDd.doc ARTICLE III ISSUANCE OF DISTRICT BONDS; APPLICATION OF PROCEEDS; ADDITIONAL DISTRICT BONDS Section 3.01. Issuance of District Bonds. The District Bonds shall be subject to issued in two Series as described in Exhibit A hereto. Section 3.02. Application of Proceeds of the District Bonds. The Trustee shall establish, monitor and hold in trust, separate funds with respect to the District Bonds, including a separate Interest Account, Principal Account and Sinking Account in the Bond Fund, Escrow Fund, Costs of Issuance Fund, Administrative Expense Fund, Construction Fund and Special Escrow Fund. Series A Bonds The proceeds received from the sale of the 2011 Series A Bonds for Improvement Area No. 17B ($ ) shall be deposited with the Trustee, which shall set aside such proceeds as set forth below: (a) The Trustee shall deposit $ in the Interest Account of the Bond Fund as set forth in Exhibit B hereto. (b) The Trustee shall deposit $ in the Escrow Fund established under the Escrow Agreement for the 2011 Series A Bonds as set forth in Exhibit B hereto. (c) The Trustee shall deposit $ Exhibit B hereto. Series B Bonds in the Costs of Issuance Fund as set forth in The proceeds received from the sale of the 2011 Series B Bonds for Improvement Area No. 17B ($ ) shall be deposited with the Trustee, which shall set aside such proceeds as set forth below: (a) The Trustee shall deposit $ set forth in Exhibit B hereto. (b) The Trustee shall deposit $ Exhibit B hereto. (c) The Trustee shall deposit $_ Area No. 17B as set forth in Exhibit B hereto. (d) The Trustee shall deposit $ Exhibit B hereto. in the Interest Account of the Bond Fund as in the Costs of Issuance Fund as set forth in in the Construction Fund for Improvement in the Special Escrow Fund as set forth in Additionally, the Trustee shall deposit $ received from the City into the Rate Stabilization Fund for Improvement Area No. 17B in the amount set forth in Exhibit B hereto. Section 3.03. Special Escrow Fund. (a) Establishment of Special Escrow Fund. There is hereby established as a separate fund to be held by the Trustee, the "Special Escrow Fund," to the credit of which a deposit shall be made as required 9 BMT17B 23SUPPINDd.doc by Section 2.04(d) hereof. Moneys in the Special Escrow Fund shall be held by the Trustee for the benefit of the City and the District, and shall be disbursed as provided below. (b) Disbursement. On March 31, June 30, September 30 and December 31 of each year, commencing March 31, 2012, the District Trustee shall transfer funds from the Special Escrow Fund to the Improvement Fund upon receipt of written certificate of an Authorized Officer (the "Administrator" herein) directing the Trustee to transfer funds from the Special Escrow Fund in an amount calculated pursuant to Section 2.07(c) below. Upon receipt of such certificate, the Trustee shall transfer funds from the Special Escrow Fund to the Construction Fund in an amount specified by the Administrator in the written certificate. The transfers referred to in the preceding sentence shall only be made on any Business Day on or prior to the Initial Escrow Close Date or any Revised Escrow Close Date (as such terms are defined below) and any certificate of the Administrator requesting any such draw shall be presented to the Trustee by the District at least 10 days (or such lesser number of days as agreed to by the Trustee) prior to the date for the transfer to be made. (c) Release Amount. The Administrator shall determine quarterly the amount to be transferred from the Special Escrow Fund to the Construction Fund by dividing the amount initially deposited in the Special Escrow Fund by 1/1 77th (the "Release Amount "), and for each Final Inspection for a residential dwelling unit within Improvement Area No. 17B at any time during each quarterly calculation period ending on March 15, June 15, September 15 and December 15 of each year, multiplying that number of building permits issued by the Release Amount. (d) Redemption. The Special Escrow Fund shall be closed on the earlier of when no funds remain therein or on August 1, 2014 (the "Initial Escrow Close Date "), unless extended as provided below, after which the Trustee shall make no further disbursements from the Special Escrow Fund pursuant to Section 2.04(b) above, and on the next Record Date (the "Initial Escrow Redemption Date "), the Trustee shall use amounts in the Special Escrow Fund to redeem the Bonds to the maximum extent possible on the Initial Escrow Redemption Date, as provided in this Section 2.07(d). If the developer of any parcel within Improvement Area 17B of the District has any delinquent Special Taxes that are at least 90 days past due, all funds held in the Special Escrow Fund with respect to such parcels shall be used to redeem Bonds to the maximum extent possible at the written direction of the District. Notwithstanding the foregoing, the Initial Escrow Close Date (and any Revised Escrow Close Date established pursuant to this paragraph) and the Initial Escrow Redemption Date (and any Revised Escrow Redemption Date established pursuant to this paragraph) may be extended from time to time upon receipt by the Trustee, not later than one Business Day prior to the Initial Escrow Close Date (or, if extended pursuant to the terms of this paragraph, the then applicable Revised Escrow Close Date), written notice from the Administrator of such extension and stating (a) the new date after which amounts in the Special Escrow Fund will no longer be subject to disbursement pursuant to Section 2.07(b)(the "Revised Escrow Close Date ") which date shall be at least 45 days but not more than 90 days prior to the date such amounts are to be used to redeem the Bonds, (b) the new date on which the Bonds are to be subject to mandatory redemption from the amounts held in the Special Escrow Fund (the "Revised Escrow Redemption Date "), and (c) written opinion of nationally recognized bond counsel substantially to the effect that the establishment of such Revised Escrow Redemption Date will not adversely affect the exclusion pursuant to section 103 of the Code of interest on the Authority Bonds from the gross income of the owners thereof for federal income tax purposes. The Trustee shall provide the Authority with a written statement as to any Revised Escrow Redemption Date established under this Section 2.07(d) promptly following receipt of the written notice and other documents described in clauses (a) through (c) above, which notice shall set forth the Initial Escrow Redemption Date (or, if applicable, the most recent Revised Escrow Redemption Date), and shall state that such redemption date has been extended to the newly - established Revised Escrow Redemption Date. 10 BMT17B 23SUPPINDd.doc On or after any Revised Escrow Close Date, the Trustee shall make no further disbursements from the Special Escrow Fund pursuant to Section 2.07(b), and on the Revised Escrow Redemption Date the Trustee shall use amounts in the Special Escrow Fund, if any, to redeem the Bonds to the maximum extent possible on the Revised Escrow Redemption Date. Notwithstanding the provisions in this Section 2.07(d), on or following such date the developer of parcels of Final Map Property (as defined in the Rate and Method of Apportionment) within Improvement Area 17B has any delinquent Special Taxes that are at least 90 days past due, all funds held in the Special Escrow Fund attributable to the delinquent parcels may be used to redeem the Bonds to the maximum extent possible at the written direction of the Administrator. The Special Escrow Fund shall be closed when no funds remain therein. (e) Investment. Moneys in the Special Escrow Fund shall be invested and deposited in accordance with Section 5.09 of the Indenture. Interest earnings and profits resulting from said investment shall be transferred quarterly to the Construction Fund. (f) Investment of Special Escrow Fund. The Trustee shall invest the moneys in the Special Escrow Fund in such Authorized Investments, which shall be rated in one of the highest two rating categories offered by each Rating Agency (without regard to gradations of plus or minus, or numerical gradations, within such category) as the District shall direct in a Certificate of the Authorized Representative of the District which shall be delivered to the Trustee on the Closing Date and thereafter at least two (2) Business Days prior to the maturity date of any such Authorized Investment; provided that if the District does not deliver such certificate, the Trustee shall invest such funds in Authorized Investments, which shall be rated in one of the highest two rating categories offered by each Rating Agency (without regard to gradations of plus or minus, or numerical gradations, within such category) of the type specified in clause (g) of the definition of Authorized Investments. Investment Earnings shall be transferred by the Trustee to the Construction Fund to be used for the purposes of such Fund. Upon transfer from the Special Escrow Fund of all moneys deposited therein pursuant to Section 2.07 above and the redemption of all Bonds redeemable from amounts theretofore transferred from the Special Escrow Fund to the Redemption Account of the Redemption Fund, the Bonds shall no longer be subject to special mandatory redemption from Special Escrow Fund transfers and the Trustee shall send a notice to such effect to the Information Services. set forth below: ARTICLE IV REDEMPTION OF DISTRICT BONDS Section 4.01. Terms of Redemption. The District Bonds shall be subject to redemption as 11 BMT17B 23SUPPINDd.doc (a) Optional Redemption. Subject to the limitation set forth in paragraph (e) below, the District Bonds are subject to redemption prior to maturity at the option of the Authority on any date on or after September 1, 2012, as a whole or in part, on a pro rata basis and by lot within a maturity, from any available source of funds at the following redemption prices (expressed as a percentage of the principal amount of District Bonds to be redeemed), together with accrued interest thereon to the date fixed for redemption as follows: Redemption Periods Redemption Prices September 1, 2012 through August 31, 2013 103.0% September 1, 2013 through August 31, 2014 102.0% September 1, 2014 through August 31, 2015 101.0% September 1, 2015 and thereafter 100.0% (b) Special Mandatory Redemption From Prepayment of Special Taxes and from Residual Funds. Subject to the limitation set forth in paragraph (e) below, the District Bonds are subject to redemption prior to maturity on any date on or after September 1, 2012, in whole or in part in Authorized Denominations, on a pro rata basis and by lot within a maturity from the redemption from prepayment of Special Taxes of Improvement Area No. 17B in accordance with prepayment calculation set forth in Exhibit B of the Original Indenture by the District and from amounts transferred from the respective Residual Fund hereunder and from amounts transferred by the Authority to the District from the Residual Fund under the Authority Indenture, at the following redemption prices (expressed as a percentage of the principal of the District Bonds to be redeemed), together with accrued interest thereon to the date fixed for redemption. Redemption Periods (Dates Inclusive) Redemption Prices September 1, 2012 through August 31, 2013 103.0% September 1, 2013 and thereafter As provided for optional redemption (c) Mandatory Sinking Payment Redemption. The Term Bonds of each Series maturing on September 1, 20_, September 1, 20_, September 1, 20 and September 1, 20_ (the "Term Bonds "), are subject to mandatory redemption, in part by lot, on September 1 in each year commencing September 1, 20_, with respect to Bonds maturing on September 1, 20_, September 1, 20_, with respect to Bonds maturing on September 1, 20_, September 1, 20_, with respect to the Bonds maturing September 1, 20_, and September 1, 20_, with respect to the Bonds maturing September 1, 20_, from Sinking Payments set forth in Exhibit A on September 1 of each year at a redemption price equal to the principal amount thereof to be redeemed, without premium, together with interest accrued thereon to the date fixed for redemption in the aggregate principal amounts and on September 1 of the year as set forth; provided, however, that (i) in lieu of redemption thereof, the District Bonds may be purchased by the Authority and tendered to the Trustee and (ii) if some but not all of the Bonds have been redeemed pursuant to optional redemption, special mandatory or mandatory redemption provisions described herein, the total amount of all future sinking payments will be reduced by the aggregate principal amount of the District Bonds so redeemed to be allocated among such sinking payments on a pro rata basis (as nearly as practicable) in integral multiples of $5,000. In lieu of such redemption, the Trustee may apply applicable amounts in the Sinking Account to the purchase of Term Bonds at public or private sale, as and when and at such prices (including brokerage and other charges, but excluding accrued interest, which is payable from the applicable moneys in the Interest Account) as may be directed by the District, except that the purchase price (exclusive of accrued interest) may not exceed the redemption price then applicable to the applicable Term Bonds, as set forth in a Written Request of the District. 12 BMT17B 23SUPPINDd.doc The par amount of any Term Bonds so purchased by the District in any twelve -month period immediately preceding any Sinking Payment Date in any year shall be credited towards and shall reduce the principal amount of such Term Bonds required to be redeemed on September 1 in such year. (d) Redemption from Special Escrow. The Bonds are subject to mandatory redemption, pro rata, on September 1, 2015, or on such later date as is permitted under the District Indenture, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date of redemption, without premium, all as determined by the District. The Outstanding Bonds shall be redeemed from amounts in the Special Escrow Fund. (e) Special Mandatory Redemption From Unused Proceeds of Bonds, Deposit of Fees or Insurance or Condemnation Proceeds. Subject to the limitation set forth in'paragraph (e) below, the District Bonds are subject to mandatory redemption in part, on the next Interest Payment Date occurring at least sixty (60) days (unless the Trustee shall consent to a lesser period) following the determination by the District to the transfer of moneys from the Construction Fund relating to the District Bonds to the Redemption Fund as described in Section 3.04 of the Original Indenture, in any case at a redemption price equal to the principal amount thereof, together with accrued interest to the date of redemption, without premium. (f) Limitation on Redemptions While Bonds are Owned By or On Behalf of the Authority. Optional and mandatory redemption of the District Bonds described in paragraphs (a), (b) and (c) above shall only be permitted (i) upon the delivery to the Authority of a Cash -Flow Certificate delivered under the Authority Indenture evidencing that the amounts payable with respect to the District Bonds after said redemption shall be sufficient to pay debt service on the pro rata portion of the Authority Bonds used to acquire said District Bonds; (ii) with the prior written approval of the Authority of the date of such redemption; and (iii) upon payment by the District of the premiums provided in paragraph (b) above, together, if necessary, with the amount (to be agreed upon by the Authority prior to such redemption) which is sufficient, together with the principal and premium payable with respect to the District Bonds to be redeemed to enable the Authority to redeem a pro rata portion of the Authority Bonds used to acquire said District Bonds, taking into account moneys, if any, made available with respect to the Authority Reserve Fund (established under the Authority Indenture) as a result of a reduction in the reserve fund requirement applicable to said Authority Bonds. Upon any optional redemption, special mandatory redemption from Special Taxes or other special mandatory redemption in part, as described above, the mandatory redemption or maturities of the District Bonds to be redeemed will be specified by the Authority as further provided herein. So long as the District Bonds are owned by or on behalf of the Authority, the District shall, unless otherwise consented to in writing by the Authority, deposit sufficient funds to effect redemption of the District Bonds (including amounts necessary to pay any premium, together with interest which will have accrued through the redemption date) with the Authority Trustee at least thirty (30) days prior to the redemption date. The District shall provide written notice of the redemption of the District Bonds to the Authority at least sixty (60) days prior to the proposed redemption date (unless otherwise consented to in writing by the Authority and the Authority Trustee). 13 BMT17B 23SUPPINDd.doc ARTICLE V AMENDMENT OF PROVISIONS OF THE ORIGINAL INDENTURE WITH RESPECT TO THE DISTRICT BONDS Section 5.01. Amendment to the Original Indenture. (A) Section 2.11(c)(5) of the Original Indenture is replaced in its entirety by the following: "Section 2.11. Conditions for the Issuance of Parity Bonds and Other Additional Indebtedness. (c)(5) A Certificate of an Independent Financial Consultant certifying as of the closing date that (a) the ratio of the value (assessed or appraised, or some combination thereof) of the property included within the Improvement Area to the amount of lien which will be on the property after the issuance of the Parity Bonds, including the amount of any assessment bonds or bonds issued under the Act, is not less than 3:1; (b) the total Net Tax revenues which could be generated by the District within the Improvement Area by the levy of the Special Tax at the Assigned Special Tax (pursuant to the Act and the applicable resolutions of the District) on all then taxable property in any Fiscal Year, is at least 1.10 times Maximum Annual Debt Service on all Outstanding Bonds relating to the Improvement Area (including Parity Bonds previously issued and the Parity Bonds proposed to be issued); and (c) to the extent Special Taxes levied on Undeveloped Property (as defined in the Rate and Method of Apportionment) within the Improvement Area is taken into consideration in determining the principal amount of Parity Bonds to be issued, the portion of total Special Taxes expected to be generated within the Improvement Area from Developed Property (as defined in the Rate and Method of Apportionment) shall be not less than 70% of the total Special Taxes expected to be generated within the Improvement Area." (B) Section 5.02 of the Original Indenture is amended by the addition of subsection (g) as follows: "Section 5.02. Allocation of Special Taxes. (g) On September 2 of each year, commencing September 2, 2012, the Trustee shall transfer any amounts remaining in the Special Tax Fund following payment of each disbursement required pursuant to subsections (a) through (f) above, to the Residual Fund." (B) Section 5.02 of the Original Indenture is amended by the addition of subsection (g) as follows: "Section 5.02. Allocation of Special Taxes. (C) Section 6.15 of the Original Indenture is replaced in its entirety by the following: "Section 6.15. Commence Foreclosure Proceedings. The District hereby covenants with and for the benefit of the Owners of the District Bonds and any Parity Bonds and the landowners of the respective Improvement Area securing such bonds that it will review the public records of the County of Riverside, California, in connection with the collection of the Special Tax not later than July 1 of each year to determine the amount of Special Tax collected in the prior Fiscal Year; and with respect to individual delinquencies within such Improvement Areas, if the District determines that any single property owner subject to the Special Tax within such Improvement Area is delinquent in the payment of Special Taxes in the aggregate of $2,500 or more or that as to any single parcel the delinquent Special Taxes represent more than 5% of the aggregate Special Taxes within the Improvement 14 BMT17B 23SUPPINDd.doc Area, then the District will send or cause to be sent a notice of delinquency (and a demand for immediate payment thereof) to the property owner within 45 days of such determination, and (if the delinquency remains uncured) the District will cause judicial foreclosure proceedings to be filed in the superior court within ninety (90) days of such determination against all properties for which the Special Taxes remain delinquent. The City Attorney is hereby authorized to employ counsel to conduct any such foreclosure proceedings. The fees and expenses of any such counsel and costs and expenses of the City Attorney (including a charge for City or District staff time) in conducting foreclosure proceedings shall be an Administrative Expense hereunder. Notwithstanding any provision of the Act or other law of the State to the contrary, in connection with any foreclosure related to delinquent Special Taxes: (a) The City or the Trustee is hereby expressly authorized to credit bid at any foreclosure sale, without any requirement that funds be placed in the Bond Fund or otherwise be set aside in the amount so credit bid, in the amount specified in Section 53356.5 of the Act, or such less amount as determined under clause (b) below or otherwise under Section 53356.6 of the Act. (b) The District may permit, in its sole and absolute discretion, property with delinquent Special Tax payments to be sold for less than the amount specified in Section 53356.5 of the Act (but not for less than the amount of delinquent scheduled principal and interest without written consent of the Bond Owners and owners of the Parity Bonds), if it determines that such sale is in the interest of the Bond Owners and the owners of the Parity Bonds. The Bond Owners, by their acceptance of the Bonds, hereby consent to such sale for such lesser amounts (as such consent is described in Section 53356.6 of the Act), and hereby release the District and the City, and their respective officers and agents, from any liability in connection therewith. (c) The District is hereby expressly authorized to use amounts in the Special Tax Fund to pay costs of foreclosure of delinquent Special Taxes. (d) The District may forgive all or any portion of the Special Taxes levied or to be levied on any parcel in the respective Improvement Area, so long as the District determines that such forgiveness is not expected to adversely affect its obligation to pay principal of and interest on the respective District Bonds and the Parity Bonds under the respective District Indenture." (D) Section 6.19 of the Original Indenture is replaced in its entirety by the following: "Section 6.19. Modification of Maximum Authorized Special Tax. The District covenants that no modification of the maximum authorized Special Tax for Improvement Area No. 17B shall be approved by the District which would prohibit the District from levying the Special Tax in any Fiscal Year at such a rate as could generate Special Taxes in each Fiscal Year after deductions for Administrative Expenses in an amount at least equal to 110% of annual debt service in such Fiscal Year for the District Bonds and any Parity Bonds relating to such Improvement Area." 15 BMT17B 23SUPPINDd.doc ARTICLE VI INDENTURE TO REMAIN IN EFFECT; COUNTERPARTS Section 6.01. Indenture to Remain in Effect. As supplemented hereby, the Indenture is in all respects ratified and confirmed; and the Indenture, as so supplemented hereby shall be read and construed as one and the same instrument and shall remain in full force and effect. Section 6.02. Execution in Counterparts. This Twenty -Third Supplemental Indenture may be executed in multiple counterparts, each of which shall be regarded for all purposes as an original; and all such counterparts shall constitute one and the same instrument. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; EXECUTION PAGE FOLLOWS] 16 BMT17B 23SUPPINDd.doc IN WITNESS WHEREOF, the CITY OF BEAUMONT COMMUNITY FACILITIES DISTRICT NO. 93-1 has caused this Twenty -Third Supplemental Indenture to be signed in its name by the Mayor, acting on behalf of the District, and attested to by the City Clerk, acting on behalf of the District,and UNION BANK, N.A. has caused this Twenty -Third Supplemental Indenture to be signed in its corporate name by its officer thereunto duly authorized, all as of the day and year first above written. ATTEST: City Clerk, on behalf of Community Facilities District No. 93 -1 CITY OF BEAUMONT COMMUNITY FACILITIES DISTRICT NO. 93-1 Mayor of the City of Beaumont, acting on behalf of Community Facilities District No. 93 -1 UNION BANK, N.A., as Trustee LIZA Authorized Officer [EXECUTION PAGE OF TWENTY -THIRD SUPPLEMENTAL INDENTURE OF TRUST] 17 BMT17B 23SUPPINDd.doc Serial Bonds: Term Bonds: EXHIBIT A MATURITY/PAYMENT SCHEDULE 2011 SERIES A (IMPROVEMENT AREA NO. 17B) Payment Date (September 1) Principal Amount Interest Rate 2012 $ % 2013 2014 2015 2016 2025 2026 2027 20 Term Bond Payment Date (September 1) Principal Amount Interest Rate 2017 $ % 2018 2019 2020 2021 2022 2023 20XX (maturity) A -1 Serial Bonds: Term Bonds: MATURITY/PAYMENT SCHEDULE 2011 SERIES B (IMPROVEMENT AREA NO. 17B) Payment Date (September 1) Principal Amount 2012 $ 2013 2014 2015 2016 2025 2026 2027 20 Term Bond Interest Rate Payment Date (September 1) Principal Amount Interest Rate 2017 $ % 2018 2019 2020 2021 2022 2023 20XX (maturity) A -2 EXHIBIT B DEPOSITS TO ACCOUNTS Deposits to District Funds and Accounts: Improvement Area No. 17B Construction Fund Special Escrow Fund Escrow Fund Interest Account (Bond Fund) Costs of Issuance Fund Rate Stabilization Fund Total El RESOLUTION NO. BFA 2011 -02 RESOLUTION OF THE BEAUMONT FINANCING AUTHORITY APPROVING THE REVISED FORM OF LEGAL DOCUMENTS RELATING TO THE 2011 LOCAL AGENCY REVENUE BONDS, SERIES A, AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF WHEREAS, the Beaumont Financing Authority (the "Authority ") is a joint powers authority duly organized and existing under and pursuant to that certain Joint Exercise of Powers Agreement, dated as of April 1, 1993, by and between the City of Beaumont (the "City ") and the Beaumont Redevelopment Agency (the "Agency "), and is authorized to borrow money for the purpose of financing public capital improvements of public entities including City of Beaumont Community Facilities District No. 93 -1 ( "CFD No. 93 -1 "); WHEREAS, CFD No. 93 -1 requested that the Authority assist it in financing the acquisition, construction and equipping of certain public capital improvements; WHEREAS, the Authority has previously agreed to issue its bonds (the "Authority Bonds ") pursuant to an Indenture of Trust, dated as of January 15, 1994 (the "Original Authority Indenture "), by and between the Authority and Union Bank, N.A. (as successor to BNY Western Trust Company, which was successor to The Bank of New York Trust Company of California, which was successor to Meridian Trust Company of California), as trustee (the "Authority Trustee "), as amended and supplemented (collectively, the "Authority Indenture"), in order to purchase one or more series of CFD No. 93 -1 Special Tax Bonds, issued pursuant to an Indenture of Trust, dated as of January 15, 1994 (the "Original District Indenture "), by and between CFD No. 93 -1 and the Authority Trustee as trustee under the District Indenture (the "District Trustee "), as amended and supplemented (collectively, the "District Indenture"); WHEREAS, to provide funds for the acquisition, construction and installation of public capital improvements comprising the Project (as defined in the District Indenture), including the refunding of bonds previously issued for such purpose, the Authority has agreed to issue its 2011 Local Agency Revenue Bonds, Series A (the "Authority Bonds "), pursuant to the Twenty -First Supplemental Indenture (as defined below) to be used to purchase two series of CFD No. 93 -1 Special Tax Bonds, 2011 Series A and 2011 Series B with respect to Improvement Area No. 17B (the "District Bonds "); WHEREAS, the Authority proposes to secure the Authority Bonds with a pledge of revenues and an assignment of its rights with respect to payments of principal and interest on the District Bonds; WHEREAS, in order to provide for the authentication and delivery of the Authority Bonds, to establish and declare the terms and conditions upon which the Authority Bonds are to be issued and secured and to secure the payment of the principal thereof and interest thereon, the Authority desires to enter into a Twenty -First Supplemental Indenture of Trust (the "Twenty -First Supplemental Indenture ") between the Authority and Union Bank, N.A., acting as trustee; WHEREAS, a form of the Preliminary Official Statement (the "Preliminary Official Statement ") relating to the financing of the public capital improvements by issuance of the Authority Bonds has been presented to the Authority and is on file with the Secretary of the Authority (the "Secretary of the Authority "); WHEREAS, a form of the Purchase Contract (the "Purchase Contract ") with the Underwriter has been presented to the Authority and is on file with the Secretary of the Authority; WHEREAS, the Authority is authorized to undertake all of the above pursuant to the Joint Exercise Powers Agreement, dated as of April 1, 1993, by and between the City and the Redevelopment Agency of the City of Beaumont and the laws of the State of California; and WHEREAS, the Authority desires to ratify all actions heretofore taken with respect to the Authority's 2011 Local Agency Revenue Bonds, Series A except as such actions and approvals are superseded by the terms of this Resolution; NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE BEAUMONT FINANCING AUTHORITY AS FOLLOWS: Section 1. Recitals; Public Benefits. All of the above recitals are true and correct. The Authority Board (the "Authority Board ") has previously found and determined after a properly noticed public hearing that the issuance of the Authority Bonds and the acquisition of the District Bonds will result in, significant public benefits in accordance with the criteria specified in California Government Code Section 6586. Section 2. Twenty -First Supplemental Indenture. The form and content of the Twenty-First Supplemental Indenture, a revised copy of which is on file with the Secretary of the Authority, with appropriate changes to reflect the sale of the Authority Bonds to the Underwriter and the terms of the sale of the Authority Bonds and other matters as deemed appropriate by the Executive Director of the Authority (the "Executive Director') in consultation with Bond Counsel, Agency Counsel and Authority Counsel and with such other additions and changes therein as are approved as to form by the Authority Counsel, and as are approved as to content by the Chairperson of the Authority (the "Chairperson "), is hereby approved. The Chairperson is hereby authorized and directed, for and in the name of and on behalf of the Authority, to execute and deliver the Twenty-First Supplemental Indenture as so finally approved, and the Secretary of the Authority is authorized to attest thereto, such approval to be conclusively evidenced by such officer's execution and delivery of the Twenty-First Supplemental Indenture. Section 3. Preliminary Official Statement. The form and content of the Preliminary Official Statement, a revised copy of which is on file with the Secretary of the Authority, is hereby approved and the Executive Director and other staff of the Authority are hereby authorized and directed to cause a final official statement (the "Official Statement ") to be prepared. The distribution of the Preliminary Official Statement and of the Official Statement in connection with the public offering of the Authority Bonds is hereby approved. The Executive Director, acting singly, is hereby authorized to determine that the Preliminary Official Statement is deemed final for purposes of Rule 15c2 -12 of the Securities and Exchange Commission ( "Rule 15c2 -12 ") and to execute a Certificate (the "15c2 -12 Certificate "), for and in the name of the Authority, to certify the same. The Executive Director, acting singly, is hereby authorized and directed, for and in the name of and on behalf of the Authority, to execute and deliver the Official Statement in substantially the form of the Preliminary Official Statement, with such additions and changes therein as are approved as to form by the Authority Counsel and by Disclosure Counsel to the Authority, and as are approved as to content by the officer executing the Official Statement, such approval to be conclusively evidenced by such officer's execution and delivery of the Official Statement. Section 4. Purchase Contract. The form and content of the Purchase Contract, a copy of which is before the Authority Board and is on file with the Secretary of the Authority, with appropriate BMT17B BFA 2011 -02 RES AMEND DOCS&doc changes to reflect the dates, amounts, interest rates and other terms applicable to the Authority Bonds as of the sale date and such other matters as deemed appropriate by the Executive Director in consultation with Bond Counsel and Authority Counsel and with such other additions and changes therein as are approved as to form by the Authority Counsel and as are approved as to content by the Authority, is hereby approved. The Chairperson or Executive Director is hereby authorized and directed, for and in the name of and on behalf of the Authority, to execute and deliver the Purchase Contract in substantially the form presented to and considered at this meeting, and the Secretary of the Authority is authorized to attest thereto, with such additions and changes therein as are approved as to form by the Authority Counsel, and as are approved as to content by the Authority, such approval to be conclusively evidenced by such officer's execution and delivery of the Purchase Contract. The Authority Bonds shall be sold to O'Connor & Company Securities, Inc., herein designated as the Underwriter, with an Underwriter's discount not in excess of two and one half percent (2.5 %) of the aggregate par value thereof and at a net interest cost on the Authority Bonds, excluding Underwriter's discount but including original issue discount, if any, not to exceed seven and three- quarters percent (7.75 %). Section 5. District Bonds Purchase Contract. The form and content of the Purchase Contract for Purchase and Sale of District Bonds (the "District Bonds Purchase Contract "), a revised copy of which is on file with the Secretary of the Authority, relating to the negotiated sale of the District Bonds, a copy of which is before the Authority Board and on file with the Secretary of the Authority, with appropriate changes to reflect the purchase of the District Bonds, the terms of redemption of the District Bonds, the terms for prepayment of Special Taxes with respect to the District Bonds and other matters as deemed appropriate by the Executive Director in consultation with Bond Counsel and Authority Counsel and with such other additions and changes therein as are approved as to form by the Authority Counsel, and as are approved as to content by the Authority is hereby approved. The Chairperson or Executive Director is hereby authorized and directed, for and in the name of and on behalf of the Authority, to execute and deliver the District Bonds Purchase Contract in substantially the form presented to and considered at this meeting, and the Secretary of the Authority is authorized to attest thereto, with such additions and changes therein as are approved as to form by the Authority Counsel, and as are approved as to content by the Authority, such approval to be conclusively evidenced by such officer's execution and delivery of the District Bonds Purchase Contract. The District Bonds shall be purchased by the Authority with a discount not in excess of the amount required to reflect the applicable share of the costs of the District Bonds. Section 6. Escrow Agreement. The form and content of the Escrow Agreement, a copy of which is before the Authority Board and is on file with the Secretary of the Authority, with appropriate changes to reflect the dates, amounts, interest rates and other terms applicable to the Authority Bonds as of the sale date and such other matters as deemed appropriate by the Executive Director in consultation with Bond Counsel and Authority Counsel and with such other additions and changes therein as are approved as to form by the Authority Counsel and as are approved as to content by the Authority, is hereby approved. The Chairperson or Executive Director is hereby authorized and directed, for and in the name of and on behalf of the Authority, to execute and deliver the Escrow Agreement in substantially the form presented to and considered at this meeting, and the Secretary of the Authority is authorized to attest thereto, with such additions and changes therein as are approved as to form by the Authority Counsel, and as are approved as to content by the Authority, such approval to be conclusively evidenced by such officer's execution and delivery of the Escrow Agreement. Section 7. Continuing Disclosure Agreement. The proposed form of the Continuing Disclosure Agreement (the "Continuing Disclosure Agreement ") pertaining to the Authority Bonds to be entered into by the District and/or by the Authority and by the Trustee, a copy of which is before the Board and is on file with the Secretary of the Authority, with appropriate changes to reflect the terms of sale of the Authority Bonds and such other matters as deemed appropriate by the Executive Director in 3 BMT17B BFA 2011 -02 RES AMEND DOCSa.doc consultation with Bond Counsel and Authority Counsel and with such other additions and changes therein as are approved as to form by the Authority Counsel, and as are approved as to content by the Chairperson or Executive Director is hereby approved. The Executive Director or Chairperson and the Secretary of the Authority Board are, and each of them is, hereby authorized and directed, for and in the name of the Authority, to execute and deliver to the Trustee the Continuing Disclosure Agreement in substantially said form as approved by the Chairperson or Executive Director, with such changes therein as Authority Counsel, Bond Counsel and Agency Counsel may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Continuing Disclosure Agreement by the Chairperson of the Authority Board or the Executive Director of the Authority. Section 8. Actions Approved. All actions heretofore taken by any officer or officers of the Authority, with respect to the issuance or sale of the Bonds, or in connection with or related to any of the agreements referenced herein or the financing of the Project are hereby approved, confirmed and ratified. Section 9. Further Actions. The Chairperson of the Authority, the Vice Chairperson of the Authority, the Authority Executive Director, the Authority Counsel, the Authority Controller, the Secretary of the Authority, any Assistant Secretary of the Authority and any other officers of the Authority are, and each of them acting alone is, hereby authorized and directed, for and in the name and on behalf of the Authority to take such actions, and to execute such documents and certificates, as may be necessary to effectuate the purposes of this Resolution. The Chairperson may designate the Vice Chairperson or the Executive Director of the Authority to execute any of the agreements to be executed by the Chairperson pursuant to this Resolution. Section 10. Effect. This Resolution shall take effect immediately upon its adoption. MOVED, PASSED AND ADOPTED this 6d' day of December, 2011, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Secretary in Chairperson of the Beaumont Financing Authority 4 BMT17B BFA 2011 -02 RES AMEND DOCSa.doc EDIT A Documents incorporated by reference to materials filed with the Secretary: 1. Twenty -First Supplemental Indenture of Trust. 2. Preliminary Official Statement. 3. Authority Purchase Contract. 4. Purchase Contract for Purchase and Sale of District Bonds. 5. Continuing Disclosure Agreement. 6. Escrow Agreement. ExhA -1 BMT 17B BFA 2011 -02 RES AMEND DOCSa.doe Agenda Item NOV-1 STAFF REPORT To: Honorable Mayor and City Council Members From: Community and Economic Development Dept Date: December 6, 2011 Subject: Approval to Participate in the Riverside County Mortgage Certificate (MCC) Program Background and Analysis: The Riverside County Board of Supervisors annually authorizes the County Economic Development Agency (EDA) to apply to the California Debt Limit Allocation Committee for an allocation of Mortgage Credit Certificates. The City of Beaumont is proposing to renew the City's participation in the County MCC Program for mortgage loans available for first -time homebuyers in Beaumont. Adoption of the attached resolution is necessary for the City to participate in the County's MCC Program. A Mortgage Credit Certificate (MCC) entitles qualified home buyers to reduce the amount of federal tax burden on a home mortgage. This tax credit allows the buyer to qualify more easily for a loan by effectively increasing the stated income of the buyer. The Riverside County MCC Program allows a 15% rate, which can be applied against the interest paid on the mortgage loan. The borrower can then claim a credit on their taxes equal to 15% of the interest paid during the year. Since the taxes paid by the borrower are being reduced, the annual take -home pay is effectively increased. The borrower can still deduct the remaining part of the interest paid as a standard deduction. When underwriting a loan, a lender takes this potential increase in income into consideration and the borrower is able to qualify for a larger loan than would otherwise be possible. This program can be used with all types of homes, including foreclosures, new and resale single - family and/or manufactured homes, and may be the "extra cushion" future homebuyers will need to purchase in the City of Beaumont. The Riverside County EDA will be submitting an application on or before March, 2012 for applicants acquiring homes within the County. Program guidelines include income restrictions, as well as limits to the purchase price of the home. Future Beaumont homebuyers can qualify for 0 the MCC on their own through their lender, even if the City is not proving any down payment assistance. The City of Beaumont has participated in the MCC Program in past years. Last year four homebuyers utilized the MCC program to purchase a home in the City of Beaumont. An overview explaining the program, homeowner eligibility criteria, the application process and a sample home loan statistics with and without the MCC program has been provided as Exhibit A (attached). Financial Impact: No impact to the City or the Redevelopment Agency budget. Potential buyers can qualify through a lender to receive the MCC from the County. Recommendation: Staff recommends the City Council ADOPT Resolution No. 2011 -32 APPROVING Participation in the Riverside County Mortgage Certificate (MCC) Program Respectfully submitted; CITY OF BEAUMONT yle Warsinski Community Development Analyst 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 WHEREAS, the Tax Reform Act of 1986 established the Mortgage Credit Certificate Program ( "MCC Program ") as a means of assisting qualified individuals with the acquisition of new and existing single family housing; and WHEREAS, pursuant to Division 31, Part 1, Chapter 3.5, Article 3.4 of the California Health and Safety Code Sections 50197 et seq, local issuers are authorized to issue Mortgage Credit Certificates ( "Certificates ") and administer MCC Program; and WHEREAS, the Board of Supervisors of the County of Riverside adopted Resolution No 87 -564 on December 22, 1987 establishing a Mortgage Credit Certificate Program; and WHEREAS, the Board of Supervisors of the County of Riverside has authorized the Riverside County Economic Development Agency ( "EDA ") to administer the MCC Program pursuant to the applicable federal, state and local policies and procedures, and to enter into those agreements necessary for efficient administration of the MCC Program; and WHEREAS, the County of Riverside ( "County ") will be applying to the California Debt Limit Allocation Committee ( "CDLAC ") for a mortgage credit certificate allocation on or before March, 2012; and WHEREAS, the City of Beaumont ( "City ") wishes to participate in the MCC Program administered by the EDA in connection with mortgage loans it will make available for the acquisition of new and existing single - family housing in Riverside County; and WHEREAS, the adoption of this resolution is necessary to include the City of Beaumont as a participating unit of general government under County's MCC program; and WHEREAS, the City agrees to cooperate with the County of Riverside to undertake the MCC program within City jurisdiction to assist persons or households of limited income to purchase new and existing single family residences located in the city; and WHEREAS, the City by adopting this Resolution, hereby gives notice of its election to participate in the Riverside County MCC program. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT AS FOLLOWS: Section 1 — The City of Beaumont agrees to participate in the MCC Program administered by the EDA in connection with mortgage loans it will make available for the acquisition of new and existing single - family housing in Riverside County; Section 2 — The City of Beaumont agrees to assist the County of Riverside to market the MCC Program within the city's jurisdictional boundary by publishing a general public notice in the local newspaper at least twice a year. MOVED, PASSED AND ADOPTED this 6th day of December, 2011 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Mayor Brian De Forge ATTEST: Deputy City Clerk Exhibit A RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM Program Overview A Mortgage Credit Certificate (MCC) entitles qualified home buyers to reduce the amount of their federal income tax liability for an amount equal to 15% of the mortgage interest paid during the year on their primary mortgage loan. The advantages to the home buyer include: • The home buyer's federal income tax liability is directly reduced by the amount of the tax credit; • Home buyers can qualify more easily for their primary mortgage loan- lenders may factor in the tax credit when underwriting the loan application, which may allow the borrower to (i) qualify for a larger loan amount, or (ii) improve the borrower's qualifying debt ratios. If the amount of the MCC exceeds the homebuyer's tax liability, the unused portion of the credit can be carried forward to the next three years or until used, whichever comes first. Homebuyer Eligibility Criteria There are three basic criteria for determining a home buyer's eligibility for the MCC tax credits: 1. The borrower must be a first time Home Buyer defined as a person who has not had an ownership interest in improved -upon residential real property for the previous three (3) years.* 2. The borrower's annual income must fall within the program income limits as follows: Max Income Outside Target Area' • Household w/ 1 -2 persons: $70,400 • Household w/ 3+ persons: $80,960 Max Income Inside Target Area* • Household w/ 1 -2 persons: $84,480 • Household w/ 3+ persons: $98,560 1 Target Areas are census tracts designated by the Federal government to encourage investment. The home being purchased must fall within the program purchase price limits as follows: ■ Max Home Purchase Price • Outside Target Area: $450,000 • Inside Target Area: $550,000* *If the home is located in a Target Area census tract, then the first -time buyer requirement does not apply and the income and purchase price limits are higher. There are target area census tracts throughout Riverside County. The residence purchased in conjunction with an MCC must be the borrower's principal residence and may not be used as a business, rental or vacation home. The home may be a new or re -sale, detached or attached single - family home, condominium unit, a co -op unit, or a manufactured home on a permanent foundation. The home must be located in unincorporated County or within the City limits of participating cities. Mortgage Credit Certificate Application Process The jurisdiction in which the home is located must be a participant in the County MCC program administered by the EDA. The application process is as follows: 1. Borrowers must apply for a MCC through a Participating Lender. 2. The Participating Lender will perform an initial qualification and assist the borrower in completing the MCC submission forms. 3. Buyer makes offer on home and goes into escrow. 4. The Lender then submits the MCC application to the County. 5. The County reviews Borrower and property qualifications and, if they meet the program guidelines, issues a letter of commitment to the Lender. 6. The Commitment Letter must be issued prior to the close of the loan. 7. The loan must close within 60 days of the commitment. 8. Upon loan closing, the Lender submits the MCC Closing Package to the County and the County issues the MCC, with the Lender and borrower each receiving a copy. 9. The borrower may then claim the tax credit on their Federal Income Tax Returns. 10. Borrowers can realize the tax credit annually as a tax refund or adjust their W -4 withholding form to receive the benefit via an increased pay check. The following table illustrates how an MCC may increase a borrower's "effective home buying power ": Effective Home Buying Power With and Without an MCC Without With MCC MCC First Mortgage Amount $300,000 $300,000 Mortgage Interest Rate 7% 7% Monthly Mortgage (Principal & Interest $1,996 $1,996 Only) MCC Rate N/A 15% Monthly Credit Amount N/A $26:25 "Effective" Monthly $1,996 $1,733.75 Mortgage Payment Annual Income Needed * $85,542 '$74,304_ Annual Income Needed is based on monthly Principal and Interest (P &I) not exceeding 28% of monthly income. ATTACHMENT K HOUSING ELEMENT CERTIFICATION FORM FOR APPLICATION FOR AN ALLOCATION OF QUALIFIED PRIVATE ACTIVITY BONDS FOR A SINGLE FAMILY HOUSING MORTGAGE CREDIT CERTIFICATE PROGRAM Note: To be completed by each participatingjurisdiction. Certification of the City of Beaumont (Participating Jurisdiction) In connection with the following Qualified Private Activity Bond Application: APPLICANT: County of Riverside for a Mortgage Credit Certificate Program. The undersigned officer of the City of Beaumont (Participating Jurisdiction) hereby certifies as follows: 1. I, Alan Kapanicas (Name), am the City Manager (Title) of the City of Beaumont (Participating Jurisdiction); which is a participating jurisdiction of the proposed Single Family Housing Mortgage Credit Certificate program. 2. The proposed Single Family Housing Program is consistent with the adopted housing element for the City of Beaumont (Participating Jurisdiction) in which the proposed program will operate, pursuant to Section 5267 of the California Debt Limit Allocation Committee Regulations. Signature of Senior Official City Manager Title Alan Kapanicas Print or Type Name Date Agenda Item No. 1 STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: COMMUNITY AND ECONOMIC DEVELOPMENT DEPT. AGENDA DATA: DECEMBER 6, 2011 SUBJECT: BUSINESS LICENSE — AUTOMOBILE FOR HIRE PERMIT ( #11 -0027) LEXXIOM MEDICAL SERVICES, INC. (NON - EMERGENCY MEDICAL TRANSPORT) BACKGROUND /ANALYSIS: Staff is in receipt of a request for "Out -of- Town" business license application by Lexxiom Medical Services, Inc. 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 a dispatching office in San Jacinto, CA. All of the vehicles related to transport of passengers for the Beaumont area would be stored and dispatched from this location. 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 -027) Lexxiom Medical Services - Non - Emergency Medical Transport. Respectfully Submitted, Chris Tracy Associate Planner, AICP AUTOMOBILE FOR HIRE "LEXXIOM MEDICAL SERVICES, INC." — NON EMERGENCY MEDICAL TRANSPORT PERMIT #11 -0027 CONDITIONS OF APPROVAL Lexxiom Medical Services — Non Emergency Medical Transport was approved by the Beaumont City Council at its meeting on December 6, 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. 'rte City o (Beaumont Planning Department 550 E. 6t' Street Beaumont, CA 92223 (951) 769 -8518 www.ci.beaumont.ca.us Case No. --003 Receipt No. 11 Fee $ S0.00 Date Paid tl• AUTOMOBILE FOR HIRE APPLICATION Application Type: OTaxicab QAmbulance ❑Other: 1. Applicant's Name 2. Applicant's Address 1 / to %l� J C3i�/��_ . Rile Ski /74D kw ifa4a CA 9173 % n4ty /Staterzip 3. Business Name,4Pzvi'oryl /NPiji gl .<er✓ice Zy. Phone (If corporation or partnership application must include names of p :mcipal officers or partners) 4. Business Address Sctme &9 a6ow2 ity /St/Zip 5. Describe Your Business Activities (including location of the places where the applicant proposed to stand each automobile): Am nolcLrc�e -l--rr� -r*-S PaY�j__Non ,emergpyV_u and CC`r co_[ IS , 13. Area for additional comments, clarifications, etc. 14. CERTIFICATION OF ACCURACY AND COMPLETENESS: i- hereby certify that to the best of my knowledge the information in this application and all attached answers and exhibits are true, complete, and co ct. �bx6zou cl er Sr. Print Name and Sign — Applicant ate LEXXIOM MEDICAL SERVICES, INC 2011 Fee Schedule Base Rate Charges Basic Life Support — Non - Emergency — A0428: $750.00 Basic Life Support — Emergency — A0429: $792.00 Advanced Life Support — Non - Emergency — A0426: $1,045.00 Advanced Life Support — Emergency — A0427: $1,210.00 Advanced life support, level 2 — A0433: $1,375.00 Critical Care Transport — A0434: $1,585.00 Milea_ eq Charges* Ambulance Mileage — A0425: $25.00 *All mileage shall be billed and paid on the basis of "loaded miles," that is, those miles for which the patient is on board the vehicle. All Base Rate Charges shall be in accordance with the most current definitions of each level of service as set forth by the Centers for Medicare and Medicaid Services (CMS). The rates set forth herein shall increase annually by the same percentage as the Ambulance Inflation Factor (AIF), published annually by CMS. RIVERSIDE Unit Year Make Model Type Plate VIN Expires Mileage Cap 52 1999 Ford E-450 III 8C42625 1FDXE40F3XHA32654 7/31/2012 179395 2 S D S4 1172 2008 [S Ford E-350 11 8T56972 1FDSS34P48DB61172 2/28/2012 112973 2 1226 2008 Ford E-350 11 8T56971 1FDSS34P18DB61226 2/28/2012 117413 2 3022 2008 Ford E-350 11 81199439 1FDSS34P58DB43022 2/28/2012 102675 2 3023 2008 Ford E-350 11 8T29358 1FDSS34P78DB43023 2/28/2012 95033 2 7703 2010 Ford E-350 11 8X36119 1FDSS34P37DS77703 1/31/2012 33358 2 7705 2010 Ford E-350 11 8X36120 1FDSS34P79DA77705 1/31/2012 59157 2 9325 2006 Ford E-350 III 6LQD925 1FDWE35P86HA89325 3/24/2012 147388 2 1309 1999 Ford E-450 III 8X98267 1FDWE30F3XHC21309 4/30/2012 147060 2 4746 2003 Ford E-450 III 1FDXE45F63HB64746 70000 2 4423 2001 Ford E-450 III 8X98445 1FDXE45FOlHB14423 6/30/2012 77060 2 X064 '1003 Frie C3500 fit 4 WD2YD542135512064 11/30/2010 126926 2 , 0315 2010 ford 11 87871A1 1FDSS3EP3ADA40315 4/30/2012 55 2 0319 2010 ford 11 87872a1 1FDSS#EPOADA40319 4/30/2012 55 2 12521 2010 ford 11 87873A1 1FDSS3EPXADA32521 4/30/2012 55 2 1 1201 2008 Ford E-350 If 81343638 1FDSS34P58DA51201 3/31/2012 156534 2 Oati6 out 11/11 waiting on DMV STAFF REPORT Agenda Item 3 . I TO: Mayor and Council Members FROM: Community and Economic Development Department DATE: December 6, 2011 SUBJECT: Exclusive Negotiating Agreement with Grady Hanshaw Background and Analysis: The proposed Exclusive Negotiating Agreement (ENA) between the City of Beaumont (City) and Grady Hanshaw (Developer) would grant the Developer the exclusive right to negotiate a Disposition and Development Agreement (DDA) which would guide the development of a new retail commercial center located on approximately 1.71 acres on Fourth Street south of Interstate 10 and east of State Highway 79. The property is currently vacant and is owned by the City. The developer would have until March 30, 2012 to negotiate a DDA which would set forth a detailed proposal to develop the land in accordance with the General Plan of the City of Beaumont. In addition, the DDA would include requirements related to the preparation of a specific plan of land use for the surrounding parcels to facilitate the logical and orderly development of an integrated commercial center on approximately 5.45 acres located along Fourth Street. Recommendation: Staff recommends APPROVAL of the Proposed ENA and Project Progress Report and AUTHORIZATION of the Mayor to execute the ENA and Project Progress Report subject to the authority of the City Attorney to make non - substantive changes. CITY OF BEAUMONT PROJECT PROGRESS REPORT ENA WITH GRADY HANSHAW Fund Project Name: Grady Hanshaw ENA Source: Developer Financed Contract As per existing agreements Contractors: As per existing agreements Date: Const. Budget: TBD Subcontractors: See approved CIP Contractor List A &E Budget: As per approved CIP contractor Project Start Date: December 2011 agreements Work Completed During Report Period: Prepared Agreement, attended meetings with the Developer. Problems or Delays During Report Period: No problems or delays. Change Orders: No change orders. Recommendation(s) for City Council Action: Approve Agreement and expend funds as necessary to provide legal, planning and engineering support to prepare a draft DDA for development of approximately 5.45 acres of land along Fourth Street. Report Approved by: Mayor's Signature Date of City Council Approval Hanshaw Development Company 1312 E. Ontario Avenue, Suite 106 Corona, Ca. 92881 714- 273 -8929 October 28, 2011 Mr. Alan Kapanicas City of Beaumont /Director of Redevelopment 550 East 6t" Street Beaumont, Ca. 92223 Dear Mr. Kapanicas: I am writing on behalf of my company, Hanshaw Development Company to Request an opportunity to negotiate a Development Agreement with the City Of Beaumont for the property located on 4th Street and Highway 79, south of the I -10 Freeway. Please let me know when you may be available to meet for further discussion With the ultimate goal of a Development Agreement between The City of Beaumont and Hanshaw Development Company to develop this property to It's highest and best ultimate use for the benefit of the Community. Sincere regards, p --6— Grady HGI anshaw Hanshaw, Development Company 1312 E. Ontario Avenue, Suite 106 Corona, Ca. 92881 EXCLUSIVE NEGOTIATING AGREEMENT BETWEEN THE CITY OF BEAUMONT AND GRANDY HANSHAW This Exclusive Negotiating Agreement (this "Agreement ") is entered into by and between the CITY OF BEAUMONT, a local municipality (the "City ") and Grady Hanshaw (the "Developer "), and for the convenience of the parties shall be dated as of December 6, 2011. RECITALS WHEREAS, the City desires to have certain land comprising approximately 1.71 acres located South of Interstate 10 and east of State Route 79 developed in accordance with the City of Beaumont General Plan, which land is specifically shown on Exhibit "A" attached hereto and incorporated herein by reference (the "Land "); WHEREAS, the City and the Developer desire to develop the Land and surrounding parcels with the construction thereupon of new commercial land uses in conjunction with certain public infrastructure improvements such as roads and utilities (the "Project "); WHEREAS, the City and Developer agree that development of the Land will directly and indirectly facilitate and further the development of public infrastructure improvements and the creation of new jobs; WHEREAS, the City and Developer desire to enter into this Agreement for the purpose of further exploring the feasibility of the development of the Project and the public infrastructure referenced herein. NOW THEREFORE, In consideration of their mutual covenants and obligations set forth herein, the parties hereto agree as follows: Sect= IncorRoration of Recitals. The City and the Developer agree that the recitals set forth above are true and correct and the same are hereby incorporated by this reference into the body of this Agreement. Sect_ Exclusive Negotiation. The City and the Developer hereby agree to negotiate in good faith a Development Agreement for the Land conditioned upon the delivery by the Developer of a development proposal in substantial conformance with the City's requirements concerning form and content. The City agrees that it will not negotiate with any other developer for development of the Land during the term of this Agreement. Notwithstanding the foregoing, the City reserves the right to continue to solicit, receive and review proposals related to the development of the City Property for the term of this Agreement provided, however, that it shall not enter into negotiations with any proponents of such proposals during the term of this Agreement without the written approval of the Developer. Nothing in this Agreement shall require the City or the Developer to enter into a Development Agreement. Sec= Basis for Negotiation. The City and the Developer acknowledge that this Agreement has been granted based on the Developer's written request to the City. Section 4. Description of Project: The Land shall be developed as a retail commercial center and will utilize the Land which is currently owned by the City. Scope of Development: The Project shall consist of the development of the Land which consists of approximately 1.71 acres along with the construction thereon of a new retail commercial center to serve the community and motoring public, together with the preparation of a specific land use development plan for the Land and surrounding parcels. The Project will have on -site parking and landscaping in accordance with the Beaumont Municipal Code except as otherwise described in this Agreement or the Development Agreement. Quality of Development: The Developer commits to construct the Project utilizing high quality of architecture, design and materials as are compatible with the goals of the City. The Developer anticipates completion of construction of the Project within two (2) years of the date of execution of a Development Agreement for the Project. Section 5. Fee. In consideration of this Agreement, the Developer shall pay to the City an initial Exclusive Right to Negotiate Fee equal to Two Thousand Five Hundred Dollars ($2,500) (the "ERN Fee "). The ERN Fee must be paid within five (5) days of the effective date of this Agreement. The ERN Fee shall be used by the City to offset costs incurred in connection with the preparation and negotiation of this Agreement. Section 6. Term of Agreement. This Agreement shall terminate on March 30, 2012 at 5:00 p.m., unless such termination date is extended in writing by mutual agreement of the Developer and the City Manager of the City. The parties hereto may mutually terminate this Agreement at any time by written agreement. Section 7. Assignment. This Agreement shall not be assigned by the Developer without the prior written consent of the City, which consent shall be in the City's sole discretion. IN WITNESS WHEREOF, the City and the Developer have each executed this Agreement as of the date first set forth above. "CITY" CITY OF BEAUMONT BRIAN DE FORGE, Mayor ATTEST: Secretary APPROVED AS TO FORM: Joseph Aklufi Agency Counsel "DEVELOPER" GRADY HANSHAW im- Name: "EXHIBIT A" THE LAND STAFF REPORT Agenda Item -3 - YYN TO: Mayor and Council Members FROM: City Manager DATE: December 6, 2011 SUBJECT: Exoneration and acceptance of improvements for Bond No. 8887116 for Tract 30748 -3 Street Improvement - Pardee Homes - Tournament Hills - Located off of Desert Lawn Drive and Champion Lane. Background and Analysis: Staff has reviewed the request to release and exonerate the above referenced bonds and found it to be consistent with the Subdivision Agreement. Recommendation: Staff recommends AUTHORIZATION of the City Manager to release and exonerate the bonds as requested and acceptance of the public improvements for maintenance. Respectfu s bmitted: WC. AUMON Ian .cas City Manager Date: 07 -21 -11 City of Beaumont 550 E. 6"' Street Beaumont, CA 92223 Phone: (951) 769 -8520 - Fax: (951) 769 -8526 PUBLIC WORKS DEPARTMENT REQUEST FOR MAINTENANCE BOND EXONERATION To: Public Works Inspector Planning Director Building & Safety Surveyor Community Service From: Corrie Pettit, Customer Service Coordinator RE: Pardee Homes, Sundance Tract 30748 -3 Improvements Name: Thuc Miyashiro Address: 10880 Wilshire Boulevard, Suite 1900, Los Angeles, CA 90024 Phone #: 310- 475 -3525 The applicant has requested exoneration of improvement or maintenance bonds for the above referenced project. Please sign below when the applicant has completed all requirements as set forth in the conditions of approval for the project and return to me for processing. If there are any items which must be addressed prior to the release of the bonds, please contact the applicant to advise him or her of your department's requirements as soon as possible. Thank you very much. Corrie Pettit Customer Service Coordinator 951- 769 -8520 Ext. 351 I have reviewed the above referenced project conditions of approval and have no objection to the request for bond exoneration. Date: 03 -14 -11 C i o f Beaumont 550 E. 6`h Street Beaumont, CA 92223 Phone: (951) 769 -8520 • Fax: (951) 769 -8526 PUBLIC WORKS DEPARTMENT REQUEST FOR MAINTENANCE BOND EXONERATION To: Public Works Inspector Planning Director Building and Safety Director Surveyor Community Service From: Corrie Pettit, Customer Service Coordinator RE: Pardee Homes, Sundance Tract 30748 -3 Name: Thuc Miyashiro Address: 10880 Wilshire Boulevard, Suite 1900, Los Angeles CA 90024 Phone #: 310 - 475 -3525 The applicant has requested exoneration of improvement or maintenance bonds for the above referenced project. Please sign below when the applicant has completed all requirements as set forth in the conditions of approval for the project and return to me for processing. If there are any items which must be addressed prior to the release of the bonds, please contact the applicant to advise him or her of your department's requirements as soon as possible. Thank you very much. Corrie Pettit Customer Service Coordinator 951- 769 -8520 Ext. 531 I have reviewed the above referenced project conditions of approval and have no objection to the request for bond exoneration. :::L: : ASSOCI'Ote Name Title Date Date: 09/30/2010 City of Beaumont 550 E. 6'° Street Beaumont, CA 92223 Phone: (951) 769 -8520 - Fax: (951) 769 -8526 PUBLIC WORKS DEPARTMENT REQUEST FOR MAINTENANCE BOND EXONERATION To: Public Works Inspector Planning Director Building and Safety Director Surveyor Community Service — N/A From: Karee Trinidad, Customer Service Coordinator RE: Pardee Homes, Sundance Tract 30748 -3 Name: Thuc Mivashiro Address: 10880 Wilshire Boulevard, Suite 1900, Los Angeles CA 90024 Phone #: 310 - 475 -3525 The applicant has requested exoneration of improvement or maintenance bonds for the above referenced project. Please sign below when the applicant has completed all requirements as set forth in the conditions of approval for the project and return to me for processing. If there are any items which must be addressed prior to the release of the bonds, please contact the applicant to advise him or her of your department's requirements as soon as possible. Thank you very much. Karee Trinidad Customer Service Coordinator 951- 769 -8520 Ext. 338 I have reviewed the above referenced project conditions of approval and have no objection to the request for bond exoneration. Title Date i Date: 07 -21 -11 550 E'. 6' IV ''stt"eel [left if K oti1., CA 92223 Mimic (951 ) 769 -8520 . 14t x. (9 3) '7169-8520 PUBLIC WORKS DEPARTMENT REQUEST FOR MAINTENANCE BOND EXONERATION To: Public Works Inspector Planning Director Building & Safety Surveyor Community Service From: Corrie Pettit, Customer Service Coordinator RE: Pardee Homes, Sundance Tract 30748 -3 Improvements Name: Thuc Miyashiro Address: 10880 Wilshire Boulevard, Suite 1900, Los Angeles CA 90024 Phone #: 310 - 475 -3525 The applicant has requested exoneration of improvement or maintenance bonds for the above referenced project. Please sign below when the applicant has completed all requirements as set forth in the conditions of approval for the project and return to me for processing. If there are any items which must be addressed prior to the release of the bonds, please contact the applicant to advise him or her of your department's requirements as soon as possible. Thank you very much. Corrie Pettit Customer Service Coordinator 951- 769 -8520 Ext. 351 I have reviewed the above referenced project conditions of approval and have no objection to the request for bond exoneration. X • • is Tournament Hills, Tract 30748 -3 Improvements - Maintenance Pardee Job #159203 Bond No: 8887116 Premium: $1,834 Fidelity and Deposit Company of Maryland 999 Third Avenue, Suite 800, Seattle, WA 98104 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we PARDEE HOMES, as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, authorized to do business in the State of California, as Surety, are held and firmly bound unto CITY OF BEAUMONT, as Obligee, in the sum of: THREE HUNDRED FORTY NINE THOUSAND THREE HUNDRED NINETY TWO AND 26/100's DOLLARS ($349,392.26), lawful money of the United Sates of America, for which payment well and truly to be made we bind ourselves, our heirs, executors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the above bounden Principal shall in all things stand to and abide by, and well and truly keep and perform, all covenants, conditions and agreements contained in an Agreement with the said Obligee as is more specifically set forth in said Agreement, to which reference is hereby made and more fully described below: Tournament Hills, Tract 30748 -3 Improvements - Maintenance IT IS FURTHER UNDERSTOOD AND AGREED that the period of this bond shall be from to The Surety's liability is limited to claims made during the term of the bond and shall not exceed in the aggregate the penal sum of the bond specified herein. This bond will not respond to any liability which arises from design, maintenance or efficiency guarantees. SIGNED, SEALED, AND DATED THIS 13th day of August, 2009. PARDE By: J hn FIDELITY By: IES 1 , Sr. Vice President COMPANY OF MARYLAND Rana �. Amaya, tt ney -in -Fact • 0 • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GERALD F. HALEY, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the dak ereby nominate, constitute and appoint Barbara BAIL, Tandie JARVIS, Marc D. STU , all of Los Angeles, California, EACH its true and lawful agent and Attorney -in- ute ° or, and on its behalf as surety, and as its act and deed: any and all bon ° gs not to exceed the sum of ONE MILLION DOLLARS ($1,000,0�� ono u a ertakings in pursuance of these presents, shall be as binding upon said C and and purposes, as if they had been duly executed and acknowledged by t eVt(o ff e y at its office in Baltimore, Md., in their own proper persons. This power of alto es of Barbara BAIL, Tandie JARVIS, Marc D. STUART, dated July 23, 2004. �radoes The said Assistant hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of April, A.D. 2006. ATTEST: 'y�C DEPOS�i ti ��Vi o 0 W � O l� State of Maryland 1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND '�L/) _ At, Gerald F. Haley Assistant Secretary By: Theodore G. Martinez On this 17th day of April, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. POA -F 180 -0012 �N R. � Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 • STATE OF CALIFORNIA } } SS COUNTY OF LOS ANGELES } On 8/13 / 2 0 0 9 before me, Jose A. Tobar, Notary Public personally appeared John Arvin and Rana V. Amaya, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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. WITNESc my 16aimA anA nffinial enal Signature: • • (Seal) .IM A. TMOWOM COM Mp M # 168M M Angeft C► My Caron. &O"Aup 28, 201 Agenda Item No. . n STAFF REPORT TO: Mayor and City Council Members FROM: City Manager AGENDA DATE: December 6, 2011 SUBJECT: Approval of Improvement agreement for Tract Map 31426 (RSI Development LP). Located East of Manzanita Park Rd and North of First Street. ........................................................... ............................... BACKGROUND /ANALYSIS: The applicant has requested approval above referenced agreement for public improvements pursuant to the conditions of approval. RECOMMENDATION: Staff recommends that the City Council APPROVE the proposed Improvement Agreement subject to conformance with all Conditions of Approval as approved by the Public Works Director. RespectM Submitted: r�an.AU ipanicas City Manager Rev. 02 /10/09 AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN (Tract Map/Parcel Map/Plot Plan No. -;1O-(e ) THIS SECURITY AGREEMENT is made and effective this day of 20 , by and between the CITY OF BEAUMONT ( "CITY ") and JM bevA -py,uA LP ( "DEVELOPER "). RECITALS A. DEVELOPER has applied to the CITY for permission to develop certain real property, pursuant to Jr&(k No. 3vAz,� ( "Map "). DEVELOPER has also asked the CITY to accept the dedication of the street or streets and other proposed public rights -of -way, parks and recreation facilities, and easements as depicted on the Map and to otherwise approve the Map so that it may be recorded as required by law; and B. The CITY requires, as a condition precedent to the acceptance and approval of the Map and the dedication of the public rights -of -way and easements depicted thereon, that such rights -of -way be improved and certified as completed by the CITY Public Works Director with (for example) grading, paving, curbs, gutters, sidewalks, street lights, stormdrains, sanitary sewers and appurtenances thereto, street name signs, survey monuments, electrical and . telecommunications, water pipes, water mains, fire hydrants and appurtenances thereto, and landscaping (collectively, "Improvements "); and C. The Improvements have not yet been certified as completed and it is the purpose of this Security Agreement to set forth the terms and conditions by which the DEVELOPER shall guarantee that such Improvements shall be constructed and completed within the time set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the acceptance of the DEVELOPER's offer of dedication and the approval of the Map for filing and recording as provided and required by law, the CITY and the DEVELOPER hereby agree as follows: 1. Provision of Improvements. DEVELOPER shall provide, at the DEVELOPER's sole cost and expense, all necessary labor and materials to complete the construction of the Improvements depicted on the Map and described in the conditions of approval of the Map within one (1) year of the date of this Security Agreement. Construction of the Improvements must be certified as complete by the CITY prior to the issuance of the first final inspection permit for residential projects or occupancy permit for commercial and industrial projects, unless otherwise approved by the CITY. • • 2. Inspection by the CITY. The CITY shall inspect, at the DEVELOPER's sole cost and expense, all of the work, labor and materials performed and provided by the DEVELOPER in connection with the Improvements. 3. Compliance with Plans and Specifications. The Improvements shall be constructed and installed in strict accordance with the CITY - approved plans and specifications as required by the CITY. 4. Securitv for Performance. Concurrently with the execution of this Security Agreement by DEVELOPER, DEVELOPER shall deliver to the CITY an irrevocable letter of credit or a performance and warranty bond or bonds issued by a corporate surety (or other security as authorized by Government Code, Section 66499) in substantially the form attached hereto as Exhibit "A ", in an amount that is not less than 100% of the total estimated cost of the Improvements and any warranty therefor. The performance and warranty bond shall be issued by an "admitted" corporate surety insurer authorized to do business in the State of California and the surety insurer shall have an A.M. Best rating of at least "A:X ". The surety insurer shall have assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The security or bond for the warranty shall insure against any and all defects in the Improvements for a period of not less than one full year after the date of the first final inspection certifying completion of the Improvements thereof by the CITY. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the Code of Civil Procedure. The irrevocable letter of credit or bond shall remain in full force and effect and /or renewed until such time as the Improvements are certified Sas being completed by the CITY. 5. Security for Laborers and Materialmen. The DEVELOPER shall also provide an irrevocable letter of credit or a bond issued by a corporate surety for the security of laborers and materialmen, which bond or bonds shall be in substantially the form attached hereto as Exhibit "B" and made a part hereof. The amount of the bond(s) shall be no less than 100% of the total estimated amount needed to secure payment to the contractor, to the subcontractors, and to the persons furnishing labor, materials, or equipment to them for the Improvements. The laborers and materialmen bond shall be provided by an "admitted" corporate surety insurer authorized to transact surety insurance in the State of California with an A.M. Best rating of "AX', and with assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the Code of Civil Procedure. The irrevocable letter of credit or bond shall remain in full force and effect and/or renewed until such time as the Improvements are certified as being completed by the CITY. 6. General Liability and Worker's Compensation Insurance. The DEVELOPER shall, before commencing any work, obtain commercial general liability insurance (primary) of not less than $2,000,000.00 per occurrence for all coverages and $2,000,000.00 general aggregate. The CITY and its employees and agents shall be added as additional insureds. Coverage shall apply on a primary non - contributing basis in relation to any other insurance or self - insurance, primary or excess, available to the CITY or any employee or agent of the CITY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional i 2 . insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment - related practices. Such insurance shall not prohibit the DEVELOPER, and its employees or agents, from waiving the right of subrogation prior to a loss. The DEVELOPER waives its right of subrogation against the CITY. Unless otherwise approved by the CITY, the DEVELOPER's insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M. Best rating of "AX" Self - insurance shall not be considered to comply with these insurance specifications. The DEVELOPER agrees to require all contractors, subcontractors and other parties hired for the Improvements to purchase and maintain insurance of the types specified herein, naming as additional insureds all of the parties to this Security Agreement. The DEVELOPER shall, before commencing any work, obtain Worker's Compensation Insurance in an amount required by law and, failing to do so, the CITY may procure such insurance at the cost of the DEVELOPER. 7. Indemnification. Notwithstanding the provisions of Government Code, Section 66474.9 or any other statutes of similar import, and to the full extent permitted by law, the DEVELOPER shall defend, indemnify and hold harmless the CITY, its employees, agents, officials and attorneys, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind or nature, whether actual, alleged or threatened, actual attorneys' fees, court costs, interest, expert witness fees and any other costs or expenses of any kind whatsoever, without restriction or limitation, incurred in relation to, as a consequence of, or arising out of or in any way • attributable actually, allegedly or impliedly, in whole or in part, to the Map, the Improvements, this Agreement, or any matter related to the same. 8. Procedure for Release of Security. The security furnished by the DEVELOPER shall be released in whole or in part in the following manner: a. Security shall be released upon final completion and acceptance of the Improvements by the CITY Council. If the security furnished by the DEVELOPER is a documentary evidence of security, such as a surety bond or an irrevocable letter of credit, the CITY shall release the documentary evidence and return the original to the Surety upon final completion and acceptance of the Improvements by the CITY Council. In the event the CITY is unable to return the original documentary evidence to the Surety, the security shall be released by written notice sent by certified mail to the DEVELOPER and to the Surety within 30 days of the acceptance of the Improvements. The written notice shall contain a statement that the work for which security was furnished has been completed and accepted, a description of the Improvements, and the notarized signature of an authorized CITY official. b. At such time as the DEVELOPER believes that the work for which the security was required is complete and makes payment of a partial exoneration fee of $350 to the CITY, the DEVELOPER shall notify the CITY in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the CITY shall have 45 days to review and comment on or certify the completion of the Improvements. • 3 • If the CITY does not agree that all work has been completed in accordance with the plans and specifications for the Improvements, it shall supply the DEVELOPER a list of all remaining work to be completed. C. Within 45 days of receipt of the CITY's list of remaining work, the DEVELOPER may then provide cost estimates for all remaining work for review and approval by the CITY. d. Upon receipt of the cost estimates, the CITY shall then have 45 days to review, comment, and certify, modify or disapprove those cost estimates. The CITY shall not be required to engage in this process of partial release more than once between the start of work and the completion and acceptance of all work. e. If the CITY approves the cost estimate, the CITY shall release all performance security except for security in an amount up to 200% of the cost estimate of the remaining work; PROVIDED, HOWEVER, such partial release shall occur only when the cost estimate of the remaining work does not exceed 20% of the total original performance security. Substitute bonds or other security may be used as a replacement for the performance security, subject to the prior written approval of the CITY. A reduction in performance security is not, and shall not be deemed to be, an acceptance by the CITY of the completed Improvements, and the risk of loss or damage to the Improvements and the obligation to maintain the Improvements shall remain the sole responsibility of the DEVELOPER until all required Improvements have been accepted for maintenance by the CITY Council and all other required Improvements have been certified by the CITY as fully completed in accordance with the plans and specifications for the Improvements. f. The DEVELOPER shall complete the works of Improvement until all remaining items are certified as complete by the CITY. Upon completion of the Improvements, the DEVELOPER shall be notified in writing by the CITY within 45 days and, within 45 days of the date of the CITY's notice, the release of any remaining performance security shall be made within 60 days of the recording of the Notice of Completion and acceptance of the Improvements for maintenance by the CITY Council. 9. Procedure for Release of Payment Security. Security securing the payment to the contractor, his or her subcontractors and persons furnishing labor, materials or equipment shall, after passage of the time within which mechanic's liens and stop notices are required to be recorded and after acceptance of the Improvements, be reduced to an amount equal to the total claimed by all claimants for whom mechanic's liens and stop notices have been recorded and notice thereof given in writing to the CITY, and if no claims have been recorded, the security shall be released in full. 10. Security for One -Year Warranty Period. The release procedures described in paragraphs 8 and 9 above shall not apply to any required guarantee and warranty period nor to the amount of the security deemed necessary by the CITY for the guarantee and warranty period • nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. • 11. Binding Effect. This Security Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their legal representatives and their successors and assigns. • • 12. Authority to Execute. The DEVELOPER hereby warrants and represents to the CITY that the individual signing this Security Agreement on behalf of the DEVELOPER is vested with the unconditional authority to do so pursuant to, and in accordance with, all applicable legal requirements, and has the authority bind the DEVELOPER hereto. 13. No Assi nment. The DEVELOPER may not assign this Security Agreement or any part thereof, to another without the prior written consent of the CITY. 14. Attorneys' Fees. In the event of legal action to enforce or interpret this Agreement or any of its provisions, the prevailing party shall be entitled, in addition to any other form of relief, to recover its reasonable attorneys' fees and costs of suit. 15. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. CITY OF BEAUMONT By Mayor DEVELOPER: S7 , L>° By Lin/ T. Title: Al-pr tti- o� %►nAnC� 5 0 EXHIBITI "A" PERFORMANCE BOND WHEREAS, the City Council of the City of Beaumont, State of California, and (hereinafter designated as "Principal ") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated , 20 , and identified as project , is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City "), in the penal sum of dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall • become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on , 20 PRINCIPAL: I SURETY: Title • LIM Title 0 EXHIBIT "B" BOND FOR SECURITY OF LABORERS AND MATERIALMEN WHEREAS, the City Council of the City of Beaumont, State of California, and (hereafter designated as "the Principal ") have entered into an agreement whereby the Principal agrees to install and complete certain designed public improvements, which agreement, dated , 20 , and identified as project is hereby referred to and made a part hereof; and WHEREAS, under the terms of the said agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded • and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on , 20 PRINCIPAL: SURETY: M Title Title . CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT CONSTRUCTION COST WORKSHEET PARCEL MAP OR TRACT NO.: Tract 31426 DATE: 7 -Jul -1 I PP, CUP NO.: BY: IMPROVEMENTS Sewer Total Warranty Retension (22.5 %) Street/Drainage Plan Check Fees = Sewer Plan Check Fees = Street Inspection Fees = Sewer Inspection Fees = FAITHFUL PERFORMANCE/ LABOR AND MATERIALS SECURITY (150% of Estimated Construction Costs) 421.162.55 $ 421,162.55 $ 94,761.57 $ 7,019.38 $ 500.00 $ 11,231.00 $ 750.00 • DESIGN ENGINEERS CALCULATIONS OF IMPROVEMENT BONDING COSTS Construction items and their quantities as shown on attached sheets are accurate for the improvements required to construct the above project and the mathematical extensions using City's unit costs are accurate for determining bonding, plan check and inspection costs. Above amounts do include additional 20% for recordation prior to having signed plans Above amounts do not ❑include additional 20% for recordation prior to having signed plans Engineer's Signature Date Danielle S. Fregoso Name typed or printed Civil Engineer's Stamp * * ** *PLEASE READ INSTRUCTIONS BELOW * * * ** 1. Quantities to be taken from improvement plans, Unit costs to be as provided on "City of Beaumont Improvement Requirement Worksheet ". 2. Show Bond Amounts to the nearest $500. 3. For construction items not covered by "City of Beaumont Improvement Worksheet ", Design Engineer is to provide his opinion of construction cost and use of that cost. If City of Beaumont Unit Costs are determined to be too low in the opinion of the Design Engineer, the higher costs as provided by the Design Engineer should be used. 7/7/2011 CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT • IMPROVEMENT REQUIREMENT WORKSHEET • 9 PROJECT: Tract 31426 DATE: 7- Jul -11 STREET IMPROVEMENTS QTY. UNIT ITEM UNIT COST AMOUNT Roadway Excavation 60 C.Y. 1. Projects with a grading plan area x 0.50' (hinge point to hinge point )(3,260 sf) $ 5.50 $ 330 2. Projects without a grading plan (road area and side slopes to daylight Cut (C) = Fill (f) _ 200 C.Y. (c or fl (a.) Excavate and Fill $ 0.40 $ 80 C.Y. f - c) (b.) Excavate and Export I $ 1.10 $ - (c.) Import and Fill $ 1.20 $ - If balance, provide (a.) only, either cut or fill If export, provide (a.) & (b.), a = fill, b = cut - fill If import, provide (a. ) & c), a = cut, c= fill - cut (Unit costs for a.), (b.) & (c.) are 20% of acrual costs to assure that work will be corrected to eliminate hazardous conditions.) S.F. Remove A.C. Pavement $ 0.50 $ L.F. Remove Curb and Gutter $ 4.00 $ L.F. Remove A.C. Dike $ 3.00 $ S.F. Remove Sidewalk $ 3.00 $ L.F. Sawcut & Remove Exist. A.C. Pavement $ 2.00 $ - $ - $ - $ - 7/7/2011 0 CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET PROJECT: Tract 31426 DATE: 7- Jul -11 STREET IMPROVEMENTS (Cont'd.) QTY. UNIT ITEM UNIT COST AMOUNT L.F. Remove Chain Link Fence $ 2.50 $ - EA. Remove Barricade $ 200.00 $ - 260 TON Asphalt Concrete - 144 lbs /cu. Ft. (10,900 sf assume @ 0.33') $ 45.00 $ 11,700 332 C.Y. Aggregate Base Class II 10,900 sf assume P, 0.50' $ 25.00 $ 8,300 10 TON Asphalt Emulsion (Fog Seal/Paint Binder) (1 ton = 240 gals) (10,900 sf) $ 400.00 $ 4,000 app1 at 0.05 + 0.03 = 0.08 al /SY $ - 201,124 S.F TC overlay min. 0. 1 If export, provide (a) & (b), a =fill, b =cut -fill If import, provide (a) &(C), a =cut, c =fill -cut (Unit costs for (a), (b) & (C) are 20% of actual costs to assure that work will be corrected to eliminate hazardous conditions.) $ 0.40 $ 80,450 5,500 S.F. Remove A.C. Pavement $ 0.50 $ 2,750 L.F. Curb and Gutter (Wedge Curb) $ 8.00 $ - 513 L.F. Curb and Gutter (Type A -6) $ 10.00 $ 5,133 - L.F. Curb and Gutter (Type A -8 ) $ 10.00 $ - 700 L.F. Type "D" Curb $ 15.00 $ 10,500 L.F. A.C. Dike (6" ) (incl. material & labor ) $ 5.00 $ - - L.F. A.C. Dike (8" ) (incl. Material & labor) $ 7.50 $ - - S.F. P.C.C. Cross Gutter and Spandrels $ 8.00 $ - 9,420 S.F. P.C.C. Sidewalk $ 4.00 $ 37,680 - EA. P.C.C. Drive Approach $ 640.00 $ - 3 EA. Handicapped Access Ram $ 1,000.00 $ 3,000 77 EA. P.C.C. Drive Approach (individual lot driveway approach per finished grading plan) $ 640.00 $ 49,280 S.F. Cold Plane & Overlay Exist. A.C. Paving $ 4.00 $ - 0 L.F. Gutter Depression $ 100.00 $ - `IMI/lfl w CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT • IMPROVEMENT REQUIREMENT WORKSHEET • PROJECT: Tract 31426 DATE: 7- Jul -11 STREET IMPROVEMENTS Cont'd.) QTY. UNIT ITEM UNIT COST AMOUNT - EA. Street Name Si $ 250.00 $ - EA. Delineators -per Caltrans Std. A73C, Class 1, Type F $ 40.00 $ - EA. Object Markers - Modified Type F Delineators, Riverside County $ 40.00 $ - 50 L.F. Barricades $ 28.00 $ 1,400 L.F. Utility Trench, one side (Edison, Telephone, Cable) Total length of streets) $ 10.00 $ - L.F. Chain Link Fence 6 $ 12.00 $ L.F. Remove Fence $ 4.00 $ - EA. Remove Power Pole $ 1,200.00 $ - 3 EA. Street Lights (including conduit) $ 5,000.00 $ 15,000 77 EA. Street Trees 15 gallon) $ 150.00 $ 11,550 L.S. Landscape and Irrigation $ - $ - EA. Concrete Bulkhead $ 200.00 $ C.Y. Structural Reinforced Concrete $ 400.00 $ - EA. Slope Anchors for Pipes $ 300.00 $ L.F. Cut Off Wall (Std. 2') $ 5.50 $ - EA. A.C. Overside Drain $ 500.00 $ - EA. Under Sidewalk Drain $ 1,800.00 $ - S.F. Terrace Drains and Down Drains $ 6.50 $ S.F. Interceptor Drains $ 6.50 $ - 7/7/2011 CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT • IMPROVEMENT REQUIREMENT WORKSHEET C • PROJECT: Tract 31426 DATE: 7- Jul -11 STREET IMPROVEMENTS (Cont'd.) QTY. UNIT ITEM UNIT COST AMOUNT C.Y. Rip Rap (1/4 Ton) Method B $ 35.00 $ C.Y. Rip Rap (1/2 Ton ) Method B $ 40.00 $ C.Y. Rip Rap (1 Ton) Method B $ 45.00 $ C.Y. Rip Rap 2 Ton) Method B $ 50.00 $ C.Y. Grouted Rip Rap 1/4 Ton Method B $ 45.00 $ C.Y. Grouted Rip Rap (1/2 Ton ) Method B $ 55.00 $ C.Y. Grouted Rip Rap (I Ton Method B $ 60.00 $ C.Y. Grouted Rip (2 Ton) Method B $ 65.00 $ - - L.F. 18" R.C.P. $ 60.00 $ - - L.F. 24" R.C.P. $ 65.00 $ - - L.F. 30" R.C.P. $ 70.00 $ L.F. 36" R.C.P. $ 80.00 $ L.F. 42" R.C.P. $ 95.00 $ L.F. 72" R.C.P. $ 200.00 $ L.F. 4'w x 1" H R.C.B. $ 77.00 $ L.F. 18" C.S.P. $ 50.00 $ L.F. 42" C.S.P. $ 75.00 $ L.F. 48" C.S.P. $ 85.00 $ L.F. 54" C.S.P. $ 95.00 $ - EA. H.D.P.E. Clean Out $ 400.00 $ - EA. Drain Basin $ 400.00 $ - EA. Curb Outlet $ 3,000.00 $ - 6 EA. Fossil Filters $ 500.00 $ 3,000 EA. 18" C.M.P. Wye $ 500.00 $ - EA. Riprap Headwall $ 1,000.00 $ - EA. Concrete Collar $ 250.00 $ - EA. Outlet Structure $ 10,000.00 $ - $ - 7/7/2011 r, -I L-A • CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET PROJECT: Tract 31426 DATE: 7- Jul - I 1 STREET IMPROVEMENTS Confd.) QTY. UNIT ITEM UNIT COST AMOUNT L.F. 60" C.S.P. $ 11.00 $ - 0 EA. Catch Basin W = 4' $ 1,700.00 $ - 0 EA. Catch Basin W = 7' $ 3,000.00 $ - EA. Catch Basin W = 10' $ 4,000.00 $ - 0 EA. Catch Basin W = 14' $ 5,500.00 $ - 01 EA. Catch Basin W = 21' $ 7,000.00 $ - EA. T e IX Inlet $ 1,800.00 $ - EA. Type X Inlet $ 1,800.00 $ - EA. Junction Structure No. 1 $ 3,000.00 $ - 0 EA. Junction Structure No. 2 $ 2,500.00 $ - EA. Junction Structure No. 3 $ 2,500.00 $ - EA. Transition Structure No. 1 $ 2,000.00 $ - EA. Transition Structure No. 3 $ 2,700.00 $ - 0 EA. Manhole No. 1 $ 2,700.00 $ - EA. Manhole No. 2 $ 3,300.00 $ - EA. Manhole No. 3 $ 2,000.00 $ - EA. Manhole No. 4 $ 4,000.00 $ - EA. Adjust Water Valve (if no water plan) $ 150.00 $ - EA. Adjust MH to grade (if no sewer plan) $ 340.00 $ - 0 EA. Headwall $ 5,000.00 $ - Remove & Dispose of Interferrin 30" Storm Drain L.S. and 36" Riser $ 500.00 $ - EA. Remove & Dispose of RCB Headwall & Win wall $ 10,000.00 $ L.F. and Concrete Bulkhead $ 25.00 $ - EA. Outlet Structure $ 5,000.00 $ - EA. Remove Existing Headwall $ 1,000.00 $ - $ - 7/7/2011 • • CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET PROJECT: Tract 31426 DATE: 7- Jul -11 STREET IMPROVEMENTS Cont'd.) UNIT ITEM UNIT COST AMOUNT _QTY. 0 EA. Water Quality Structure $ 2,500.00 $ - 0 EA. Ba saver 3K Separator Unit $ 5,000.00 $ - 01 EA. Rip-Rap Energy Dissi ator $ 5,000.00 $ - 0 EA. Wet Well $ 1,500.00 $ - SF 3' Wide V -Gutter 945 LF) $ 4.00 $ - A. Subtotal B. Contingency (15 %) Subtotal: $ $ 244,152 $ 36,623 C. Streets /Drainage Total (A + B) $ 280,775 7/7/2011 W CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT is IMPROVEMENT REQUIREMENT WORKSHEET C, 0 PROJECT: Tract 31426 DATE: SEWER IMPROVEMENTS Show quantities on this sheet only if project has a sewer plan. If no water niinnwice me nmrt of ctrPat imnrnVP_mPntS 7- Jul -11 QTY. UNIT ITEM UNIT COST AMOUNT - L.F. 4" V.C.P. (106 Lots @ 25' Av . Length) $ 10.00 $ L.F. 4" P.V.C. Force Main & Fittings $ 10.00 $ - - L.F. 8" V.C.P. $ 30.00 $ L.F. 10" V.C.P. $ 35.00 $ L.F. 12" V.C.P. $ 40.00 $ - L.F. 15" V.C.P. $ 50.00 $ - - EA. 48" Dia. Manhole $ 2,500.00 $ - - EA. 60" Dia. Manhole $ 3,500.00 $ . - EA. Drop Manholes $ 4,000.00 $ - EA. Cleanouts $ 500.00 $ - EA. Sewer Y's $ 25.00 $ - EA. Chimneys $ 300.00 $ - EA. Adjust M.H. to grade $ 340.00 $ L.F. Concrete Encasement $ 20.00 $ - EA. 4" P.V.C. Misc. Fittings $ 120.00 $ L.F. Sewer Pipe Sleeving $ 36.00 $ - EA. Sewer Lift Station $ - - EA. Backwater Valve $ 150.00 $ - $ - A. Subtotal B. Contingency (15% x A) C. Sewer Total (A + B) $ - ►fir -i111 • 0 • CITY OF BRAUMONT PUBLIC WORKS DEPARTMENT CONSnUCIION COST WORKSHEET PARCEIraa. MAP OR TRACT NO.: Tarot 31420 DATE 2'2 PP, CUP NO.: BY: MIKOVEMENTS F�L PftPORMANCFJ LAMM AND MATERIALS SECURITY (150% of Estimated Sewer Toted Wwraady Rol nsion (22.5 %) Q'w to 1`.CJ r yr O%D,nY4&rktT' � gV-poo Stm*Dndup Pfau Chock Fees = 3 7,01938 AMD UVED Seww Plan Chock Fees = $ 500.00 StmA Lopection Few = $ 11,231.04 E� Sewsr hupocdm Few = $ 750.00 Construction item aed their gamotlefes a< A wn on attached dom are aomm leer flee iaaprovea um roquh+ed to o(swuct the above project and the som6moat3ea[ erowAom using City's unit cow are accurate fw ddouWag bosding, plan check and isapecdon coat:. Above do E] iwAmle addition! 20% fir modshm prim to having signed place Abwoe sot LX ] 20% fDr having sigmed Plana r2A i�6e '3e t� rT� :u 2. Show Bead Amvmk ID tdw nears t 3300. Beata to be as provided on "Cloy of Boommont 3. For cooskumm dts not covued by "City of bermwat hsprovam a Wodak*ot", Design smonow is to im vide his opWm of eosskuctio n coot and use ender ooat. If City ofDoommost Usk Coo are wed to be toe low in the opinion of the Design loginew, to hi jbr casts as provided by the Design Fagioew dwuld be used. 6?W011 • • TRACT- NO. 34426 - Bond Exhibit _ In0ieotes 0.1' AC final cop Indieoles New AC Pavement Indicates New Sidewalk Indicates New Curb Note: This exhibit was prepared to illustrate the physical improvements necessary to complete this tract and is o port of the Bond Estimate doted June 22. 2011 go W001,00 �e r r� Bank of America''I BANK OF AMERICA - CONFIDENTIAL DATE: JULY 19, 2011 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 3117528 BENEFICIARY CITY BEAUMONT 550 E. 6TH STREET BEAUMONT, CA 92223 r BUG 0 82011 CITY OF BEAUMONT ISSUING BANK BANK OF AMERICA, N.A. 1000 W. TEMPLE STREET 7TH FLOOR, CA9- 705 -07 -05 LOS ANGELES, CA 90012 -1514 APPLICANT RSI DEVELOPMENT LP 620 NEWPORT CENTER DRIVE 12TH FLOOR NEWPORT BEACH, CA 92660 AMOUNT USD 842,000.00 EIGHT HUNDRED FORTY TWO THOUSAND AND 0011001S US DOLLARS EXPIRATION JULY 7, 2013 AT OUR COUNTERS RE: AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN (TRACT MAP 31426) FOR SEWER /DRAINAGE. GENTLEMEN: WE HEREBY ESTABLISH IN YOUR FAVOR OUR IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER 3117528 WHICH IS AVAILABLE WITH BANK OF AMERICA, N.A. BY PAYMENT AGAINST PRESENTATION OF YOUR DRAFTS AT SIGHT DRAWN ON BANK OF AMERICA, N.A., LOS ANGELES, CALIFORNIA ACCOMPANIED BY ONE OF THE DOCUMENT(S) DETAILED BELOW: 1) BENEFICIARY'S STATEMENT SIGNED BY THE CITY ENGINEER OF THE CITY OF BEAUMONT STATING THAT: "RSI DEVELOPMENT LP HAS NOT COMPLIED WITH AND IS IN DEFAULT WITH RESPECT TO PERFORMANCE REQUIREMENT AS SET FORTH IN THE AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN (TRACT MAP 31426) BETWEEN CITY OF BEAUMONT AND RSI DEVELOPMENT LP." OR 2) BENEFICIARY'S STATEMENT SIGNED BY THE CITY ENGINEER OF THE CITY OF BEAUMONT STATING THAT: "RSI DEVELOPMENT LP HAS NOT COMPLIED WITH AND IS IN DEFAULT WITH RESPECT TO ITS OBLIGATION TO MAINTAIN THE IMPROVEMENTS AS SET FORTH IN THE AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN (TRACT MAP 31426) WITH RESPECT TO THE ONE ORIGINAL 05- 17 -1486B 05 -2010 C- Bank of America '10' BANK OF AMERICA - CONFIDENTIAL PAGE: 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 3117528 YEAR GUARANTEE AND WARRANTY PERIOD." THE MAXIMUM AMOUNT AVAILABLE UNDER ITEM #2 ABOVE, COVERING THE IMPROVEMENTS AS SET FORTH IN THE AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN (TRACT MAP 31426) IS $94,762.00, AND SAID DEMAND MAY NOT EXCEED THE AMOUNT AVAILABLE UNDER THIS LETTER OF CREDIT. THIS LETTER OF CREDIT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR A PERIOD OF ONE (1) YEAR FROM THE PRESENT, UNLESS AT LEAST 60 (SIXTY) DAYS PRIOR TO(EXPIRATION DATE), WE NOTIFY YOU BY REGISTERED MAIL OR OVERNIGHT COURIER SERVICE AT THE ABOVE ADDRESS, THAT WE ELECT NOT TO EXTEND THIS LETTER OF CREDIT WITH COPY TO THE CITY ATTORNEY; HOWEVER, FAILURE TO PROVIDE COPY OF SUCH NOTICE TO THE NAMED PARTY DOES NOT INVALIDATE OUR NOTICE OF NON EXTENSION TO THE BENEFICIARY. WE HEREBY AGREE WITH YOU THAT DOCUMENTS PRESENTED IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION TO US AT BANK OF AMERICA, N.A., TRADE OPERATIONS CENTER, 1000 W. TEMPLE STREET, 7TH FLOOR, CA9- 705- 07 -05, LOS ANGELES, CA 90012 -1514, ATTN: STANDBY LETTERS OF CREDIT DEPARTMENT ON OR BEFORE THE EXPIRY DATE AS SPECIFIED HEREIN. THIS LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICE (ISP98), ICC PUBLICATION NO. 590. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION, PLEASE CALL 1- 800 -541 -6096 OPT 1. AUTHORIZED SIGNATURE THIS DOCUMENT CONSISTS OF 2 PAGE(S). ANNIE H. MATIAS ORIGINAL 05- 17 -1486B 05 -2010 STAFF REPORT Agenda Item :3 - 0 TO: Mayor and Council Members FROM: City Manager DATE: December 6, 2011 SUBJECT: Exoneration and acceptance of improvements for Bond No. 8827510 for Tract No. 32260 Street, Sewer & Storm Drain Improvement — K Hovnanian 4 Seasons — Located at the Western side of Highland Springs Avenue. Background and Analysis: Staff has reviewed the request to release and exonerate the above referenced bonds and found it to be consistent with the Subdivision Agreement. Recommendation: Staff recommends AUTHORIZATION of the City Manager to release and exonerate the bonds as requested and acceptance of the public improvements for maintenance. Respectfu submitted: CITY AU NT Ian C. Kapanicas City Manager Date: 08 -24 -11 C i ty of Beaumont 550 E. 6'h Street Beaumont, CA 92223 Phone: (951) 769 -8520 - Fax: (951) 769 -8526 PUBLIC WORKS DEPARTMENT REQUEST FOR MAINTENANCE BOND EXONERATION To: Public Works Inspector Planning Director Building & Safety Surveyor Community Service From: Corrie Pettit, Customer Service Coordinator RE: K Hovnanian Four Seasons Tract 32260 Street Sewer & Storm Drain Bond # 8827510 Name: Darren Bolton Address: 1500 S Haven Suite 100, Ontario, CA 91761 Phone #: 909 - 937 -3270 The applicant has requested exoneration of improvement or maintenance bonds for the above referenced project. Please sign below when the applicant has completed all requirements as set forth in the conditions of approval for the project and return to me for processing. If there are any items which must be addressed prior to the release of the bonds, please contact the applicant to advise him or her of your department's requirements as soon as possible. Thank you very much. Corrie Pettit Customer Service Coordinator 951- 769 -8520 Ext. 351 I have reviewed the above referenced project conditions of approval and have no objection to the request for bond exoneration. 1VZ1111G � "" C i ty of Beaumont 550 E. 6`h Street Beaumont, CA 92223 Phone: (951) 769 -8520 - Fax: (951) 769 -8526 PUBLIC WORKS DEPARTMENT REQUEST FOR MAINTENANCE BOND EXONERATION Date: August 22, 2011 To: Public Works Inspector Planning Director Building and Safety Director Surveyor Community Service From: Corrie Pettit, Customer Service Coordinator RE: K Hovnanian Homes Four Seasons, Tract 32260 Street, Sewer & Storm Drain Name: Darren Bolton Address: 1500 S. Haven Suite 100, Ontario, CA 91761 Phone #: 909 - 937 -3270 The applicant has requested exoneration of improvement or maintenance bonds for the above referenced project. Please sign below when the applicant has completed all requirements as set forth in the conditions of approval for the project and return to me for processing. If there are any items which must be addressed prior to the release of the bonds, please contact the applicant to advise him or her of your department's requirements as soon as possible. Thank you very much. Corrie Pettit Customer Service Coordinator 951- 769 -8520 Ext. 351 I have reviewed the above referenced project conditions of approval and have no objection to the request for bond exoneration. Name ASSGCW-�, P1.0 Title /1/2 Dat C i ty of Beaumont 550 E. 6`h Street Beaumont, CA 92223 Phone: (951) 769 -8520 • Fax: (951) 769 -8526 PUBLIC WORKS DEPARTMENT REQUEST FOR MAINTENANCE BOND EXONERATION Date: August 22, 2011 To: Public Works Inspector Planning Director Building and Safety Director Surveyor Community Service From: Corrie Pettit, Customer Service Coordinator RE: K Hovnanian Homes, Four Seasons, Tract 32260 Street, Sewer & Storm Drain Name: Darren Bolton Address: 1500 S. Haven Suite 100, Ontario, CA 91761 Phone #: 909 - 937 -3270 The applicant has requested exoneration of improvement or maintenance bonds for the above referenced project. Please sign below when the applicant has completed all requirements as set forth in the conditions of approval for the project and return to me for processing. If there are any items which must be addressed prior to the release of the bonds, please contact the applicant to advise him or her of your department's requirements as soon as possible. Thank you very much. Corrie Pettit Customer Service Coordinator 951- 769 -8520 Ext. 351 I have reviewed the above referenced project conditions of approval and have no objection to the request for bond exoneration. N ie / \ Title Date • Date: 08 -24 -11 City o Beaumont 550 E. 6`h Street Beaumont, CA 92223 Phone: (951) 769 -8520 • Fax: (951) 769 -8526 PUBLIC WORKS DEPARTMENT REQUEST FOR MAINTENANCE BOND EXONERATION To: Public Works Inspector Planning Director Building & Safety Surveyor Community Service From: Corrie Pettit, Customer Service Coordinator RE: K Hovnanian Four Seasons Tract 32260 Street Improvement Name: Darren Bolton • Address: 1500 S. Haven, Suite 100, Ontario, CA 91761 Phone #: 909 - 937 -3270 • The applicant has requested exoneration of improvement or maintenance bonds for the above referenced project. Please sign below when the applicant has completed all requirements as set forth in the conditions of approval for the project and return to me for processing. If there are any items which must be addressed prior to the release of the bonds, please contact the applicant to advise him or her of your department's requirements as soon as possible. Thank you very much. Corrie Pettit Customer Service Coordinator 951- 769 -8520 Ext. 351 I have reviewed the above referenced project conditions of approval and have no objection to the request for bond exoneration. Date: 08 -24 -11 City o Beaumont 550 E. 6h Street Beaumont, CA 92223 Phone: (951) 769 -8520 - Fax: (951) 769 -8526 PUBLIC WORKS DEPARTMENT REQUEST FOR MAINTENANCE BOND EXONERATION To: Public Works Inspector Planning Director Building & Safety Surveyor Community Service From: Corrie Pettit, Customer Service Coordinator RE: K Hovnanian, Four Seasons Tract 32260 Sewer & Storm Drain Name: Darren Bolton • Address: 1500 S. Haven, Suite 100, Ontario, CA 91761 Phone #: 909 - 937 -3270 The applicant has requested exoneration of improvement or maintenance bonds for the above referenced project. Please sign below when the applicant has completed all requirements as set forth in the conditions of approval for the project and return to me for processing. If there are any items which must be addressed prior to the release of the bonds, please contact the applicant to advise him or her of your department's requirements as soon as possible. Thank you very much. Corrie Pettit Customer Service Coordinator 951- 769 -8520 Ext. 351 I have reviewed the above referenced project conditions of approval and have no objection to the request for bond exoneration. )A-A eLoarint-n} (Aq Su yve r `fit e 44itle Date FIDELITY AND DEPOSIT COMPANY OF MARYLAND • MAINTENANCE BOND Bond No. 8827510 KNOW ALL MEN BY THESE PRESENTS, That We, K. Hovnanian Communities, Inc. as Principal, and Fidelity and Deposit Company of Maryland having an at 3910 Keswick Rd., Baltimore, MD 21211 as Surety, are held and firmly bound unto City of Beaumont as Obligee, in the penal sum of Nine Hundred Forty Five Thousand Three Hundred Fifty Four and 001100 ($945,354.00) Dollars lawful money of the United States of America the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. SIGNED, SEALED AND DATED this 5th day of March, 2010. WHEREAS the Principal has completed Street, Sewer, Storm Drain, Tract No. 32260 and whereas, the Obligee requires a maintenance guarantee for the period of one year(s) from the date of this bond. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal at his own cost and expense replaces or repairs any of the above described works, which shall become defective because of either material or workmanship not meeting requirements of the specifications under which the work was done during the period of one year(s) from the date of this bond, then this obligation • shall be null and void, otherwise to remain in full force and effect. Witness / Witness • K. Hovnanian Communities, Inc. By: Principal v. i?. tQ',d Fidelity and Deposit Comganv of Marviand Surety By: Christine Marotta, Att ey -in -Fact C. • ,J ACKNOWLEDGMENT OF SURETY STATE OF ILLINOIS COUNTY OF COOK On ow o `5 2010 , before me, a Notary Public in and for the above county, personally appeared Christine Marotta to me personally known, who, being by me duly sworn, did state that he /she is Attorney -in -Fact of Fidelity and Deposit Company of Maryland, a corporation organized and existing under the laws of the State of Maryland that the seal affixed to the foregoing instrument is the corporate seal of the said corporation, that the instrument was signed, sealed, and executed in behalf of said corporation by authority of its Board of Directors, and further acknowledged the said instrument and the execution thereof to be the voluntary act and deed of said corporation by her voluntarily executed. IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and year first above written. ,M�n CNOTAOFFICIAL SEAL RY ICOLE KUBENA PUBLI C STATE OF ILLINOIS mmss on Exp res 0;15/20' 2 Y!'JW V VVVVV VVV`NVV VVVV'.'VVVVWVWV (SEAL) -kid allo xu Notary Public COOK County, ILLINOIS El • • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint Christine MAROTTA and Debra KOHLMAN Ili ACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and i s ° d as its act and deed: any and all bonds and undertakings, and the exec p so suance of these presents, shall be as binding upon said Company, as fu a in e s if they had been duly executed and acknowledged by the regularl e t ice in Baltimore, Md., in their own proper persons. This power of atto th e me MAROTTA, Mark G. RUSTEMEYER, Craig B. BROWN, Debra KOHLMAN, c to The said Assistant ° s eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 20th day of November, A.D. 2007. ATTEST: ',gyp 9fPps�f �O P State of Maryland 1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: Theodore G. Martinez On this 20th day of November, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant. - Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individ cats and officers described in and who executed the preceding instrument, and they each acknowledged the execution ef the sari; , -- and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers 9- te�ompany aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and--dhat. the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by-the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. POA -F 036 -0009 , %S N4 Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 III State of California ) CALIFORNIA ALL - PURPOSE Countyof�� �m ) CERTIFICATE OF ACKNOWLEDGMENT On V\ox�n iLn , before me, ��OC11C'SJ�SZ.�!�� ; . VkOV3i 4 (here insert name and tit of the officer) personally appearedL�'CtLS1C'1 who proved to me on the basis of satisfactory evidence to be the person(,9'j whose name( is /arc.subscribed to the within instrument and acknowledged to me that he /slail executed the same in his /heWt4eir IS 3 authorized capacity(ij?s), and that by his /hetYtheirsignature;4 on the instrument the person, or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. IIAONICNTELLEZ Caw. 01801103 Notary Public - .Callfomia WITNESS my hand and official seal. San 86rnai<dino County Cantu, Jun. 10 2012 Signature (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and r tachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attac d document. Description of Attached Document All The preceding Certificate of Acknowledgment is attached to a document Method of gner Identification XO me on the basis of satisfactory evidence: titled /for the purpose of (s) of identification 0 credible witness(es) Notarial event is detailed in notaryjournal on: containing pages, and dated Page # Entry # The signer(s) capacity or authority is /are as: Notary contact: ❑ Individual(s) Other ❑ Attorney In Fact ❑ Additional Signer(s) ❑ Signer(s) Thumbprint(s) ❑ Corporate Officer(s) Title(s) ❑ ❑ Guardian /Conservator ❑ Partner - Limited /General ❑ Trustee(s) ❑ Other: represen ' g: Name(s) of Person(s) or Entity(ies) Signer is Representing © Copyright 2007 Notary Rotary, Inc. 925 29th St., Des Moines, 1 A 50312 -3612 Form ACK03. 10/07. To re- order, call toll -free 1- 877- 349 -6588 or visit us on the Internet at http: / /www.notaryrotary.com STAFF REPORT Agenda Item 3 TO: Mayor and Council Members FROM: City Manager DATE: December 6, 2011 SUBJECT: Exoneration and acceptance of improvements for Bond No. 929350853 -M for Tract 32260 -1 Sales Facility — Street, Sewer & Storm Drain — K Hovnanian — 4 Seasons — Located at the Western side of Highland Springs Avenue. Background and Analysis: Staff has reviewed the request to release and exonerate the above referenced bonds and found it to be consistent with the Subdivision Agreement. Recommendation: Staff recommends AUTHORIZATION of the City Manager to release and exonerate the bonds as requested and acceptance of the public improvements for maintenance. CITY Alan C..tKapa City Manager Date: 08 -24 -11 City of Beaumont 550 E. 6`h Street Beaumont, CA 92223 Phone: (951) 769 -8520 • Fax: (951) 769 -8526 PUBLIC WORKS DEPARTMENT REQUEST FOR MAINTENANCE BOND EXONERATION To: Public Works Inspector Planning Director Building & Safety Surveyor Community Service From: Corrie Pettit, Customer Service Coordinator RE: K Hovnanian, Four Seasons Tract 32260 -1 Improvement Area Bond# 929350853 -M Name: Darren Bolton Address: 1500 S. Haven, Suite 100, Ontario, CA 91761 Phone #: 909 - 937 -3270 The applicant has requested exoneration of improvement or maintenance bonds for the above referenced project. Please sign below when the applicant has completed all requirements as set forth in the conditions of approval for the project and return to me for processing. If there are any items which must be addressed prior to the release of the bonds, please contact the applicant to advise him or her of your department's requirements as soon as possible. Thank you very much. Corrie Pettit Customer Service Coordinator 951- 769 -8520 Ext. 351 I have reviewed the above referenced project conditions of approval and have no objection to the request for bond exoneration. Date: 07 -26 -11 City of Beaumont 550 E. 6t' Street Beaumont, CA 92223 Phone: (951) 769 -8520 - Fax: (951) 769 -8526 PUBLIC WORKS DEPARTMENT REQUEST FOR MAINTENANCE BOND EXONERATION To: Public Works Inspector Planning Director Building & Safety Surveyor Community Service From: Corrie Pettit, Customer Service Coordinator RE: K Hovnanian, Four Seasons Tract 32260 -1 Improvement Area Name: Darren Bolton Address: 1500 S. Haven, Suite 100, Ontario, CA 91761 Phone #: 909 - 937 -3270 The applicant has requested exoneration of improvement or maintenance bonds for the above referenced project. Please sign below when the applicant has completed all requirements as set forth in the conditions of approval for the project and return to me for processing. If there are any items which must be addressed prior to the release of the bonds, please contact the applicant to advise him or her of your department's requirements as soon as possible. Thank you very much. Corrie Pettit Customer Service Coordinator 951- 769 -8520 Ext. 351 I have reviewed the above referenced project conditions of approval and have no objection to the request for bond exoneration. Name A5sci c cot c —P P1 4-e� It le Title Date: 07 -26 -11 C i ty of Beaumont 550 E. 6`h Street Beaumont, CA 92223 Phone: (951) 769 -8520 • Fax: (951) 769 -8526 PUBLIC WORKS DEPARTMENT REQUEST FOR MAINTENANCE BOND EXONERATION To: Public Works Inspector Planning Director Building & Safety Surveyor Community Service From: Corrie Pettit, Customer Service Coordinator RE: K Hovnanian, Four Seasons Tract 32260 -1 Improvement Area Name: Darren Bolton Address: 1500_S. Haven, Suite 100, Ontario, CA 91761 Phone #: 909 - 937 -3270 The applicant has requested exoneration of improvement or maintenance bonds for the above referenced project. Please sign below when the applicant has completed all requirements as set forth in the conditions of approval for the project and return to me for processing. If there are any items which must be addressed prior to the release of the bonds, please contact the applicant to advise him or her of your department's requirements as soon as possible. Thank you very much. Corrie Pettit Customer Service Coordinator 951- 769 -8520 Ext. 351 I have reviewed the above referenced project conditions of approval and have no objection to the requeA for bond exoneration. .3 D 7 7 -/ Title Date • Date: 08 -24 -11 City of Beaumont 550 E. 6'h Street Beaumont, CA 92223 Phone: (951) 769 -8520 • Fax: (951) 769 -8526 PUBLIC WORKS DEPARTMENT REQUEST FOR MAINTENANCE BOND EXONERATION To: Public Works Inspector Planning Director Building & Safety Surveyor Community Service From: Corrie Pettit, Customer Service Coordinator RE: K Hovnanian, Four Seasons Tract 32260 -1 Improvement Area Name: Darren Bolton • Address: 1500 S. Haven, Suite 100, Ontario, CA 91761 Phone #: 909 - 937 -3270 The applicant has requested exoneration of improvement or maintenance bonds for the above referenced project. Please sign below when the applicant has completed all requirements as set forth in the conditions of approval for the project and return to me for processing. If there are any items which must be addressed prior to the release of the bonds, please contact the applicant to advise him or her of your department's requirements as soon as possible. Thank you very much. Corrie Pettit Customer Service Coordinator 951- 769 -8520 Ext. .351 I have reviewed the above referenced project conditions of approval and have no objection to the request for bond exoneration. J 4/4 on C, A fve tr 'a 2517t. i t • Title Date MAINTENANCE BOND -40 BOND NO. 929350853-M PREMIUM $Included in cost of performance bond. KNOW ALL MEN BY THESE PRESENTS: That, K Hovnanian Four Seasons at Beaumont, LLC, as Principal and The Continental Insurance Company, a corporation organized and existing under the laws of the State of Pennsylvania and authorized to transact business in the State of California (hereinafter called "Surety "), as Surety, are held and firmly bound unto City of Beaumont, as Obligee, hereinafter called Obligee, in the amount of Five Hundred Fifty -Two Thousand Seven Hundred Thirteen Dollars ($552,713.00), for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. Whereas, the above bounden Principal has entered into a certain written contract with the above named Obligee, providing for construction of certain subdivision improvements in Tract 32260 -1 in the City of Beaumont, State of California; and WHEREAS, said work has been or will be completed by Principal. NOW, THEREFORE, if said Principal shall promptly replace and repair any work proven to be defective because of faulty workmanship and/or material within a period of one (1) year from date of acceptance of the work by the Obligee, then this obligation to be void, Otherwise to remain in full force and effect. Signed, Sealed and Dated this 10th day of March 2009. K. Hovnanian Four Seasons at Beaumont, LLC (Principal) (Seal) By: a Continental Insurance Comnan (Sean Janina Monroe, Attoiney- in -M* =�\ POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania corporation, is a duly organized and existing corporation having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Janina Monroe, Tom Mc Call, Paul Boucher, Individually 10 of Los Angeles, CA, its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the corporation. In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 2nd day of July, 2008. The Continental Insurance Company Thomas P. Stillman Senior Vice President State of Illinois, County of Cook, ss: On this 2nd day of July, 2008, before me personally came Thomas P. Stillman to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of The Continental Insurance Company, a Pennsylvania corporation, described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. OFFICIAL SEAL ELIZA PRICE NOTARY PUBLIC, STATE OF ILLINOIS MY G'OMMISSION EXPIRES: 09117/09 My Commission Expires September 17, 2009 E rza rice 40 Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of The Continental Insurance Company, a Pennsylvania corporation, do hereby certify that the Power of Attomey herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the corporation printed on the reverse hereof is still in force. In testimon whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of VAR _ 1 Q 2609 • Form F6850- 1/2007 The Continental Insurance Company — '_� 0- coe�t ��_ Mary A. R ikaiokis Assistant Secretary „;. --- ALL-PURPOSE CALIFORNIA r7;'✓ -J' ari-y ems” eTi�.flS". .arr- rrt'�"t�'�C�.,�_ �"���'�S er s%" ys�r,� • J �Y.(�-r7- �' eY°rY �-- �- .• STATE OF CALIFORNIA e County of Orange 40 0 On �-- before me, Michelle Haase Nota Public Wt Here Insert ame and Title of the Officer personally appeared Janina Monroe Names) of Signer(s) 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-be /she /UW executed the same in +is/her /tW_4 authorized capacity(ies�, MICHELLE HAASE and that by-I;1s /her /t4GinF signatures} on the instrument the persono) -, or the entity upon behalf of which the person(s)- Commission tit 1810438 Notary Public - California acted, executed the instrument. Orange County I certify under PENALTY OF PERJURY under the laws of My Comm. Ex Ire: Aug 22, 2012 the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above Signature o otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313 -2402 - www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 -876 -6827 State of California ) CALIFORNIA ALL - PURPOSE County of '= ?MMC &na ) CERTIFICATE OF ACKNOWLEDGMENT On 3 \3 ' C before me, (here insert name and title of the officer) personally appeared Qfl _?�:Inymn who proved to me on the basis of satisfactory evidence to be the person( whose names) is /are subscribed to the within instrument and acknowledged to me that he /s4@Athty executed the same in his /hef4t- reir authorized capacity(), and that by his /h nYtheir signatureA) on the instrument the personw, or the entity upon behalf of which the person(#) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL INFORMATION MONICA TELLEZ COMM. #1801103 Z d► Notary Public - California San Bernardino County s�axa Comm. Ex Tres Jun. 10, 2012+ Nlpl MIMMIINNNNN (Seal) Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled /for the purpose of containing pages, and dated The signer(s) capacity or authority is /are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) Title(s) ❑ Guardian /Conservator ❑ Partner - Limited /General ❑ Trustee(s) ❑ Other: representing: Name(s) of Person(s) or Entity(ies) Signer is Representing Identification Proved to me on the basis of satisfactory evidence: Lo form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other ❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s) El © Copyright 2007 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312 -3612 Form ACK03. 10/07. To re- order, call toll -free 1- 877- 349 -6588 or visit us on the Internet at http: / /www.notaryrotary. com RESOLUTION OF THE BOARD OF DIRECTORS OF K. HOVNANIAN COMPANIES OF CALIFORNIA, INC. a California corporation ELECTION OF OFFICERS The Board of Directors of K. HOVNANIAN COMPANIES OF CALIFORNIA, INC., a California corporation (the "Corporation ") acting in accordance with the law and the Bylaws of the Corporation hereby adopts the following resolution, dated as of November 3, 2008: RECITALS WHEREAS, the Corporation finds it in the best interest of the Corporation to establish a signatory authority method for its officers, directors and operational managers; and WHEREAS, for that purpose, the Corporation composed the following nine (9) lists : (a) a list of directors and officers (the "DOs ") of the Corporation as specified on Exhibit "A" (the "DOs List "); is (b) a list of authorities bestowed to each of the respective DOs categorized by their respective title, as specified on Exhibit "A -1 "; (c) a list of operational managers at the Region level of the Corporation (the "Region OMs ") as specified on Exhibit "B" (the "Region OMs List "); (d) a list of authorities bestowed to each of the Region OMs categorized by their respective title, as specified on Exhibit "B -1"; and (e) a list of operational managers at the North Division of the Corporation (the "North OMs ") as specified on Exhibit "C" (the "North OMs List "); (f) a list of authorities bestowed to each of the North OMs categorized by their respective title, as specified on Exhibit "C-1"; and (g) a list of operational managers at the South Division of the Corporation (the "South OMs ") as specified on Exhibit "D" (the "South OMs List "); (h) a list of authorities bestowed to each of the South OMs categorized by their respective title, as specified on Exhibit "D -1 "; and (i) a list of Expenditure Approval Limits (the "BAL List "). The EAL List shall be applicable to each of the Region OMs, the North OMs and the South OMs within each of the D00068120 -1- authorities bestowed to them and within each of the communities assigned to them; WHEREAS, the Corporation desires to name the individuals enumerated on Exhibit "A -1" the "DOs ", which list may be changed or amended at any time by a resolution of the Board; WHEREAS, the Corporation desires to name the individuals enumerated on Exhibit "B -1" the , "Region OMs ", which list may be changed or amended at any time by a resolution of the Board; WHEREAS, the Corporation desires to name the individuals enumerated on Exhibit "C -1" the "North OMs ", which list may be changed or amended at any time by a resolution of the Board; WHEREAS, the Corporation desires to name the individuals enumerated on Exhibit "D -1" the "South OMs ", which list may be changed or amended at any time by a resolution of the Board; and WHEREAS, The Board of Directors of the Corporation has considered nominations for the offices and positions as set forth in above, and desires to appoint and /or ratify prior appointments of the persons named therein to the positions shown thereon. MATTERS OF RESOLUTION THEREFORE, BE IT RESOLVED, that the Corporation hereby supersedes all prior appointments of officers, directors and operational managers, which prior appointments as of the above date shall be of no further force or effect, and hereby establishes the following slate of officers and managers effective as of the date of this Resolution: 1. The individuals listed on Exhibit "A -1" shall be the DOs of the Corporation. 2. The authorities enumerated on Exhibit "A -1" shall be bestowed to each of the DOs listed on Exhibit "A" in accordance with their respective title. 3. The individuals listed on Exhibit `B -1" shall be the Region OMs. 4. The authorities enumerated on Exhibit `B -1" shall be bestowed to each of the Region OMs listed on Exhibit `B" in accordance with their respective title. 5. The individuals listed on Exhibit "C -1" shall be the North OMs. 6. The authorities enumerated on Exhibit "C -1" shall be bestowed to each of the North OMs listed on Exhibit "C" in accordance with their respective title. 7. The individuals listed on Exhibit "C -1" shall be the South OMs. . 8. The authorities enumerated on Exhibit "C -1" shall be bestowed to each of the South OMs listed on Exhibit "C" in accordance with their respective title. DOC #36MA -2- • • BE IT FURTHER RESOLVED that the Board of Directors adopts the EAL List. Each of the respective DO, Region OMs, North OMs and South OMs shall have their respective authorities and to the extent applicable, within their communities, to the extent of the limits specified on the EAL List. The EAL List may be changed or amended by a resolution of the Board of Directors BE IT FURTHER RESOLVED, that acts taken by any of the foregoing persons prior to the date of this Resolution in the official capacity as set forth above, if any, are hereby ratified and approved, and shall obligate the Corporation thereby. Dated: November 3, 2008 (A Peter S. Reinhart, Secretary DOC #368120 -3- • • • CERTIFICATE OF SECRETARY The undersigned, Peter S. Reinhart, being the duly elected and acting Secretary of K. Hovnanian Companies Of California, Inc., a California corporation, hereby certifies that the foregoing resolution was duly adopted by the Board of Directors on the 3rd day of November, 2008. In witness whereof, I have hereunto subscribed my name this 3rd day of November, 2008. DOC #36MA -4- Peter S. Reinhart Secretary • • (Doc #36816v1) Exhibit D- The South OMs Name Title Jim Perry Division President Wally Miller Area President Area Vice President Ruth Stickley Director of Purchasing Angela Wilson V.P. of Land Planning Director of Land Planning Darren Bolton VP of Land Development Director of Land Development Ron Geier Senior Community Manager Steve Chaparro Senior Community Manager John Norum Community Manager Senior Community Construction Manager Community Construction Manager Production Manager Kari Roland Director of Marketing Sales and Closing Manager Director of Homeowners Service Mike Rothnie Homeowner Service Manager Brent Maxwell Homeowner Service Manager • (Doc #36816v1) South Division a� m m `m c c m U K. Hovnanian Companies of California, Inc.': E a, 2 o, m Corporate Resolution Authority c �_ o c as c o c � Effective: 11 1312008 m c Q: a'� 2 `5 o U C: ca g 3 a) aa) -p _ aa) N m o) E C a a C °' s> . N"'. O v C y 'E 7 O1 c a3 2 7 c O m c a1 Y rn o E Q c CL a c _m a - ,a E E y E E U a1 O Uy O = N o u v v U E , o U E g o c o c 3 O 0- i STAFF REPORT Agenda Item TO: Mayor and Council Members FROM: City Manager DATE: December 6, 2011 SUBJECT: Exoneration and acceptance of improvements for Bond No. 8887117 for Tract 30748 -4 Street Improvement — Pardee Homes - Tournament Hills — Located off of Desert Lawn Drive and Champion Lane. Background and Analysis: Staff has reviewed the request to release and exonerate the above referenced bonds and found it to be consistent with the Subdivision Agreement. Recommendation: Staff recommends AUTHORIZATION of the City Manager to release and exonerate the bonds as requested and acceptance of the public improvements for maintenance. CIT) tted: Date: 07 -21 -11 C ity o Beaumont 550 E. 6`h Street Beaumont, CA 92223 Phone: (951) 769 -8520 - Fax: (951) 769 -8526 PUBLIC WORKS DEPARTMENT REQUEST FOR MAINTENANCE BOND EXONERATION To: Public Works Inspector Planning Director Building & Safety Surveyor Community Service From: Corrie Pettit, Customer Service Coordinator -r," 1%115 RE: Pardee Homes, Swdaffee Tract 30748 -4 Improvements Name: Thuc Miyashiro Address: 10880 Wilshire Boulevard, Suite 1900, Los Angeles, CA 90024 Phone #: 310 - 475 -3525 The applicant has requested exoneration of improvement or maintenance bonds for the above referenced project. Please sign below when the applicant has completed all requirements as set forth in the conditions of approval for the project and return to me for processing. If there are any items which must be addressed prior to the release of the bonds, please contact the applicant to advise him or her of your department's requirements as soon as possible. Thank you very much. Corrie Pettit Customer Service Coordinator 951- 769 -8520 Ext. 351 I have reviewed the above referenced project conditions of approval and have no objection to the request for bond exoneration. Name Title Date C i ty of Beaumont 550 E. 6`h Street Beaumont, CA 92223 Phone: (951) 769 -8520 - Fax: (951) 769 -8526 PUBLIC WORKS DEPARTMENT REQUEST FOR MAINTENANCE BOND EXONERATION Date: 04/07/2011 2nd Request To: Public Works Inspector Planning Director From: Karee Trinidad, Customer Service Coordinator Tow+ *%c"- -f- R l (S q RE: Pardee Homes, $.Tract 30748 -4 Name: Thuc Miyashiro Address: 10880 Wilshire Boulevard, Suite 1900, Los Angeles, CA 90024 Phone #: 310- 475 -3525 The applicant has requested exoneration of improvement or maintenance bonds for the above referenced project. Please sign below when the applicant has completed all requirements as set forth in the conditions of approval for the project and return to me for processing. If there are any items which must be addressed prior to the release of the bonds, please contact the applicant to advise him or her of your department's requirements as soon as possible. Thank you very much. Corrie Pettit Customer Service Coordinator 951- 769 -8520 Ext. 351 I have reviewed the above referenced project conditions of approval and have no objection to the request for bond exoneration. Name Title F?QVtAA(- l r J29 / J 1 Date Date: 09/30/2010 City of Beaumont 550 E. 6`h Street Beaumont, CA 92223 Phone: (951) 769 -8520 • Fax: (951) 769 -8526 PUBLIC WORKS DEPARTMENT REQUEST FOR MAINTENANCE BOND EXONERATION To: Public Works Inspector Planning Director Building and Safety Director Surveyor Community Service — N/A From: Karee Trinidad, Customer Service Coordinator RE: Pardee Homes, Suft4anee Tract 30748 -4 Name: Thuc Miyashiro Address: 10880 Wilshire Boulevard, Suite 1900, Los Angeles, CA 90024 Phone #: 310 - 475 -3525 The applicant has requested exoneration of improvement or maintenance bonds for the above referenced project. Please sign below when the applicant has completed all requirements as set forth in the conditions of approval for the project and return to me for processing. If there are any items which must be addressed prior to the release of the bonds, please contact the applicant to advise him or her of your department's requirements as soon as possible. Thank you very much. Karee Trinidad Customer Service Coordinator 951- 769 -8520 Ext. 338 I have reviewed the above referenced project conditions of approval and have no objection to the request for bond exoneration. Nam Title Date Date: 07 -21 -11 C b 550 F. 6"' S1t'ed Beaumont, CA 92223 Phone: (951 ) 769.8520 - Fax: (951) 769- -8526 PUBLIC WORKS DEPARTMENT REQUEST FOR MAINTENANCE BOND EXONERATION To: Public Works Inspector Planning Director Building & Safety Surveyor Community Service From: Corrie Pettit, Customer Service Coordinator Tcviwnm0W ,V,115 RE: Pardee Homes, &emcee Tract 30748 -4 Improvements Name: Thuc Miyashiro Address: 10880 Wilshire Boulevard, Suite 1900 Los Angeles CA 90024 Phone #: 310 -475 -3525 The applicant has requested exoneration of improvement or maintenance bonds for the above referenced project. Please sign below when the applicant has completed all requirements as set forth in the conditions of approval for the project and return to me for processing. If there are any items which must be addressed prior to the release of the bonds, please contact the applicant to advise him or her of your department's requirements as soon as possible. Thank you very much. Corrie Pettit Customer Service Coordinator 951- 769 -8520 Ext. 351 I have reviewed the above referenced project conditions of approval and have no objection to the request for bond exoneration. Z2TL4LV Date f Tournament Hills, Tract 30748 -4 Improvements - Maintenance Pardee Job #159204 Bond No: 8887117 Premium: $1,669 • Fidelity and Deposit Company of Maryland 999 Third Avenue, Suite 800, Seattle, WA 98104 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we PARDEE HOMES, as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, authorized to do business in the State of California, as Surety, are held and firmly bound unto CITY OF BEAUMONT, as Obligee, in the sum of: THREE HUNDRED SEVENTEEN THOUSAND EIGHT HUNDRED EIGHTY SIX AND 99/100's DOLLARS ($317,886.99), lawful money of the United Sates of America, for which payment well and truly to be made we bind ourselves, our heirs, executors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the above bounden Principal shall in all things stand to and abide by, and well and truly keep and perform, all covenants, conditions and agreements contained in an Agreement with the said Obligee as is more specifically set forth in said Agreement, to which reference is hereby made and more fully described below: Tournament Hills, Tract 30748 -4 Improvements - Maintenance IT IS FURTHER UNDERSTOOD AND AGREED that the period of this bond shall be from to . The Surety's liability is limited to claims made during the term of the bond and shall not exceed in the aggregate the penal sum of the bond specified herein. This bond will not respond to any liability which arises from design, maintenance or efficiency guarantees. SIGNED, SEALED, AND DATED THIS 13th day of August, 2009. P By: Arvin, Sr. Vice President FIDELI D DEPOSIT COMPANY OF MARYLAND • By: Ran'.-0. A ya, ttorney -in -Fact • 0 40 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GERALD F. HALEY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint Barbara BAIL, Tandie JARVIS, Marc D. STU ¢ , all of Los Angeles, California, EACH its true and lawful agent and Attomey -in- to or, and on its behalf as surety, and as its act and deed: any and all bon o gs not to exceed the sum of ONE MILLION DOLLARS ($1,000,0 on u� 8 ertakings in pursuance of these presents, shall be as binding upon said C l lu and offi ce and purposes, as if they had been duly executed and acknowledged by t e t of e y at its in Baltimore, Md., in their own proper persons. This power of atto es of Barbara BAIL, Tandie JARVIS, Marc D. STUART, dated July 23, 2004. '__3 () The said Assistant 9Crry does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of April, A.D. 2006. ATTEST: 'gyp DfPps�i State of Maryland 1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND J Gerald F. Haley Assistant Secretary By: Theodore G. Martinez On this 17th day of April, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. POA -F 180 -0012 0 Qua \s R• N4} Arr Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 STATE OF CALIFORNIA } } SS COUNTY OF LOS ANGELES } On 8 / 13 / 2 0 0 9 before me, Jose A. Tobar, Notary Public personally appeared John Arvin and Rana V. Amaya, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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) �Wh L9r*4--4 JOE �. Tour Caroe� w n # i 668321 N0kW PWMC - CaWanya Un Angma Cou* -1MVCWM80UAWJ8,201 Agenda Item No._�-� STAFF REPORT To: Honorable Mayor and Council Members From: Community and Economic Development Department Date: December 6, 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) 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 RECOMMENDATION: • Staff recommends that the City Council review the proposed changes and APPROVE Ordinance 1007 at its first 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 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 F/AFWV' STAFF REPORT Ord. 1007 PAGE 2 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. RECOMMENDATION. Staff recommends that the City Council: 1. Hold a Public Hearing 2. Review the proposed changes 3. APPROVE Ordinance 1007 at its first 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 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 I RR I RSF ' RMF CG CC M Administrative Professional Services Administrative /Professional Offices N N N N N P P P Ad +ertising Agencies N P N N N P P MC Ar,q hitectural /Engineering /Design Services N P N N N P P MC Att�rney /Legal Services N P N N N P P 14C Business Management Services N P N N N P P MC Government Offices P P P P P P P P Tray el Agencies N P N N N P P MC 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 N Catteries N N P C N C C C Commercial Growing Establishments N N P N N N N N 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 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 N Gas /Service Stations C N N N N C C C Limousine Services N N N N N P P P Toyy✓ing Services With Indoor Vehicle Service N N N N N MC MC 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 N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17 03-3 Permitted ":Lead Uses For Base Zone Dist is tc ontinued Land Use RC PF RR RSF t~!Ml* . 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 N 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 N 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 hIP Catering Establishments N N N N N P P P Convenience Markets N N N N N P P N 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 N Appliance Sales N N N N N P P N 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 salts /storage N N N N N 9C C P Camera and Photographic Supplies N N N N N P P N Candy Stores N N N I 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 Oistri+cts cinued Land Use RC, PF RR x. RSI= n . , R�Ii1F 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 El4tronic 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 Gubs and Ammunition N N N N N P P MC 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 plies 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 N 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 R$F I RMF CG I CC M Wholesale Establishments N N N N I N I P 17P—T—N 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 N N 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 Pap er Products N N N N N N N P N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table Permitted Land Uses For ' I tO3-3: Base Zone Districts : coninued Land Use RD PO' RR RSA FtMf 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 j 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 HC A #C A C Taxidermy N N N N =N N N C Medical /Health Care A ulance 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 N 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 1`7.03.3 Permitted Land Uses'ForBass Zone Ciis +ctsr: red Land Use RC PF R 2 FtSF RI 10 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 MC Laundries, Laundromats N N N N N P P N 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 Shne Repair Shops N N N N N P P 44C Tailors N N N N N P P MC 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 LibVaries P P N N N #C #C N Mu4eums P P N N N #C 44C 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 N C MC Athletic Fields N P P P P N N N Baiting Cages N N N N N MC 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 Permitted Land Uses For .Base 17 �3-a Zone 04 trl0, tst aed Land Use RC _RM F w ,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 WC Health Clubs and Gymnasiums N N N N N C C N Miniature Golf Courses N N C N N N C N Off Road Mini -Bike and Motorcross Courses C N C N N N WC MC Public Auditorium /Auditoriums N P N N N N N N Shooting Range (Indoor) N N N N N N N C Skating Rinks N N N N N N C MC Video Arcades N N N N N C C N Recycling Collection Facilities N N N N N C C C Prdcessing Facilities N N N N N KC NC C Religious Institutions Ch rches N #C C C C C..-L 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 MCI MCI P N = Not Permitted P = Permitted C = Conditionally Permitted = Permitted as an Accessory Use W = Permitted as an Accessory Use in Assembly Buildin s Table 1,03 4' Permitted Land Uses For F3�se Zone 61stci c:#s rntinued Land Use Is RC PF RR :t� = GG 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 N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use *Only allowed for Properties on Sixth Street Tabl@ 17.03 -3 Permitted Land Uses For Base Zone; Districts oart�ir�0 Land Use RC PF RR RSP : ; R llF J 6 CC l 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 Phi anthropic and Charitable Institutions N N N N N P P KC Se ice Organizations N N N N N P P NC 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 HC 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;O3 -3 Permitted Land Uses For Base Zone Districts tlinued .: Land Use RC #'F R4 SF . ,. 1ME CG CC 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, 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 St Beaumont Overlay Ave. Overly 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 #C — Automobile Parking Facilities P KC N Automobile Rental Agencies P MC 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 KC N N = Not Permitted P = Permitted C = Conditionally Permitted Table 17,03=4 Permitted; Land Uses For Overlay Zane disrlrttined 6' St overlay , B � rw rie Urban Village: verlay 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 NC — P Recording and Sound Studios P NC 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 1 7;03 - Permltied .I.aiid Uses For Overly Zone Dls mss,. ` `Woad 6#' St fi�rerlAy Bed $ott 4verla ' - :, 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 14C 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 NC 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 NC 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 = Conditional) Permitted Table 17.03 -4 Permitted Land Uses For Overla y Zone Districts continued sen St Overlay Beaumont Ave. Overlay Urban Village Overlay Sporting Goods and Equipment P Kc 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 Medlcai/Health Care Ambulance Services C we N Animal HospitalsNeterinaries 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 Overla y Zone Districts continued 6 I St Overlay Beaumont Ave. Overlay Urban Village Overlay Dry Cleaners P P P Funeral Parlors, Mortuaries P C P Laundries, Laundromats P NP P Locksmith and Key Shops P up 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 #C N P Athletic Fields N N P Batting Cages NC N P Billiard and Pool Halls C WC C Bowling Alleys P N P Dance Halls and Studios N N P Golf Driving 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 to 8 St Overlay Beaumont Ave. Overlay Urban Pillage Overlay Health Clubs and Gymnasiums C N C Miniature Golf Courses N N P Public Auditorium /Auditoriums P N P Skating Rinks 9C N P Video Arcades C N C Religious Institutions Churches C, A* C" A* G 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 Overla Y Zone Districts continued th 6 St Overlay Beaumont Ave. OAve Urban 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 Tem ora 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 Overly Y Zone Districts continued 6" St Overlay Beaumont Ave. Overly 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 #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 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 "A ", 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 LOW 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. (SEAL) CITY OF BEAUMONT 0 2 Deputy City Clerk 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 17.0343 Permitted Land Uses For Base Zone Diistr cts. RC' PF RR RSF RMF' CG CC,,j 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 N Catteries N N P C N C C C Commercial Growing Establishments N N P N N N N N 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 ©istrlcts continued Land Use 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 N 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 N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use rt `��e 17:43 -3 Permitted Land iF=�r base one IN�, Land use, ..0 Satellite Dishes (Non- Private) N N N N N P P P Satellite Dishes (Private Use) N N P P P N N N Ham Radio Antennae (Private Use) N N P P P P P P as care facilities Commercial Day Care Facilities N N N N N P P N 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 N 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 N Appliance Sales N N N N N P P N 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 I N N P P N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use TAW A i wi'h7 nd flee Ip» ! ! r 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 N 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 17.43 --3 Permitted Land Uses For Base Zone Di' triicts continued Land Use RC PF RR RSF RMF CG CC M Wholesale Establishments N N N N N P P N 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 N N 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 I N N N N P N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table. *tl Pe mittetl land spas Fflr Baca - ". land Use RC l�F Fti :, RSP IR �G ail 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 11 edicallflealth 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 N 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 7 Perrrtit#ec! Land U � Fay` �3ase Zcuye' flis #r' - tad : ,', { Land Use RG PF x R R'S ' Rfilt 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 N 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 N 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 Per ii d Lgnd s4s x fiab�e ��4�i For 00 Zcr�60, -3 Land Use RC PIP 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 N Miniature Golf Courses N N C N N N 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 N N 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 iablle K434 Perm�ttetl Land Uses FtSal' Base Zane piis #hued . Land Use RC iPi CIF 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 j N N P P P N N N Restaurant Delicatessens N N N N N j P I P N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use 1. Only allowed for Properties on Sixth Street Permitted , a11t� lisps For e 17.1134 E3a e.Zot iii td.d$, r✓;e rtiued. end Use #: ,!f±C y, . 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 I N I N I N N C C C N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Pay Lang! Use RC lo 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 I N I N N I C C I 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 6"' St Overlay Beaumont AVe' Overia 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 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 TAI Permitted Land 1Jses l`or O'verla Zl ohe �Istrici# h ;- ' # Cwerly B�au� ► �3verlla Uri�ato V 11a0a:; vertay 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 = Conditionally Permitted Tolle 17.fl3 -4 Permitted Lard Use for Iverla Zone Building Materials with outdoor sales /storage 6 1h ov0day C lssae ontj Aye 0464W N � �rert ;3y 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 4verla y Zone Districts continued en 6 St Overlay Beaumont Ave. . OAve rban 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 _F 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 Overhy Overly Zone Districts continued 6h St Overlay Beaumont 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 P 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 N N P tN=NotPerrnifted ing Ranges N N C P = Permitted C =Conditionally Permitted Table 17.03 -4 Permitted Land Uses For Overlay Zone Districts continued St Overlay Beaumont Ave. Overly Urban Village Overlay Health Clubs and Gymnasiums C N C Miniature Golf Courses N 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 Overla Zone Districts continued In 6 St Over Beaumont Ave OAve. , Urban 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 Or anizations 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 St Overlay 8esumont 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 C P Trans ortation 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 = Conditionally Permitted Abeyta Locksmith, LLC. www.abeytalocksmith.com Christophergabevtalocksmith com 602 - 475 -7997 August 19, 2011 City of Beaumont Rebecca Deming Assistant Director of Planning 550 E. 6th Street Beaumont, CA 92223 RE: Relocation of Locksmith Company Dear Rebecca: We appreciate you speaking with us regarding the re- location of our locksmith business. - Abeyta Locksmith is a family owned and operated Mobile Locksmith Business located presently in Glendale, Arizona. While the business we now operate was originally established in 1973, we purchased, changed name, and took full ownership in 2008. We are member of ALOA (Associated Locksmiths of America), have an A+ rating with the Better Business Bureau of Arizona, are licensed, insured, bonded members of National Locksmith Association. Our hopes are that the city of Beaumont would graciously accept this letter as intent to relocate and operate our family locksmith business at Beaumont Glass and Door's location of 660 Beaumont Ave. We appreciate your time in this matter and excitedly await the decision of the council to approve zoning changes necessary to make this possible. Thank you and we look forward to the opportunity to serve and secure the citizens of Beaumont. Sincerely, Christopher Abeyta Abeyta Locksmith, LLC. 5440 W. Myrtle Ave Glendale, AZ 85301 Cc: Beaumont Glass & Door - Joshua & Melissa Lawetzki beaumontglassanddoorOyahoo.com "How Secure are YOU ?" Record Gazette 21+3 N. Murray St. Proof of Publication (2015.5 C.C.P ORDINANCE NO. 1007 - 53:134 State of C rIlfornia ) County of ONverside ) ss. I am a citizen of the united States and a resident of the State of California; I am ovei age of eighteen years, and not a party to or interested in the abt. -Je matter. I am the principal clerk of the printer and publis,,sr of ,,�gcord Gazette, a newspaper published in the Englisr, :ar5439e in the City of Banning, County of Riverside, and arljuc!cated a newspaper of general circulation as defined by t laws of the state of California by the Superior Court of the Co; my ct Riverside, under the date Octcher 14, 1966, Case No. 54737. That the notice, of which the anoexed is a copy, has `open pu0is,,Ad in each regular and entire issue of said newspap€.•; and not in any supplement thereof t;n the following dates, ) -wit: October 21, 2011 Execute(, on. 10/21/2011 At Banning , CA I ceritfy (or ae ^iar. • under penalty of perjury that the foregoing is t,-ua :. ,d correct. Sig;oatut.' Legal Advertiseman; NOTICE IS HEREBY GIVEN that the Beaumont Planning Commission and City Council will conduct public hearings with respect to the matter described below. The Planning Commission's public hearing will be held on Tuesday, November 8, 2011 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223. The City Council's public heading on this matter will be held at 6:00 p.m. on Tuesday, December 6. 2011 in the Council Chambers at Beaumont City Hall, 550 East Sixth Street, Beaumont, California to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 1007 - Amending Table 17.03 -3 "Permttted Land Uses for Base Zcne Distrtcs' and Table 17.03 -4 'Pemmitted Land User for Overlay Zone Districts' within Chapter 17, "Zoning'to permit additional land uses throughout the City of Beaumont. The purpose of these amendments is to allow for additional permitted land uses, which would generally be acceptable in the proposed locations throughout the City. Date: October 18, 2011 Rabe= Deming Director of Planning Publish The Record Gazette No. 58034 10121, 2011 AGENDA ITEM To: Mayor and City Council Members From: Frank Coe, Chief of Police By: Sean Thuilliez, Police Commander Agenda Date: December 6, 2011 Subject: Revision to the City's Bingo Ordinance to Add Remote Caller Bingo Backaround/ Summary: Senate Bill 1369 enacted the California Remote Caller Bingo Act that authorized eligible nonprofit organizations to conduct remote caller bingo as a means to raise funds for their charitable purpose. Remote caller bingo is based on the playing of a traditional game of bingo/ the numbers or symbols from randomly drawn plastic balls are announced by a live bingo caller at a host game site and simultaneously transmitted by the use of audio and video technology to remote game sites. In order to allow this new type of game, the City Council would need to amend the City's existing bingo ordinance. The Benevolent and Protective Order of Elks Banning - Beaumont Lodge no. 1839 has requested that the City Council consider adopting an ordinance to allow remote caller bingo. The attached draft ordinance would enact a new Chapter 5.32 of the Beaumont Municipal Code, allowing qualified nonprofit organizations to operate remote caller bingo games. The conditions and requirements for these games are mostly taken directly from state law. An organization wishing to operate remote caller bingo will need to obtain a City bingo license. All games must be open to the public, with minors excluded, and a bingo operator may offer remote caller bingo no more than two days per week. There are limits on prize payouts, the nonprofit organization's overhead costs related to bingo, and all prizes must be paid by check. Fiscal Impact: Adoption of the proposed ordinance would have little or no fiscal impact on the City. The existing bingo ordinance allows the City to charge a bingo license application fee to help offset processing costs, and the draft ordinance continues this. Recommendation: Staff recommends that the City Council hold a Public Hearing and approve the first reading of Ordinance No. 1008, amending Chapters 5.32 of the Beaumont Municipal Code. 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: NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this 3rd day of January, 2012, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF BEAUMONT ATTEST: Deputy City Clerk 1 Brian De Forge, Mayor 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. 1 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 Binoo Games Authorized: Remote Caller Bingo 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 Renal 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. 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 Investigation 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 Chance 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. M 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 Postina 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 Staffing 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 shall 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. .:3 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. 7 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 seg. 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 .�v 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 1 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. 1�44� 4LX--� Signature LEGAL NOTICE 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 4 -C, To: Mayor and City Council Members From: Frank Coe, Chief of Police By: Sean Thuilliez, Police Commander . e4 xw"m �111-/ Agenda Date: December 6, 2011 Subject: Ordinance 1009: Parole / Probationer Home Background/ Summa Staff is requesting City Council to approve an ordinance that sets conditions and restrictions on where houses used for Parolee / Probationer Homes can be located. Currently, the City's Zoning Ordinance does not regulate Parolee/ Probationer Homes. As such, Parolee/ Probationer Homes may be established anywhere in the community without review or conditions. According, appropriate control measures are needed to ensure that Parolee/ Probationer Homes do not overwhelm law enforcement resources that are presently available to properly monitor their operations. The proposed ordinance will establish formal review procedures for Parolee/ Probationer Homes in order to address public health, safety and welfare concerns and problems associated with these homes; maintain the City's existing level of law enforcement services to current residents; and, to ensure that the City does not have an over - concentration of said homes in the City or individual neighborhoods. California has a 70% recidivism rate, the highest in the nation. Seven out of ten parolees will reoffend and return to either state prisons or local jails within three (3) years. The City of Beaumont is home to approximately 122 parolees. With the high propensity for parolees to commit crimes; the interaction and calls for service between police personnel and paroles unduly poses a burden on police services. Currently, Parolee/ Probationer Homes may be established anywhere in the community without review or conditions. Therefore, appropriate control measures are needed to ensure that they do not overwhelm the law enforcement resources that are presently available to properly monitor their operations. The primary purpose of the proposed ordinance is to establish formal review procedures for Parolee/ Probationer Homes and includes measures, locational, development and operational standards and requirements, tailored to address these serious problems and concerns. Other communities such as Fontana, Desert Hot Springs, Riverside, and Yucaipa have adopted the Conditional Use Permit process to evaluate and condition these types of uses. Staff believes that a similar approach would be appropriate in the City. The CUP process is a discretionary review process, whereby specific operational and locations standards, as well as conditions of approval and mitigation measures can be imposed to adequately regulate Parolee/ Probationer Homes. Under the proposed ordinance, a Parolee/ Probationer Home is defined as "any residential structure or unit, including a hotel or a motel, whether owned and /or operated by any individual or for - profit or non - profit entity, which houses two or more Parolees /Probationers unrelated by blood, marriage, or legal adoption, in exchange for monetary or non - monetary consideration given and /or paid by the Parolee/ Probationer and / or any individual or public or private entity on behalf of the Parolee/ Probationer, excluding Parolees/ Probationers who reside in alcohol and/ or drug free residential recovery homes as defined by California state law, as well as community care facilities, residential care facilities and other similar facilities, as defined by the California law and exempt from local regulations by the state law. Under the proposed ordinance, a Parolee /Probationer is defined to include "persons: 1. 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 2. 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 3. 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." The proposed Parolee/ Probationer Home zoning regulations will require a CUP for the establishment of any type of land use that proposes to house between two to six Parolees/ Probationers. The proposed locational restrictions include the physical relationship and proximity of the proposed Parolee/ Probationer Home to similar uses on the same or surrounding cite; the compatibility of the such homes with neighboring uses (i.e., schools, parks, and other similar uses); and ensuring that such homes will not result in harm to the health, safety or general welfare of the surrounding neighborhood and substantial adverse impacts on adjoining properties or land uses. Additionally, when a CUP for a Parolee/ Probationer Home is requested, the Parolee/ Probationer Home shall be located a minimum of 660 feet away from existing or proposed school, universities, colleges, student housing, child care facilities, public parks, religious institution, hospital, youth facility, or other similar uses and of 1320 feet away from an existing Parolee/ Probationer Home or other similar use. With respect to the operational standards, the proposed zoning ordinance includes the following restrictions: 1. Each Parolee/ Probationer Home is limited to a maximum of six (6) parolees and/ or probationers; and each bedroom in each home may not house more than two (2) parolees and / or probationers. 2. Multi- family dwellings and/ or apartments having less than 25 units, only one (1) probationer / parolee unit is permitted; while only two (2) Probationer/ Parolee units are permitted in multi - family dwelling or apartment with more than 25 units. 3. Hotels and/ or motels with fourteen (14) rooms or less cannot provide transient lodging services or accommodations to more than three (3) parolees during any 28 consecutive - day period regardless of any length of their respective stays; and hotels and / or motels with fifteen rooms or more cannot provide transient lodging services or accommodation to more than five (5) parolees during any 28 consecutive day period regardless of the length of their respective stays. 4. The property owner or a designee 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 / her designee. 5. The Police Department shall be provided with a weekly update of the names of all Parolees/ probationers living at the Parolee/ Probationer Home. 6. An amortization provision to which any non - conforming Parolee/ Probationer Home would need to comply with the ordinance within one (1) year from the effective date of its adoption. The amortization period provision also includes a tool for requesting an extension of the amortization period, upon showing good cause. Fiscal Impact: Any fiscal impact related to the enforcement of this ordinance will be absorbed into the City's current operating budget. Recommendation: Staff recommends that the City Council hold a Public Hearing and approve the first reading of Ordinance No. 1009, 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 "PAROLEE /PROBATIONER 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 "Parloee /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: NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this 3rd day of January, 2012, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF BEAUMONT LOW ATTEST: Deputy City Clerk Brian De Forge, Mayor CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 1009 duly introduced at a regular meeting of the City Council of the City of Beaumont held on December 6, 2011, and was duly adopted upon a second reading on January 3, 2012, by the roll call votes indicated therein. CITY OF BEAUMONT (SEAL) Deputy City Clerk N 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/her 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. 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. Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 1009 -60357 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 25, 2011 Executed on: 11/25/2011 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 Beaumont City Council will conduct a public hearing on Tuesday, December 6, 2011 at approximately 6:00 p.m. in the Room 5 at the Beaumont Ct* Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following mattegs):Ordlnance No. 1009 An Ordinance of the City Council of the city of Beaumont, California adding Sections 17.1610 the Beaumont Municipal Code Entitled 'Parolae/Probationer Home'. The purpose of this amendment is to add Section 17.16'ParolmProbationer Home' which regulates the Conditional Use Permit requirements for operating a ParoleaFrobadoner Home including the development standards required. Date: November 22, 2011 Rebecca Deming Director of Planning Publish The Record Gazetlo N0.60357 11/25,2011 Agenda Item No. 4 - J STAFF REPORT To: Mayor and Council Members From: Community and Economic Development Department Date: December 6, 2011 Subject: Street Vacation 10 -SV -01 a City Initiated Street Vacation of Edgar Ave between Second Street and Third Street. Background and Analysis: Edgar Avenue between Second Street and Third Street was essentially vacated by the City in 1940 by a resolution which reverted to acreage many streets in the city, then these streets were re- established in 1993. This street 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 City has had code enforcement issues out at an adjacent site and the Landowner would like to build a wall in the area in order to protect his property as well as the portion of the street that would be vacated. The location and dimensions of the proposed street vacation action are illustrated in the attached package. Notices have been mailed as required by statutes to the affected property owners. Recommendation: Staff recommends that the City Council: 1. Hold a Public Hearing 2. Approve Street Vacation 10 -SV -01 Respectfully submitted; CITY OF BEAUMONT Rebecca Deming Director of Planning a 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. 10 -SV -001 RECORDED OWNER(S) AFFECTED ASSESSOR PARCEL NUMBER(S) City of Beaumont 418 - 210 -013 418 - 210 -007 418- 210 -008 418- 210 -016 LEGAL DESCRIPTION OF ADJUSTED PARCEL 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 Mayor,City of Beaumont This Notice of Vacation No. 10- V-001 is approved STATE OF CALIFORNIA }SS. By: Title: t—" COUNTY OF } ON before me, ` Date: Z Z /yo (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. pNF� L1 NI) SG t�,5 WAYNF 'PG v NO. 6359 Signature gc�OF \FO�a Of Notary Public CA` 'See additional sheets for additional notaries* MAIL TAX STATEMENTS TO: EXHIBIT 'B" THIRD STREET 0 v N89 045'37 "W 80.00' -, /— R 0.8. 40' 40' 1 p21 d °o O�� 40' 40' 6 I 1821 ' 4 3 co Q ¢ PI 1l Ld Q Q Z O J U _ 06 1418 210 0 0 PPS � a p0� o v � PP g 12 �\llhll 11 �^ o 14 96 15 0 v SECOND STREET N- o " 80.00' N89 045'37 "W c 10 o W— — M Z 0 X16_ 1, X18 21 90 r J I THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE POR. SW 1/4 SEC. 10 T3S R1 W ATTACHED DOCUMENT. EDGAR AVENUE VACATION SHEET CITY OF BEAUMONT 10 —SV -001 SCALE: 1" =100' DRAWN BY: TJ DATE: 11 -21 -11 JOB# ULC -10 -010 OF 1 SHEETS EXHIBIT "A" 10 -SV- -001 BEING A STRIP OF LAND 80.00 FEET IN WIDTH, SAID STRIP ALSO BEING A PORTION OF EDGAR AVENUE AS SHOWN ON AMENDED MAP OF THE TOWN OF BEAUMONT, MAP FILED IN BOOK 6, PAGES 16 AND 17, RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, LYING IN SECTION 10, TOWNSHIP 3 SOUTH, RANGE 1 WEST MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 6 OF BLOCK 143, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF THIRD STREET BOTH AS SHOWN ON SAID MAP; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID BLOCK 143, SOUTH 00 °14'23" WEST, A DISTANCE OF 480.00 FEET TO THE SOUTHWEST CORNER OF LOT 16 OF SAID BLOCK 143, SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF SECOND STREET AS SHOWN ON SAID MAP; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE OF SAID SECOND STREET, NORTH 89 °45 "37" WEST, A DISTANCE OF 80.00 FEET TO A LINE PARALLEL AND 80 FEET WEST OF SAID WESTERLY LINE OF SAID BLOCK 143, SAID POINT BEING THE SOUTHEAST CORNER OF LOT 15 OF BLOCK 142 OF SAID MAP; THENCE LEAVING SAID SOUTHEAST CORNER OF LOT 15 NORTHERLY ALONG SAID PARALLEL LINE, NORTH 00 014'23" EAST, A DISTANCE OF 480.00 FEET TO A POINT ON SAID SOUTHERLY RIGHT OF WAY LINE OF THIRD STREET; THENCE EASTERLYALONG SAID RIGHT OF WAY LINE, SOUTH 89 °45 "37" EAST, A DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.88 ACRES MORE OR LESS. SHOWN ON EXHIBIT 'B" ATTACHED HERETO MADE A PART HEREOF. ZZAv ®V C-0 /S W. JANDA DATED L. S. 6359 2 O D s No. 6359 �9TF O�F CAL�F��. PAGE 1 OF 1 C ity of Beaumont 550 E. 6th Street Beainiiom, CA 92223 (951) 769 -8520 FAX (951) 769 -8526 Erriail: cityhall @ci.beauntout.ca.us www.ci.beauiiiout.ca.us LEGAL ADVERTISEMENT NOTICE IS HEREBY GIVEN, that the City of Beaumont City Council will conduct a public hearing to consider the matter described below. The City Council's hearing on this matter will be held at 6:00 p.m. on Tuesday, December 6, 2011 in the Council Chambers at Beaumont City Hall, 550 East Sixth Street, Beaumont, California. Street Vacation of a portion of Edgar Avenue, consideration of a request for the vacation of Edgar Avenue between Second Street and Third Street. Edgar Ave currently exists as a dedicated 80 -foot right -of -way. Vacation of the street would result in the conveyance of the vacated areas to the immediately adjoining properties. The proposed application is exempt from the provisions of the California Environmental Quality Act. The applicant for this project is the City of Beaumont. On public hearings items the public may present testimony to the City Council either in person or by mail. Written comments will be accepted until the night of the hearing. Rebecca Deming , Director of Planning Dated: November 21, 2011 Mail to adjacent property owners on or before November 25, 2011 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) STREET VACATION -60356 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 25, 2011 Executed on: 11/25/2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL ADVERTISEMENT NOTICE IS HEREBY GIVEN, that the City of Beaumont City Council will conduct a public hearing to consider the matter described below. The City Councirs hearing on this matter will be held at 6:00 p.m. on Tuesday, December 6, 2011 in the Council Chambers at Beaumont City Hall, 550 East Sixth Street, Beaumont, Catilomia. Street Vacation of a portion of Edgar Avenue, consideration of a request for the vacation of Edgar Avenue between Second Street and Third Street. Edgar Ave currently exists as a dedicated 80400t right -or -way. Vacation of the street would result in the oonveyance of the vacated areas to the immediately adjoining properties.The proposed application Is exempt from the provisions of the Cardomie Environmental Quality Ad The applicant for this project is the City of Beaumont On pubic hearings items the public may present testimony to the City Council either in person or by mall. Written comments will be accepted until the night of the hearing. Rebecca Deming Director of Planning Dated: November 21, 2011 Publish The Record Gazette No.60356 11125.2011 11/9/11 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 WHEREAS, the phrase "In God We Trust" has been used on U.S. currency since 1864; and WHEREAS, "In God We Trust" became the national motto for the United States on July 30, 1956; and WHEREAS, the same inspiring slogan is engraved upon the entrance to the Chamber of the U.S. Senate as well as above the Speaker's dais in the U.S. House of Representatives; and WHEREAS, in both war and peace, these words have been a profound source of strength and guidance to generations of Americans; and WHEREAS, the City desires to display this patriotic motto in the City Council Chambers as a way to solemnize public occasions and express confidence in our country. NOW, THEREFORE, the City Council hereby resolves as follows: Section 1. That the historic and patriotic words of our national motto, "In God We Trust" shall be permanently and prominently displayed in the Beaumont City Council Chambers. Section 2. The City Manager is authorized to take such appropriate and necessary steps to implement the intent of this Resolution. MOVED, PASSED AND ADOPTED at the regular meeting of the City Council on December 6, 2011 by the following vote: Ayes: Noes: Abstain: Absent: BRIAN DE FORGE, Mayor ATTEST: Deputy City Clerk q.-P MEMORANDUM TO: CITY COUNCIL FROM: CITY MANAGER SUBJECT: REQUEST FOR USE OF NOBLE CREEK PROPERTY FOR RECREATION PURPOSES BY THE BEAUMONT - CHERRY VALLEY RECREATION AND PARK DISTRICT ( BCVRPD) DATED: DECEMBER 6, 2011 INTRODUCTION The City has received a request, dated October 26, 2011, from BCVRPD to use City -owned property in Noble Creek for recreation purposes. This property, consisting of 15 acres, straddles Noble Creek beginning at a point southwest of the intersection of Brookside and Beaumont Avenues, and extending to Noble Creek's intersection with Oak Valley Boulevard. BACKGROUND In 2006, the City entered into a "Settlement Agreement and Final Stipulated Judgment" in the lawsuit entitled CVAN v. City of Beaumont /Tahiti Group, etc. The settlement required the Tahiti Group to dedicate the 15 acres to the City either for use by the Beaumont -Cherry Valley Water District to construct recharge facilities, or for use by BCVRPD for recreation purposes, to be maintained by the City's Community Facilities District. The Water District has made a substantial investment in the Beaumont Basin Groundwater Recharge Facility immediately upstream of the City's Noble Creek property, on the northeast corner of Brookside and Beaumont Avenues. That recharge facility is only partially built, and the Water District has a considerable amount of remainder property to expand its facility. Thus, it does not appear that the City's property will be needed for that purpose well into the future. BCVRPD is preparing a Master Plan of trails, and the inclusion of the City's property would be a useful addition to the trail system because it would provide Noble Creek Park users with ingress and egress to and from the northeast quadrant of the community. Thus, BCVRPD proposes to negotiate a land use agreement with the City for recreation purposes. C RECOMMENDATION Staff recommends that the City Council 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 possible approval. Staff further recommends that, to the extent CEQA applies, BCVRPD be designated as the lead agency. 2 BEAUMONT- CHERRY VALLEY RECREATION & PARK DISTRICT Noble Creek Community Center 390 W. Oak Valley Parkway www bcvparks.com October 26, 2011 Honorable Brian Deforge, Mayor City of Beaumont 550 East 6t` Street - - Beaumont; CA 92223 - P.O. Box 490 Fax (951)845 -9557 Beaumont, CA 92223 (951)845 -9555 e-mail:mickey@bcvparks.com Re: Request for Use of Noble Creek Right- of -Wav for Recreation Puraoses Dear Mayor: In 2006, the City entered into a "Settlement Agreement and Final Stipulated Judgment" in the lawsuit entitled Cherry Valley Acres and Neighbors v. City of Beaumont/Tahiti Group, etc., et al. (Riverside Superior Court Case No. RIC 427282). In accordance with the Settlement, the Tahiti Group, et al. dedicated about 15 acres of land to the City along Noble Creek for use by the Beaumont - Cherry Valley Water District to construct recharge facilities. However, if the Water District does not choose to do so, the Settlement further provides that the land may be used by the Recreation & Park District, although maintained by the City's Community Facilities District. We understand that the Water District has no need for additional recharge facilities, as it presently operates a Groundwater Recharge Facility immediately upstream of the City's Noble Creek property. Our District is preparing a Master Plan of trails, and the inclusion of the City's property in Noble Creek would be an important addition to the trail system because it would provide Noble Creek Park users ingress and egress to and from the northeast quadrant of the community. Therefore, we respectfully request that the City Council authorize its staff to negotiate a land use agreement with our District for recreation purposes. We look forward to meeting with your staff as soon as it is reasonably practicable to do so. Very truly yours, b Mickey Valdivia, General Manager BEAUMONT- CHERRY VALLEY RECREATION & PARK DISTRICT STAFF REPORT Agenda Item TO: Mayor and Council Members FROM: Community and Economic Development Department DATE: December 6, 2011 SUBJECT: Resolution No. 2011 -30 Ratifying the Agreement with Beaumont -Cherry Valley Water District Relating to the Use of Recycled Water EXECUTIVE SUMMARY OF DOCUMENTS & ACTIONS: • On March 8, 1993, the City of Beaumont (City) and the Beaumont -Cherry Valley Water District (District) entered into a Cooperative Agreement (Exhibit "A ") which included the following provisions: o Established a commitment by the District to serve all new development located in CFD No. 93 -1. • Required the District to levy development impact fees on new development to purchase new water supplies above and beyond the Pass Agency entitlement of 17,300 acre feet of State Water Project Water in order to i) mitigate the impacts of new development on the overdraft of the Beaumont Basin, ii) mitigate the impacts of recycled water use on the water quality of the Beaumont Basin and iii) cooperate with the City comply with water quality objectives set forth by the Regional Board including implementation of Maximum Benefit obligations. • Established the commitment of the City and District to negotiate and enter into a definitive agreement to make recycled water from the City's wastewater treatment plant available for use by the District provided the District helped fund improvements to the City's wastewater treatment plant as needed to comply with requirements of the Regional Board. • On March 24, 1998, the City approved a Implementation Memorandum of Understanding (City responsible) • In 2002, The City and District entered a new MOU rescinding the 1998 MOU (District responsible) • On December 15, 2009, the City approved a Cooperative Agreement (Exhibit "C ") to set forth definitive terms to make recycled water from the City's wastewater treatment plant available for use by the District in accordance with the requirements set forth in the 1993 Cooperative Agreement. The Agreement includes the following provisions: • Established a commitment by the City make recycled water available to the District at no charge. • Required the District to help fund compliance with Regional Board directives with respect to the discharge and use of recycled water including implementation of maximum benefit obligations. • The District has been charging fees to buy new and recycled water since 1993. Background and Analysis: On March 8, 1993, the City Council approved and entered into a Cooperative Agreement with Beaumont -Cherry Valley Water District (District) which set forth the general terms and conditions by which the City would make recycled water available to the District. On December 15, 2009, the City Council approved a Cooperative Agreement with the District that set forth definitive terms and conditions by which the City would make recycled water available to the District. Since that time, rather than negotiate with the City, the District has worked indirectly through regulatory agencies such as the State Regional Water Quality Control Board (Regional Board) to force the City to provide recycled water to the District on terms which are inconsistent with the 1993 Cooperative Agreement and the 2009 Cooperative Agreement (effective Jan. ate, 2010). The proposed resolution would ratify the Cooperative Agreement dated December 15, 2009 which was approved in accordance with the general provisions set forth in the March 8, 1993 Cooperative Agreement and the water quality requirements set forth by the Regional Board. The City currently produces approximately 2.7 million gallons of recycled water each day (MGD) in accordance with strict water quality standards imposed by the Regional Board. Approximately 1.8 MGD is discharged to Cooper's Creek and is used to sustain rare and endangered plant and animal species which depend upon the City created riparian habitat along the creek. Approximately 0.9 MGD of recycled water is discharged to an unnamed tributary of Marshall Creek and is used to offset overdraft of the Beaumont Groundwater Basin. Ultimately, the City is expected to discharge approximately 8.0 MGD of recycled water, a portion of which can be made available to the District to help meet irrigation demands. Recommendation: Staff recommends ADOPTION of the proposed Resolution ratifying the Cooperative Agreement Relating to the Use of Recycled Water dated December 15, 2009, APPROVAL of the Proposed Project Progress Report and AUTHORIZATION of the Mayor to execute the Resolution and Project Progress Report subject to the authority of the City Attorney to make non - substantive changes. Respectfully submitted: CITY OF BEAUMONT Kyle Warsinski Community Development Analyst CITY OF BEAUMONT PROJECT PROGRESS REPORT RECYCLED WATER AGREEMENT Fund Project Name: BCVWD Recycled Water Agreement Source: Sewer Enterprise Funds Contract As per existing agreements Contractors: As per existing agreements Date: Const. Budget: TBD Subcontractors: See approved CIP Contractor List A &E Budget: As per approved CIP contractor Project Start Date: December 2011 agreements I I il= Work Completed During Report Period: Prepared Resolution, attended meetings with the Regional Board. Problems or Delays During Report Period: No problems or delays. Change Orders: No change orders. Recommendation(s) for City Council Action: Approve Resolution and expend funds as necessary to implement the resolution. Report Approved by: Mayor's Signature Date of City Council Approval RESOLUTION NO. 2011-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT RATIFYING THE DECEMBER 15, 2009 COOPERATIVE AGREEMENT WITH THE BEAUMONT - CHERRY VALLEY WATER DISTRICT RELATING TO THE USE OF RECYCLED WATER RECITALS A. On March 8, 1993, the City of Beaumont ( "City ") and the Beaumont -Cherry Valley Water District ( "District ") entered into a Cooperative Agreement that has, over the last 19 years, guided the joint funding of supplemental water supplies and construction of a new state of the art water system, including new wells, reservoirs, percolation ponds and pipelines. A copy of the 1993 Cooperative Agreement is attached hereto as Exhibit "A." The new water system also includes over 14 miles of recycled water pipelines needed to deliver recycled water for irrigation of golf courses, parks, street landscaping and open space areas. B. Paragraph 1 of the 1993 Cooperative Agreement established the intent and obligation of the City and District to jointly implement mutually beneficial master facility funding programs to facilitate the logical and orderly development of the City and protect local water supplies. In 1994, the City funded an update to the District's Master Facility Plan to include recycled water infrastructure improvements and to provide the basis for establishing a recycled water facilities mitigation fee which has been levied on all new development in the City and District. In 2005, the City and the District helped form the San Timoteo Watershed Management Authority ( "STWMA ") for the purpose, among others, of developing and implementing water resources management plans and programs. Under the auspicious of STWMA, the City and the District formed "STWMA Project Committee No. 1" for the purpose of jointly funding and implementing directives of the Santa Ana Regional Water Quality Control Board ( "Regional Board ") with respect to the use of recycled water. In 2009, the District withdrew its participation in STWMA Project Committee No. 1 and precipitated the dissolution of STWMA. As a result of the District's withdrawal from STWMA Project Committee No. 1, the City has undertaken, at its sole cost and expense, the work of complying with the Regional Board requirements governing the City's recycled water and implementation of maximum beneficial use obligations which had been joint obligations prior to the demise of STWMA. In 2010 the City began discharging a portion of its recycled water in the Beaumont Management Zone. C. Paragraph 2 of the 1993 Cooperative Agreement established the intent and obligation of the City and District to jointly impose mitigation fees on all new development to fund construction of new potable and recycled water systems and to purchase imported water supplies above and beyond the San Gorgonio Pass Water Agency's entitlement of 17,300 acre feet per year of State Water Project Water. In 1999, the City and the District entered into that certain amended Joint Financing Agreement which authorized the funding and construction of District facilities through the City's Community Facilities District No. 93 -1. In 2002, the City and the District initiated construction of the first phase of the District's new water system including groundwater well improvements, a recharge and recovery well in Edgar Canyon and the construction of the Taylor Reservoir and transmission main; the first modern reservoir and transmission main to serve the District's ratepayers. Since 2002, the City and District have jointly funded and constructed over $75 Million in water facilities to serve the City and District ratepayers. D. Paragraph 6 of the 1993 Cooperative Agreement established the intent and obligation of the City to adopt an ordinance requiring the use of recycled water for irrigation. On November 10, 1997, the City adopted Ordinance No. 775 which established requirements for the use of recycled water in the City. E. Paragraph 7 of the 1993 Cooperative Agreement established the intent and obligation of the City to adopt an ordinance requiring water conservation in accordance with District Policies. In 2009, the City adopted Ordinance No. 963 which implemented State landscaping and irrigation requirements set forth in the State Model Water Efficient Landscape Ordinance which reduced water demands from new development by 20 -30 percent. F. Paragraph 8 of the 1993 Cooperative Agreement established the intent and obligation of the City and District to negotiate and enter into an agreement for the sale of City recycled water to the District, establish criteria for the use of recycled water in accordance with Regional Board directives and earmark the use of recycled water revenue to fund improvements to the City's Wastewater Treatment Plant which are needed to comply with Regional Board requirements. In 1998, the City and the District entered into the "Implementation Memorandum of Understanding" which designated the City as the "responsible agency" for the funding, construction, ownership and operation of a recycled water storage and distribution system. In 2002, the City and the District entered into that certain "Memorandum of Understanding for the Recycled Water Delivery System Project" which rescinded the 1998 Implementation Memorandum of Understanding and transferred the responsibility for construction, ownership and operation of the recycled water system to the District. Part of the work of Project Committee No. 1 was the preparation, as between the City and the District, of a series of draft agreements for the purchase and sale of recycled water, to be approved by the City Council and the District's Board of Directors. The draft agreements included several alternatives to implement Paragraph 8 of the 1993 Cooperative Agreement. Among the various draft agreement alternatives was an alternative to deliver the City's recycled water to the District without cost, but in consideration for the District's financial participation in funding and implementing the Regional Board's requirements governing the discharge and use of recycled water in the San Timoteo Management Zone and the Beaumont Management Zone. G. In 2008, the District requested and the City provided two letters indicating that the City would not charge the District for recycled water made available for use in the Beaumont Management Zone subject to the provisions set forth in the 1993 Cooperative Agreement. Copies of the two letters sent in December 2008 are attached hereto as Exhibit `B." The purpose of the December 12, 2011 letter was to assist the District in obtaining Regional Board funding for completion of the recycled water system. The letter was consistent with the provisions of all draft recycled water purchase agreements prepared as part of the work of STWMA Project Committee No. 1 which required the District to jointly fund and implement Regional Board requirements related to the discharge and use of recycled water. The City Council has been 2 informed and advised that the District has not completed construction of the recycled water system and was disqualified from receiving grant and loan funds from the State. The City Council has been further informed and advised that the District has not completed the process to obtain a recycled water use permit from the Regional Board to use recycled water from the Yucaipa Valley Water District and the City of Beaumont. Finally, the City Council has been informed and advised that in order for the District to obtain a recycled water use permit to use recycled water from the Yucaipa Valley Water District together with recycled water from the City of Beaumont, a basin plan amendment will need to be prepared for approval by the Regional Board, incorporating revisions to the "maximum benefit" criteria for the Beaumont Management Zone, which also requires compliance with CEQA. On December 15, 2009, the City Council approved that certain Cooperative Agreement Relating to the Use of Recycled Water (the "2009 Cooperative Agreement ") in accordance with Paragraph 8 of the 1993 Cooperative Agreement, a copy of which is attached hereto as Exhibit "C." H. The City Council has been informed and advised that the cost to the City of complying with the Regional Board's directives concerning the use of recycled water and implementation of maximum benefit obligations is approximately $1 million per year. Consequently, City staff has investigated alternatives for the discharge and use of recycled water and implementation of maximum benefit obligations that would assist the City in funding the continuing cost. Two of the alternatives, is to either sell recycled water to the District, or to provide it to the District at no charge, in consideration for the District's assumption of certain water quality directives of the Regional Board pertaining to the discharge and use of recycled water and assumption of costs related to the implementation of maximum benefit obligations. NOW, THEREFORE, the City Council hereby resolves as follows: 1. Ratifiv the the 2009 Cooperative Agreement. The 2009 Cooperative Agreement is hereby ratified and found to be consistent with the provisions of the 1993 Cooperative Agreement and the directives of the Regional Board with respect to the discharge and use of recycled water. 2. Participation of the Water Committees. The City and the District each maintain a Water Committee, each consisting of two elected officials. The Water Committees may jointly meet for purposes of reviewing the terms of the 2009 Cooperative Agreement or any counter proposal from the District which includes either of the two following provisions. a. Provisions which establish a purchase price for the recycled water and a special account into which the District shall deposit revenue from the sale of recycled water to be used to reimburse the City's costs to comply with the Regional Board's directives related to waste discharge standards and ambient water quality objectives for the San Timoteo Management Zone and the Beaumont Management Zone, and also require the District to purchase or develop new sources of high quality supplemental water supply to serve new development in the City and offset costs related to the treatment of return flows from the consumptive use of recycled water. b. Provisions which obligate the City to deliver available recycled water to the District free of charge and, in consideration therefore, obligates the District to assume from and/or share with the City certain water quality management activities and costs to comply with the Regional Board's directives related to waste discharge standards and ambient water quality objectives for the San Timoteo Management Zone and Beaumont Management Zone. Those provisions would require the District to purchase or develop new sources of high quality supplemental water supply to serve new development in the City and offset costs related to the treatment of return flows from the consumptive use of recycled water. 3. Status Reports. The City Water Committee shall periodically report on meetings of the Water Committees to the City Council at its regularly- scheduled meetings. MOVED, PASSED AND ADOPTED this 6th day of December, 2011, upon the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Deputy City Clerk CITY OF BEAUMONT LIM BRIAN DE FORGE, Mayor CERTIFICATION I, Shelby Hanvey, Deputy City Clerk of the City of Beaumont, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on , 2011 and was duly adopted by unanimous vote of the City Council. CITY OF BEAUMONT SHELBY HANVEY, Deputy City Clerk 4 EXHIBIT "A" COOPERATIVE AGREEMENT BETWEEN THE CITY OF BEAUMONT AND THE BEAUMONT CHERRY VALLEY WATER DISTRICT THIS COOPERATIVE AGREEMENT (the "Agreement ") is made and entered into as of March 8 , 1993, by and between the CITY OF BEAUMONT, a municipal corporation and public agency of the State of California (hereinafter the "City ") and the BEAUMONT CHERRY VALLEY WATER DISTRICT, a public agency organized and existing pursuant to Division 11 (commencing with Section 20500) of the California Water Code (hereinafter the "District ") . RECITALS A. The City and the District recognize the need to facilitate implementation of the City General Plan and Public Facilities Financing Program to insure logical and orderly development within the City and the service areas of the District. B. The City and the District likewise recognize the need to cooperate in a long -term program to maintain safe groundwater management practices in the service area of the District and recognize the need to establish funding mechanisms to provide for the acquisition and development of new sources of water supply, including reclaimed water and imported water, in such a way as to protect and preserve the existing water supply. C. To such end the City is contemplating the formation of a public financing district, and specifically proceedings for the formation of Community Facilities.District No. 93 -1 (hereinafter referred to as "CFD No. 93 -111), pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, Section 53311 et seq. of the California Government Code (hereinafter the "Act "), for the purpose of financing the acquisition and construction of certain public facilities to benefit an area of land proposed for development designated as the Project Area, as shown on Exhibit "A" hereto, within the boundaries of the City, which facilities include domestic and reclaimed water facilities and sewer facilities (the "Facilities ") , as described in Exhibit "B" to this Agreement. D. The proceedings to establish CFD No. 93 -1 shall include a special election in which the qualified electors will be asked to authorize formation of CFD No. 93 -1 and the sale of bonded indebtedness secured by a special tax therein to fund, inter alia, debt service on such bonded indebtedness. It is contemplated that bonds will be issued pursuant to a Fiscal Agent Agreement or Bond Indenture approved by CFD No. 93 -1. BBCVWD.3 E. In contemplation of the issuance and sale of bonds, it is expected that several of the developers within CFD No. 93 -1 will be required to advance.moneys for the purpose of financing the design and engineering of certain public facilities and the payment of certain costs of the City and the District, including their respective consultants. F. The City and the District each have an interest in and recognize the need for the Facilities and express their intent to enter into an agreement (the "Joint Financing Agreement ") pursuant to Sections 53316.2, 53316.4 and 53316.6 of the Act describing, inter alia, the terms and parameters related to the design and construction of such facilities and the transfer of such facilities to the District which will own, operate and manage such facilities. G. The City and the District acknowledge that in addition to the Facilities, the development plans for the area within CFD No. 93 -1 may include the construction of additional water, reclaimed water and sewer facilities, which may be an integral component to the utilization of the Facilities. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained the parties agree as follows: 1. Cooperation to Facilitate Orderly Growth. The City and the District shall cooperate to implement mutually beneficial plans and programs to insure logical and orderly economic development in the City and the City sphere of influence, and safe groundwater management practices in the service area of the District. Such plans and programs shall include, but not limited to, the following: City General Plan City Comprehensive Public Facilities Financing Program District groundwater management programs and facility master plans City and District mitigation fee programs 2. Interim Mitigation Fees and Phasing Schedule. The City and the District shall adopt and impose interim mitigation fees (the "Interim Mitigation Fees ") in accordance with the schedule of fees and list of authorized facilities and new sources of water supply indicated below. The Interim Mitigation Fees shall provide the financial basis to master plan, design, process, permit and construct water importation, water distribution, wastewater treatment and water reclamation ascvwD.3 2 facilities until such time as definitive Mitigation Fees are established. The calculations for the following fees are shown on Exhibit C attached hereto. Interim Mitigation Fees City Sewer Fees Capacity Fee Trunk Main District Water Fees Facility Fee' Reclamation Fee New Imported Water Feet $2,772 per EDU 525 per EDU 2,065 per EDU 376 per EDU 386 per EDU Existing Fee New imported water exceeding the existing San Gorgonio Pass Water Agency entitlement of 17,300 acre feet of State Water Project water per year Interim Authorized Facilities and New Sources of Water Supply Responsible Source of Agency Supply District Existing Water Reclamation District Imported Water District New Water Reclamation 3. Definitive Mitigation Fees and Phasing Schedule. Within eighteen (18) months following the first bond sale of CFD No. 93 -1 and adoption of Interim Mitigation Fees, the City and the District shall initiate detailed studies and adopt definitive mitigation fees and phasing schedule (the "Definitive Mitigation Fees and Phasing Schedule ") for water importation, water distribution, wastewater treatment and water reclamation facilities as required to serve land within CFD No. 93 -1. Consideration shall also be given and mitigation fees adopted throughout the City to accommodate development in accordance with the City General Plan and the District Master Facilities Plan. Mitigation Fees shall be collected in accordance with mitigation and development agreements between property owners and applicable public agencies or may be paid by public financing districts through the sale of bonds, which will be repaid by property ascvwD.s 3 owners participating in such financing districts through the collection of special taxes or assessments. 4. Joint Financing Agreement. The District shall cooperate with the City in the formation of public financing districts by entering into a Joint Financing Agreement, pursuant to Sections 53316.2, 53316.4 and 53316.6 of the Act, or a Utility Agreement, pursuant to Section 10110 of the California Streets and Highways Code, as applicable, relating to facilities which will be financed by the City and transferred to the District which will own, operate and maintain such facilities. 5. Mitigation Fee Credits. Mitigation Fees (excluding annexation fees) shall be waived, reduced and /or credited by the District for the benefit of property participating in any public financing district for facilities for which such Mitigation Fees are collected, to the extent the property provides security for obligations (i.e. bonds, BANs) issued by such public financing district, or as otherwise provided by Development Agreements between individual landowners and the respective water and sewer agencies. 6. Mandatory Reclaimed Water Use. City shall adopt an ordinance which will require the use of reclaimed wastewater for irrigation purposes in accordance with State law within six (6) months of the sale of bonds to construct the treatment plant modifications necessary to deliver reclaimed water. District shall, within said six (6) month period, develop and adopt applicable rules, regulations and standards governing the design, construction and operation of reclaimed water facilities. 7. Mandatory Water Conservation. City shall adopt an ordinance which will require the conservation of water in accordance with District policies within six (6) months of the first sale of bonds for the facilities to be constructed by CFD No. 93 -1. 8. Reclaimed Water Purchase Agreement. The City shall direct its City Manager and the District shall direct its General Manager to negotiate and prepare a Reclaimed Water Purchase Agreement which shall be presented to the City Council and the Board of the District for approval within eighteen (18) months of the approval and execution of this Agreement. The water Purchase Agreement shall establish water quality criteria in accordance with Santa Ana State Regional Water Quality Control Board ( "Regional Board ") directives. Consideration for reclaimed water shall be based on a percentage of net revenues received by District, net of operation, maintenance and depreciation costs related to the District reclaimed water distribution system. The City shall use all revenue from reclaimed water sales to establish a restricted account for improvements to the wastewater treatment plant in accordance with Regional Board directives. BBCVwD.3 4 9. Interim Financing. The City and the District shall cooperate to obtain interim financing to purchase imported water supplies and /or facilities as required by the District to serve land within CFD No. 93 -1. Such interim financing sources may include the use of bond anticipation notes ( "BANs ") issued by the City prior to the scheduled issuance of bonds of CFD No. 93 -1. Such interim financing shall (i) result in mitigation fee credits to the properties obligated for the payment of special taxes which secure such interim financing to the same extent as are other costs funded in the bond program and (ii) be subject to repayment in full from proceeds of CFD No. 93 -1 bonds. lo. Annexation to the District and Water Connection permits. At the time of annexation to the District, participating properties in CFD No. 93 -1 shall enter into an annexation agreement with the District establishing terms and conditions for service. Following the funding of the facilities identified in Section 2 and Exhibit "B" of this Agreement and /or the payment of Mitigation Fees described in Sections 2 and 3 hereof, the District will unconditionally reserve appropriate water connection permits for the sole use of properties participating in CFD No. 93 -1 on ro ert rata lhave fundedtsuch that participating CFD No. 93 -1 p p Y owners facilities through the sale of bonds, payment of Mitigation Fees or other source of financing, as established in the annexation agreement. 11. Issuance of "Will Serve" Letters by District. Upon execution of this Agreement by all parties, the District will issue an unconditional "will serve" letter to the City for new EDUs required to serve projects participating in CFD No. 93 -1. The District "will serve" letter will only be restricted in accordance with the terms of this Agreement and applicable District policies. 12. No Challen e to CFD No. 93 -1 Formation. The District agrees not to challenge in any manner the formation of CFD No. 93 -1 or the imposition of the special tax established therein by the City during validation proceedings, if such proceedings are utilized, or otherwise. 13. District Costs to Prepare Agreement. The City shall reimburse the District for consultant services costs incurred in the review and approval of n the event that CFD No. 93 -1 bonds are not sold. erence to Related Agreement. The City and the 14. Ref District acknowledge that there are provisions which must be agreed to between the City, the District and the San Gorgonio Pass Water Agency (the "Agency ") with regard to the completion of regional facilities, the imposition of capacity charges, as well as potential alternative financing procedures for the completion of regional facilities. These provisions are incorporated in a 5 BBCVWD.3 separate agreement between the City, the District and the Agency, and to the extent the terms of such terms are made subj ect to the terms agreement. 15. CEQA Proceedings. The City, the District and the Agency recognize and acknowledge that before the construction of any new facilities may be approved, there must be conducted appropriate proceedings under the California Environmental Quality Act ( "CEQA ") to determine the environmental impact of the project and, based upon that impact, or lack thereof, whether or not the project should be approved. In entering into this Agreement, the parties have not prejudged the potential outcome of the CEQA proceedings, but are reaching accord in the event the plan receives CEQA approval. 16. Notice. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to any party or other person shall be deemed to have been received when personally delivered or seventy -two hours following deposit of the same in any United States Post Office in California, first class, postage prepaid, addressed as follows: City: City of Beaumont 550 E. Sixth Street P.O. Box 158 Beaumont, California 92223 Attn: Dayle Keller, City Manager Tel: (909) 845 -1171 FAX: (909) 845 -8483 District: Beaumont Cherry Valley Water District 560 Magnolia Ave. P.O. Box 2037 Beaumont, California 92223 Attn: Chuck Butcher, General Manager Tel: (909) 845 -9581 FAX: (909) 845 -0159 Either party may change its address for delivery of notice by delivering written notice of such change of address to the other parties. 17. Captions. Captions to Sections of this Agreement are for convenience purposes only and are not part of this Agreement. 18. Severability. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from this remain parts shall remain in full effect as Agreement and the though such invalid or unenforceable provision had not been a part of this Agreement. 6 BBCVWD.3 19. No Third Party Beneficiaries. The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any of this Agreement be construed or make or render the City, the District or the Agency liable to any materialman, supplier, contractor, subcontractor, or purchaser, or for debts or claims accruing to any such persons. Notwithstanding anything to the contrary contained herein or in any document executed in connection with this transaction, or any conduct or course of conduct by any party hereto, before and after signing, this Agreement shall not be construed as creating any claim, right or cause or action against the City, the District, the Agency, or their respective officers, directors, agents, administrators, engineers, consultants, or employees in favor of any materialman, supplier, contractor, subcontractor or purchaser, or the like. 20. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 21. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the matters provided herein. 22. Amendments. This Agreement may be amended or modified only in writing signed by the parties hereto. 23. Exhibits. The following exhibits attached hereto are incorporated into this Agreement by reference. Exhibit Description "A" Map of Project Area "B" Water, Reclaimed Water and Sewer Facilities Description and Budget 24. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. 7 BBCVWD.3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year indicated below. CITY OF BEAUMONT By. DATED: March 8 1993 ATTEST_.., -- (Deputy) By C' Clerk of the City of Beaumont DATED: March 8 , 1993 ATTEST: ' B . Y Name• Title. of �ehe`C_kv of Beaumont SEAUAfo SEAL U 'p re No PRATED NUJ BEAUMONT CHERRY WATER DISTRICT By : �^ Name: Title. BBCVWDS 8 EXHIBIT "A" got all w �H ••I i � • � a IEIJ !/ ii Ad j A � 1 it A tr ss.c ssr ast R EXHIBIT "A" f EXHIBIT "B" WATER, RECLAIMED WATER AND SEWER FACILITIES DESCRIPTION AND BUDGET EXHIBIT "B" BBCVWD.2 BEAUMONT CHERRY VALLEY WATER DISTRICT 1. Imported Sources of Water 2. Master - Planned Potable Water Facilities a. Transmission Mains b. Storage Reservoirs C. Pump Stations d. Reduction Stations e. Production Wells f. Appurtenances g. Master Plans and Facility Design h. Treatment Facilities 3. Master - Planned Reclaimed Water Facilities a. Transmission Mains b. Storage Reservoirs C. Pump Stations d. Injection Wells e. Spreading Basins f. Appurtenances g. Master Plans and Facility Design EXHIBIT "B" BBCVWD.2 EXHIBIT "B" December 8, 2008 pity o, f Beaumont 550 E. 6th Street Beaumont, CA 92223 (951) 769 -8520 FAX (951) 769 -8526 Entail: cityhall @ci, beau mont.ca.its www, ci, beau mo n t. ca. us Board of Directors Beaumont - Cherry Valley Water District 560 Magnolia Avenue Beaumont, California 92223 RE: Recycled Water Project Dear Honorable Board: Please accept and consider these comments with respect to the December 10, 2008 Board Agenda Item Nos. 11 a -c related to the recycled water project. In 1993, the City and the District entered into a Cooperative Agreement which established an unconditional water service agreement for all projects in the City within Community Facilities District No. 93 -1. The Agreement was based upon the commitment by the City and District to jointly and cooperatively fiord the construction of domestic and recycled water facilities through the City's Comprehensive Public Facilities Financing Program (CPFFP) as needed to serve development as set forth in the City's General Plan. The cooperative effort between the City and the District has been an outstanding success by facilitating the construction of master planned water facilities in advance of development. Today, the City and the District can be proud of this effort which has greatly enhanced the delivery of public facilities including construction of millions of dollars in modern wells, transmission mains, storage reservoirs and recharge basins. It has also resulted in the construction of several miles of large diameter recycled water transmission mains which will provide the backbone of the recycled water project and ensure the timely delivery of recycled water for golf course and landscape irrigation and the means to recharge blended recycled water into the Beaumont Storage Unit. When completed, the recycled water project will deliver nearly 8,000 acre feet per year of supplemental water to support the logical and orderly development of the City and help manage water levels in the Beaumont Storage Unit. In 1998, the City and the District entered into a Memorandum of Understanding (MOU) which affirmed the authorization of the City to finance, own and operate the recycled water system. In 2002, the City, District and OV Partners, LP entered into another Memorandum of Understanding which rescinded the 1998 MOU and designated the District as the lead agency to own and operate the recycled water system. In furtherance of the 2002 MOU, the City provided $500,000 from the settlement of the Oak Valley Specific Plan litigation to the District to help fund construction component portions of the recycled water system which are required to serve the Oak Valley project in accordance with the settlement agreement. In consideration of the mutual agreements and obligations of the City and District pursuant to the Cooperative Agreement and the 2002 MOU, including commitments made to the State Regional Water Quality Control Board related to Beneficial Use, the City Manager issued a letter dated June 7, 2007 which affirmed the City's long standing commitment to provide recycled water to the District. Additionally, the City has expanded the capacity of the Beaumont wastewater treatment plant to provide up to 4 million gallons of recycled water a day to the District. In accordance with the District's request of November 4, 2008, the City has begun the process of coordinating the design of the District's recycled water facilities which will be located on the City's wastewater treatment plant property. The City has also helped fund and has participated in the adjudication of the Beaumont Storage Unit, the establishment and operation of the Beaumont Basin Watermaster and the Joint Powers Agreement with the District, Yucaipa Valley Water District and South Mesa Mutual Water Company which has led to the establishment of the San Timoteo Watershed Management Authority and the adoption of the San Timoteo Regional Integrated Watershed Management Program which identifies the recycled water project as a key component. Since 1993, the cooperative efforts of the City and District have been nothing less than extraordinary in terms of the tremendous benefits to the rate payers and to the environment. The efforts have led to the development of a state of the art water system which provides for sustainable growth and development of the City while protecting valuable state and local water resources. The cooperative efforts to secure over $14 Million in State funding to complete the recycled water project is further evidence of the visionary planning and cooperation in this regard. The City strongly encourages the District to move forward quickly with the approval of the project agreement with the State and stands ready to assist the District as needed. In the event the District does not move forward, the City will take all appropriate steps to ensure these vital public funds are not lost and that the recycled water project will be completed in a timely manner. Very truly yours: CITY OF BEAUMONT -6. Brian De Forge Mayor 2 December 12, 2008 C ity of Beaumont 550 E, 6t1i Street Beauinoiit, CA 92223 (951) 769 -8520 FAX (951) 769 -8526 Einail; cityhall @ci.beauiriout.ca.iis www.ci.beawiiont.ca.us Blair Ball, Board President Beaumont - Cherry Valley Water District 560 Magnolia Avenue Beaumont, California 92223 RE: Recycled Water Dear Director Ball: p copy This will confirm the City of Beaumont will make recycled water available to the Beaumont - Cherry Valley Water District's recycled water system and will not charge the District for the water. We look forward to working with you on the recycled water project. Very truly yours; CITY OF BEAUMONT Brian De Forge, Mayor EXHIBIT "C" CITY OF BEAUMONT PROJECT PROGRESS REPORT RECYCLED WATER PROJECT Fund Project Name: BCVWD Recycled Water Project Source: Sew Enterprise Funds Contract December 15, 2009 Contracton: TBD Date: Coast. Budget: TBD Subcontractors: See approved CIP Contractor List A &E Budget: As per approved CIP contractor Project Start Date: February 2006 agreements Report Period: December 2009 i am E---- --- Work Completed During Report Period: Prepared Agreement, attended meetings with the Regional Board, Pass Agency, Flood Control District, STWMA and BCVWD. Problems or Delays During Report Period: No problems or delays. Change Orders: No change orders. Recommendations) for City Council Action: Approve Agreement and provide legal, planning and cngincering support for the BCV WD Recycled Water Project. Report Approved by: Mayor's Signature Date of City Council Approval 1217104 COOPERATIVE AGREEMENT FOR THE UTILIZATION OF RECYCLED WATER AND FOR IWLEMENTING THE "MAXIMUM BENEFIT" OBJECTIVES FOR THE BEAUMONT MANAGEMENT ZONE THIS COOPERATIVE AGREEMENT is made and effective this 4th day of January, 2010, by and between the CITY OF BEAUMONT ("CITY") and the BEAUMONT- CHERRY VALLEY WATER DISTRICT ("DISTRICT'l. The CITY and the DISTRICT are sometimes collectively referred to herein as the "PARTIES". RECITALS A. The CITY operates a publicly -owned wastewater treatment plant pursuant to California Regional Water Quality Control Board Order No. Rg- 2006 -0003, NPDES Permit No. CA0105376 ("the Permit "). A true, correct and complete copy of the Permit is attached hereto as Exhibit "A" and made a part hereof. B. As the result of extensive negotiations with the Regional Water Quality Control Board, the Permit incorporates two sets of Total Dissolved Solids ("TDS") and nitrate- nitrogen objectives that must be achieved by the CITY: the "maximum benefit" objectives and objectives based on historic ambient quality (the "antidegradation" objectives). The maximum benefit objectives are less stringent; however, the application of the "maximum benefit" objectives by the Regional Water Quality Control Board for the Beaumont Management Zone is contingent upon the CITY's commitment to implement a specific water and wastewater resources management program as part of a coordinated effort by Member Agencies of the San Timoteo Watershed Management Authority ("STWMA ") to develop and implement projects that will assure reliable water supplies to meet rapidly increasing demands in the San Gorgonio Pass., The STWMA program entails enhanced recharge of native and recycled water, maximizing the direct use of recycled water, optimizing the direct use of imported water, recharge and conjunctive use. C. Attachment "L" of the Permit is a table which identifies the projects and programs that must be implemented by the CITY to demonstrate that water quality in the Beaumont Management Zone will be maintained consistent with the "maximum benefit" objectives. The PARTIES acknowledge and agree that if the Regional Water Quality Control Board determines that the projects and programs listed in Attachment "L" are not being implemented effectively in accordance with the schedule shown in Attachment "L ", then the "antidegradation" objectives for TDS and nitrate - nitrogen will be implemented, which will require extensive and expensive mitigation for TDS and nitrate - nitrogen discharges that tools place in excess of limits based on the "antidegradation" objectives. D. The CITY is presently constructing, and will soon be completing, certain improvements to its wastewater treatment plant that will facilitate production of recycled water meeting state health requirements imposed under Title 22 of the California Code of Regulations (hereafter referred to as the "Recycling Plant"). The Recycling Plant presently produces 3 million gallons per day ("mgd") with a potential for expansion to its ultimate capacity of 8 mgd ("the Recycled Water"). E. The DISTRICT is constructing a non - potable water distribution system and desires to utilize the Recycled Water for direct delivery to end users for irrigation (such as golf courses, parks and other open space) and for groundwater recharge in the Beaumont Basin. The DISTRICT has expressed its intent to utilize the Recycled Water for direct delivery to end users for irrigation (such as golf courses, parks and other open space) and for groundwater recharge at its facilities in Noble Creek (the "Recharge Facilities"). F. Although the use of Recycled Water will increase the reliability of the water supply, it is not without cost. As compared to groundwater quality in the Beaumont Basin, Recycled Water has a higher content of nitrogen, salts and other constituents that, over time, will degrade the water quality in Beaumont Basin The CITY and the DISTRICT acknowledge and agree that such impacts can be managed, provided that such management is cooperative in nature. G. The PARTIES have acknowledged and agreed, after extensive discussions and negotiations concerning the utilization of the Recycled Water that, as consideration for such utilization, the DISTRICT and the CITY will, by this Agreement and by future agreement(s) (as needed) between the PARTIES, jointly implement the projects and programs specified herein which are intended to achieve compliance with the "maximum benefit" objectives of the Permit, The PARTIES acknowledge and agree that if the "antidegradation" objectives are required to be met by the CITY, the impact on the CITY, the DISTRICT and their respective constituents will be substantial and unacceptable. But for the PARTIES' mutual agreement in this regard, they would not have entered into this Agreement. AGREEMENT NOW, THEREFORE, the PARTIES agree as follows: 1. Formation of the Technni 1, Oversight Committee. To ensure the most optimal operation of the Recycling Plant in order to maximize its benefits and to meet its legal obligations, there is hereby established the "Technical Oversight Committee ", consisting of one knowledgeable representative appointed by each PARTY. Each representative shall serve as a member of the Committee at the appointing PARTY's pleasure and expense. The Committee shall meet at such times and places as its members may agree upon. The primary purpose of the Committee shall be to oversee the operations of the Recycling Plant and the implementation of the projects and programs contemplated by this Agreement, and to develop and refine parameters, processes and procedures needed to maximize the effectiveness of the Recycling Plant in a manner that will achieve the "maximum benefit" objectives of the Permit. 2. C000erntive Commitment: The CITY and the DISTRICT acknowledge and agree that water quality impacts are the result of the CITY's and the DISTRICT's respective 2 activities in the provision of water and sewer services in the DISTRICT's, and CITY's service areas. The PARTIES further acknowledge and agree that if the reliability of available water supplies is to be protected and enhanced, they must cooperatively implement best management practices and strategies in the following areas: a. The PARTIES agree to share responsibility for their respective, proportionate, unpacts on water quality, b. The PARTIES agree to the cooperative development, implementation and funding of facilities necessary to protect and enhance water quality; and C. The PARTIES agree to the preparation and implementation of a long -term cooperative strategy to proactively develop, implement and fund projects and programs that will serve to successfully manage increasingly- stringent water quality regulations. 3. _Term. The initial term of this Agreement is for a period of 20 fiscal years commencing July 1, 2010, which term shall automatically be renewed without further notice in 10 -year increments unless terminated by mutual agreement of the Parties. 4. QbUgatiaas to Deliver and to Take Denyerv. The CITY hereby obligates itself to deliver to the DISTRICT as much Recycled Water as can be diverted from discharged to Coopers Creek without adversely affecting the riparian resources therein. The DISTRICT hereby obligates itself to accept the delivery of all of the delivered Recycled Water. It shall be the goal of the PARTIES, as expressed in these mutual obligations, to avoid discharging any Recycled Water to Coopers Creek, except as may be necessary to maintain the riparian resources therein. 5. Points) of Delivery: Title to Recycled 'Water. The Point(s) of Delivery for Recycled Water shall be determined by mutual agreement of the PARTIES. All service connection(s), including valves, pipes, meters and other equipment required, shall be installed, or caused to be installed, by the DISTRICT at its cost and expense. Each service connection, including the metering instruments and the vault therefor, shall be the property of the DISTRICT and shall be operated, maintained and controlled by the DISTRICT. Title to the Recycled Water shall pass from the CITY to the DISTRICT at the Point(s) of Delivery. b. Water Ouality Proteet%n, a. production: The Permit requires that salt, nitrogen and Other water quality impacts in the Beaumont and San Timoteo Basins be mitigated, and that water quality in the Beaumont Basin be maintained at or below 330 milligrams per liter (`Jng/i") of total dissolved solids CTDS") and 400 mg/1 TDS in the San Timoteo Basin. The CITY and the DISTRICT acknowledge and agree that the TDS concentration in the Recycled Water is the result of four primary factors: (i) the IDS concentration in the potable source water (that is, the water the DISTRICT delivers to its customers who are tributary to the CITY's Recycling Plant), (ii) the increment of IDS added to that water by consumers within the CITY and subject to CITY ordinances that regulate the discharge of wastes to the CITY's sewer system, (iii) the increment of TDS added to the Recycled Water by treatment at the CITY's wastewater reclamation and Recycling Plant, and (iv) the increment of TDS added by non - tributary wastewater received by the CITY at the Recycling Plant (e.g -, septage). b. Mataal Water OmW Obli¢ations: The PARTIES acknowledge and agree that the "maximum benefit" objectives can only be met, and are on dependent upon, the quality of the DISTRICT's sources of water, including imported water and conjunctive use water, the quality of the influent to the Wastewater Treatment Plant, and the quality of the operation of the Recycling Plant. Therefore, to ensure that the °maximum benefit" objectives in the Beaumont Management Zone are met, the PARTIES agree as follows: (1) The CITY's Water QUft-QbUUkW The CITY shall, at its expense, adopt, implement and enforce all regulations necessary to minimize the minerals addition of to its sewer system by dischargers. In addition, the CITY shall take all actions necessary to minimize the addition of minerals to the wastewater stream as it is being processed to and through the Recycling Plant. Accordingly: L The CITY shall maintain a 12 -month running average TDS increment of 174 milligrams per liter or less. The TDS increment is the difference between the TDS concentration in the DISTRICT'S influent and the TDS concentration in the Recycled Water. ii. The Recycled Water produced by the CITY shall, at all times, meet all regulatory requirements for irrigation uses in accordance with Title 22 of the Califomia Code of Regulations and the Permit. (2) The pjg= CT's Wader Onality ObUati us-. The DISTRICT Shall, at its expense, manage and operate its water supplies to minimize the addition of minerals to the surface water and groundwater of the Beaumont Management Zone. Accordingly: L The DISTRICT shall maintain a 12- month running average TDS increment of 230 milligrams per liter or less. The TDS increment is the difference between the average TDS concentration in the DISTRICT'S source water and the influent to the CITY' S wastewater treatment plant. & The DISTRICT's use of Recycled Water for irrigation in the Beaumont Basin shall be limited to the amount that can be blended on a volume - weighted basis with other water sources to achieve a ten-year running average concentration of less than 330 milligrams per liter for TDS, and an average concentration in the San Timoteo Basin of less than 400 milligrams per liter for TDS. 4 iii. The DISTRICT's use of Recycled Water for recharge in the Beaumont Management Zone shall be limited to the amount that can be blended on a volume - weighted basis with other water sources to achieve a 5 -year running ring average concentration less than or equal to the "maximum benefit" objectives for the Zone. (3) Mutual Water Quality Obi es: L Exchange of•TDSMN Information: Each PARTY shall provide the other with estimates of the monthly TDS and total inorganic nitrogen (TIN) concentrations for use in planning for compliance with the "maximum benefit" objectives. ii. procedure for Resolution of Exceedences: In the event it appears to either PARTY that it cannot, or will not, be able to comply with the obligations set forth in subparagraphs 6.b.(1) and 6.b.(2) above, then the Technical Oversight Committee shall promptly meet to discuss the implementation of adjustments to the appropriate operational parameters. Agreed -upon adjustments shall be reduced to writing in the form of an amendment to this Agreement or a Memorandum of Understanding. 7. New Potable Water Supply in the BORDEN# Basin. The CITY and the DISTRICT acknowledge and agree that the Beaumont Basin will, as the result of the use of Recycled Water for irrigation and for recharging the Beaumont Basin, will yield a new potable supply of water, as follows: a. Direct Delivery #or IrdM11on: The direct delivery of Recycled Water for irrigation at, for example, the Oak Valley PGA Golf Course, the Oak Valley Greens Golf Course and the other entities with an overlying water right identified in Exhibit "B" of the judgment adjudicating the Beaumont Basin (San Timoteo WatmVwd Management Authority-v. City of Banning, etc., et al., Riverside Superior Court Case No. RIC 389197) ("the judgment'), will result in a substantial reduction of the use of potable groundwater pumped for irrigation. For purposes of this exchange, the PARTIES agree that one acre foot of Recycled Water supplied to the overlyers will make available one new acre foot of potable groundwater. b. Groundwater erne: Recharging the Beaumont Basin with Recycled Water will enhance water supply reliability by "increasing" the supply of groundwater. The PARTIES agree that one acre foot of recharged Recycled Water will make available one new acre foot of potable groundwater. C. &Muntimu¢ and ADw -r-d nment of New Yield• The PARTIES agree that the Beaumont Basin Watermaster shall maintain an accounting of all new yield in the Beaumont Basin as a result of the direct and indirect deliveries described in subparagraphs a and b above, and that all such new water shall be credited to the account of the CITY; provided, however, the DISTRICT shall have the right to use such new yield to the extent the CITY has not otherwise designated its use. & Cooaemtive Development of TDS M06ea6m Fandin Pamme. Upon approval of this Agreement by the PARTIES, the CITY and the DISTRICT, through the San Timoteo Watershed Management Authority ("STWMA") and/or the Beaumont Basin Watermaster, shall cooperatively develop a "IDS Mitigation Fee" for the purpose of funding facilities needed to reduce the concentration of IDS in the Beaumont Basin and San Timoteo Basin in accordance with the California Regional Water Quality Control Board Order No. Rg- 2004 -0001 and all subsequent permits issued for the operation of the wastewater reclamation plant (the "Order"), as follows: a. The IDS Mitigation Fee shall be based on the mass of salt expressed in tons; b. The total of the Fee shall be apportioned as follows: the CITY shall be responsible for that portion of the Fee related to the TDS Increment, and the DISTRICT shall be responsible for that portion of the fee related to the IDS concentration in excess of the Maximum Benefit -Based Beaumont Management Zone TDS Objective established in the Order for the Beaumont Basin and San Timoteo Basin; C. The Fee shall be instituted by separate agreement between the PARTIES, to be made no later than December 31, 2010, in order to begin the process of levying and collecting such Fee by January 1, 2011. The amount of the Fee shall be reviewed periodically to ensure its sufficiency to fund facilities. Fees shall be deposited into a trust fund separately maintained for that purpose by the DISTRICT (the "IDS Mitigation Trust Fund"), for use by the DISTRICT at such time as a salt removal obligation is imposed by the Regional Water Quality Control Board pursuant to the Order or for other TDS mitigation programs as may otherwise be mutually agreed upon by the PARTIES; and d. The PARTIES acknowledge and agree that mitigation of TDS is not solely their responsibility. Other members of STWMA and the Watermaster are also responsible parties. Therefore, the CITY and the DISTRICT pledge to take such steps as may be necessary to cause STWMA to develop a TDS Mitigation Fee Program applicable to all members of STWMA. 9. Coonerative Development of Future hyliglAon Funding Pro¢ram. The PARTIES acknowledge and agree that, in tune, increasingly- stringent regulatory requirements will necessitate still more advanced water treatment projects and programs. In view of the efficiencies that can be realized in a cooperative effort, the PARTIES, therefore, hereby express their mutual desire and commitment to jointly exercise their best efforts to develop and implement projects and programs that satisfy such requirements. 18. Moaitorina Obtiaations and Inveatbrations. The Permit obligates the CITY to perform certain monitoring programs and investigations. In exchange for Recycled Water, the 6 DISTRICT proposes to satisfy such obligations on behalf of the CITY. Therefore, the DISTRICT agrees, at its cost and expense (and subject to reimbursement as provided in subparagraph f.(ii) below): a. Surface Water Monitories Program: To fund the surface water monitoring program described in the Permit for San Timoteo, Little San Gorgonio and Noble Creeks that is presently being conducted by STWMA. Six months of data shall be collected prior to implementing any changes to the effluent discharge points and before any Recycled Water is used in the Beaumont Management Zone. At a minimum, the surface water monitoring program shall include the collection of monthly measurements of IDS and nitrogen components at locations in the above- mentioned Creeks, and data reports submitted to the CITY and to the Regional Water Quality Control Board by April 15, July 15, October 15 and January 15 of each year. An annual report summarizing all data collected for the year and evaluating compliance with relevant surface water objectives shall be submitted by April 15 of each year. b. Groundwater Monitories Program: To fund the groundwater monitoring program that is presently being conducted by STWMAS to determine the ambient water quality in the Beaumont Management Zone. An annual report, including all raw data and summarizing the results of the approved groundwater monitoring program, shall be submitted to the CITY and the Regional Water Quality Control Board by April 15 of each year. C. Ambient Groundwater Ouality Determination: Commencing July 1, 2010, and every three years thereafter, the DISTRICT shall submit to the CITY and the Regional Water Quality Control Board determination of ambient IDS and nitrate - nitrogen quality in the Beaumont and San Timoteo Management Zones. This determination shall be accomplished by using methodology consistent with the calculation (20 -year running averages) used by the Nitrogen/IDS Task Force to develop the IDS and nitrate- nitrogen "antidegradation7 water quality objectives for the Beaumont Management Zone. d. Wastewater OuAft Within 120 days after the CITY's treatment plant effluent concentration for IDS equals or exceeds 470 milligrams per liter for three consecutive months, or the TIN concentration equals or exceeds 4 milligrams per liter in any month, the Technical Oversight Committee shall develop (or cause to be developed), with funds provided under subparagraph f(ii) below, a plan and time schedule for the implementation of measures to ensure that the average wastewater effluent quality does not exceed 490 milligrams per liter and b milligrams per liter for IDS and TIN, respectively. e. Relokn ..tom Timoteo Creek Discharse• Thy PARTIES have determined that eliminating the discharge of treated wastewater to the San Timoteo Creek will improve water quality in San Timoteo Creek and supplement the DISTRICT'S water supplies. Therefore, within 180 days of the effective date of this Agreement, the Technical Oversight Committee shall, subject to reimbursement as provided in 7 subparagraph f (n) below, submit (or cause to be submitted) to the Regional Water Quality Control Board a proposed plan and schedule to remove or substantially reduce the discharge of treated wastewater to the San Timoteo Creek except for a limited amount needed to support existing riparian habitat. L Desalter and Brine Disposal Facilities: The PARTIES acknowledge and agree that, at some future date, desalting facilities and brine disposal facilities will be necessary in order to meet water quality objectives for the Beaumont and San Timoteo Management Zones. The Permit presently requires such facilities when the five -year running average TDS concentration in the Recycled Water exceeds 480 milligrams per liter, or when the volume- weighted TDS concentration in the Beaumont Management Zone equals or exceeds 320 milligrams per liter. The estimated cost of such facilities is $50 million (2006 dollars). Therefore, within 180 days of the effective date of this Agreement, the Technical Oversight Committee, subject to reimbursement as provided in subparagraph f.(ii) below, shall: (i) Develop and submit, to the CITY, the DISTRICT and to the Regional Water Quality Control Board, a plan and schedule to construct and operate the desalting facilities and brine disposal facilities, and to thereafter review and update the plan at least every five years or more frequently; and (ii) Develop, for adoption and collection by the DISTRICT, a new component of the DISTRICT's potable and non potable water rate structure for the purpose of obtaining the funds needed to construct the desalting and brine disposal facilities when they are needed and to fiend the facilities, projects and programs contemplated by this Agreement The funds shall be placed in a restricted, interest - bearing account for the purposes expressed herein, to be administered and accounted for by the Technical Oversight Committee. The Technical Oversight Committee shall annually evaluate the potable and non- potable water rate structure to ensure that sufficient funds are collected. 11. MutualIndenudfieadon. a. CITY's Obltation to Indemnify the DISTRICT: The CITY shall defend, indemnify and hold the DISTRICT five and harmless from any and all claims, causes of action, obligations, losses, liabilities, judgments, damages, fines and penalties, including reasonable attorneys' fees and costs of litigation (collectively "Claims") relating to the CITY's obligations described in this Agreement. In the event the DISTRICT is made a party to any action, lawsuit or other adversarial proceeding in any way involving such Claims, the CITY shall provide a defense to the DISTRICT. b. DISTRICT'S Obligation to Indemnify the CITY: The DISTRICT shall defend, indemnify and hold the CITY free and harmless from any and all claims, causes of action, obligations, losses, liabilities, judgments, damages, fines and penalties, including reasonable attorneys' fees and costs of litigation (collectively "Claims') relating to the DISTRICT's obligations described in this Agreement. In the event the 8 CITY is made a party to any action, lawsuit or other adversarial proceeding in any way involving such Claims, the DISTRICT shall provide a defense to the CITY. 12. Dispute Resoln920 -- Any dispute which may arise under this Agreement shall be submitted to binding arbitration. Arbitration shall be conducted by the San Bernardino/Riverside Panel of the Judicial Arbitration and Mediation Services, Inc., or such other arbitration service that the PARTIES agree to in writing, in accordance with its rules in effect at the time of the commencement of the arbitration proceeding, and as set forth in this Section. The arbitrator must decide each and every dispute in accordance with the laws of the State of California, and all other applicable laws. Reasonable discovery may be conducted in the arbitration proceeding pursuant to Section 1283.05 of the Code of Civil Procedure. Unless the PARTIES stipulate to the contrary, prior to the appointment of the arbitrator, all disputes shall first be submitted to nonbinding mediation, conducted by the Judicial Arbitration and Mediation Services, Inc., or such other mediation service that the PARTIES agree to in writing, in accordance with its rules and procedures for such mediation. In the event of any litigation or arbitration between the PARTIES to enforce any of the provisions of this Agreement or any right of any PARTY hereto, the unsuccessful PARTY to such litigation or arbitration agrees to pay to the successful PARTY all costs and expenses, including reasonable attorneys' fees, incurred therein by the successful PARTY. IN WITNESS WHEREOF, the PARTIES have executed this Agreement on the date first above written. CITY OF BEAUMONT Dated: By Mayor Dated: BEAUMONT- CHERRY VALLEY WATER DISTRICT 0 President of the Board of Directors 9 ---------~~~~~~~~~- x� STAFF REPORT Agenda Item 4 • V TO: Mayor and Council Members FROM: Department of Public Works DATE: December 6, 2011 SUBJECT: Award Contract for Bridge and Street Improvements along Brookside Ave between Oak View Drive and Beaumont Avenue. Background, and Analysis: On August 31, 2011, the City advertised for public bids for Bridge and Street Improvements along Brookside Ave between Oak View Drive and Beaumont Avenue. Sealed bids were received and opened in public on November 22, 2011. Four companies participated in the bidding process. The apparent lowest responsive bid was submitted by Christensen Brothers General Engineering Inc. in the amount of one million seven hundred and fifty two thousand four hundred and forty one dollars and twenty five cents ($1,752,441.25). A copy of the list of bids is attached. Fiscal Impact: There is no impact on the General Fund. funds and $600,000 which will be paid by the accordance with a cost sharing agreement. Recommendation: The project will be funded from transportation School District towards the improvements in Staff recommends that the City Council 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 authorization of the Mayor to execute the Project Progress Report. Aran C. Ia City Manager CITY OF BEAUMONT PROJECT PROGRESS REPORT Source of Transportation Funds Project Name: Bridge and Street Improvements along Funds: Brookside Avenue between Oak View Drive and Beaumont Avenue Contract December 2011 Contractors: Christensen Brothers General Engineering Date: I Inc. Coast. Budget: $1,752,44125 A &E Budget: $123,308. Project Start Date: August 2011 ilm - Report Period: December 2011 I -- - --- - -- --- I Work Completed During Report Period: • Prepared plans, Specifications and Contract documents, bid analyses Problems or Delays During Report Period: *No delays Change Orders: • No Change Orders Recommendation(s) for City Council Action: Approve and authorize staff, qualified and approved contractors to complete the work. Approved and authorized by: Mayor Signature Date of City Council Approval City of Bectunio t E. 6rh 5n -rc°r 8ca nrrnrrt, (.A 02221' (951) A;9 5520 FAX (951) 761) - '5J(, Email: us LI�'11r11! 1 "i.1?e ti rl rrit}I ! r. c ii. l lS DATE: November 22, 2011 PROJECT: BRIDGE and STREET IMPROVEMENT along BROOKSIDE AVENUE SUBJECT: BID COMPARISON BROOKSIDE Avenue STREET IMPROVEMENT & ARCH BRIDGE CULVERT BIDDERS DESCRIPTION & OPTION CHRISTENSEN BROTHERS EBS ENGINEERING ANCHOR ENGINEERING LOS ANGELES ENGG BASE BID- IMPROVE BROOKSIDE $ AVE & PARTIAL WIDTH OF 1,467,623.07 $ 1,496,677.00 $ 1,663,791.90 $ 2,068,977.50 OPTION 1- IMPROVE BROOKSIDE $ AVENUE IN FRONT OF PARK 110,703.73 $ 101,606.00 $ 113,423.25 $ 104,680.00 OPTION 2- CONSTRUCT ACCESS $ 67,227.54 ROAD AND REMOVE $ 50,800.00 $ 59,110.36 $ 75,000.00 OPTION 3- CONSTRUCTARCH $ 106,886.91 $ CULVERT BRIDGE FULL WIDTH 150,879.00 $ 137,779.00 $ 112,537.50 TOTAL BID PRICE $ 1,752,441.25 $ 1,799,962.00 $ 1,974,104.51 $ 2,361,195.00 Bridge & Street Improvement along Brookside Ave. (File No. 1896 & 1902) Beaumont City Contract No. AGREEMENT THIS AGREEMENT is entered into at Beaumont, California as of the date set forth below is between City of Beaumont hereafter called "City" and Christensen Brothers General Engineering, Inc. hmz$er called "Contractor ". WITNESSETH RECITALS: 1. Contractor has submitted to City his Contractor's Proposal for the construction of City Project BRIDGE and STREET IMPROVEMENT along BROOKSIDE AVENUE Between Oak View Drive and Beaumont Avenue (File No. 1896) in strict accordance with the Contract Documents identified below and City has accepted said Proposal. 2. Contractor states that he has reexamined his Contractor's Proposal and found it to be correct, has ascertained that his subcontractors are properly licensed and possess the requisite skill and forces, has reexamined the site and Contract Documents and is of the opinion that he can presently do the work in accordance with the Contract Documents for the money set forth in his Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: Contract DocumenI.I. The entire contract consists of the following: (a) The Agreement, (b) The Notice Inviting Bids, (c) The Instruction to Bidders, (d) The Contractor's Proposal, (e) The Bid Bond, (f) The Payment Bond, (g) The Performance Bond, (h) The General Conditions, (i) The Special Provisions, 0) The Standard Specifications of the State of California Department of Transportation edition of May 2006 as modified in other portions of the Contract Documents, (k) The Standard Plans of the Department of Transportation identified on the plans or in the Special Provisions, (1) The Plans, File Number 1896 and 1809 -A (m) Addenda No.l - s (n) The Determination of Prevailing Wage Rates for Public Work, (o) Any Change Orders issued, and (p) Any additional or supplemental specifications, notice, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are herein incorporated by reference with like effect as if here set forth in full and upon the proper issuance of other documents they shall likewise be deemed incorporated. Specs & Contract BRIDGE and STREET IMPROVEMENT along BROOKSIDE AVENUE (File No. 1896) Page 18 of37 The Bid Bond is exonerated upon execution of this Agreement and the Payment Bond and Faithful Performance Bond. 4. The Work. Contractor shall do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents. 5. Liquidated Damages and Time of Completion. Attention is directed to the provisions in Section 8 -1.06, "Time of Completion ", and in Section 8 -1.07, "Liquidated Damages ", of the Standard Specifications and these Special Provisions. The Contractor shall begin work within 10 days of the date stated within the written "Notice to Proceed." Contractor shall complete this project within one hundred fifty (150) working days. The Contractor shall notify the Engineer, in writing, of his intent to begin work at least 72 hours before work is begun. The notice shall be delivered to the Public Works Department's Construction Manager and shall specify the date the Contractor intends to start. If the project has more than one location of work, a separate notice shall be given for each location. Should the Contractor begin work in advance of receiving a written "Notice to Proceed ", any work performed by him in advance of the date stated in the "Notice to Proceed" shall be considered as having been done by him at his own risk and as a volunteer and subject to the following: (a) The Contractor shall, on commencing operations, take all precautions required for public safety and shall observe all the provisions in the Specifications and the Special Provisions. (b) All work done according to the contract prior to the issuance of the "Notice to Proceed ", will be considered authorized work and will be paid for as provided in the contract. (c) The Contractor shall not be entitled to any additional compensation or an extension of time for any delay, hindrance or interference caused by or attributable to commencement of work prior to the issuance of the "Notice to Proceed ". Compensation. Contractor shall be paid in the manner set forth in the Contract Documents the amount of his Proposal as accepted by City, the above rates, subject to additions and deductions as provided in the Contract Documents. Said Proposal is on file in the Office of the City Clerk of the City of Beaumont. 7. CONTRACTOR'S RESPONSIBILITIES FOR REMOVAL, RELOCATION AND PROTECTION OF PUBLIC UTILITIES. Because existing main or trunkline utility facilities at the construction site have been identified in the plans and specifications which are a part of the invitation for bids, contractor is contractually and financially responsible and liable for the timely removal, relocation and protection of the existing main or trunkline utility facilities and contractor is further responsible and liable for the coordination of such removal, relocation and protection of the existing main or trunkline utility facilities with the utility or utilities owning or operating such main or trunkline utility facilities. Because the location of the existing utility service laterals and appurtenances can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes on or adjacent to the public works construction site, contractor is contractually and financially responsible and liable for the timely removal, relocation and protection of such utility service laterals and appurtenances and contractor is further responsible and liable for the coordination of such timely removal, relocation and Specs & Contract BRIDGE and STREET IMPROVEMENT along BROOKSIDE AVENUE (File No. 1896) Page 19 of 37 protection of such utility service laterals and appurtenances with the owner and /or operator of such utility service laterals and appurtenances. t The City shall not be responsible or liable for any delay or costs associated with the removal, relocation and protection of any main or trunkline utility facilities or any utility service laterals and appurtenances. 8. CONTRACTOR'S RESPONSIBILITIES FOR WASTEWATER AND STORMWATER RUNOFF PREVENTION AND MITIGATION: Contractor shall be solely responsible for the prevention of, and mitigation against, wastewater and stormwater runoff from the construction site which is the subject matter of this Agreement. Contractor shall ensure that no wastewater and stormwater runoff flows are released or escape from the construction site. Any wastewater and stormwater runoff that accumulates at the construction site shall be contained by the Contractor at the site, and, if necessary, shall be disposed of by the Contractor in accordance with all applicable laws governing the discharge and disposal of wastewater and stormwater runoff. To the extent that any such flows do escape or are released from the construction site Contractor shall be responsible and liable for all claims, lawsuits, damages, fines and penalties that may be sought or assessed against the City or the Contractor and the Contractor shall indemnify and hold harmless the City from any and all such damages, fines, penalties and attorneys' fees that may be assessed or incurred by the City in connection with such wastewater and stormwater runoff flows. IN WITNESS WHEREOF the parties hereto have executed this agreement as of the date set forth below. CITY OF BEAUMONT CONTRACTOR BY BY City Mayor Dated TITLE: President (If Corporation, Affix Seal) ATTEST: ATTEST: City Clerk BY TITLE: Secretary Deputy ' +City" "Corporation" (Seal) (Seal) Specs & Contract BRIDGE and STREET IMPROVEMENT along BROOKSIDE AVENUE (File No. 1896) Pape 20 of 27 S MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: COMMUNITY AND ECONOMIC DEVELOPMENT DEPT. AGENDA DATA: DECEMBER 6, 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. Respectfully Submitted, Rebecca Deming Director of Planning 6vL RESOLUTION NO. 2011- 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- Page 2 Leadership in Energy and Environmental Design ( LLEDTM) 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 - 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 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF BEAUMONT ATTEST: City Clerk BRIAN DEFORGE, Mayor