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HomeMy Public PortalAboutAgendas - Mar. 01, 2011Agenda Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority Beaumont Charitable Foundation Beaumont Conservation Authority 550 E. 6th Street, Beaumont, California Regular Session (6:00 p.m.) Closed Session (after Regular Session) Tuesday, March 1, 2011 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's office at 550 E. 6`h Street during normal business hours" REGULAR SESSION 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: Mark Stamper — New Creation Church Pledge of Allegiance: Girls Scouts Presentation: Presentation Mickey Valdivia — BCVR &P Dist. Adjustments to Agenda: ORAL AND WRITTEN COMMUNICATIONS: Anyone wishing to address the City Council on any matter not on the agenda of this meeting may do so now. The oral communications portion of the agenda is to hear public comments. Anyone wishing to speak on an item on the agenda may do so at the time the Council considers that item. All person(s) wishing to speak must fill out a "Request to Speak Form" and give it to the City Clerk at the beginning of the meeting. The forms are available on the table at the back of the room. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. 1. COUNCIL REPORTS (This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel) a) Mayor De Forge b) Mayor Pro Tern Berg C) Council Member Castaldo d) Council Member Fox e) Council Member Gall 2. CITY MANAGER REPORTS (City of Beaumont Core Values: Treat everyone right, Keep a customer service focus; Effective communication; Present opportunity; Operate like a great business; Eliminate bureaucratic solutions; Embrace positive change) a. Beaumont Charitable Foundation (made up of donations from citizens, employees and contractors) 1) Update on Murder Mystery b. Community Information and Local Project Update 1) Financial Updates a) Budget Update 2) Beaumont Redevelopment Agency 3) Sustainability b. Calendar of Events 1) March 4, 2011 — San Gorgonio Memorial Hospital 60th Anniversary 2) March 13, 2011 — Daylight Savings Time Change 3) April 9, 2011 — Mardi Gras Event (fundraiser for MDA) 4) April 16 & 17, 2011 — Baker to Vegas (MDA Police Run) 5) April 30, 2011 — Horse Shoe Tournament (fundraiser for MDA) 6) 1 st Wednesday of each Month — Beaumont Care Awareness Team 7) Second and Third Wednesday of Each Month — Story Time Cafe C. Rumor Control, and Report on Oral and Written Communications 1) Update on guard rail placement — North end of Elm Avenue 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 February 15, 2011 C. Approval of the Warrant List for March 1, 2011 d. Approval of 3rd Annual Breezin' Through Beaumont 5K/10K walk/ run and road race and street closure. e. Denial of Claim — Natalie Rosales f. Approval of Resolution No. 2011 -02 — Promotes Healthy Lifestyles and Communities. g. Approval of the Fourth Amendment and Restated Joint Exercise of Powers Agreement Creating the Western Riverside County Regional Conservation Authority. h. Adoption of Resolution No. 2011 -04 and Resolution No. 2011 -05 related to City of Beaumont Bikeway & Pedestrian Master Plan and Grant Application for Bicycle Transportation Account Grant Funding. i. Adoption of Ordinance No. 988 at its 2nd reading by title only — An Ordinance of the City Council of the City of Beaumont, California, Adding Chapter 2.30 of the Beaumont Municipal Code Entitled, Establishing the "Board of Administrative Appeals" j. Adoption of Ordinance No. 989 at its 2 "d reading by title only — An Ordinance of the City Council of the City of Beaumont, California, Amending Chapter 17.03.130 of the Beaumont Municipal Code "Sixth Street Overlay". k. Adoption of Ordinance No. 990 at its 2nd reading by title only — An Ordinance of the City Council of the City of Beaumont, California, Amending Chapter 17.03.130 of the Beaumont Municipal Code "Urban Village Specific Plan Overlay ". I. Approval of Destruction of Records per Resolution No. 2010 -32. 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 Adopting the Recycled Water Facility Fee (continued from August 17, 2010, September 21, 2010, and December 7, 2010) Recommendation: Hold a Public Hearing and approve the 1St reading of Ordinance No. 972, Approve the Project Progress Report, and Authorize the Mayor to execute the Project Progress Report. b. Ordinance to Prohibit Medical Marijuana Dispensaries or, in the alternative, to Regulate Dispensaries Ordinance No. 987 — An ordinance of the City Council of the City of Beaumont Adding Chapter 17.15 to Title 17 (Zoning) of the Beaumont Municipal Code to Prohibit the Establishment and the Operation of Medical Cannabis Cooperative and Collectives in the City; or, in the Event a Ban is Held Unlawful by the Judiciary, to Regulate the Establishment of Cooperatives and Collectives Ordinance No. 991 — An Ordinance of the City Council of the City of Beaumont Amending Title 5 of the Beaumont Municipal Code by Adding Chapter 5.63 Regarding Medical Cannabis Dispensaries Recommendation: Hold a Public Hearing and Approve the first reading of Ordinance No. 987 and 991 as presented. C. Resolution to Provide Traffic Enforcement in Four Seasons Community Recommendation: Hold a Public Hearing and Adopt Resolution No. 2011 -03 as presented. d. General Plan Amendment No. 11- GPA -01, Zone Change No. 11 -RZ -01 (Ordinance No. 991 & Resolution No. 2011 -06), Proposed Rezoning of a 0.14 Acre parcel located at 630 California Avenue. Applicant: Rocky Dilucchio Recommendation: 1) Hold a Public Hearing; 2) Adopt Resolution No. 2011 -06 for General Plan Amendment No. 11- GPA -01 to change the General Plan land use designation of Residential Single Family (R -SF) to Commercial General (CG); and 3) Approve the 1St reading of Ordinance No, 991 to rezone the property from Residential Single Family (R -SF) to Commercial General (CG). 5. WORKSHOP a. Budget 1) Decision Packets 2) Contract Review 6. CLOSED SESSION Closed Session to begin after regular session Place: City Manager Conference Room a. Pursuant to Government Code Section 54956.9(b) - Anticipated Litigation — Conference with Legal Counsel — Significant Exposure to Litigation 1) One Zoning Case b. Pursuant to Government Code 54956.9 (a)— Existing Litigation 1. Peters vs. City — Case No. RIC 467388 2. Western Riverside Council of Governments vs City of Beaumont RIC 536164 3. Cashmer vs. RIC 541427 4. Outdoor Media Group vs City 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 "N SANGORGONIO MEMORIAL HOSPITAL Past Present C • k'' Future 1951, 2011 Please join us for a community event in of our 60th anniversartol Friday, March 4, 2011 4:00 pm- 6:00 pm 600 N. Highland Springs Avenue North Parking Lot off Wilson Street Please note that parking will be limited. Our North parking lot will be closed that day, but our local businesses are working with us for overflow parking. ��U i t , 13I4 � i' c" 4S t I iY n r '0 i �O VA eve hV fxom' trQ: theent .. ,: . wt a E' 3 rllf''t?� + l iVeTSq W1 1 it pa Cl(3i C CM e For more information, contact Lynn Gomez at Igomez @sgmh.org .9itopy r1ine Gafe 2nd and g Of eves IOwn ,b u 1.610 X. 2j2d.0 _ /V U C..• Sit back and enjoy a cup of coffee while local police, fire and public safety personnel read classic children's books, lead sing -a -longs and games. This event is hosted by the Beaumont Library. Minutes Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority 550 E. 6th Street, Beaumont, California City Council Workshop (4:00 p.m.) Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Tuesday, February 15, 2011 REGULAR SESSION CALLED TO ORDER: 6:00 p.m. Roll Call: Mayor De Forge, Mayor Pro Tern Berg, Council Members Gall and Council Member Castaldo were present. Council Member Fox was excused. Invocation: Paul Newell - Church for Family Pledge of Allegiance: Cub Scouts - Richard Becker Presentation: Winter Storm Update was presented by Mitch White - OES Dept. Adjustments to Agenda: None Oral and Written Communications: Victor Dominguez - Complaint filed by ULC against BCRG Debbie Schaeppi - Would like to have a guard rail put in near property due to frequent accidents on upper Elm Avenue 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 - Spaghetti Bowl, BCVWD, Mormon Church would like to hold a day of helping in the community, Washington DC Trip Update, FBI Academy Visit. b) Mayor Pro Tern Berg - WRCOG Update, RCA Update, RTA Update c) Council Member Castaldo - Chamber of Commerce Good Morning Breakfast, Rotary Spaghetti Bowl, School Board Meeting, BCVWD Meeting, Chamber of Commerce Mega Mixer. d) Council Member Fox - Excused due to illness in family e) Council Member Gall - School Board Meeting, Passcom Update, Request that the ULC Contract be placed on the agenda for the next meeting. 1. 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. Community Information and Local Project Update 1) Financial Updates a) Budget Update b. Calendar of Events 1) February 19, 2011 — Murder Mystery Dinner for MDA 2) March 13, 2011 — Daylight Savings Time Change 3) March 19, 2011 — Saturday Budget Workshop (Tentative) 4) April 9, 2011 — Marti Gras Event (fundraiser for MDA) 5) April 16 & 17, 2011 — Baker to Vegas (MDA Police Run) 6) April 30, 2011 — Horse Shoe Tournament (fundraiser for MDA) 7) 1St Wednesday of each Month — Beaumont Care Awareness Team 8) Second and Third Wednesday of Each Month — Story Time Cafe C. Rumor Control, and Report on Oral and Written Communications 1) Foundation Funds are from citizens, contractors, and employee personal donations 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 February 1, 2011 C. Approval of the Warrant List for February 15, 2011 Recommendation: Approval of the Consent Calendar as presented. Motion by Council Member Berg, Seconded by Council Member Gall to approve the consent calendar as presented. Vote: 4/0 4. ACTION ITEMS /PUBLIC HEARING /REQUESTS (This portion of the Agenda is for items that require a Public Hearing, discussion, and /or Council direction.) a. Ordinance No. 988 - An Ordinance of the City Council of the City of Beaumont Adding Chapter 2.30 to the Beaumont Municipal Code Entitled, Establishing the 'Board of Administrative Appeals" Recommendation: Hold a Public Hearing and Approve the first reading of Ordinance No. 988 as presented. Staff report was given by Joe Aklufi, City Attorney and Alan Kapanicas, City Manager. Open Public Hearing 7:02 p.m. No Speakers Closed Public Hearing 7:03 p.m. Motion by Council Member Castaldo, Seconded by Council Member Gall to approve the 1st reading Ordinance No. 988 as presented. Vote: 4/0 b. General Plan Housing Element Update Ordinance No. 989 - An Ordinance of the City Council of the City of Beaumont, California Amending Chapter 17.03.130 "Sixth Street Overlay" of the Beaumont Municipal Code Ordinance No. 990 - An Ordinance of the City Council of the City of Beaumont, California, Amending Chapter 17.03.130 "Urban Village Specific Overlay" of the Beaumont Municipal Code Recommendation: Hold a Public Hearing and Approve the first reading of Ordinance No. 989 and 990 as presented. Staff report was given by Chris Tracy, Staff Planner. Open Public Hearing 7:17 p.m. No SPeakers Closed Public Hearing 7:18 p.m. Motion by Council Member Berg, Seconded by Council Member Castaldo to approve the 1st reading of Ordinance No. 989 and 990 as presented. Vote: 3/1 Gall voted no c. Resolution of the City Council of the City of Beaumont, California in Opposition to the State of California Administration's Proposal to Abolish Redevelopment Agencies in California Recommendation: Adopt Resolution No. 2011 -35 as presented. Staff report was given by Kyle Warsinksi, Staff Planner. Motion by Council Member Berg, Seconded by Council Member Castaldo to adopt Resolution No. 2011 -01 as presented. Vote: 3/1 (Gall voted no) d. "Name that Bridge" -Bridge Naming Contest (180 submittals -some duplicates) Recommendation: City Council Nominate and Vote on a name for the new bridge. Staff report was given by Ashley Thompson, Customer Service Coordinator. Speakers: Buddy Dahl - Would like the bridge named after Michael Dahl Jean Karwelis - Would like the bridge named after Ray Samson Judy Karwelis - Would like the bridge named after Ray Samson Motion by Council Member Castaldo, Seconded by Council Member Berg to name the bridge "Centennial Memorial Bridge" with the below list of names to be placed on the bridge to start. Council wants the costs and future names to be approved by the City Council. Vote: 4/0 Ray Samson Don Huston Louise Haskell George Anhalt Michael Anthony Dahl Adjournment of the City Council Meeting at 8:15 p.m. M Alan Kap&ic City Manager :x- AGENDA ITEM NO. 3'C- WARRANT LIST CITY COUNCIL MEETING March 1, 2011 73924 - 74076 Checks $1,075,063.31 EFT 531 -533 ACH $597,362.83 EFT 264 -277 Credit Card $14,249.44 Payroll PPE 02/03/11 $ 442,514.44 Mutual of Omaha PPE 01/20/11 $ 36.200.56 PPE 11/25/10 —PPE 02 /03/11 $1,976.42 Cal PERS PPE 02/03/11 $ 113,026.69 I DO HEREBY CERTIFY THIS WARRANT LIST HAS BEEN COMPILED AND PREPARED TO MEET THE DAILY OPERATIONS FOR THE FISCAL YEAR JULY 1, 2010 TO JUNE 30, 2011. SIGNATURE: TITLE: '� cn c c D► I v/"i City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 073924 02/10/2011 Miguel Macias 1,579.01 CASH OUT 073925 02/10/2011 KOURTNEY O'BRIEN 1,546.74 CASH OUT 073926 02/10/2011 CORRIE PETTIT 130.24 HOURS SHORTAGE PAID 073927 02/11/2011 Gregory Cinko 100.00 PAYMENT REIMBURSEMENT 073928 02/11/2011 JEFF SCHULER 1,459.20 DENTAL REIMBURSMENT 073929 02/11/2011 TODD BYERS 500.00 COURSE CERTIFICATION 073930 02/11/2011 LIAM DOYLE 99.62 REIMBURSEMENT 073931 02/11/2011 SCOT DAVIS 91.50 REIMBURSEMENT 073932 02/11/2011 SHELBY HANVEY 664.36 PETTY CASH REIMBURSEMENT 073933 02/11/2011 KAD PAVING COMPANY 4,890.00 CONTRACT SERVICES 073934 02/11/2011 ADVANCED WORKPLACE STRAT 61.00 SERVICES 073935 02/11/2011 ADVANTAGE LANDSCAPE 980.00 CONTRACT SERVICES 073936 02/11/2011 ACCESS 2 SAVINGS 248.37 SUPPLIES 073937 02/11/2011 AMA ENTERPRISES 93.53 UNIFORM 073938 02/11/2011 AMERIFLEX 360.00 ADMIN FEE 073939 02/11/2011 APEX URGENT CARE 105.00 MEDICAL 073940 02/11/2011 BARNES DISTRIBUTION 148.46 SUPPLIES 073941 02/11/2011 BDL ALARMS 96.00 SERVICES 073942 02/11/2011 BEAUMONT CHAMBER 1,000.00 MONTHLY CHATTER 073943 02/11/2011 BEAUMONT LAWNMOWER 252.32 SERVICES 073944 02/11/2011 JOAN BETSINGER 56.28 OVERPAYMENT REFUND 073945 02/11/2011 BRIAN'S LIVE BEE REMOVAL SEI 400.00 BEE REMOVAL 073946 02/11/2011 BUILDERS BOOKSOURCE 36.33 SUPPLIES 073947 02/11/2011 C & A JANITORIAL SERVICES 2,969.00 JANITORIAL 073948 02/11/2011 CALIFORNIA CHAMBER 193.52 MATERIALS 073949 02/11/2011 CALIFORNIA LICENSED PHLEBO 920.00 SERVICES 073950 02/11/2011 CALIFORNIA PARK & RECREATIC 155.00 MEMBERSHIP 073951 02/11/2011 2011 CAPE CONFRENCE 175.00 TRAINING 073952 02/11/2011 CDW GOVERNMENT, INC. 562.83 SUPPLIES 073953 02/11/2011 CHERRY VALLEY NURSERY 230.82 SUPPLIES 073954 02/11/2011 CINTAS CORPORATION #150 302.79 UNIFORM SERVICE 073955 02/11/2011 CITY OF BANNING 325.82 SERVICES 073956 02/11/2011 CMOUTS 3,530.00 SUPPLIES 073957 02/11/2011 CONSOLIDATED ELECTRICAL DI 355.86 SUPPLIES 073958 02/11/2011 COUNTY OF RIVERSIDE 25,086.42 ELECTION SERVICES 073959 02/11/2011 DANIELS TIRE SERVICE 876.78 VEHICLES MAINTENANCE Printed 02/18/2011 1:57:34PM Page 1 of 5 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 073960 02/11/2011 DIRECTV 96.98 CABLE SERVICE 073961 02/11/2011 ENVIROTEK CO. 1,473.60 SUPPLIES 073962 02/11/2011 FOX OCCUPATIONAL 170.00 MEDICAL 073963 02/11/2011 FRED PRYOR SEMINARS /CAREE 195.00 CONFERENCE 073964 02/11/2011 GALLS 279.88 UNIFORM 073965 02/11/2011 GENERAL GOVERNMENT 8,969.90 CONTRACT SERVICES 073966 02/11/2011 GOTHIC GROUNDS MANAGEMEP 5,595.00 MONTHLY FEE 073967 02/11/2011 GOVPARTNER 500.00 SERVICES 073968 02/11/2011 HI -WAY SAFETY INC 4,917.34 SUPPLIES 073969 02/11/2011 HOME DEPOT /CREDIT SERVICE: 186.88 SUPPLIES 073970 02/11/2011 HUNTINGTON COURT REPORTEI 1,171.00 SERVICES 073971 02/11/2011 IACP 120.00 MEMBERSHIP 073972 02/11/2011 INNOVATIVE PLAYGROUNDS CC 640.86 SUPPLIES 073973 02/11/2011 INTEGRATED SYSTEMS 58.00 SERVICES 073974 02/11/2011 KAISER FOUNDATION 35,393.75 MEDICAL 073975 02/11/2011 KLPM,INC 34,450.00 DEPOSIT REFUND 073976 02/11/2011 MATICH CORPORATION 656.63 SUPPLIES 073977 02/11/2011 MPH INDUSTRIES, INC. 105.93 SUPPLIES 073978 02/11/2011 NAPA AUTO PARTS 619.54 SUPPLIES 073979 02/11/2011 NATIONAL CONSTRUCTION REN 222.63 SERVICES 073980 02/11/2011 NATURES IMAGE, INC 5,537.07 SERVICES 073981 02/11/2011 NFSA 49.00 TRAINING 073982 02/11/2011 NISSHO OF CALIFORNIA INC 4,184.00 MAINTENANCE FEE 073983 02/11/2011 PACIFIC ALARM SERVICE 292.00 SERVICES 073984 02/11/2011 POMA AUTOMOTIVE FUELING IN 3,711.24 FUEL 073985 02/11/2011 QUALITY PLUMBING, INC. 4,581.85 SERVICES 073986 02/11/2011 QUILL CORPORATON 737.50 SUPPLIES 073987 02/11/2011 RAMONA HUMANE SOCIRTY INC 6,853.47 ANIMAL SERVICES 073988 02/11/2011 RIV.COUNTY SHERIFF'S DEPT. 29,611.23 SERVICES 073989 02/11/2011 RIVERSIDE COUNTY 454,358.39 FIRE SERVICES 073990 02/11/2011 ROMBERG TREE SERVICE 350.00 SERVICES 073991 02/11/2011 S.A MOBIL CARWASH AND DETA 964.00 SERVICES 073992 02/11/2011 SABINE & MORRISON 10,890.00 CONTRACT SERVICES 073993 02/11/2011 STEPHEN SAN MARCHI 1,048.00 REIMB. 073994 02/11/2011 SIRCHIE 174.68 SERVICES 073995 02/11/2011 SOUTHERN CAL ACI CERTIFICAI 800.00 TRAINING 073996 02/11/2011 SPRINT 1,661.60 PHONE SERVICE Printed 02/18/2011 1:57:34PM Page 2 of 5 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 073997 02/11/2011 STERICYCLE INC. 121.30 SUPPLIES 073998 02/11/2011 THE PRESS - ENTERPRISE 104.50 ADVERTISING 073999 02/11/2011 THE RECORD GAZETTE 820.26 ADVERTISING 074000 02/11/2011 TLMA ADMINISTRATION 419.91 SERVICES 074001 02/11/2011 TULE RANCH /MAGAN FARMS 22,736.99 CONTRACT SERVICES 074002 02/11/2011 VERIZON CALIFORNIA 640.96 PHONE SERVICES 074003 02/11/2011 VERIZON WIRELESS 5,299.01 PHONE SERVICES 074004 02/11/2011 WEST PAYMENT CTR. 258.28 SUNSCRIPTION 074005 02/11/2011 WILDERMUTH ENVIRONMENTAL 2,930.00 SERVICES 074006 02/11/2011 DEREK WILLIAMS 862.50 SERVICES 074007 02/11/2011 JAMIE YANG 90.17 OVERPAYMENT REFUND 074008 02/11/2011 REPUBLIC ITS 3,218.77 TRANSORTATION SERVICES 074009 02/11/2011 TASO TECH, INC 4,943.26 OFFICE SUPPLIES 074010 02/11/2011 TBU, INC 1,486.01 CONTRACT SERVICES 074011 02/11/2011 XEROX CORPORATION 1,521.55 CONTRACT SERVICES 074012 02/14/2011 DEANNA DIAZ 365.48 PAYROLL 02.11.2011 074013 02/18/2011 GREENFEAT 2,500.00 CONTRACT SERVICES 074014 02/18/2011 GREENFEAT 4,525.00 CONTRACT SERVICES 074015 02/18/2011 U.S POSTMASTER 345.00 MAIL SERVICES 074016 02/18/2011 AAA HAULAWAY 390.00 SERVICES 074017 02/18/2011 AMERIFLEX 60.00 ADMIN FEE 074018 02/18/2011 ANTIMITE 52.00 MONTHLY SERVICE 074019 02/18/2011 AUTOZONE 4.34 VEHICLE SUPPLIES 074020 02/18/2011 BANNING RV DISCOUNT CENTEF 420.00 MAINTENANCE MATERIALS 074021 02/18/2011 BEAUMONT - CHERRY VALLEY W 973.01 UTILITIES 074022 02/18/2011 BEAUMONT LAWNMOWER 46.09 SERVICES 074023 02/18/2011 BEAUMONT POLICE OFFICERS F 2,100.00 DUES 074024 02/18/2011 BRIAN'S LIVE BEE REMOVAL SEI 100.00 SERVICE 074025 02/18/2011 CALIFORNIA PEACE 270.00 DUES 074026 02/18/2011 CALIFORNIA BUILDING OFFICIAL 215.00 MEMBERSHIP DUES 074027 02/18/2011 CGLIC- CHATTANOOGA EASC 100,311.45 HEALTH INSURANCE 074028 02/18/2011 CINTAS CORPORATION #150 912.98 UNIFORM SERVICES 074029 02/18/2011 COLONIAL LIFE AND 225.00 INSURANCE 074030 02/18/2011 CR &R INC. 4,665.50 CONTRACT SERVICES 074031 02/18/2011 DC FROST ASSOCIATES, INC 38,336.00 SUPPLIES 074032 02/18/2011 GALLS, AN ARAMARK COMPANY 49.98 SUPPLIES 074033 02/18/2011 GENERAL GOVERNMENT 7,781.00 CONTRACT SERVICE Printed 02/18/2011 1:57:34PM Page 3 of 5 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 074034 02/18/2011 GOTHIC GROUNDS MANAGEMEP 5,330.00 MONTHLY MAINTENACE 074035 02/18/2011 GREENWOOD'S UNIFORMS 349.84 UNIFORM SERVICES 074036 02/18/2011 HEARD'S INVESTIGATIONS 150.00 CONTRACT SERVICES 074037 02/18/2011 HI -WAY SAFETY INC 364.87 SUPPLIES 074038 02/18/2011 HOME DEPOT /CREDIT SERVICE: 104.00 SUPPLIES 074039 02/18/2011 HUNTINGTON COURT REPORTEI 331.50 CONTRACT SERVICES 074040 02/18/2011 INDUSTRIAL MAINTENANCE & RI 1,313.40 SUPPLIES 074041 02/18/2011 INTEGRATED SYSTEMS 116.00 SUPPORT 074042 02/18/2011 INTERNATIONAL CODE COUNCIL 100.00 MEMBERSHIP 074043 02/18/2011 KEEP IT GREEN 150.00 CONTRACT SERVICES 074044 02/18/2011 MAMCO, INC 40,954.50 CONTRACT SERVICES 074045 02/18/2011 MATHESON SERVICES UNLIMITE 105.00 SERVICES 074046 02/18/2011 MBK HOMES 17,700.00 REFUND MON. DEPOSIT 074047 02/18/2011 MCGRAW -HILL COMPANIES 2,867.50 SERVICES 074048 02/18/2011 MEX- AMERICAN TAX GROUP 195.57 DEP. PAYMENT REFUND 074049 02/18/2011 JEREMY MILLER 2,557.00 SUPPLIES 074050 02/18/2011 NAPA AUTO PARTS 89.81 SUPPLIES 074051 02/18/2011 CECILIA NEAL 354.46 PER DIEM 074052 02/18/2011 NEXTEL COMMUNICATIONS 437.49 CELL PHONE SERVICE 074053 02/18/2011 ORIENTAL TRADING CO.,INC. 153.33 SUPPLIES 074054 02/18/2011 PAYCHEX HUMAN RESOURCES • 840.00 MONTHLY FEE 074055 02/18/2011 PRO -PIPE & SUPPLY 1.76 SUPPLIES 074056 02/18/2011 QUALITY PLUMBING, INC. 188.00 SERVICES 074057 02/18/2011 QUILL CORPORATON 496.72 SUPPLIES 074058 02/18/2011 RESOURCE BUILDING MATERIAL 61.81 SUPPLIES 074059 02/18/2011 S.A MOBIL CARWASH AND DETA 1,058.00 SERVICES 074060 02/18/2011 SKETCH COP SOLUTIONS 1,348.86 SERVICES 074061 02/18/2011 SOUTHERN CALIF.EDISON 66,678.42 UTILITIES 074062 02/18/2011 STATER BROS GENERAL OFFICE 48.27 SUPPLIES 074063 02/18/2011 TELEPACIFIC COMMUNICATION: 1,959.77 MONTHLY FEE 074064 02/18/2011 THE RECORD GAZETTE 75.70 ADVERTISING 074065 02/18/2011 TPG SUBSCRIPTION SERVICE Cl 328.50 HANDBOOKS 074066 02/18/2011 TRANNY MIKES INC. 950.00 VEHICLE MAINTENANCE 074067 02/18/2011 TURF STAR, INC. 1,703.81 SERVICES 074068 02/18/2011 UNDERGROUND SERVICE ALER' 359.00 SERVICES 074069 02/18/2011 UNITED WAY OF THE 81.00 EMPLOYEE DEDUCTION 074070 02/18/2011 UTILITY PARTNERS 344.49 CONTRACT SERVICES Printed 02/18/2011 1:57:34PM Page 4 of 5 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 074071 02/18/2011 VERIZON CALIFORNIA 2,181.54 PHONE SERVICE 074072 02/18/2011 VERIZON WIRELESS 497.74 CELL PHONE SERVICE 074073 02/18/2011 WEST COAST LIGHTS & SIRENS 611.94 SERVICES 074074 02/18/2011 J.F. SHEA CONSTRUCTION INC 33,225.00 CONTRACT SERVICES 074075 02/18/2011 PITNEY BOWES 978.22 SERVICES 074076 02/18/2011 TASO TECH, INC 5,010.44 SERVICES 1,075,063.31 Printed 02/18/2011 1:57:34PM Page 5 of 5 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: EFT000000000264 02/14/2011 A -Z BUS SALES,INC. 89.18 SUPPLIES EFT000000000265 02/14/2011 ACE ALTERNATORS 70.95 SUPPLIES EFT000000000266 02/14/2011 ARAMARK 181.80 SUPPLIES EFT000000000267 02/14/2011 BEAUMONT ACE HOME CENTER 309.19 SUPPLIES EFT000000000268 02/14/2011 GOPHER PATROL 2,867.00 SERVICES EFT000000000269 02/14/2011 GORM, INC. 2,454.39 SUPPLIES EFT000000000270 02/14/2011 HIGH TECH IRRIGATION,INC. 354.73 SUPPLIES EFT000000000271 02/14/2011 SHRED -IT 187.00 SERVICES EFT000000000272 02/17/2011 ARAMARK 534.94 SUPPLIES EFT000000000273 02/17/2011 BEAUMONT TIRE 2,588.81 VEHICLE REPAIR EFT000000000274 02/17/2011 BEAUMONT ACE HOME CENTER 320.93 SUPPLIES EFT000000000275 02/17/2011 BEAUMONT SAFE & LOCK 5.87 LOCKSMITH SERVICES EFT000000000276 02/17/2011 CHERRY VALLEY AUTOMATIVE 3,974.95 VEHICLE REPAIR EFT000000000277 02/17/2011 XEROX CORPORATION 309.70 SERVICES 14,249.44 Printed 02/18/2011 1:56:55PM Page 1 of 1 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: EFT000531 02/10/2011 DCI 113,923.56 CONTRACT SERVICES EFT000532 02/10/2011 STEVE MOORE COMMUNICATIOI 1,850.00 CONTRACT SERVICES EFT000533 02/10/2011 URBAN LOGIC CONSULTANTS 481,589.27 CONTRACT SERVICES 597,362.83 Printed 02/18/2011 1:58:03PM Page 1 of 1 STAFF REPORT Agenda Item J U TO: Mayor and Council Members FROM: Karee Trinidad, Customer Service Coordinator DATE: March 1, 2011 SUBJECT: 3`d Annual Breezin' Through Beaumont 5k / lOk walk/run road race Background and Analysis: On Saturday, May 28, 2011, the City of Beaumont will host its 3`d Annual " Breezin' Through Beaumont ". This event will include a 5k /lOk road race and a "Kinderdash" race for kids ages 5 -11. Both the 5k / l Ok are open to the public. All races will begin in front of the Beaumont Civic Center and continue up the newly renovated Palm Avenue. l Ok participants will be diverted through the beautiful community of Sundance. Both courses will finish at Stewart Park where race participants will then be able to enjoy the Kiwanis Car Show, as well as a vendor area representing local businesses and charity organizations. The top 3 finishers in each age and gender category will receive medals. During the events, there is a need for rolling street closures on Palm Ave, Starlight, Oak Valley Parkway, and Orange Ave. Full closures would be needed at Beaumont Ave and 6`h Street and Palm Ave and 6`h Street. All closures would run from 5am until 9am. Staff will place "No Parking" signs in the full closure zones The event will kick off with preregistration starting at 6:30am with the races officially beginning at 8am. Race results and awards will be given at 8:45am and the Kinderdash will begin at 9:30am. Pre - registration fees will be $20 for the 5k, $25 for the 10k, and for Seniors and children under 12, $15 for the 5k and $20 for the lOk. A group rate of $60 is available for groups of 4. Race day registration will be $30 for the 5k, $35 for the 10k, and for Seniors and children under 12 $20 for the 5k and $25 for the l0k. Group rates will not be available on race day. The registration fees include a goody bag filled with an event t- shirt, race bib, promotional items and informational resources. Recommendation: Staff recommends APPROVAL of rolling and full street closures on May 28, 2011 from 5am until 9am to the 3`d annual Breezin' Through Beaumont event. Respectfully submitted: CITY OF BEAUMONT Karee Trinidad Customer Service Coordinator rKi h i 2DII f3 o. lie [��ilarZ Benefiting the I fj '� 1 \� Start at 550 E. 6th St Beaumont CA Pre - Register by 5/13/2011 Registration begins 6:30 a.m. day of rac q) Afgwoo T- shirts provided to all runners Top 3 finishers mens and womens overall 5k and 10k I&"U///IP"00 Pre - registered runners: $20/5k - $25/10k Race day registration: $30/5k - $35/10k Senior citizens and children under 12yrs: $15/5k - $20/10k Group Rate (now for 2011):$60 for a group of 4 (pre- registratlon ONLY) Each additional adult: $15 - savings of $5 Each additional child: $10 - savings of $5 . ,!*• •• •s • ;P CPO - ~'ev • Off• � 00#7 For more information or to register contact us at: (951) 769 -8520 or breezinthroughbeaumont @ci.beaumont.ca.us ..� . . &.0"K.Y af r tip _7 51t load Apace ay G4ugar Wry G w 9� �n 4 Canyii root R4 m 15th St h Eucalyptus t;r / /°QCe w/ F ' fuchsia Ot / p hry Pkwy y P" t BeQanrOKt c;(HG f 0 � s ...t., St (�eKte�� GOGa�Qt SJD n 6" �'treet aKCi eKCi n Anton at �'tewa -e s� m � laeaLeciat 10tk Steeet Y m h 3 E t ih $1 E 12th St � a/rU /•l Q/JvFi jTUe/CUQi, _ •6 a 0 > d P y E t r _ 'Ith St E 1011, St E 11"Ak 51 IQ 3 u E 99h St E 9th St U n } m c m E tth St m ry n u a 3 A 3 a Beaumont ° E Bvt St D 0 CLAIM FORM - CITY OF BEAUMONT 550 East Sixth Street CITY CAF Beaumont, California 92223 `���M{JNT Telephone: 951- 769 -8520 Fax 951- 769 -8525 1. Date this Claim form was filled out: �J amt ?Lo 2-011 2. Name of Claimant: t"i CL t c-U- �- 'R 0 - k�- ( S 3. Mailing Address of Claimant: y 3c, N LAP-R Df .i �Efs,� r-t 0,,L i , GA . ,-I 2 -Z 2 3 4. Mailing Address to which Claimant desires notices to be sent: 136U,V1 5. The date of the occurrence or transaction which gave rise to the Claim: �J AIQ 2 -c l i 6. The place of the occurrence or transaction which gave rise to the Claim: CcrKivu.'j 7. A general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known to the Claimant: (attach additional sheets if necessary) /, C -V2 + - -e_t o- rl,( e- c'1 tin }%,-e- 1-7,carKt } t v-eS c,vkca 0- v'r Gt5 tca t F Lo 5 tiI L ec1 e c{ tt evil 6-c r c" CV (i 1 C) i.0.: g - �GZivn ct0. 2 �cyct c, a 3 0 The name or names of the public employee or employees causing the injury, damage, or loss, if known: ( `U -\ -e V�f The amount of the Claim: $ ATTACH SUPPORTING INFORMATION I hereby declare, under penalty of perjury under the laws of the State of California, that the information presented in this claim is true and correct. 10. Claimant's signature: Print Name: -T ,e-,�; Date this Claim is signed: t-2-(,;- 11 Claimant's phone number: Tjs1 . -7,q- -t��� 02/02/2011 at 02:47 PM Job Number: 6826 CLASS ACTS AUTO BODY License #:ARD00245460 Federal ID #:204955383 Have a great day ! 375 West Sixth St. Beaumont, CA 92223 (951)845 -2499 Fax: (951)845 -9491 Insured: DANNY ROSALES Owner: DANNY ROSALES Address: Day: Evening: Inspect Location: Insurance Company: PRELIMINARY ESTIMATE Written By: JEREMY PISTILLI Adjuster: Claim # Policy # Deductible: Date of Loss: Type of Loss: Point of Impact: Days to Repair 2006 NISS QUEST S 6- 3.5L -FI 4D VAN BLACK Int: VIN: 5N1BV28U86N106295 Lic: MEGRMPY CA Prod Date: Odometer: Air Conditioning Rear Defogger Tilt Wheel Cruise Control Intermittent Wipers Alarm Dual Air Condition Rear Window Wiper Steering Wheel Controls Message Center Dual Mirrors Privacy Glass Console /Storage Overhead Console Clear Coat Paint Power Steering Power Brakes Power Windows Power Locks Power Mirrors AM Radio FM Radio Stereo Search /Seek CD Changer /Stacker Anti -Lock Brakes (4) Driver Air Bag Passenger Air Bag Head /Curtain Air Bags 4 Wheel Disc Brakes Traction Control Cloth Seats Bucket Seats 3rd Row Seat Automatic Transmission Full Wheel Covers NO. OP. ---------------------------- DESCRIPTION QTY EXT. PRICE LABOR PAINT 1 REAR --------------------------------------- BUMPER 2 R &I R &I bumper cover 1.0 3# Rpr POLISH REAR COVER 0.5 4 REAR LAMPS 5 R &I LT Combo lamp assy 0.5 6 SIDE PANEL 7* Rpr LT Side panel 8 Add for Clear Coat 2.0 2.0 9 R &I LT Fuel door 0.8 10* Rpr LT Fuel door 0.3 11 Add for Clear Coat 0.5 0.3 0.1 1 2 02/02/2011 at 02:47 PM Job Number: 6826 PRELIMINARY ESTIMATE 2006 NISS QUEST S 6- 3.5L -FI 4D VAN BLACK Int: ------------------------------------------------------------------------------- NO. ------------------------------------------------------------------------------- OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT 12# Blnd LT ROCKER PANEL 1.0 13 Repl LT Stone guard 1 11.65 0.2 14# Subl Hazardous waste removal 1 7.95 X 15# Repl Cover car 1 10.00 T 0.4 16# Color tint / color match 1 0.5 17# Rpr Color sand and buff 0.5 Subtotals =_> 29.60 6.4 4.2 Parts 11.65 Body Labor 6.4 hrs @ $ 42.00 /hr 268.80 Paint Labor 4.2 hrs @ $ 42.00 /hr 176.40 Paint Supplies 4.2 hrs @ $ 30.00 /hr 126.00 Sublet /Misc. ---------------------------------------------------- 17.95 SUBTOTAL $ 600.80 Sales Tax ---------------------------------------------------- $ 147.65 @ 8.75001 12.92 GRAND TOTAL $ 613.72 ADJUSTMENTS: Deductible ---------------------------------------------------- 0.00 CUSTOMER PAY $ 0.00 INSURANCE PAY $ 613.72 2 02/02/2011 at 02:47 PM Job Number: 6826 PRELIMINARY ESTIMATE 2006 NISS QUEST S 6- 3.5L -FI 4D VAN BLACK Int: FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM: ANY PERSON WHO KNOWINGLY PRESENTS FALSE OR FRAUDULENT CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: MOTOR ABBREVIATIONS /SYMBOLS: D= DISCONTINUED PART A= APPROXIMATE PRICE LABOR TYPES: B =BODY LABOR D= DIAGNOSTIC E= ELECTRICAL F =FRAME G =GLASS M= MECHANICAL P =PAINT LABOR S= STRUCTURAL T =TAXED MISCELLANEOUS X =NON TAXED MISCELLANEOUS PATHWAYS: ADJ= ADJACENT ALGN =ALIGN A /M= AFTERMARKET BLND =BLEND CAPA= CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D &R= DISCONNECT AND RECONNECT DS PART = DIAMOND STANDARD PART DS ASSY= DIAMOND STANDARD ASSEMBLY EST = ESTIMATE EXT. PRICE =UNIT PRICE MULTIPLIED BY THE QUANTITY INCL= INCLUDED MISC= MISCELLANEOUS NAGS = NATIONAL AUTO GLASS SPECIFICATIONS NON -ADJ =NON ADJACENT O /H= OVERHAUL OP= OPERATION NO =LINE NUMBER QTY = QUANTITY QUAL RECY = QUALITY RECYCLED PART QUAL REPL= QUALITY REPLACEMENT PART COMP REPL PARTS = COMPETITIVE REPLACEMENT PARTS RECOND= RECONDITION REFN= REFINISH REPL= REPLACE R &I= REMOVE AND INSTALL R &R= REMOVE AND REPLACE RPR= REPAIR RT =RIGHT SECT = SECTION SUBL= SUBLET LT =LEFT W /O= WITHOUT W /_= WITH /_ SYMBOLS: #= MANUAL LINE ENTRY * =OTHER [IE..MOTORS DATABASE INFORMATION WAS CHANGED] ** =DATABASE LINE WITH AFTERMARK.ET N- =NOTES ATTACHED TO LINE. OPT OEM= ORIGINAL EQUIPMENT MANUFACTURER PARTS EITHER OPTIONALLY SOURCED OR OTHERWISE PROVIDED WITH SOME UNIQUE PRICING OR DISCOUNT. NWCPP= NATIONWIDE CRASH PARTS PROGRAM. Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide ARF3796, CCC Data Date 12/16/2010, and the parts selected are OEM -parts manufactured by the vehicles Original Equipment Manufacturer. OEM parts are available at OE /Vehicle dealerships. OPT OEM (Optional OEM) or ALT OEM (Alternative OEM) parts are OEM parts that may be provided by or through alternate sources other than the OEM vehicle dealerships. OPT OEM or ALT OEM parts may reflect some specific, special, or unique pricing or discount. OPT OEM or ALT OEM parts may include "Blemished" parts provided by OEM's through OEM vehicle dealerships. Asterisk ( *) or Double Asterisk ( * *) indicates that the parts and /or labor information provided by MOTOR may have been modified or may have come from an alternate data source. Tilde sign ( -) items indicate MOTOR Not - Included Labor operations. Non- Original Equipment Manufacturer aftermarket parts are described as AM, Qual Repl Parts or Comp Repl Parts which stands for Competitive Replacement Parts. Used parts are described as LKQ, Qual Recy Parts, RCY, or USED. Reconditioned parts are described as Recond. Recored parts are described as Recore. NAGS Part Numbers and Benchmark Prices are provided by National Auto Glass Specifications. Labor operation times listed on the line with the NAGS information are MOTOR suggested labor operation times. NAGS labor operation times are riot included. Pound sign (4) items indicate manual entries. Some 2010 vehicles contain minor changes from the previous year. For those vehicles, prior to receiving updated data from the vehicle manufacturer, labor and parts data from the previous year may be used. The Pathways estimator has a complete list of applicable vehicles. Parts numbers and prices should be confirmed with the local dealership. CCC Pathways - A product of CCC Information Services Inc. 9 LEE'S AUTO BODY 325 E. 5TH ST, BEAUMONT, CA 92223 -2203 (951) 845 -2296 Fax: (951) 845 -2296 Email: leesautobodyl@aol.com Tax ID: 810585768 Damage Assessed By: Danny Webster Deductible: UNKNOWN Owner: ROSALES t, ' Date: Estimate ID: Estimate Version: Preliminary Profile ID: 02/02/2011 02:58 PM 8596 0 * Mitchell * - Judgment Item # - Labor Note Applies C - Included in Clear Coat Calc ESTIMATE RECALL NUMBER: 02/02/2011 14:57:39 8596 Mitchell Data Version: OEM: JAN_11_V UltraMate is a Trademark of Mitchell International Copyright (C) 1994 - 2011 Mitchell International UltraMate Version: 7.0.226 All Rights Reserved Page 1 of 2 Mitchell Service: 910117 Description: 2006 Nissan Quest S Special Edition Body Style: VanPass Drive Train: 3.5L Inj 6 Cyl FWD OEM /ALT: 0 Search Code: None Options: VEHICLE ANTI - THEFT, CD CHANGER, PASSENGER AIRBAG, DRIVER SIDE AIRBAG, POWER LOCK POWER WINDOW, POWER STEERING, REAR WINDOW DEFOGGER, CRUISE CONTROL TILT STEERING COLUMN, REAR (DUAL -ZONE) AC, ANTI -LOCK BRAKE SYS. TRACTION CONTROL, REVERSE SENSOR, TIRE INFLATION /PRESSURE MONITOR POWER SLIDING DOOR (VANS), REMOTE FUELDOOR RELEASE POWER ADJUSTABLE EXTERIOR MIRROR, PRIVACY GLASS, FRONT AIR DAM, TRIP COMPUTER FIRST ROW BUCKET SEAT, KEYLESS ENTRY, REAR SEAT HVAC CONTROLS THEATER STYLE SEATING, REAR HEATING, VENTILATION Ili AIR CONDITIONING, CLOTH SEAT DRIVER SIDE SLIDING VAN DOOR, EXTERIOR RAILS, TACHOMETER PASSENGER AIRBAG CUTOFF SWITCH /SENSOR, SIDE HEAD CURTAIN AIRBAGS Line Entry Labor Line Item Part Type/ Dollar Labor Item Number Type Operation Description Part Number Amount Units 1 002743 BDY REMOVEANSTALL L Quarter Mudguard 0.3 2 000771 BDY REPAIR L Quarter Van Side Panel Existing 4.5* # 3 AUTO REF REFINISH L Quarter Panel Outside C 2.5 4 000747 BDY REPAIR L Quarter Fuel Door Existing 0.5* # 5 AUTO REF REFINISH L Fuel Door INC # 6 000011 BDY REMOVE/INSTALL L Rear Combination Lamp INC # 7 000015 BDY OVERHAUL Rear Bumper Assy 1.8 8 002669 BDY REPAIR Rear Bumper Cover Existing 1.0* 9 AUTO REF REFINISH Rear Bumper Cover C 2.0 10 AUTO REF ADD'L OPR Clear Coat 1.4 11 933003 REF ADD'L OPR TINT COLOR 1.0* 12 933018 REF ADD'L OPR MASK FOR OVERSPRAY 5.00 * 0.5* 13 AUTO ADD'L COST Paint/Materials 207.00 * 14 AUTO ADD'L COST Hazardous Waste Disposal 5.00 * * - Judgment Item # - Labor Note Applies C - Included in Clear Coat Calc ESTIMATE RECALL NUMBER: 02/02/2011 14:57:39 8596 Mitchell Data Version: OEM: JAN_11_V UltraMate is a Trademark of Mitchell International Copyright (C) 1994 - 2011 Mitchell International UltraMate Version: 7.0.226 All Rights Reserved Page 1 of 2 �_- Date: 02/0212011 02:58 PM Estimate ID: 8596 Estimate Version: 0 Preliminary Profile ID: * Mitchell Estimate Totals I. Total Labor: Add'I II. Total Replacement Parts: 0.00 III. Total Additional Costs: 230.11 Gross Total: Labor Sublet 0.00 Net Total: 886.11 I. Labor Subtotals Units Rate Amount Amount Totals ll. Part Replacement Summary Amount Body 8.1 42.00 0.00 0.00 340.20 Refinish 7.4 42.00 5.00 0.00 315.80 Total Replacement Parts Amount 0.00 Non - Taxable Labor 656.00 Labor Summary 15.5 656.00 III. Additional Costs Amount IV. Adjustments Amount Taxable Costs 207.00 Customer Responsibility 0.00 Sales Tax @ 8.750% 18.11 Non - Taxable Costs 5.00 Total Additional Costs 230.11 Paint Material Method: Rates Init Rate = 30.00 , Init Max Hours = 99.9, Addl Rate = 99.90 I. Total Labor: 656.00 II. Total Replacement Parts: 0.00 III. Total Additional Costs: 230.11 Gross Total: 886.11 IV. Total Adjustments: 0.00 Net Total: 886.11 This is a preliminary estimate. Additional changes to the estimate may be required for the actual repair. ESTIMATE RECALL NUMBER: 02/0212011 14:57:39 8596 Mitchell Data Version: OEM: JAN_11_V UltraMate is a Trademark of Mitchell International Copyright (C) 1994 - 2011 Mitchell International Page 2 of 2 UltraMate Version: 7.0.226 All Rights Reserved STAFF REPORT Agenda Item 3 TO: Mayor and Council Members FROM: Alan C. Kapanicas, City Manager DATE: March 1, 2011 SUBJECT: Resolution adopting Healthy Easting Active Living (HEAL) Background and Analysis: In 2004, the League of California Cities adopted an Annual Conference resolution to encourage cities to embrace policies that facilitate activities to promote healthier lifestyles and communities, including healthy diet and nutrition and adoption of city design and planning principles that enable citizens of all ages and abilities to undertake exercise and healthy eating habits. The City of Beaumont recognizes that obesity is a serious public health threat to the health and wellbeing of adults, children, and families within Beaumont. While individual lifestyle changes are necessary, individual effort alone is insufficient to combat obesity's rising tide. Significant societal and environmental changes are needed to support individual efforts to make healthier choices. To that end, the City of Beaumont adopts this Healthy Eating Active Living resolution. Fiscal Impact: There is no fiscal impact on the General Funds. Recommendation: Staff recommends adoption of Resolution No. 2011 -02 as presented. RESOLUTION NO. 2011-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, ADOPTING THE HEALTHY EATING ACTIVE LIVING (HEAL) CAMPAIGN WHEREAS, in 2004, the League of California Cities adopted an Annual Conference resolution to encourage cities to embrace policies that facilitate activities to promote healthier lifestyles and communities, including healthy diet and nutrition and adoption of city design and planning principles that enable citizens of all ages and abilities to undertake exercise; and WHEREAS, the League of California Cities has a strategic goal to promote and develop safe and healthy cities; and WHEREAS, more than half of California's adults are overweight or obese and therefore at risk for many chronic conditions including diabetes, heart disease, cancer, arthritis, stroke, and, hypertension; and WHEREAS, one in four youth between the ages of 9 and 16 in California is overweight therefore facing greater risks of developing type 2 diabetes, high blood pressure, asthma, orthopedic problems and gallstones, as well as low self - esteem, poor body image, and depression; and WHEREAS, the current generation of children are expected to have shorter lives than their parents due to the consequences of obesity; and WHEREAS, obesity takes a tremendous toll on the health, productivity of all Californians; and WHEREAS, the annual cost to California —in medical bills, workers compensation and lost productivity— for overweight, obesity, and physical inactivity exceeds $41 billion; WHEREAS, teens and adults who consume one or more sodas or sugar sweetened beverages per day are more likely to be overweight or obese; WHEREAS, California Senate Bill 375 and Assembly Bill 32 call on cities to adopt plans to reduce greenhouse emissions which include reducing vehicular miles traveled; and WHEREAS, local land use policy governs development of the built environment in which individuals make personal nutrition and physical activity choices; and WHEREAS, by supporting the health of residents and the local workforce would decrease chronic disease and health care costs and increase productivity; and WHEREAS, the city of Beaumont has supported healthy and active lifestyle choices through programs, policies and land use decisions such as connectivity between residential neighborhoods and school, plans for walkable and bike friendly neighborhoods, a comprehensive park and trail system, the city's new Community Center, and internal programs to promote healthy lifestyles for employees and for residents involved in various city programs. NOW, THEREFORE, LET IT BE RESOLVED that the City Council hereby recognized that obesity is a serious public health threat to the health and wellbeing of adults, children and families in the city of Beaumont. While individual lifestyle changes are necessary, individual effort alone is insufficient to combat obesity's rising tide. Significant societal and environmental changes are needed to support individual efforts to make healthier choices. To that end, the city of Beaumont adopts this Healthy Eating Active Living resolution: • Plan and construct a built environment that encourages walking, biking and other forms of physical activity; • Address walking and biking connectivity between residential neighborhoods and schools, parks, recreational resources, and retail; • Expand community access to indoor and outdoor public facilities through joint use agreements with schools and/or other partner 1. Wellness for Citizens and Employees BE IT FURTHER RESOLVED that in order to promote wellness within the city of Beaumont, and to set an example for other businesses, Beaumont pledges to adopt and implement an employee wellness policy that will: • Offer employee health incentives for healthy eating and physical activity; • Accommodate breastfeeding employees upon their return to work; • Encourage walking meetings. BE IT FURTHER RESOLVED to set nutrition standards for food offered at city events, city sponsored meetings, served at city facilities and city concessions, and city programs. II. Healthy Food Access BE IT FURTHER RESOLVED that the city of Beaumont encourages restaurants doing business in Beaumont to: • Disclose the calorie amount and grams of fat for each menu item listed on a menu or menu board in a clear and conspicuous manner. • Remove foods containing artificial trans fat from their menu offering. BE IT FURTHER RESOLVED that restaurants and food retailers that promote healthy food choice in the above manners be recognized by the city and will be entitled to display a Beaumont Healthy Eating Active Living logo. III. Implementation BE IT FURTHER RESOLVED that the head of each affected agency or department should report back to the City Council annually regarding steps taken to implement the Resolution, additional steps planned, and any desired actions that would need to be taken by the city council. PASSED AND ADOPTED by the City Council of the City of Beaumont on this 1St day of March 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Brian E. De Forge, Mayor ATTEST: Deputy City Clerk egional onservation Authority Westem Riverside County Board of Directors February 7, 2011 Jeff Chairman The Honorable Brian DeForge, Mayor Jett Stone County of Riverside City of Beaumont Vice Chairman 550 East Sixth Street Jim Hyatt Beaumont, CA 92223 city of Calirnesa City (i, Bash RE: CITY COUNCIL ACTION REQUESTED — FOURTH AMENDED AND William f Bate , RESTATED JOINT EXERCISE OF POWERS AGREEMENT VVitlian, sates City of Moreno [lnllett CREATING THE WESTERN RIVERSIDE COUNTY REGIONAL Ben Benoit CONSERVATION AUTHORITY City{ of Wildorrrar Jahn Benoit Dear Mayor DeForge: Cormty of Rh,crsidc Roger Berg The Board of Directors of the Western Riverside County Regional Conservation City of Beat,"'ont Authority, at their meeting of February 7, 2011, approved the Fourth Amended Randy Bonner and Restated Joint Exercise of Powers Agreement (JPA) creating the Western City of Canyon Lake Riverside County Regional Conservation Authority. Said amended agreement Bob Buster would add the City of Eastvale to the joint powers authority once all of the Co.,tnty of Rivvr5itic M aryann Edwards member agencies have adopted the proposed amended agreement. City of '7'e111ccula Thomas Fuhrman Enclosed is the proposed Amended and Restated JPA along with 26 signature Girt, 4A1cnif,C pages for the City of Beaumont. We are requesting 26 original signatures in N ike Gardner order that all of the member agencies may be provided with a fully executed City of Riverside original of the JPA. Each member agency must place the item on the agenda Linda Krupa for approval. Once it is approved, please return the JPA with the 26 original (,it it of Cier7,'t signature pages to me. Once all of the signature pages are received, each Alan Long member agency will be provided with a fully executed original JPA for their City of AIurricla records. John Machisic citynfBanuittt> Your expeditious approval of the Fourth Amended and Restated Joint Exercise ity ossa e lenae` of Powers Agreement would be greatly appreciated in order that the City of City �!f Lake F_leirt�rre Scott Miller Eastvale may become a member agency of the Western Riverside County City (if Sail Jacinto Regional Conservation Authority as soon as possible. Should you have any Eugene tvkmtanez questions, please feel free to call me at (951) 955 -9700. City of Corona John Favaglione Sincerely, County of Riverside Mark Yarbrough City of Perris Honey Bernas Director of Administrative Services Executive Staff Charles LandrG> Enclosures: Fourth Amended and Restated Joint Exercise of Powers Executive Director Agreement Creating the Western Riverside County Regional Conservation Authority with 26 Signature Pages 3403 1011, Street, Suite 320 Riverside, California 92501 cc: Karen Thompson, City Clerk P.O. Box 1667 Alan Kapanicas, City Manager Riverside, California 92502 -1667 Phone: (951) 955 -9700 Fax: (951)955 -4573 www.wrc-rca.org tllu 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FOURTH AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY This Joint Powers Agreement dated 2011 is made by and between the COUNTY OF RIVERSIDE, and the Cities of BANNING, BEAUMONT, CALIMESA, CANYON LAKE, CORONA, EASTVALE, HEMET, LAKE ELSINORE, MENIFEE, MORENO VALLEY, MURRIETA, NORCO, PERRIS, RIVERSIDE, SAN JACINTO, TEMECULA and WILDOMAR, hereinafter sometimes referred to collectively as "Parties," for the purpose of acquiring, administering, operating and maintaining land and facilities for ecosystem conservation and habitat reserves for certain rare, threatened and endangered species covered by the Western Riverside County Multiple Species Habitat Conservation Plan, hereinafter referred to as the "MSHCP." RECITALS WHEREAS, the Cities and the County, hereinafter sometimes jointly referred to as "Parties ", are authorized and empowered to contract with each other for the joint exercise of powers pursuant to Article 1, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code of the State of California, hereinafter referred to as "the Act "; and WHEREAS, the County and the Cities each have the authority and power to prepare and implement habitat conservation plans for the protection of rare, threatened and endangered species, and to acquire, own, maintain and operate habitat reserves for such species in connection with said habitat conservation plans; and WHEREAS, the formation of a single public agency would most efficiently serve the interests of the County and Cities by allowing the County and the Cities to jointly exercise the aforementioned powers; and and WHEREAS, the County in consultation with the Cities has prepared the MSHCP; WHEREAS, the County and the Cities desire to organize themselves pursuant to 26493.00003 \1574539.4 -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 this Joint Powers Agreement, hereinafter referred to as the "Agreement ", to implement the MSHCP should the MSHCP ultimately be approved by the County and Cities; and WHEREAS, the original Joint Powers Agreement was dated January 27, 2004 and was entered into between the County of Riverside and fourteen (14) cities in western Riverside County; and WHEREAS, the Cities of Menifee and Wildomar became member agencies on April 7, 2009; and WHEREAS, the parties and the City of Eastvale desire that the City of Eastvale become a member of the Western Riverside County Regional Conservation Authority. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter stated, the Parties hereto agree as follows: Section 1. Purpose. The purpose of this Agreement is to create a public agency to acquire, administer, operate and maintain land and facilities to establish habitat reserves for the conservation and protection of species covered by the MSHCP and to implement the MSHCP in the event the MSHCP is approved by the County and Cities and appropriate permits are issued by the U.S. Fish and Wildlife Service and the California Department of Fish and Game. Additionally, this Agreement shall permit the financing of public capital improvements and those purposes permitted under the Marks -Roos Local Bond Pooling Act of 1985, being Article 4 (commencing with Section 6584) of Chapter 5, Division 7, Title 1 of the California Government Code (the "Bond Law ") Section 2. Creation of the Authority. Pursuant to the Act and the Bond Law, there is hereby created a public agency to be known as the "Western Riverside County Regional Conservation Authority," hereinafter referred to as the "RCA." The RCA shall be a public agency, separate and apart from its members, and as provided by law and not otherwise prohibited by this Agreement, shall be empowered to take such actions as may be necessary or desirable to implement and carry out the purposes of this Agreement. 26493.00003 \1574539.4 -2- 1 2 3 4 5 roil 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 3. Powers. In carrying out the purpose of this Agreement, the RCA shall have the following powers: A. To make and enter into contracts; B. To employ agents, consultants, attorneys and employees; C. To acquire property, and any interest in property, both real and personal by purchase, gift, option, grant, bequest, devise or otherwise, and hold and dispose of such property; D. To conduct and direct studies and to develop and implement plans to complement, modify or supplement the MSHCP; E. To incur debts, liabilities, and obligations; F. To sue and be sued in its own name; G. To employ reserve managers and other personnel to operate, maintain, and administer the habitat reserves established through implementation of the MSHCP; H. To be an applicant, make applications for, and receive grants from governmental and private entities and to participate in State bond issues; I. To prepare project reports and applications, to qualify for grants, and to enter into grant contracts and to do all other things necessary to comply with State and Federal laws and regulations with respect to grants; J. To borrow or receive advances of funds from its members or from such other sources as may be permitted by law; K. To contract with its members and other entities who operate or will operate the habitat reserves established through implementation of the MSHCP; L. To issue bonds, notes, warrants and other evidences of indebtedness to finance costs and expenses to carry out the powers of the RCA; M. To acquire, hold, and dispose of equipment; 26493.00003 \1574539.4 -3- I N. To lobby state and federal governments and their officials as well as private 2 entities to obtain funding for implementation of the MSHCP and employ 3 individuals or entities to conduct such lobbying activities on its behalf; and 4 O. To exercise the powers granted to it under the Act, including, but not limited to, 5 the Bond Law and the powers common to each member, as may be necessary 6 to accomplish the purposes of this Agreement. 7 P. To invest money in the treasury pursuant to Section 6505.5 of the Act that is not 8 required for the immediate necessities of the Authority, as the Authority 9 determines is advisable, in the same manner and upon the same conditions as 10 local agencies, pursuant to Section 53601 of the California Government Code. 11 Section 4. Term. The term of this Agreement shall continue until terminated by 12 the Parties hereto by their mutual written consent as set forth in Section 5 of this 13 Agreement. 14 Section 5. Termination, Withdrawal and Amendment. 15 A. This Agreement shall be automatically terminated and considered null and 16 void in the event the MSHC.P is not approved by the County and the Cities or 17 appropriate permits are not issued by the U.S. Fish and Wildlife Service and the 18 California Department of Fish and Game. 19 B. Any Party to this Agreement may withdraw for any reason upon giving all 20 other Parties sixty (60) days advance written notice of the effective date of such 21 withdrawal. This Agreement shall thereupon be deemed automatically amended to 22 reflect the withdrawal of said Party from the RCA and this Agreement. Upon withdrawal 23 of any Party from the RCA and this Agreement, the withdrawing Party shall not receive 24 any distribution, partial or otherwise, of any cash or other assets of the RCA. 25 C. Provided there is mutual consent by the governing bodies of each of the 26 Parties to this Agreement, evidenced in writing, this Agreement may be: (1) amended to 27 add new Parties; or (2) amended to change any portion of this Agreement. Alternatively, 28 any Western Riverside County city may become a party to the Authority upon such terms 26493.00003 \1574539.4 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and conditions as established by the Board or Executive Committee. Any Western Riverside County city shall become a party to the Authority by the adoption by the city council of this Agreement and the execution of a written addendum to this Agreement agreeing to the terms of this Agreement and agreeing to any additional terms and conditions that may be established by the Board or Executive Committee. D. The Parties to this Agreement specifically agree that this Agreement creates an entity which may acquire or hold property. Pursuant to California Government Code Sections 6511 and 6512, upon completion of the purposes of this Agreement or upon termination thereof, any property or assets acquired or surplus money on hand which was obtained pursuant to this Agreement and which is not required by law or contract to be distributed in a different manner, may be returned to the then Parties to the Agreement in proportion to the contributions made, or in the alternative, may be transferred to any local, state, federal or private entity who agrees to assume the duties and obligations of the RCA. However, any distribution of assets shall be subject to the prior discharge of enforceable liability against the RCA. Subject to the foregoing, each Parties proportionate share shall be based upon each Parties contributions to the RCA submitted to the RCA in accordance with Sections 17.A. and B. below. Section 6. RCA Board and Membership. This Agreement and the authority hereby created shall be administered by the governing body of the RCA which shall be known as the "Board of the Western Riverside County Regional Conservation Authority" hereinafter referred to as the "Board." The regular members of the Board shall be the five members of the Riverside County Board of Supervisors and one member from each incorporated city who is signatory to the Agreement. Written notification of the appointment of a City representative shall be provided to the Chairperson of the Board. Each member of the Riverside County Board of Supervisors may appoint an alternate member and each City may appoint one alternate member. Each regular member and alternate City appointed member must hold an elective office on the 26493.00003 \1574539.4 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 respective governing body appointing the regular or alternate member. The Board of Supervisors may appoint a city council member of a member city to represent each Board of Supervisor member as an alternate at meetings of the RCA Board or committees. Notwithstanding the prior sentence, in no event shall the same person serve as a city representative and alternate for the Board of Supervisor's member of the same meeting. Notice of the appointment of an alternate shall be made in writing to the chairperson of the RCA Board. In the absence of a regular member, the alternate member shall, if present, participate in a meeting of the Board the same as if the alternate member were the regular member. Regular members and alternate members shall serve on the Board during the term for which they were appointed or until their successor has, been appointed or their appointment has been revoked, whichever is earlier. However_ a rPni dnr nr nl+Arnn +e member's position on the Board shall automatically terminate if and when the term of the elected public office of such regular or alternate member is terminated. When a vacancy occurs, it shall be the duty of the respective Party having the vacancy to promptly inform the Board of the name of the replacement regular or alternate member. Regular members and alternate members, if participating in a meeting of the Board on behalf of a regular member, shall be entitled to compensation for participation in meetings of the Board and necessary traveling and personal expenses incurred in the performance of the member's duties as authorized by the Board. Such compensation shall be fixed by resolution of the Board. Section 7. Meetings of the RCA Board. A. Meetings. The Board shall establish the time and place for its regular and special meetings. The dates, hour and location of regular meetings shall be fixed by resolution of the Board and a copy of such resolution shall be provided to the governing body of each of the Parties and with each Party's designated regular and alternate member. Special meetings and adjourned meetings may be held as required or permitted by law. 26493.00003 \1574539.4 M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Ralph M. Brown Act. All meetings of the Board, including without limitation, regular, special and adjourned meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California Government Code). C. Quorum and Voting. A majority of the members of the Board shall constitute a quorum for the transaction of business and all official acts of the Board shall require the affirmative vote of a majority of the members of the Board. Each regular member or alternate member acting in the place of a regular member shall have one vote at meetings of the Board. However, any member of the Board, immediately after a vote of the Board and prior to the start of the next item on the agenda may call for a weighted vote. For an item to be passed by weighted vote, all of the following requirements shall be met: I. the item shall be approved by a majority of the Board members present at the meeting who represent the Riverside County Board of Supervisors, who each shall have one vote; II. the item shall be approved by a majority of the Board members present at the meeting who represent Cities, who each shall have one vote; and III. the item shall be approved by Board members present at the meeting who represent Cities representing a majority of an equal combination of 1) the population of the county living in incorporated areas within the boundaries of the MSHCP Plan area, and 2) the number of acres currently within the Criteria Cells in the incorporated areas as follows: Banning — 78 acres; Beaumont — 10,098 acres; Calimesa — 3,380 acres; Canyon Lake — 303 acres; Corona — 2,315 acres; Eastvale — 1,024 acres; Hemet — 1,158 acres; Lake Elsinore — 14,336 acres; Menifee — 249 acres; Moreno Valley — 2,325 acres; Murrieta — 8,726 acres; Norco — 734 acres; Perris — 3,181 acres; Riverside — 1,201 acres; San Jacinto — 4,580 acres; Temecula — 3,899 acres; and Wildomar — 4,151 acres. Population data shall be determined through California Department of Finance estimates, adjusted annually. 26493.00003 \1574539.4 iWO! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In addition, the Board may, through resolution, revise the above - referenced number of acres due to the addition of a new member entity or other appropriate adjustments as the Board deems necessary. D. The Board may adopt, from time to time, such rules and regulations for the conduct of its meetings and affairs as it may deem necessary, including, without limitation, the designation of a person to record and transcribe the minutes of each public meeting of the RCA. Section 8. Officers. The Board shall select a Chairperson and a Vice- Chairperson at its first meeting and at the first meeting held in each succeeding calendar year. Additionally, at its first meeting and at the first meeting held in each succeeding calendar year shall, the Board shall select any other officers it deems appropriate. In the event an officer resigns or ceases to be an officer, the Board shall select a replacement therefore at the next regular meeting of the Board. In the absence or inability of the Chairperson to act, the Vice - Chairperson shall act as Chairperson. A. Treasurer. The treasurer of a member agency shall serve as the treasurer of the RCA. The Board pursuant to the adoption of a resolution shall appoint the treasurer of a member agency to serve as the Treasurer. The Treasurer shall have the custody of the RCA money and disburse RCA funds pursuant to the accounting procedures developed in accordance with the provisions of this Agreement, the Act, and with those procedures established by the Board. The Treasurer shall assume the duties described in Section 6505.5 of the Government Code, namely: receive and receipt for all money of the RCA and place in the Treasury of the Treasurer to the credit of the RCA; be responsible upon an official bond as prescribed by the Board for the safekeeping and disbursement of all RCA money so held; pay, when due, out of money of the RCA so held, all sums payable, only upon warrants of the officer performing the functions of the Controller who has been designated by the RCA or Board; verify and report in writing on the first day of July, October, January and April of each year to the RCA the amount of money held for the RCA, the amount of receipts since the last report, 26493.00003 \1574539.4 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and the amount paid out since the last report; and perform such other duties as are set forth in this Agreement or specified by the Board. B. Controller. The Finance Director of a member agency shall serve as the Controller of the RCA. The Board pursuant to the adoption of a resolution shall appoint the finance director of a member agency to serve as the Controller. The Controller shall draw warrants to pay demands against the RCA when such demands have been approved by the Board or by any other person authorized to so approve such by this Agreement or by resolution of the Board. The Controller shall perform such duties as are set forth in this Agreement and such other duties as are specified by the Board. There shall be strict accountability of all funds and reporting of al receipts and disbursements. The Controller shall establish and maintain such procedures, funds and accounts as may be required by sound accounting practices, the books and records of the RCA in the possession of the Controller shall be open to inspection at all reasonable times by representatives of the Parties. The Controller, with the approval of the RCA, shall contract with an independent certified public accountant or firm or certified public accountants to make an annual audit of the accounts and records of the RCA, and a complete written report of such audit shall be filed as public records annually, within six (6) months of the end of the fiscal year under examination, with each of the Parties. Such annual audit and written report shall comply with the requirements of Section 6505 of the Government Code. The cost of the annual audit, including contracts with, or employment of such independent certified public accountants in making an audit pursuant to this Agreement shall be a charge against any unencumbered funds of the RCA available for such purpose. I he Board by unanimous vote, may replace the annual audit with a special audit covering a two -year period. Section 9. MSHCP Advisory Committee. Within thirty (30) days after issuance of the permits by the U.S. Fish and Wildlife Service and California Department 26493.00003\ 1574539.4 i� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of Fish and Game for the MSHCP, the Board shall form an MSHCP Advisory Committee. The MSHCP Advisory Committee shall consist of the Riverside County Habitat Conservation Agency (RCHCA) Board of Directors and one representative from each City who is not a member of the RCHCA. Within six (6) months of execution of this Agreement, or at any time thereafter, the Board may review the RCA organizational structure established by this Agreement to determine if it is facilitating MSHCP implementation. Section 10. Executive Director. The Board shall retain an Executive Director to administer the MSHCP in compliance with the duties and responsibilities set forth in Sections 5.0 and 6.0 of the MSHCP. As required by the MSHCP, the RCA shall initially contract with the County of Riverside to provide an appropriate department or individual to act as the Executive Director within thirty (30) days of the formation of the RCA. The appropriate department or individual shall be recommended by the County's Executive Officer and considered by the Board. It is understood by the Parties to this Agreement that the Board may accept or reject the County Executive Officer's recommendation of an appropriate department or individual to serve as the Executive Director. This contract shall be for an initial term of three (3) years. At least six (6) months prior to the expiration of this initial contract term, the Board shall review the County department's or individual's performance as Executive Director. Based upon this review, the Board may elect to extend the contract with the County or select an alternative entity or individual for the Executive Director position upon expiration of the initial term. Section 11. RESERVED Section 12. Monitoring Program Administrator. Upon issuance of the permits for the MSHCP by the U.S. Fish and Wildlife Service and California Department of Fish and Game and for a period of eight (8) years thereafter, the California Department of Fish and Game shall serve as the Monitoring Program Administrator for the MSHCP. The Monitoring Program Administrator shall be responsible for implementing the monitoring program contained in Section 5.0 of the MSHCP and shall perform all duties 26493.00003 \1574539.4 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and responsibilities as set forth in Sections 5.0 and 6.0 of the MSHCP. Thereafter, the Board may elect to have the Department continue acting in the capacity or shall select an alternative individual or entity for this position if the Board determines that the Department cannot adequately perform the duties and responsibilities of this position. Section 13. Reserve Managers. The Board shall retain at least one Reserve Manager to manage lands owned by the RCA within the MSHCP Conservation Area. This Reserve Manager(s) shall report to the Executive Director and shall perform all the duties and responsibilities set forth in Section 5.0 and Section 6.0 of the MSHCP. Additionally, Reserve Managers managing lands owned by any Party to this Agreement that are within the MSHCP Conservation Area shall report to the Executive Director. Section 14. Independent Science Advisors. The Board shall retain, as appropriate, independent science advisors who are qualified biologists and conservation experts with expertise in species covered by the MSHCP and their habitats. Additionally, to the extent feasible, the independent science advisors shall have experience in land management. Independent science advisors shall be retained on an annual basis, shall report to the Executive Director and shall comply with the duties and responsibilities set forth in Section 6.0 of the MSHCP. Section 15. Funding Coordination Committee. Within one hundred and twenty (120) days after issuance of the permits by the U.S. Fish and Wildlife Service and California Department of Fish and Game for the MSHCP, the Board shall form a Funding Coordination Committee to provide recommendations to the Board on local funding priorities and local MSHCP Conservation Area acquisitions. Members of this committee shall be appointed by the Board and shall consist of, at a minimum, representatives of the Parties to this Agreement, the U.S. Fish and Wildlife Service, and the California Department of Fish and Game. To the extent feasible, members of the Funding Coordination Committee shall have expertise in real estate or land use planning and /or experience implementing large scale conservation programs. 26493.00003 \1574539.4 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Funding Coordination Committee shall make recommendations to the Board through the Executive Director on local land acquisitions and funding priorities. Additionally, this Committee shall provide a forum to discuss land acquisition priorities of the U.S. Fish and Wildlife Service and California Department of Fish and Game and acquisitions by other entities using non -local sources of revenue. The Board shall establish policies under which the Funding Coordination Committee shall make recommendations to the Board. Such policies shall include conflict of interest guidelines for the Committee members. The Planning Directors of each Party to this Agreement shall receive prior notice of all meetings of the Funding Coordination Committee. Such notice shall include a meeting agenda and a list of potential acquisition sites, if applicable. The Planning Directors or their designated representatives may participate in Committee meetings, as appropriate. Section 16. Reserve Management Oversight Committee. The Reserve Management Oversight Committee (RMOC) shall be formed within sixty (60) days of the effective date of the contract between the RCA and the County concerning the establishment of an Executive Director. The RMOC shall be composed of, at a minimum, one representative appointed by each of the following entities: A. U. S. Fish and Wildlife Service, B. California Department of Fish and Game, C. Riverside County Regional Parks and Open Space District, D. Bureau of Land Management, E. U.S. Forest Service, F. California Department of Parks and Recreation, G. RCA, and H. Up to five (5) other private or public agencies or entities that own or manage land within the MSHCP Conservation Area. 26493.00003 \1574539.4 -12- 1 2 3 4 5 6 VA 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The RMOC shall serve as the intermediary between the Reserve Managers and the decision making function of the RCA. The Executive Director shall serve as chair of the RMOC. Section 17. Rules and Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. The Act, the Bond Law, and the laws of the State of California applicable to a general law city shall govern the RCA in the manner of exercising its powers, subject, however, to such restrictions as are applicable to said city in the manner of exercising such powers, as required by Government Code Section 6509. The Board, at its first meeting or as soon thereafter as may be possible, shall adopt such rules and regulations as the Board may deem necessary for the conduct of the RCA's affairs. Among these rules shall be a conflict of interest code and a purchasing ordinance. The Board may, as it deems appropriate, review and revise these rules and regulations. Section 18. Fiscal Year. The fiscal year of the RCA shall be the period commencing on July 1 of each year and ending on and including the following June 30. Section 19. Contributions /Estimated Budget. A. Contributions of Development Mitigation Fees. The Parties to this Agreement shall impose a development mitigation fee on all new development to support the acquisition of additional reserve lands pursuant to the MSHCP. All development mitigation fees collected by the Parties shall be forwarded to the RCA within ninety (90) days after receipt by each Party. The RCA may, in its discretion, conduct an audit of the development mitigation fees collected by any Party to this Agreement. B. Other Contributions. The RCA may accept contributions of money or property from the Parties or other individuals or entities including but not limited to contributions from Parties, MSHCP Permittees and Special Participating Entities who obtain take authorization under the MSHCP for public utility, schools, transportation, flood control and other public infrastructure projects. Additionally, a Party may hold and 26493.00003 \1574539.4 W11191111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24. 25 26 27 28 manage its own property as a contribution to implementation of the MSHCP and the MSHCP Conservation Area. Landfill Tipping Fees and Density Bonus Fees collected by the County may be contributed to the RCA on an annual basis subject to the discretion of the Board of Supervisors. C. Use of Contributions. When approved by the Board, revenues received by the RCA, including without limitation, fees and other contributions, shall be used to implement the MSHCP. In addition, the RCA shall reimburse the County for anv and all litigation costs, including but not limited to attorneys fees, incurred in defense of any legal challenge concerning the adoption of the MSHCP or any related actions as well as any costs incurred to establish the Executive Director and any other necessary staff prior to entering into the contract contemplated in Section 10 of this Agreement. D. Budget. The annual budget for the RCA shall be prepared by the Executive Director. The annual budget shall be based on an estimate of the amount of revenue necessary to implement the MSHCP during the ensuing fiscal year and shall consider necessary land acquisition, improvements, maintenance, management, monitoring, administration, and operation costs during the current fiscal year as such costs are set forth in the then current approved budget for the RCA. Section 20. MSHCP Reporting Requirements. In order to assist in the preparation of the annual report required to be prepared by the RMOC and submitted to the USFWS, CDFG, and RCA as set forth in the MSHCP and Implementing Agreement, the Parties shall on a monthly basis provide the following information to the RCA: A. grading permit activity including the number of the permit issued, the location of the development site identified by assessor's parcel number, and the amount of acreage disturbed; B. single family home and mobile home construction activity within the Criteria Area including the number of the grading, building, site preparation or installation permit issued and the location of the development site identified by assessor's parcel number; 26493.00003 \1574539.4 -14- 1 2 3 4 5 n 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. development mitigation fee collection including identification by assessor's parcel number of the project for which the fee was collected, the amount of the fee paid, and any exemptions or credits that may have been included in any calculation of the fee; and D. any other information required to comply with the provisions of the MSHCP as may be determined necessary by the Executive Director. In addition, the County shall submit on an annual basis all information contained in the Existing Agricultural Operations Database including the amount of new agricultural land, if any, added to the Database as well as any documentation concerning the expansion of agricultural operations within the Criteria Area. Section 21. Joint Project/Acquisition Review Process. To ensure that the requirements of the MSHCP and its Implementing Agreement are properly met, a joint project/acquisition review process shall be instituted by the RCA. This process is set forth in Section 6 of the MSHCP. Section 22. Liabilities. Except as may be provided herein, the debts, liabilities and obligations of the RCA shall be the debts, liabilities and obligations of the RCA alone, and not of the Parties to this Agreement. Section 23. Indemnification. Provided that a Party has acted in good faith and in accordance with this Agreement, the approved MSHCP and its Implementing Agreement and the Permits, the RCA shall defend, indemnify and hold such Party free and harmless from any loss, liability or damage incurred or suffered by such Party by reason of litigation arising from or as a result of any of the following: the Party's development mitigation fee ordinance; the Party's participation in the RCA; actions taken to approve and /or implement the MSHCP; claims of inverse condemnation or unconstitutional takings against a Party; or any other act performed or to be performed by the Party pursuant to this Agreement, the MSHCP, its Implementing Agreement or the Permits; provided, however, that such indemnification or agreement to hold harmless 26493.00003 \1574539.4 -15- 1 2 3 4 5 6 7 8 9 10 11 i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 pursuant to this Section shall be recoverable only out of RCA assets and not from other Parties. Section 24. Notices. Notices required or permitted hereunder shall be sufficiently given if made in writing and delivered either personally or by registered or certified mail, postage prepaid to said respective Parties, as follows: A. Regional Conservation Authority Executive Director 3403 10th Street, Suite 320 Riverside, CA 92501 (951) 955 -9700 (951) 955 -8873 fax B. County of Riverside Transportation and Land Management Agency Agency Director 4080 Lemon Street, 7th Floor Riverside, CA 92501 (951) 955 -6742 (951) 955 -6879 fax C. City of Banning City Manager 99 E. Ramsey Street Banning, CA 92220 (951) 922 -3103 (951) 922 -3128 fax D. City of Beaumont City Manager 550 E. 6th Street Beaumont, CA 92223 (951) 769 -8520 (909) 769 -8526 fax E. City of Calimesa City Manager 908 Park Ave Calimesa, CA 92320 (909) 795 -9801 (909) 795 -4399 fax F. City of Canyon Lake City Manager 31516 Railroad Canyon Road 26493.00003 \1574539.4 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Canyon Lake, CA 92587 (951) 244 -2955 (951) 246 -2022 fax G. City of Corona City Manager P.O. Box 940 Corona, CA 92878 (951) 736 -2371 (951) 736 -2493 fax H. City of Eastvale City Manager 6080 Hamner Avenue, Suite 103 Eastvale, CA 91752 (951) 361 -0900 (951) 361 -0888 fax I. City of Hemet City Manager 445 E. Florida Avenue South Hemet, CA 92543 (951) 765 -2300 (951) 765 -3785 fax J. City of Lake Elsinore City Manager 130 S. Main Street Lake Elsinore, CA 92530 (951) 674 -6727 ext. 261 (951) 674 -2392 fax K. City of Menifee City Manager 29683 New Hub Drive, Suite C Menifee, CA 92586 (951) 672 -6777 L. City of Moreno Valley City Manager P.O. Box 88005 Moreno Valley, CA 92553 (951) 413 -3008 (951) 413 -3760 fax M. City of Murrieta City Manager 24601 Jefferson Avenue 26493.00003 \1574539.4 -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Murrieta, CA 92562 -9755 (951) 698 -1040 (951) 698 -9885 fax N. City of Norco City Manager 2870 Clark Avenue Norco, CA 92860 (951) 270 -5611 (951) 270 -5622 fax O. City of Perris City Manager 101 North D Street Perris, CA 92570 (951) 657 -5882 (951) 657 -1087 fax P. City of Riverside City Manager 3900 Main Street Riverside, CA 92522 (951) 826 -5991 (951) 826 -5470 fax Q. City of San Jacinto City Manager 595 S. San Jacinto Avenue, Building B San Jacinto, CA 92583 (951) 487 -7342 (951) 654 -3728 fax R. City of Temecula City Manager PO Box 9033 Temecula, CA 92589 -9033 (951) 694 -6440 (951) 694 -6499 fax S. City of Wildomar City Manager 23738 Clinton Keith Road Wildomar, CA 92595 (951) 677 -7751 26493.00003\ 1574539.4 -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The listed addresses shall serve as the official address for any notices until such time as any Party gives notice to all other Parties of a change in address in accordance with the terms of this section. Section 25. Severability. If any section, clause or phrase of this Agreement or the application thereof to any Party or any other person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, it shall be deemed severable and the remainder of the Agreement or the application of such provisions to the other party or to other persons or circumstances shall not be affected thereby. Section 26. Other Agreements Not Prohibited. Other agreements by and between the Parties of this Agreement or any other entity are neither prohibited nor modified in any manner by execution of this Agreement. Furthermore, the Parties hereto agree upon request to execute, acknowledge and deliver all additional papers and documents necessary or desirable to carry out the intent of this Agreement. Section 27. Other Obligations. The responsibilities and obligations of each Party to this Agreement shall be solely as provided in this Agreement, or as may be provided for in supplemental agreements to be executed by the Parties. Section 28. Non - Assignability. The rights, titles and interests of any Party to this Agreement shall not be assignable or transferable without the consent of the governing body of each Party hereto. Section 29. Section Headings. The section headings herein are for convenience of the Parties only, and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions or language of this Agreement. Section 30. Construction of Language. It is the intention of the Parties hereto that if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. 26493.00003\ 1574539.4 -19- 1 2 3 4 5 6! i 7 8 9' 10 i 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 31. Cooperation. The Parties recognize the necessity and hereby agree to cooperate with each other in carrying out the purposes of this Agreement, including cooperation in matters relating to the public, accounting, litigation, public relations and the like. Section 32. Future Amendments. To preserve a reasonable degree of flexibility, many parts of this Agreement are stated in general terms. It is understood that there may be Amendments to this Agreement which will further define the rights and obligations of the Parties. Section 33. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Parties hereto. Original JPA Approved January 27, 2004 Amendment No. 1 Approved April 29, 2007 Amendment No. 2 Approved March 11, 2008 Amendment No. 3 Approved April 7, 2009 Amendment No. 4 Approved , 2011 26493.00003 \1574539.4 -20- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized as of the date first above written. Dated: COUNTY OF RIVERSIDE Attest: Dated: Attest: City Clerk Dated: Attest: City Clerk Dated: Attest: City Clerk 26493.00003 \1574539.4 -21- By: Chairman, Board of Supervisors CITY OF BANNING By: Mayor CITY OF BEAUMONT By: Mayor CITY OF CALIMESA By: Mayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: Attest: City Clerk Dated: Attest: City Clerk Dated: Attest: Dated: Attest: City Clerk Dated: Attest: City Clerk 26493.00003 \1574539.4 -22- CITY OF CANYON LAKE By: Mayor CITY OF CORONA By: Mayor CITY OF EASTVALE c CITY OF HEMET By: Mayor CITY OF LAKE ELSINORE By: Mayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: CITY OF MENIFEE Attest: By: City Clerk Mayor Dated: CITY OF MORENO VALLEY Attest: City Clerk Dated: Attest: City Clerk By: Mayor CITY OF MURRIETA By: Mayor Dated: CITY OF NORCO Attest: By: City Clerk Mayor 26493.00003 \1574539.4 -23- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: Attest: City Clerk Dated: Attest: City Clerk Dated: Attest: City Clerk Dated: Attest: City Clerk Dated: Attest: City Clerk 26493.00003 \1574539.4 -24- CITY OF PERRIS By: Mayor CITY OF RIVERSIDE By: Mayor CITY OF SAN JACINTO By: Mayor CITY OF TEMECULA By: Mayor CITY OF WILDOMAR By: Mayor Agenda Item No. -3—. _h STAFF REPORT To: Honorable Mayor and City Council From: City Manager Date: March 1, 2011 Subject: Two Resolutions: (1) A Resolution Amending the City of Beaumont Bikeway and Pedestrian Master Plan; (2) A Resolution Authorizing a Grant Application for Bicycle Transportation Account Grant Funding. Background and Analysis: The City of Beaumont's Bikeway and Pedestrian Master Plan was adopted in September 2007 and amended in 2008 and 2010. Since its last amendment, new regional plans for non - motorized forms of transportation have been prepared by County agencies that warranted adding new quantitative data and reorganizing the Plan to make it more compatible with: • Riverside County's Circulation Element • Western Riverside County Non - Motorized Transportation Plan • Coachella Valley Non - Motorized Transportation Plan Staff has coordinated with these agencies and reviewed the City's Master Plan for planning consistency. This review was necessary in order to establish a State "Bicycle Transportation Account" (BTA) and secure additional State funding. Under the BTA Program, the City's Amended Bikeway & Pedestrian Master Plan must be approved by the Riverside County Transportation Commission (RCTC) to be recognized by the State as a "Bicycle Transportation Plan" (BTP). The following revisions are forthcoming in this Amended version of the Master Plan: 1) Add Sections regarding current and future Bicycle Lane Use, consistency with Regional Transportation Plans, compliance with new State laws regarding Air Quality and Energy Conservation, and Facility Funding. 2) Revise/Reorganize sections on current and future Bicycle Use and descriptions of Class I, II, and III Bikeways. 3) Revise Exhibits of current and Future Bikeways & Pedestrian Trails, while showing connectivity with Alternative Modes of Transportation (public parking lots and bus stops) 4) Add Exhibit 8.6: Showing how our Master Plan connects with the County Trail system as well as surrounding local trails. Fiscal Impact: The State of California Bicycle Transportation Account Grant submittal does require a local match component totaling 10% of the total grant amount, not to exceed $39,800. Recommendation: Staff recommends City Council: ADOPT the Resolution amending the City of Beaumont Bikeway and Pedestrian Master Plan; 2. ADOPT the Resolution AUTHORIZING the City Manager to apply for State of California Bicycle Transportation Account Grant Funding for FY 2011 -2012. an C. City Manager RESOLUTION NO. 2011 -04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING THE BIKEWAY AND PEDESTRIAN MASTER PLAN (AMENDMENT NO. 3) WHEREAS, the City proposes to amend its Bikeway and Pedestrian Master Plan (Amendment No. 3) to supplement the City's General Plan and Circulation Element governing land use development and transportation facility improvements within the City of Beaumont; and WHEREAS, Amendment No. 3 is consistent with the previous findings made on November 6, 2007, when the Master Plan was first adopted by the City Council, and subsequent amendments adopted on July 1, 2008 and on October 5, 2010; and WHEREAS, the City finds that Amendment No. 3 complies with the County of Riverside General Plan and Circulation Element for the Pass Area (GP Chapter 4 and Figure 8 of the Circulation Element); and WHEREAS, the City finds that Amendment No. 3 complies with the Western Riverside County Non - Motorized Transportation Plan and supplements to the CVAG Non - Motorized Transportation Plan; and WHEREAS, the City desires to have its Amended Bikeway and Pedestrian Master Plan recognized and approved as a Bicycle Transportation Plan (BTP) by the Riverside County Transportation Commission acting in its capacity as the County's Regional Transportation Planning Agency designated by the State of California's Bicycle Facility Unit of Caltrans in compliance with Streets and Highways Code Section 891.2 (a) through (k) and consistent with the Regional Transportation Plan (RTP); and WHEREAS, the City finds that Amendment No. 3 is compliant with Section 891.2 (a) through (k) and State's RTP for the County of Riverside; and WHEREAS, pursuant to public notice duly given and published, the City Council conducted a public hearing on Amendment No. 3; and WHEREAS, at least ten days prior to the hearing, the City has made the Amended Bikeway and Pedestrian Master Plan available to the public; and WHEREAS, at the time and place set for the hearing, the City Council duly considered that data and information provided by the public relative to the Amendment's adoption and implementation and all other comments, whether written or oral, submitted prior to the conclusion of the hearing; and NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA: Section 1. Adoption. To adopt Amendment No. 3 to the Bikeway and Pedestrian Master Plan and is attached hereto as Exhibit "A ", and incorporates it herein as though set forth in full; Section 2. CEQA Findings. The City Council hereby finds that in accordance with the California Environmental Quality Act ( "CEQA ") and the CEQA Guidelines the adoption of this Resolution is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15304(h) — Minor Alterations of Land for creation of bicycle lanes in existing rights -of -way. MOVED, PASSED, ADOPTED, AND EFFECTIVE this day of March, 2011 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Deputy City Clerk 2 Mayor Brian De Forge EXHIBIT "A" City of Beaumont Bikeway and Pedestrian Master Plan (Amendment No. 3 / 2011 Version) City of Beaumont BIKEWAY AND PEDESTRIAN MASTER PLAN (Third Amendment / February 2011) Prepared for Beaumont City Council Brian De Forge, Mayor Roger Berg, Mayor Pro -tern David J. Castaldo Jeff Fox Nancy Gall Prepared by City of Beaumont / Planning Department 550 E. 6t" Street Beaumont, CA 92223 BIKEWAY AND PEDESTRIAN MASTER PLAN (Third Amendment / February 2011) City of Beaumont, California TABLE OF CONTENTS 1.0 INTRODUCTION ................................................................... ............................... 1 2.0 BACKGROUND ...................................................................... ............................... 2 3.0 OBJECTIVES .......................................................................... ............................... 3 4.0 MASTER PLAN PROCESS ................................................... ............................... 4 4.1 RESEARCH .............................................................................. ............................... 4 4.2 SCOPING ................................................................................. ............................... 4 4.3 PUBLIC INVOLVEMENT ....................................................... ............................... 4 4.3.1 PUBLIC MEETINGS .......................................... ............................... 5 4.4 FIELD INVESTIGATION ........................................................ ............................... 5 4.4.1 FACILITY RIDERSHIP AND FUTURE USEAGE ..... ............................... 5 4.4.2 FACILITY USERS ................................................................. ............................... 6 4.5 MASTER PLAN DEVELOPMENT ......................................... ............................... 6 5.0 NETWORK FACILITIES ..................................................... ............................... 6 5.1 NETWORK FACILITY TYPE & CALTRANS CLASSIFICATION ................... 7 5.1.1 CLASS I BIKEWAY AND PEDESTRIN SHARED USE PATHS ................... 7 5.1.2 CLASS 11 BIKE LANE AND BIKE PATHS ......................... ............................... 8 5.1.3 CLASS III BIKE ROUTES .......................................... ............................... 9 6.0 SUPPORT ELEMENTS ........................................................ ............................... 9 6.1 BICYCLE EDUCATION AND SAFETY .............................. ............................... 10 6.2 BICYCLE PARKING .............................................................. ............................... 10 6.3 CONNECTIVITY WITH OTHER MODES OF TRANSPORTAION .................. 10 6.3.1 CONSISTANCY WITH REGIONAL TRANSPORTATION PLANS ............. 11 6.4 TRAFFIC SIGNAL OPERATIONS ....................................... ............................... 11 6.5 RESIDENTIAL SUBDIVISION DESIGN ............................. ............................... 12 6.6 ADDITTIONAL BIKEWAY FACILITIES .......................... ............................... 12 6.7 BIKEWAY SYSTEM SIGNAGE ........................................... ............................... 12 7.0 IMPLEMENTATION ........................................................... ............................... 13 7.1 ACQUISITION ...................................................................... ............................... 13 7.2 REGULATION ...................................................................... ............................... 13 7.2.1 AIR QUALITY & ENGERY CONSERVATION PLAN COMPLIANCE ........ 14 7.3 CONSTRUCTION, MAINTENANCE, AND OPERATIONS .............................. 14 7.3.1 FACILITY FUNDING ...................................... ............................... 15 7.4 EDUCATION/ ENCOURAGEMENT ................................... ............................... 15 8.0 EXHIBITS ............................................................................. ............................... 16 Appendix A — Group Response Letters Page THIRD AMENDMENT VERSION LIST OF EXHIBITS 8.1 Existing and Proposed Land Use and Settlement Patterns 8.2 Existing and Proposed Bike & Pedestrian Facilities 8.3 End -of -Trip Parking Facilities (Existing and Proposed) 8.4 Connectivity with Other Modes of Transportation (Existing and Proposed) 8.5 Additional Bikeway & Pedestrian Amenities (Existing and Proposed) 8.6 Regional Trail Connectivity with County and Surrounding Locality Trails Page ii THIRD AMENDMENT VERSION 1.0 INTRODUCTION In 2007 the Beaumont City Council adopted a strategy to improve bike and pedestrian friendliness in the City by constructing and maintaining infrastructure related to bike and pedestrian transportation. The current bikeway master plan was adopted in 1992 and needs to be updated to include newly developing areas and to address the needs of bicyclists and pedestrians. The implementation plan for this strategy includes three levels of evaluation: a) Taking the inventory of bike /pedestrian facilities within and surrounding the City b) Determining the efficiencies and inefficiencies of these facilities and the network C) Revising the City's Master Plan to address the "ultimate" layout of the facilities. The bikeway master plan is a long -term strategy for improving and maintaining the appropriate levels of support elements to enhance and improve bicycling safety and multi -modal recreational activities in Beaumont. Moreover, the master plan strives to add a greater connection between homes and high intensity areas (i.e. schools, local businesses, civic centers, sports parks and pools, etc.) The bikeway and pedestrian system is composed of bike lanes, bike routes, and shared use (i.e., bicycle and pedestrian) paths. Since planning of shared use paths are normally designed to accommodate both bicyclists and pedestrians, the Bikeway Master Plan shall also address the needs of pedestrians along these multimodal facilities. To supplement this process, interested citizens and public organizations are assisting City staff in developing this master plan update. The public participation in this process is encouraged to ensure a better understanding of bicycling and pedestrian mobility as viable alternative forms of transportation in Beaumont. Although based upon an aggressive yet fiscally responsible implementation strategy, the Plan's implementation will be gradual. The Bikeway and Pedestrian Master Plan report is organized into the following sections: ■ Background — provides a historical synopsis of the City of Beaumont and sets the background for the desirability of a master planned bike and pedestrian route. • Objectives - introduces the goals of the Bikeway and Pedestrian Master Plan. • Master Plan Process — describes the methods used to achieve the goals of the Bikeway and Pedestrian Master Plan. • Network Facilities - details the updated plans for the on- and off - street bike and pedestrian system. • Support Elements - explains the support elements that will improve and encourage bicycling. • Implementation - includes a list of recommendations that should be used to implement the Bikeway and Pedestrian Master Plan. At the conclusion of this plan, several appendices include detailed information that supports the Bikeway and Pedestrian Master Plan Report. City of Beaumont Bikeway and Pedestrian Master Plan Revision Date 03 -01 -2011 2.0 BACKGROUND The City of Beaumont is located in Riverside County, California in the beautiful San Gorgonio Mountain Pass. Beaumont provides the very best of rustic, rural beauty and charm, combined with the planned growth, abundant recreational opportunities and rich community life offered by one of Southern California's finest cities. Founded in 1912, Beaumont is proud of its rich history as a strategic transportation corridor location connecting the Colorado River to the beaches of Southern California. The town served as a welcome "stopping -off point" for early travelers making their way from the Mohave Desert to Los Angeles, and later for L.A. residents eager to vacation in Palm Springs. Some travelers even set down roots in the town, drawn by its beautiful mountain vistas, clean, crisp air, and the abundance of cherry and apple orchards. Beaumont is proud of these early settlers and their families, many of whom continue to live and thrive in Beaumont. Today, the City of Beaumont is poised for growth. The city was recently ranked #1 among California's fastest growing cities. With a current population of about 30,000 citizens, the city is attracting a host of newcomers, eager to start their new lives in a place that boasts affordable new housing and exciting recreational opportunities. Other local amenities including several "4- Star" golf courses, a new 20 -acre sports park, excellent educational facilities, numerous shopping opportunities, and easy access to major transportation routes (including convenient travel times to Los Angeles, San Diego, and Southern California's mountain and beach area. Bolstering this growth in the flourishing residential market is a surge of new businesses in the City's commercial districts now attracting many major, national retailers. As the City continues to grow, the goal of maintaining the tranquility, safety, and convenience of living in the City of Beaumont remains to be an enduring effort. In order to assist with the reduction of automotive traffic while at the same time encouraging more environmentally friendly modes of travel, the City has created a Master Bikeway & Pedestrian Plan in order to connect a majority of Beaumont's residential, commercial, and recreational districts. While the Master Bikeway & Pedestrian Plan continues to evolve, the City has already seen many of its major roads and streets refashioned with either Class I or Class II bike lanes, due in part to the recent development and construction in the City. Currently, the Master Bikeway & Pedestrian Plan totals nearly 27 t/2 miles bike lane /sidewalk facilities with another 37 miles of proposed improvements remaining to be built per the Exhibit 8.2. It should be noted that the number of proposed facilities should increase per future review and approval of Specific Plan Developments in undeveloped areas within the City's Sphere of Influence south of the I -10 Freeway. Once completed, this Master Plan will connect portions of the City with areas in Riverside County and surrounding Cities. City of Beaumont 2 Bikeway and Pedestrian Master Plan Revision Date 03 -01 -2011 3.0 OBJECTIVES The City of Beaumont General Plan outlines the goals and objectives that the Bike & Pedestrian Master Plan should accomplish. Six of the General Plan goals are specifically related to transportation and include the following: Goal 1: The City of Beaumont will continue to oversee the development of an integrated transportation system capable of meeting the needs to move people and goods by private and public means with maximum efficiency, convenience, economy, safety, and comfort. Goal 2: The City of Beaumont will strive to achieve a safe, balanced and coordinated transportation system that allows for efficient, comfortable, and convenient travel through and within the City and region. Goal 3: The City of Beaumont will continue to oversee development of a circulation system that will serve the needs of the City. Goal 4: The City of Beaumont, as part of its review of future development, will ensure that an adequate supply of private off -street and public parking will meet the needs of residents and visitors to the City. Goal 5: The City of Beaumont will continue to oversee the development of a safe and efficient bike plan and bike trail system. Goal 6: The City of Beaumont will continue to promote the development of equestrian and hiking trails in appropriate areas in the City. Although each of these goals does not address bicycles and pedestrians specifically, the Bikeway & Pedestrian Master Plan should strive to facilitate these goals where possible. To this end, the objectives of the Bikeway & Pedestrian Master Plan are as follows: Objective 1.3: The City of Beaumont should continue to develop adequate, safe systems for pedestrian and bicycle movement between neighborhoods, schools, parks, and retail/office areas. Objective 2.4: The City of Beaumont should continue to provide a system of bikeways and walkways throughout the city and provide incentives for the use of non - motorized transport. The city should also continue to revise and update the Master Bike Trail Plan. Objective 5.1: The City of Beaumont should continue to encourage the use of alternate modes of transportation (transit, bicycle, pedestrian) to reduce air pollution and traffic congestion. Objective 5.4: The City of Beaumont should adopt street design standards and parking policies that are "bicycle- friendly ". Objective 5.5: The City of Beaumont should continue to provide bikeways between residential areas, parks, schools, retail/employment centers, and other community facilities. This final product of this plan should address the implementation of the above stated goals and objectives. The process that was used to arrive at this implementation plan is summarized in the following section. City of Beaumont Bikeway and Pedestrian Master Plan Revision Date 03 -01 -2011 4.0 MASTER PLAN PROCESS Five separate steps are required to develop the Bikeway and Pedestrian Master Plan. These steps include research, Scoping, public involvement, fieldwork, and master plan development. Each of these steps will be discussed further in this section of the report: • Research • Scoping • Public Innovation • Fieldwork • Facility Ridership and Future Usage • Facility Users • Master Plan Development 4.1 Research Staff has researched the following documents and facility design manuals with respect to preparing the City of Beaumont's Bikeway and Pedestrian Master Plan: • City of Beaumont General Plan & Circulation Element • County of Riverside General Plan & Circulation Element / Chapter 4 (Figure 8) • Western Riverside County Non - Motorized Transportation Plan (WRCOG) • Coachella Valley Association of Governments (CVAG) Non - Motorized Transportation Plan • SCAG Regional Transportation Model (2003 Model Validation and Summary / SCAG 2008) • California Highway Design Manuel Chapter 1000 (Bikeway Planning and Design Standards) • Uniform and Traffic Control Devices / Section 9 (Bicycle Facilities Standards) • City of College Station, Texas Bikeway & Pedestrian Master Plan (Oct 2002) 4.2 Scoping The next step of the master plan preparation involved determining the "scope" of the planning process. In the past, the City's Bikeway Master Plan consisted of a map that shows existing and proposed network facilities located throughout the City. Based on a review of available planning documents, the City has expanded its approach on preparing the document in several ways. The first, the City's Master Plan team has redefined each facility user groups which will be served by the plan (including all forms of non - motorized commuters, recreational users and hikers). The second area of change involves redefining the "type" of facility to be installed per the plan. The previous master trail plan focused solely on the facility location and not the type nor intensity of facility use. Hence, the process has been increased to consider shared use paths, bike lanes, bike routes and hiking trials. This expanded approach will not only locate non - motorized transportation facilities but will also address other network amenities and support elements geared at improving the user's experience and encourage bicycling, in -line skating, walking and jogging in Beaumont. 4.3 Public Involvement As with any municipal planning project, public involvement is a critical element in the Bikeway & Pedestrian Master Plan process. The team sought public input through several methods. Formally, the team held a number of public meetings with numerous community groups. Informally, the team communicated with the public throughout the process by e -mail and telephone. City of Beaumont 4 Bikeway and Pedestrian Master Plan Revision Date 03 -01 -2011 4.3.1 Public Meetings The purpose of these meetings was to identify the public perception regarding the City's Bicycle & Pedestrian Master Plan. They were facilitated by City staff. The focus group participants were asked what the positive and negative aspects of the bikeway and pedestrian system were, as well as what improvements could be made. These meetings were coordinated with the bi- annual City of Beaumont Bicycle Rodeo. The first meeting was with the San Gorgonio Pass Historical Society. This was held on October 10"', 2007, and they expressed their favoritism for what The City of Beaumont was proposing to establish. Secondly, the first meeting with the Beaumont / Cherry Valley Parks and Recreational District was held on October 16th, 2007, and they expressed their support and enthusiasm for the Master Plan and what the City of Beaumont was proposing. The Redlands Classic Bike Race committee has also written a letter in support of our Master Bikeway and Pedestrian Plan, and would like the proposed Master Plan facilities to be a starting and /or ending point for future Redlands Classic Bike Races. It has been determined that the City of Beaumont will be a permanent race location for the USA Cycling National Race Association for many years to come. Overall, the different groups expressed favoritism towards the master plan's design and how it will enhance bicycle riding safety by providing better connectivity through the City. Per these meetings, the following issues and amenities were discussed: • bicycle parking and greater connectivity • bike racks on buses • locker /showering facilities • education programs to encourage safe bicycling and walking • support materials such as bicycle and pedestrian maps • Bicycle Friendly Traffic Signals A summary of all responses is included in Appendix A. Lastly, in the future, staff will conduct meetings with local and regional agencies to gain additional feedback and to raise awareness of the New Master Bikeway and Pedestrian Plan. 4.4 Field Investigation After the Bikeway and Pedestrian Master Plan team received input from the public, different on- and off street routes were evaluated based on several factors. This included the current condition of existing pavement and right -of -way width, parking impacts, and safety. Staff conducted field work on bicycles to better understand the needs of bicyclists. The results of this field investigation was used in the development of the master plan facilities map, end -of -trip bicycle parking facilities map, and the facilities map showing connectivity with other modes of transportation. 4.4.1 Facility Ridership and Future Usage Based on a review of the SCAG Regional Transportation Model report 2003 Model Validation and Summary (SCAG, 2008), is estimated to be 12.13% (for Riverside County) for all forms of Non - Motorized travel demand which translates to a current bike & pedestrian ridership of approximately 3000 per day. A recent windshield survey indicates that bike and pedestrian traffic within the City is City of Beaumont 5 Bikeway and Pedestrian Master Plan Revision Date 03 -01 -2011 highest during morning and afternoon hours (especially in the northeastern portion of town where the majority of school age children attended public schools). It is anticipated that non- motorized modes of transportation will continue to increase in popularity as more facilities are installed and as population grows over the next 20 to 25 years facilitates user levels of over 10,000 daily trips per day. Before defining the network facilities, it is important to understand the characteristics of the City's network users to isolate their particular needs and use patterns. 4.4.2 Facility Users When designing a bikeway plan, it is very important to understand the users of the system so it can be planned accordingly. To gain a better understanding of bicycle facility users, the Federal Highway Administration has developed the following general categories of bicycle user types (A, B, and C) to assist transportation officials in determining the impact of different facility types and roadway conditions on bicyclists: Type A - Advanced or experienced riders are generally ones who use their bicycles as they would a motor vehicle. They ride for convenience and speed and want direct access to destinations with a minimum number of detours or delays. They are typically comfortable riding with motor vehicle traffic; however, they need sufficient operating space on the traveled way or shoulder to eliminate the need for either them or a passing motor vehicle to shift positions. Type B - Basic or less confident adult riders may also use their bicycles for transportation purposes (e.g., to get to the store or visit friends), but prefer to avoid roads with fast and busy motor vehicle traffic unless there is ample roadway width to allow easy overtaking by faster motor vehicles. Thus, basic riders are comfortable riding on neighborhood streets and shared use paths and prefer designated facilities such as bike lanes or wide shoulder lanes on busier streets. Type C - Children, who ride on their own or with their parents, may not travel as fast as their adult counterparts but still require access to key destinations in their community, such as schools, convenience stores, and recreational facilities. Residential streets with low motor vehicle speeds, linked with shared use paths and collector and arterial streets with well - defined pavement markings between bicycles and motor vehicles can accommodate children without encouraging them to ride in the motor vehicle travel lane. 4.5 Master Plan Development The Bikeway and Pedestrian Master Plan can be divided into two areas. The first element includes the network facilities (i.e., shared use paths, Bike Lanes, Bike Routes). The second describes support elements that will enhance and encourage bicycling and walking in the City of Beaumont. Some examples of these types of elements include bicycle parking facilities, bicycle user maps /information kiosks, locker / showering facilities, and intersection improvements for bicyclists. The outcome of this planning process is discussed in Section 5.0 - Network Facilities and in Section 6.0 - Support Elements. 5.0 NETWORK FACILITIES The following Sections provide a guide for on -going facility implementation associated with future roadway construction and reconstruction projects. It also serves to identify new routes and /or route extension into undeveloped areas that will require future facilities depending on the surrounding uses, intensity, and proximity to schools, and parks. As illustrated on Exhibit 8.2 / Proposed & Existing City of Beaumont 6 Bikeway and Pedestrian Master Plan Revision Date 03 -01 -2011 Bikeway and Pedestrian Facilities shows all shared -use (bicycle and pedestrian) paths, Bike Lanes, Bike Paths, and Bike Routes (per Caltrans Highway Design Manual Chapter 1000). In addition to these facilities, this document also addresses the need and location for Recreational Hiking Trails. This document does not address to location of smaller (4' to 5' wide) sidewalk/pedestrian facilities which are apart of the City's Roadway Standards applied to new developments project; nor does it reference retrofitted sidewalk projects that are associated with the City's oldest neighborhoods. 5.1 Network Facility Type & Caltrans Classification This section of the report provides a brief discussion of each facility's Caltrans Classification and related pathway type. Further, a network overview of facility locations and prioritization strategy each pathway type is provided in the context the Master Plan program. 5.1.1 Class I Bikeway and Pedestrian Shared Use Paths (Off -Road) Class I Bike Paths are defined as providing a - completely separated right of way for the exclusive use of bicyclists and pedestrians with cross flow by motorists is minimized (per Caltrans Highway Design Manual Chapter 1000). The American Association of State Highway Transportation Officials (AASHTO) defines a shared use path as a path physically separated from motorized vehicular traffic by an open space or barrier and within the highway right -of -way or within an independent right -of -way. Users for these paths include, but are not limited to bicyclists, in -line skaters, roller BIKE PATH skaters, wheelchair users, and pedestrians (e.g., walkers and joggers). These facilities are most NO commonly designed for two -way travel. MOTOR VEHICLES As illustrated on Exhibit 8.2, the Bikeway and Pedestrian Master Plan includes about 25 miles of existing and planned shared -use path facilities (for "paved" pathways). Of this amount, a total of 14 miles are proposed facilities and 11 miles are existing Class I facilities. There are also another 11 miles of proposed recreation trials (characterized as "unpaved" pathways) with only one mile of existing hiking trails. In addition to being located along a road's paved section (usually as elevated, multi - purpose, sidewalk), these facilities are more commonly located within greenways (e.g., along creeks, canals, active or abandoned railroad and utility rights -of -way) and between parks. They can be used to provide users a shortcut through a residential neighborhood (e.g., between back to back cul- de -sac streets). Users from all three groups (A, B, and C) will utilize these shared use paths for recreational purposes (e.g., the Noble Creek Park Class I trail and the Fairway Canyon Park Trail at Palmer Avenue are both good examples of recreational paths within designated creek areas where equestrian use are excluded). The master plan team also identified several Class I /Shared -Use Paths corridors that would be best served by a Class I Bike Path: City of Beaumont 7 Bikeway and Pedestrian Master Plan Revision Date 03 -01 -2011 • Palm Avenue (Sixth Street to Oak Valley Parkway) • Oak Valley Parkway (Highland Springs Avenue & Oak View Drive) • Beaumont Aven. (Oak Valley Parkway to Brookside & S. Lambs Canyon to Potrero Blvd) • Noble Creek (OVP to Edgar Canyon) • Crenshaw Road (storm drain channel/linear park area) • Northern Edison Transmission Easement (Brookside Avenue to Highland Springs Avenue) • San Timoteo Creek (Southern Watercourse Bank Segment west of I -10 Freeway) • Potrero Blvd. (OVP to Ist Street & Viele Avenue to Highland Springs Avenue) • Highland Springs Ave (OVP to Brookside) • Brookside Ave. (I -10 Freeway to Beaumont Avenue) • Future Potrero Creek Estates SP (Lambs Canyon Area East) • Future Legacy Highland SP (Lambs Canyon Area West) • Hidden Valley SP (south of SR 60 near Jack Rabbit Trail) 5.1.2 Class II Bike Lanes and Bike Paths (On -Road, Striped Lanes) AASHTO defines a Class II Bike Lane as a portion of a roadway that has been designated by striping, signing, and pavement markings for the preferential or exclusive use of bicycles (per Caltrans Highway Design Manual Chapter 1000). Bike Lane markings can increase a bicyclist's confidence in motorists not straying into their path of travel. Also, motorists are less likely to swerve to the left out of their lane to avoid bicyclists to their right. Bike Lanes should be one -way facilities and carry bike traffic in the same direction as adjacent motor vehicle traffic. Class II Bike Lanes are primarily used by type A and B users for the purpose of transportation rather than recreation. Maintenance of these facilities involves re- striping the pavement once every few years, maintaining the Bike Lane signs as needed, and sweeping the Bike Lane routinely in order to keep the facility free of debris. The condition of the pavement within the Bike Lane is maintained according to demand created by motor vehicles. Overall, the master plan includes about 22 miles of planned Bikeway facilities as shown on Exhibit 8.2. Of this amount, 8 miles are proposed facilities and 9 miles are existing Class II facilities. The majority of the existing and planned Bike Lanes will provide transportation corridors for bicycle commuters throughout the City of Beaumont. The master plan team identified several bikeways that are best served by Class II Bike Lanes. These corridors, which will connect residential areas, commercial areas, retail areas, as well as local institutions, include the following: • Brookside Avenue (Beaumont Avenue to Highland Springs Avenue) • Cougar Way (Beaumont Avenue to Highland Springs Avenue) • Starlight Avenue (Oak Valley Parkway to Highland Springs Avenue) • Oak Valley Parkway (Palmer Avenue to Beaumont Avenue) City of Beaumont $ Bikeway and Pedestrian Master Plan Revision Date 03 -01 -2011 • Highland Springs Avenue (Crooker Creek to Edison Easement north of OVP) • California Avenue (Potrero Blvd to Sixth Street) • Viele Avenue (First Street to Eight Street w/ small segment of Class 1114 th to RR tracts) ' Three Rings Ranch Road (Eight Street to Marshall Creek) • Oak View Drive (Oak Valley Parkway to Brookside Avenue) • Palmer Avenue (Oak Valley Parkway to Cherry Valley Blvd.) • Sixth Street (Palm Avenue to Highland Springs Blvd.) ' Fouth Street (Jack Rabbit Trail/Hidden Valley SP Project to Viele Avenue) • First Street ( Viele Avenue to Highland Springs Avenue) 5.1.3 Class III Bike Routes (Signed Shared Roads) A Class III Bike Route is a roadway that is shared between bicycles and motor vehicles. These facilities are established by placing Bike Route signs along the roadways (per Caltrans Highway Design Manual Chapter 1000). A designated Bike Route should provide either a wide curb lane (at least fourteen feet wide) or a paved shoulder so motor vehicles have additional maneuvering space when passing a bicyclist. The signed Bike Route should indicate to bicyclists that particular advantages exist to using these routes compared to other non - designated routes. Some of these advantages of the Class II Route designation are make road segments more bicycle friendly by eliminating on- street parking (where possible) and increased street maintenance along the Bike Routes. Signing also serves to advise motor vehicle drivers that bicycles are present. In most cases, Class III facilities provide connectivity between other Class I or II facilities through high demand corridors. There are currently only 4 miles of designated Class III bike routes within the City. These routes tend to be along low volume roadway segments which do not need extra bike lane striping to be safe and effective for their intended purpose. The cost to maintain these types of facilities is minimal as the only element added to the roadway is Bike Route signs placed about every quarter mile. Unlike with Bicycle Lanes, the pavement markings are not used, and due to motor vehicles utilizing the entire lane when bicyclists are not present. Typically, the amount of debris in the lane is the minimized under these conditions. An example of a signed Bike Route is along Oak Valley Parkway (between Beaumont Avenue and Cherry Avenue) which forms an important connection between a Class I & I1 pathway in this corridor. As illustrated on Exhibit 8.2, the following Class III/Signed Routes exist within the City: • 81h Street (California Avenue to Xenia Avenue) • Elm Street (Eight Street to Oak Valley Parkway) • California Avenue (Sixth Street to Eight Street) City of Beaumont 9 Bikeway and Pedestrian Master Plan Revision Date 03 -01 -2011 • Oak Valley Parkway (Beaumont Avenue to Cherry Avenue) City of Beaumont 10 Bikeway and Pedestrian Master Plan Revision Date 03 -01 -2011 6.0 SUPPORT ELEMENTS In past bikeway planning efforts, the bikeway plan consisted specifically of a map document showing locations and types of each bikeway facility. Although this portion of the Bikeway and Pedestrian Master Plan is still the most significant part of the plan, many issues have been identified that cannot be addressed through the facility map alone. Specific issues that were identified through the master planning process (i.e., focus groups, local agencies, and direct citizen communication) include bicycle education and safety, bicycle parking facilities, bike racks on buses, and traffic signal operation to name a few. Each of these issues will be discussed separately in the following sections. 6.1 Bicycle Education and Safety The most critical issue that was identified through the planning process was a lack of bicycle education and safety for motorists and bicyclists. Many citizens that participated in the focus groups stated that there is a tremendous lack of respect between motorists and bicyclists. Furthermore, a large percentage of respondents stated that one reason that keeps them from bicycling more is the fear of accidents or lack of personal safety. This is an issue that must be addressed through education and awareness. One way the City of Beaumont addresses these concerns is coordinating through the Police Department bi- annual Bicycle Rodeos. These events are attended by a large percentage of citizens within the City and staff feels this is the best venue to establish bicycle safety and educational awareness. The City of Beaumont and its Police Department are also pleased to have instituted a free helmet incentive program, in which all citizens which require a helmet, or would like to wear a helmet for additional safety, will be granted one by the City of Beaumont. 6.2 Bicycle Parking Bike racks and other bicycle parking facilities in the City of Beaumont are located at the Oak Valley Town Center, all grammar, middle, and high schools, the Beaumont Public Library, and the Walmart shopping center. Based on citizen feedback, many of the respondents stated that the reason they do not use their bicycle on retail trips is because shopping centers and restaurants lack parking facilities. One area where bicycle parking is proposed to be constructed is within the 2nd Street Marketplace district. This area will receive more bicycle traffic than other areas of the City of Beaumont due to the proximity of large retail establishments and residential neighborhoods. Other locations for proposed parking facilities are located at City Hall, the Post Office, local churches, and all public parks which do not have existing bicycle parking facilities. A facilities map showing all proposed / existing bicycle parking facilities is attached in Section 8.3. 6.3 Connectivity with other modes of Transportation In addition to bicycles and pedestrians requiring parking facilities, the Master Plan will provide connectivity with other various modes of transportation within the City and County. The City of Beaumont bus system is served by the Riverside Transit Authority. In addition to the RTA, the Pass Transit District provides transit service within the City of Beaumont/San Gorgonio pass area with both fixed route and dial -a -ride services. Both transit agencies provide bike racks on all fixed route buses to give patrons the opportunity to transport their bicycles. This benefits both the transit user and the transit agency by expanding the service area associated with each transit stop. During the fiscal year of 2006/2007, Pass Transit Bus Operations reported 6,976 passengers per month on all fixed -route buses. These numbers translate into an average of 83,703 riders per year, with as high as 300 trips per day. City staff has spoken with staff of the Pass Transit Agency and RTA and both agencies are currently continuing to provide bicycle racks on all new buses. The Bikeway and Pedestrian Master Plan team City of Beaumont 11 Bikeway and Pedestrian Master Plan Revision Date 03 -01 -2011 applauds the effort put forward on this subject by both agencies in a combined effort to enhance transit service and increase ridership. A facilities map showing all proposed / existing connectivity with other modes of Transportation is attached in Section 8.4 6.3.1 Consistency with Regional Transportation Plans In conjunction with the Western Riverside Council of Government's Non - Motorized Transportation Plan and per County of Riverside General Plan/Circulation Element, the City will continue to coordinate local planning efforts with all regional agencies to update facility planning and trail connectivity. To this end, the City will work closely with the Riverside County Transportation Commission (ROTC), the Riverside Transit Agency (RTA), the Southern California Association of Governments (SCAG) and other neighboring localities to ensure program implementation and great regional coordination. Exhibit 8.6 ( "Regional Trail Connectivity with County and Surrounding Locality Trails "), the City's Bikeway and Pedestrian Plan connects to several regional trials within and surrounding the Pass Area of the County of Riverside. Per WRCOG's Non - Motorized Transportation Plan, the Pass Area's main regional corridor run through the City in an east -west direction along Oak Valley Parkway (via Corridor 13 / San Timoteo — 110 Pass Area). This trial continues west along San Timoteo Canyon Road to Live Oaks Canyon Road ad San Bernardino County and easterly along the historic Bradshaw Trail in Banning where it enters the Coachella Valley. Corridor 13 has been completed within Beaumont and runs approximately 9 t/2 miles through the City. In addition to Corridor 13, the City's trial will connect with the following Regional facilities (per WRCOG's Regional Plan): Corridor 10 — San Jacinto River / Bautista Creek Corridor 11 — Iris / Redlands Corridor 14 — San Jacinto River / Diamond Valley Lake Corridor 26 — Bryant / Singleton Extension Corridor 27 — Oak Valley / San Jacinto River Lastly, the City's Plan will extend a trial north of Oak Valley Parkway along Noble Creek through Edgar Canyon and Bogart Park per the County of Riverside's Circulation Element (per Figure 8 / The Pass Area Plan — Trial and Bikeway System). 6.4 Traffic Signal Operations One of the most common problems identified by the opinions expressed in the focus groups and the local agencies was the inability of traffic signals to detect bicyclists. This issue not only leads to frustration for bicyclists, but could also result in a hazardous if the cyclist attempts to cross an intersection during the red light phase of the signal. This, in turn, builds ambivalence between bicyclists and motor vehicle drivers. The master plan team conducted research on different methods of detecting bicyclist presence at signalized intersections with loop detectors and have identified several alternatives. One such measure includes adjusting the sensitivity of pavement loop detectors and providing pavement markings directing bicyclists where to stop in order for them to be detected by the traffic signal. While this solutions are the most financially feasible, there are other potential solutions, including specialized loop detectors and locating pedestrian push buttons where bicyclists can utilize them. Also, it should be noted that all new traffic signals installed can use video cameras for detection. These cameras are capable of detecting cyclists. All in all, The Master Trail Plan team recommends that city traffic operations staff explore the most effective solution that can accurately City of Beaumont 12 Bikeway and Pedestrian Master Plan Revision Date 03 -01 -2011 detect bicyclists at intersections. Once identified, measures should be taken to implement the best solution at those designated signalized intersections with high - bicycle demand. 6.5 Residential Subdivision Design Another issue faced by pedestrians and bicyclists today is the design of residential neighborhoods without providing adequate connectivity for these system users. Based on current development trends, the most common subdivision design involves numerous cul -de -sacs that are intended to reduce the amount of vehicular "cut through" traffic. While this design feature may be successful at decreasing unwanted motor vehicle traffic, pedestrians and bicyclists must deal with walking very long distances to get to neighbors' homes or to nearby thoroughfares for shopping, recreation, etc. This, in turn, discourages non - vehicular modes of transportation in favor of utilizing motor vehicles. In order for these modern neighborhoods to be designed with the pedestrian in mind, the sidewalk system should be supplemented with pass - through paths between cul -de -sacs and at mid -block locations for blocks longer than 800 feet. Although these access ways are not referenced within the subdivision regulations in the municipal code, the Planning Department will determine whether this will be needed on a case by case basis. Additionally, the master trail plan team recommends that the subdivision regulations include direction on when these access ways should be required. 6.6 Additional Bikeway Facilities In addition to the Bikeway and Pedestrian Master Plan parking facilities, the master trail plan team also took into account additional end -of -trip facilities that better enhance the overall cycling experience. The team's goal is to provide facilities that encourage as many riders as possible. These facilities include changing and storage areas for clothes and equipment, with possible showering facilities. This facility provides bicyclists a location to store clean clothing, or additional equipment/personal items when riding around the City's many miles of bikeways and trails. Currently the City has one of these facilities in place at the City's Public Pool at 9d' Street and Maple Ave. This facility has lockers and showers in which riders can shower and change into clean clothes before heading out to their destination by other forms of transportation. The master plan team is working directly with the Beaumont / Cherry Valley Parks and Recreation Dept. to coordinate the most appropriate locations for additional facilities to better serve the community. This includes a "Comfort Station" and Visitor's Information Center /Kiosk at the lower entrance area of Noble Creek Park. There is also a large park and ride facility proposed in this portion of the Park which will connect to an internal pedestrian walking and jogging pathway network in additional to the Class I & II bike lane facilities. At the Park's northern end internal trials will connect to the Edison Transmission Easement corridor which transverses west to neighboring Oak View Park and east to Highland Springs Blvd. A facilities map showing additional bikeway /pedestrian facilities is provided on Exhibit 8.5. 6.7 Bikeway System Signage Since the City of Beaumont has recently experienced large growth in population, the Master Trail Plan team recommended that the City install additional route or destination signage to help orient the facilities users. Potential areas where this strategy would apply includes regional parks (e.g., Beaumont Sports Park, Noble Creek Park, Sundance Park, and Oak Valley Park), public schools including Beaumont High School, and Palm Elementary, facilities such as the Beaumont Public Library, the women's club /community center, San Gorgonio Memorial Hospital, as well as major retail and entertainment areas (e.g.., Oak Valley Plaza, Marketplace at Beaumont, and the 2nd Street Marketplace). The signage throughout the Master Bikeway and Pedestrian Master Plan will comply with the Manual on Uniform Traffic Control Devices for streets and highways, Section 9 Traffic Controls for Bicycle Facilities. City of Beaumont 13 Bikeway and Pedestrian Master Plan Revision Date 03 -01 -2011 Due to the Pass area's rich cultural heritage, the Master Plan team proposes srategic placement of information kiosks along Oak Valley Parkway and the Forth Street. These proposed thematic "kiosk" signs will serve as rest stops /information centers along the many miles of the City's Master Trail Network. The types and sizes of the signs will vary but the thematic design concept will remain consistent throughout the Network to help provide greater visual connection for its users. At more significant sites like the Noble Creek Park, there will be a larger, three sided, kiosk facility ( "visitor centers "). These Visitor Center kiosk types will be oriented in a half moon layout with the historical feature either directly in front or within close proximity of the kiosk. Some of intended kiosk sites include, but are not limited to, The Riverside Country Historical Schoolhouse, Noble Creek Park, Coopers Creek Corridor, Noble Creek Park, and the Highway 60 cutout. These kiosks will be designed in a manner that minimizes vandalism. 7.0 IMPLEMENTATION 7.1 Acquisition The first step in the development of any bike /pedestrian way is the acquisition of right -of -way. While roadway projects are the driving forces behind the development of bike lanes and bike routes, the development of a shared use path is usually independent of any roadway project and therefore requires the acquisition of right -of -way independently. The actions stated below provide a means to acquire the rights -of -way for bikeway and pedestrian projects that are not ancillary to roadway projects. 1. Action: Accept dedications that are consistent with the planned bikeways and pedestrian connections specified in this plan Responsible Party: Community Development Department Supporting Party: Parks and Recreation Department Target Date: Immediately 2. Action: Coordinate the priorities of this plan with the priorities of the greenways acquisition program where greenways are involved Responsible Parties: Public Works and Community Development Department Supporting Party: TBD Target Date: Immediately 3. Action: Develop guideline incentives that encourage developers to voluntarily dedicate lands that promote bikeway and pedestrian connections between develo ments. Responsible Party Supporting Party: Target Date: 7.2 Regulation Community Development Department TBD Spring 2008 Although very little regulation is required once bike and pedestrian pathways are constructed, some regulations would facilitate the development of these access ways when they are linked to a private development. The action stated below provides regulation for the development of access ways within private residential developments. City of Beaumont 14 Bikeway and Pedestrian Master Plan Revision Date 03 -01 -2011 1. Action: Amend the city's Subdivision Regulations to provide guidelines on when pedestrian access was should be required within a residential area or between residential areas and pedestrian ways. Responsible Party: Community Development Department Supporting Party: TBD Target Date: Spring 2008 7.2.1 Air Quality & Energy Conservation Plan Compliance According to the South Coast Air Quality Management District (SCAQMD), the regional air quality monitoring agency, the region does not currently meet the federal or State eight -hour average ozone standards nor does it meet the stringent State particulate matter (PM 10) standards. In the Pass Zone Region, passenger vehicles are the largest source of air pollution and greenhouse gas emissions. Implementation of the City's Bikeway and Pedestrian Master Plan will provide greater non - motorized transportation alternatives geared at ensure greater facility access to work, school and shopping locations in the region. It is further speculated that raising transportation costs associated with higher fuel expenses and vehicle costs will promote the need for more cost effective, non - motorized transportation modes and mass transit alternatives. These factors, along with the City's aggressive facility installation program will reduce the relative percentage of Vehicle Mile Travel (VMT) in the City and help limit the harmful emissions generated by traditional passenger vehicle usage. Consequently, implementation of the City Master Plan will foster a real reduction in VMT and help to minimize non - renewable energy consumption and greenhouse gas emissions in compliance with Senate Bill 375 and Assembly Bill 32. 7.3 Construction, Maintenance, and Operations Once a bikeway and/or pedestrian project is planned, it only becomes a reality when funds are secured and the project is constructed. In addition, measures must be taken to ensure that the facilities are maintained and operated effectively. The action statements below provide for construction, maintenance, and operations of bikeway and pedestrian facilities. 1. Action: Secure adequate funding for the development (design and construction) of shared use paths through annual Service Level Adjustments (SLA) the Capital Improvement Program (CIP) and other possible funding sources Responsible Parties: Community Development Department, Public Works, Parks and Rec. Dept. Supporting Party: TBD Target Date: As grant opportunities arise and with 2008 CIP plan 2. Action: Survey the supply and demand of bicycle parking in different retail areas of The City of Beaumont. Identify appropriate methods of supplying bicycle racks through public or private funds. Responsible Party: Community Development Department Supporting Party: Public Works Department Target Date: Fall 2007 3. Action: Implement Bikes -on -Buses program on a limited number of routes for RTA and Pass Transit Agency_ City of Beaumont 15 Bikeway and Pedestrian Master Plan Revision Date 03 -01 -2011 Responsible Parties: Riverside Transit Agency and The Pass Transit Agency Supporting Party: TBD Target Date: Fall 2007 4. Action: Develop alternatives for detecting bicyclists at signalized intersections and deploy the best technology at selected intersections Responsible Party: Public Works Department Supporting Parry: Community Development Department Target Date: Summer 2008 5. Action: Develop scheme for numbering bike routes or providing destination information along bikeways in The City of Beaumont and deploy along priority routes Responsible Party: Public Works Department Supporting Party: Community Development Department Target Date: Spring 2008 7.3.1 Facility Funding In addition to local funding source (e.g., developer installed improvements and City financed improvement via its 5 year CIP Implementation program), the City will use CDBG Redevelopment Funds, SB 821 Grants, Transportation Enhancement Grants, BTA Grants, Safe Route to School Grants and any other available State and Federal Grant Funding Programs to implement its City -Wide facility improvement program outline in the Bikeway and Pedestrian Master Plan. It is estimated that the City (with the help of or local developers) has spent close to $8.4 Million in bikeway, sidewalk and shared trials improvements for non - motorized transportation facilities within the last 15 years (ending in 2010). Further, the City plans to invest another $14 Million over the next twenty years to complete the remaining facilities shown on Master Plan Facilities Exhibit 8.2. 7.4 Education/Encouragement After bike and pedestrian projects are constructed, measures should be taken to encourage the public to utilize the system. Also, the public should be encouraged to use it in a way that is safe for other bicyclists and pedestrians, as well as motor vehicle drivers. The action stated below provides for this. 1. Action: Develop a bicycle awareness and education campaign Responsible Party: Community Development Department Supporting Parties: Public Relations and Marketing Department, Public Education Staff, Local Bicycle Advocacy Groups, City of Beaumont Police Department Target Date: Already an Existing Program City of Beaumont 16 Bikeway and Pedestrian Master Plan Revision Date 03 -01 -2011 8.0 EXHIBITS 8.1 Existing and Proposed Land Use and Settlement Patterns City of Beaumont 17 Bikeway and Pedestrian Master Plan Revision Date 03 -01 -2011 BAV SONIUd8 ONV'IHOIH sn 0 1 Z w ' 3l31rs1 I J a w 9 w V) Y 1 ai can z z W F- U) w w Aar LLJ . wl m i :1 CO z° z i- O O Q W a w a w <� a W - CL QI 1 U U U U _j a O / O W U m r 0 MM� 0 V r� I Uw 0 �36J J .,IV eR�s Pi�T�W,—H Q r- �_ X I-aAV eTUDX r It 1 x J�/ i I x 9AV eMAI"UL]aa _sized r X ' � Ir I r � Iz _J � r � `b�lfl �iaile�l I � t � t r � /t ai v I i i v `;s t 6C S C13 . P� x i M 00 .r K w i r ' � Ir I r � Iz _J � r � `b�lfl �iaile�l I � t � t r � /t ai v I i i v `;s t 6C S C13 . P� x i M 00 .r K w MW .O O 0 v 0 r 1 on u a� Oo V u � w %4-4 bD o � � Nr J cd, m i r t ►✓ Al r--�' ©- '1❑ o X w _ "any aYatA O w � I 7 Y? a" 0 a 6� �s 91 v � Q o cn m n W E- �< ❑ z fJ] Q� -N F� O � � O U� Nt I3 . r ant 4uouunrag `0 a � �G w � o — >I ,l any aiaIA - - d w c U a r� `° r U D I x0 I U I . r I r , 'bra l�arr�� I r � I � r/ 6C .� S w Am `0 a � �G w � oa 3 xj w c U a `° U x0 I U � r—.4 cz H V y� O C/� 4 rl r� '4-j u� V C 2 U cu 0 ■ G ■ �v�y x O � � � ■ X W � FHi Uz ; H U w ■ V '" U .o o ■ 0 o y U r U fq w, ro o z ti ■ CU a d C m 0 4 ♦... ■ � C •'mow♦ V — .° ' ♦w 0 , F of t3 wi � ■ O r • U ■ ■ lb PQ cli o � O "o O U ♦• ♦ ,� r, b � • �' �'� ■ U A c�`o ■ �, x �■ M UO .♦ iUl) �.. 0 m .� G ■ u . N .♦ E V) ♦ ♦♦ j rSC � N RESOLUTION NO. 2011 -05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AUTHORIZING A GRANT APPLICATION TO THE BICYCLE TRANSPORTATION UNIT OF CALTRANS WHEREAS, the City intends to apply for a Bicycle Transportation Account (BTA) Grant (for FY 2011 -12) to help finance the construction of Bike /Pedestrian crossing facility over the Noble Creek at the Edison Transmission Easement located at the northern end of Noble Creek Park as shown on the City's amended Bikeway and Pedestrian Master Plan; and WHEREAS, the BTA Application requires the City, acting as the sponsoring agency, to adopt a Resolution (as proposed herein) to fund 10% of the proposed BTA project costs; and WHEREAS, the total estimated project cost is $398,000 for the Noble Creek Bike & Pedestrian Crossing Project (including some minor Class I path extension across the northern end of the Noble Creek Park which is all within the Edison Transmission Easement); and WHEREAS, the reciprocal matching fund obligation associated with the proposed BTA award would be approximately $39,800; and that, the City of Beaumont acknowledges at this amount is their sole and separate funding responsible pursuant to the terms and conditions set by Caltrans' BTU Division per the BTA Application qualification requirements; and NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA: Section 1. Authorization to Apply for Grant. The City Manager is authorized to submit the grant application to the Bicycle Transportation Unit of Caltrans pursuant to their call for projects under the Bicycle Transportation Account Program Section 2. Local Funding Share. The City shall fund 10% of the estimated cost of the Noble Creek Bike and Pedestrian Crossing Project, not to exceed $39,800. Section 3. CEQA Findings. The City Council hereby finds that in accordance with the California Environmental Quality Act ( "CEQA ") and the CEQA Guidelines the adoption of this Resolution is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15304(h) — Minor Alterations of Land for creation of bicycle lanes in existing rights -of -way. MOVED, PASSED, ADOPTED, AND EFFECTIVE this day of March, 2011 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Mayor Brian De Forge ATTEST: Deputy City Clerk IL y d ORDINANCE NO. 988 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDED CHAPTER 2.30 OF THE BEAUMONT MUNICIPAL CODE ENTITLED, ESTABLISHING THE "BOARD OF ADMINISTRATIVE APPEALS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 2.30, entitled "Board of Administrative Appeals ", is hereby added to the Beaumont Municipal Code as specifically set forth 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 15th day of February, 2011, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this 1St day of March, 2011, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF BEAUMONT ATTEST: Deputy City Clerk Mayor CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 988 duly introduced at a regular meeting of the City Council of the City of Beaumont held on February 15, 2011, and was duly adopted upon a second reading on March 1, 2011, by the roll call votes indicated therein. CITY OF BEAUMONT (SEAL) Deputy City Clerk Fa CHAPTER 2.30 BOARD OF ADMINISTRATIVE APPEALS Sections: Section 2.30.010 Creation of Board Section 2.30.020 Appointment and Qualifications of Board Members Section 2.30.030 Term and Tenure of Members Section 2.30.040 Powers and Duties Section 2.30.050 Rules and Regulations Section 2.30.010 Creation of Board There is hereby created a Board of Administrative Appeals, sometimes referred to in this Chapter as the `Board." The Board shall consist of at least one panel of three members, but not more than three panels of three members each. Section 2.30.020 Appointment and Qualifications of Board Members The City Council shall appoint the members of the Board. Board members shall be at least 18 years of age, and may be residents, or owners or employees of businesses, of the City. Section 2.30.030 Term and Tenure of Members All members of the Board shall be appointed for a term of two years and shall serve at the pleasure of the City Manager and City Council. Members shall serve without compensation. Section 2.30.040 Powers and Duties It shall be the duty of the Board of Administrative Appeals to conduct administrative hearings on written appeals made pursuant to the Beaumont Municipal Code, including appeals pertaining to Administrative Code Enforcement (BMC Chapter 1.17), Animal Control Hearings (BMC Chapter 6.22), Nuisances (BMC Chapter 8.32), and Mobilehome Park Rent Stabilization (BMC Chapter 13.21). Section 2.30.050 Rules and Regulations The Board shall adopt such rules and regulations as are needed to govern its own procedures; provided, however, that the Board shall comply with the Hearing Procedures that may be specified by the applicable appeal provisions of the Beaumont Municipal Code. CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, February 15, 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. 988: An Ordinance of the City Council of the City of Beaumont, California„ Adding Chapter 2.30 of the Beaumont Municipal Code Entitled, Establishing the "Board of Administrative Appeals" The purpose of this ordinance is to establish the Board of Administrative Appeals to conduct administrative hearings on written appeals made pursuant to the Beaumont Municipal Code, including appeals pertaining to Administrative Code Enforcement (BMC Chapter 1.17), Animal Control Hearings (BMC Chapter 6.22), Nuisances (BMC Chapter 8.32), and Mobilehome Park Rent Stabilization (BMC Chapter 13.21). Date: January 25, 2011 -ss- Shelby Hanvey Deputy City Clerk Publish one time only in the Record Gazette on February 4, 2011 City of Beaumont - 550 E. 6th Street - Beaumont • CA • 92223 - (951) 769 -8520 ORDINANCE NO. 989 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.03.130 "SIXTH STREET OVERLAY" 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 17.03.130, entitled "Sixth Street Overlay ", 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: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 15'h day of February, 2011, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, and Castaldo. NOES: Council Member Gall. ABSTAIN: None ABSENT: Council Member Fox. MOVED, PASSED AND ADOPTED this 1st day of March, 2011, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF BEAUMONT i ATTEST: Deputy City Clerk Brian De Forge, Mayor CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 989 duly introduced at a regular meeting of the City Council of the City of Beaumont held on February 15, 2011, and was duly adopted upon a second reading on March 1, 2011, by the roll call votes indicated therein. CITY OF BEAUMONT :A (SEAL) Deputy City Clerk 2 Exhibit "A" The Sixth Street Overlay applies to areas with a base underlying zoning of C -G (Commercial General), located on either side of Sixth Street between California Avenue and Highland Springs Avenue. This overlay provides for the development of mixed uses (residential and/or commercial), with a required minimum lot area of one (1) acre, within the area included in this Zone District. For all mixed use projects (combination of residential and commercial), fifty (50) percent of the lot area shall be devoted to housing, at a permitted density range of 20 -24 units per acre. Live /work units shall be permitted and encouraged on both sides of the north -south avenues north of Fifth Street between California Avenue and Michigan Avenue. A. Sixth Street Overlay Zone, Permitted Uses. The uses permitted for this Overlay Zone are indicated in Table 17.03 -4. B. Sixth Street Overlay Zone, Conditional Uses. The uses conditionally permitted for this Overlay Zone are indicated in Table 17.03 -4. C. Sixth Street Overlay Zone, Development Standards. The Development Standards for this Overlay Zone shall be the those applicable to the underlying Zoning, with regard to commercial projects, and shall be determined through plot plan review for mixed use projects. D. Sixth Street Overlay Zone, Off - Street Parking. Automobile parking shall be provided as specified in Section 17.05. E. Sixth Street Overlay Zone, Landscaping. Landscaping shall be provided as specified in Section 17.06. F. Sixth Street Overlay Zone, Signs. Signage shall be governed by Section 17.07. ORDINANCE NO. 990 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.03.130 "URBAN VILLAGE SPECIFIC PLAN OVERLAY" 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 17.03.130, entitled "Urban Village Specific Plan Overlay ", 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: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 15th day of February, 2011, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, and Castaldo. NOES: Council Member Gall ABSTAIN: None ABSENT: Council Member Fox MOVED, PASSED AND ADOPTED this 1st day of March, 2011, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF BEAUMONT :A ATTEST: Deputy City Clerk Brian De Forge, Mayor CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. duly introduced at a regular meeting of the City Council of the City of Beaumont held on , 2011, and was duly adopted upon a second reading on , 2011, by the roll call votes indicated therein. CITY OF BEAUMONT .0 (SEAL) Deputy City Clerk 2 Exhibit "A" Urban Village Specific Plan Overlay applies to a specific area of the City situated between the I- 10 and the SR -60 Freeway corridors. Within this area, a variety of specialized land uses that capitalize on the area's unique location are contemplated. These uses include a regional commercial center, higher density residential development, and abundant open space and recreational amenities. In conjunction with policies and programs outlined in the Housing Element, a minimum of 90 acres within the Specific Plan area shall be reserved for housing development with a minimum density of 20 units per acre, and a minimum of 21 acres shall be reserved for housing development with a density range of 12 -20 units per acre. This area will be developed in phases as development proceeds within the larger West Beaumont Planning Area. A specific plan of land use will be required before any new development can take place within the area designated with the Urban Village Specific Plan Overlay. 3 ?, I STAFF REPORT TO: Mayor and City Council FROM: Alan Kapanicas, City Manager DATE: March 1, 2011 SUBJECT: Destruction of Records per Resolution No. 2010 -32 Background: The City Council adopted Resolution No. 2010 -32 on December 7, 2010 which authorized the head of a City department to destroy any City record, document, instrument, book or paper, under his /her charge, without making a copy thereof, after the same has been retained for the minimum amount of time specified in the resolution, as applicable, and is no longer required, provided that such destruction has been approved in advance by the City Council by resolution and the written consent of the City Attorney. (Section 5 of Resolution No. 2010 -32) All documents listed on attached Exhibit "A ", have been reviewed by the City Attorney and are eligible for destruction per Resolution No. 2010 -32. Recommendation: Staff recommends that City Council approve the destruction of records listed in Exhibit "A" of this staff report. Exhibit "A" City Council Meeting Recordings and Agenda Packets from 2006 C -93 -03 CHILTON AND O'CONNER - UNDERWRITER SERVICES FOR BONDS, CFD'S, ANNEX OF TERRITORY, AND SEWER REVENUE BONDS C -94 -10 CONTRACT WITH JOYCE SNIDER - RECORDS MANAGEMENT SERVICES C -94 -15 TECHNICAL & PROFESSIONAL SERVICES - COMPREHENSIVE PUBLIC FACILITIES FINANCING PROGRAM (T &M) C -94 -20 KORVE ENGINEERING CONTRACT - HIGHWAY 60 INTERCHANGE C -94 -29 COUNTY HEALTH DEPT. - INSPECTION SERVICES RE MOSQUITOES, RODENTS, FLIES, SEWAGE, TRASH, GARBAGE STORAGE PROBLEMS & PLAN REVIEW SVCS C -94 -34 CENTURY HOMES /CROWELL COMMUNITIES - SEWER CONNECTION FEE AGREEMENT 12/07/2010 RESOLUTION NO. 2010-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT AMENDING THE PUBLIC RECORDS RETENTION AND DESTRUCTION POLICY The City Council of the City of Beaumont hereby resolves as follows: Section 1: Records Which Shall be Retained Indefinitely The following records shall be retained indefinitely and shall not be destroyed: 1.1 Records affecting title to real property, including Grant Deeds, Quitclaim Deeds, Grants of Easements, Final Orders of Condemnation and like documents that memorialize the transfer of title to real property and interests in real property; 1.2 The Minutes, Ordinances and Resolutions of the City Council; 1.3 Municipal Code books. 1.4 Certain ERISA records to determine benefits due (29 U.S.C. 1059); Section 2: Records Which Shall be Retained for a Minimum of Four (4) Years All records not listed in Section 1 above shall be retained for a minimum of four years and, except as provided in Section 3 below, may be destroyed pursuant to Section 4 below. Section 3: Specific Records that Shall be Retained for More Than Four (4) Years The following records shall be retained in their original format for the minimum periods of time specified: 3.1 Retain for a Minimum of Five (5) Years: 3.1.1 All employee - related documents, records, files, payroll and other compensation records, including benefits. 3.1.2 Citizens complaints against peace officers; 3.1.3 Sustained/ Not Sustained Internal Investigations and Letters of Reprimand concerning peace officers; 3.1.4 OSHA forms, summaries, claims, claim Iogs and all other documents related to work injuries; 3.1.5 Worker's Compensation claims, reports, records of payments of benefits, claims logs and related documents. 3.2 Retain for a Minimum of 30 Years After Termination of Employment: 3.2.1 Records of employee exposure to hazards such as toxic chemicals, high levels of noise, airborne contaminants, or blood borne pathogens. Section 4: Destruction of Records Except for records which must be kept indefinitely (Section 1 above), records may be destroyed after being retained for the minimum number of years specified in Sections 2 and 3 in either of the following two ways: 4.1 Without making a copy thereof, provided that such destruction is approved by the City Council by resolution and the written consent of the City Attorney, as provided in Section 5, below; or 4.2 By microfilming the record and thereafter destroying the original, in which case no approval of the City Council or of the City Attorney is required, as provided in Section 6, below. Section 5: Destruction of Records with Approval of Citv Council and Citv Attorne The head of a City department may destroy any City record, document, instrument, book or paper, under his/her charge, without making a qM thereof, after the same has been retained for the minimum amount of time specified in Sections 2 or 3, as applicable, and is no longer required, provided that such destruction has been approved in advance by the City Council by resolution and the written consent of the City Attorney. Section 6: Destruction of Records After Microfilming The head of a City department may destroy any City record, document, instrument, book or paper, under his/her charge, after making a copy thereof, after the same has been retained for the minimum amount of time specified in Sections 2 or 3, as applicable, and after the same is no longer required, if all of the following conditions are complied with: 6.1 The record, paper, or document is reproduced electronically or on film or other medium that is a trusted system and that does not permit additions, deletions or changes to the original document; 6.2 The device used to reproduce the record, paper or document 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; 2 6.3 The reproduced documents are made as accessible for public inspection and copying as the original records were; and 6A A true copy of archival quality of the film, optical disk or any other medium reproduction shall be kept in a safe and separate place for security purposes. Notwithstanding the foregoing, no page of any record, paper or documents shall be destroyed if any page cannot be reproduced with full legibility. Every un- reproducible page shall be permanent preserved in a manner that will afford easy reference. For purposes of this Section, every reproduction shall be deemed to be an original record. Section 7: Destruction of Video Recordings and Telephone and Radio Communications 7.1 A head of a City department, after one (1) year, may destroy records of routine video monitoring, and after 100 days may destroy recordings of telephone and radio communications maintained by the Department; provided, however, any such destruction shall be approved by the City Council and the written consent of the City Attorney shall be obtained. 7.2 In the event that the recordings are evidence in any claim filed or in any pending litigation, they shall be preserved until pending claim or litigation is resolved. 7.3 Definitions 7.3.1 For purposes of this Section, "recordings of telephone and radio communications" means the routine daily taping and recording of telephone communications to and from the City or its departments, and all radio communications. 7.3.2 For purposes of this Section, "routine video monitoring" means videotaping by a video or electronic imaging system designed to record the regular and on -going operations of the City and its department, including mobile in-car video systems, jail observation and monitoring systems, and building security taping systems. 7.3.3 "Department" includes a public safety communications center operated by the City. Section 8: Transit Department Security Systems The City Transit Department shall retain all video tapes and recordings made by Transit security systems for at least one year; provided, however, that such videotapes and records shall be retained as evidence in any reported incident, claim filed or any pending litigation, in which case the videotapes and recordings shall be preserved until the claim or pending litigation is resolved. 3 Section 9: Rescission of Resolution No. 1997 -24 Resolution No. 1997 -24, a Resolution of the City Council establishing a policy for the destruction of City records, is hereby rescinded in its entirety. MOVED, PASSED, and ADOPTED this 7"h day of December 2010 by the following vote: AYES: Mayor De Forge, Council Members Berg, Fox, Gall and St. Martin NOES: None ABSTAIN: None ABSENT: None Mayor ATTEST: 4 Agenda Item No. I z'-' STAFF REPORT To: Mayor and Council Members From: City Manager Date: March 1, 2011 Subject: Ordinance Adopting the Recycled Water Facility Fee Background and Analysis: The proposed Ordinance was continued from the August 17, 2010, the September 21, 2010 and the December 7, 2010 City Council meeting at the request of the Building Industry Association (BIA) to allow the association, landowners, and the Beaumont - Cherry Valley Water District and San Gorgonio Pass Water Agency to come to an agreement with respect to the sharing of obligations related to the mitigation of salt impacts and implementation of `maximum benefit" obligations in the Beaumont Management Zone and the San Timoteo Management Zone. The City has not heard anything new from these stakeholders to this date and recommends adoption of the ordinance at this time. In the event an agreement is reached with the stakeholders in the future, mitigation funds can be returned to the developers or redirected in accordance with any agreement in the future. It is important to adopt the proposed ordinance in order to continue to make progress implementing maximum benefit obligations and waste discharge permit requirements as set forth by the Regional Water Quality Control Board with respect to these matters. In 1993, the City approved and began implementing the Comprehensive Public Facilities Financing Program (City Program). The City Program has resulted in the construction of critical public facilities in advance of development as directed by the City Council. These facilities have included regional wastewater treatment facilities, regional water and sewer facilities, regional park and recreation facilities, and regional transportation facilities. The proposed ordinance would adopt a development impact fee to fund another critical regional facility which will be constructed in accordance with the City Program, a new recycled water system which is needed to protect and preserve local and regional water supplies as the city continues to grow. The proposed fee is based upon a recycled water facility master plan designed to meet the ultimate demand for recycled water facilities as vacant land is developed in accordance with the City of Beaumont General Plan. Adoption of the proposed ordinance will also help implement key recycled water discharge requirements imposed on the City by the State Regional Water Quality Control Board (Regional Board). The Regional Board regulates the City's wastewater treatment plant and its discharge of recycled water in accordance with a waste discharge permit and regional water quality standards set forth in the Santa Ana River Basin Plan Amendment. These requirements include implementation of projects which provide for the maximum beneficial use of water including groundwater recharge resulting from the discharge of recycled water and water conservation resulting from the use of recycled water for irrigation of landscaping and open spaces. The proposed facilities will also implement key groundwater quality protection requirements set forth in the City's waste discharge permit including elimination of recycled water recharge outside the Beaumont Management Zone. The total estimated cost of the recycled water facilities is approximately $27.8 Million. Adoption of the proposed ordinance will establish an "area of benefit" and adopt a development impact mitigation fee which will be levied on new development in the City. The study provides a fair and reasonable apportionment of the cost of the recycled water facilities to vacant lands where future development is planned. The fee amount is based upon projected demand for the facilities and their benefit to the vacant land as the land is developed. This is done by dividing the total estimated cost of the facilities by increments of projected future demand and benefit which will occur as vacant land is developed in the future. The study projects a total future demand for recycled water facilities to be based upon the impact of approximately 19,100 new homes and 427 acres of future industrial and commercial development. Agricultural land uses and expansions adding 1,000 square feet or less to existing structures would be exempt from the proposed fee. The study has determined a fee of $1,189.59 for each new home and each new commercial "equivalent dwelling unit" constructed in the City would reasonably proportion the cost of the recycled water facilities as development occurs. The proposed fee would be levied at the time a sewer connection permit application is made or at the issuance of building permits, unless otherwise directed by the City Council. Recommendation: Staff recommends ADOPTION of the Ordinance at its first reading, APPROVAL of the Project Progress Report and AUTHORIZATION of the Mayor to execute the Project Progress Report. Respe CITY tted: City Manager CITY OF BEAUMONT PROJECT PROGRESS REPORT CAPITAL IMPROVEMENT PLAN Source of Recycled Water Facility Fee Project Name: Recycled Water System Funds: Contract TBD and per existing agreements. Contractors: TBD and per existing agreements. Date: Const. Budget: 24,540,315.00 Subcontractors: As per approved CEP. A &E Budget: $3,250,000.00 Project Start Date: Jan 2010 Report Period: February 2011 Work Completed During Report Period: Obtained amended waste discharge permit from the Regional Board. Prepared master plan, fee study and ordinance. Problems or Delays During Report Period: No problems of delays. Change Orders: No change orders. Recommendation(s) for City Council Action: Authorize the City Manager to implement the ordinance and direct the financing, design and permitting of the recycled water facilities. Authorized by: Mayor's Signature Date of City Council Approval ORDINANCE NO. 972 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA REQUIRING PAYMENT OF DEVELOPMENT IMPACT FEES FOR RECYCLED WATER FACILITIES, APPOINTING TIME AND PLACE OF A PUBLIC MEETING AND OF A PUBLIC HEARING AND DIRECTING NOTICE THEREOF, DESCRIBING PROPOSED BOUNDARIES OF BENEFIT AREA WHEREAS, California State law, including Sections 66007, 66483 and 66484 of the Government Code authorize the establishment of an area of benefit and the collection of development impact fees for the purpose of defraying the costs of public facilities, improvements and amenities related to new development, including recycled water facilities; and WHEREAS, the City Council of the City of Beaumont has determined to undertake the construction of certain major infrastructure known as the Recycled Water Facility Master Plan (the "Plan") as described in Exhibit A hereto (the "Improvements "), and WHEREAS, the Plan has been adopted as part of the City of Beaumont Recycled Water Facility Fee Study (the "Study ") for the area of benefit which contains an estimate of the total costs of constructing the recycled water facilities required by the Plan and a map of such benefiting area showing its boundaries and the location of facilities; and WHEREAS, in the Study, the City of Beaumont has analyzed the growth of population and land uses and the increase in recycled water generated thereby and the recycled water facilities required in reasonable proportion to the growth; and WHEREAS, the Study concluded that the development impact fees established herein would generate revenues sufficient to design, permit and construct recycled water facilities as shown on the Plan; and WHEREAS, there is a correlation between growth and the need for additional recycled water facilities, and the development impact fees established hereunder will fund the Improvements that are required by the additional new development; and WHEREAS, the City Council has determined to undertake the construction of the Improvements in conjunction with City of Beaumont Community Facilities District No. 93 -1 ( "CFD No. 93 -1 ") and has determined to finance a portion of the costs of the Improvements from fees required to be paid and collected as provided in and authorized by California law; and WHEREAS, pursuant to law, the City Council of the City of Beaumont has enacted this Ordinance (the "Ordinance ") in order to impose certain fees as development occurs on certain land which is benefitted by construction of the Improvements in order to defray a portion of the actual or estimated cost of constructing the Improvements other than property included within CFD No. 93 -1, which finances, funds or constructs facilities equivalent to its share of such costs through CFD No. 93 -1; and WHEREAS, the public interest, convenience and necessity require, and this City Council intends to order the design, permitting, acquisition and construction of the Improvements, related appurtenances and rights -of -way, and the imposition and collection of said fees to defray the costs thereof, and WHEREAS, a public meeting and a public hearing will be held, pursuant to notice as herein provided, for the purpose of establishing the boundaries of the territory more particularly identified on Exhibit B hereto (the "Area of Benefit") of the Improvements, the estimated costs of the Improvements and the method of allocation of said costs to the Area of Benefit and fee apportionment; and WHEREAS, at least 10 days prior to the meeting on the proposed development impact fees, the Director of Public Works shall make available to the public data indicating the amount of costs or estimated costs required to provide the facilities for which each fee is levied and the revenue sources anticipated to provide the facilities; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and determines that new development in the City of Beaumont increases the demand for recycled water facilities thereby requiring the installation and upgrade of recycled water facilities in order to protect the public health, safety and welfare; and that such development should pay its fair share of such improvements. Section 2. Purpose. The purpose of this Ordinance is to make provision for the establishment of an area of benefit and the assessing and collecting of fees at the time of development or connection the City sewer system, herein referred to as the "Recycled Water Facility Fee," to be collected by the City. Section 3. Definitions. Whenever the following words are used in this Ordinance, they shall have the following meaning: a. "Construction" means, without limitation, design, acquisition of right -of- way, administration of construction contracts and actual construction and such other items as may be authorized by laws of the State of California. b. "Dwelling Unit" means a building or portion thereof or a mobile home space or a mobile home or manufactured house designed primarily for residential occupancy. The term "dwelling" shall not include hotels or motels. C. "Equivalent Dwelling Unit" means one Non - Residential Unit, one Dwelling Unit or one Mobile Home Space. d. "Improvements" means recycled water extraction wells, pump stations, pipelines and reservoirs, rights -of -way, appurtenances, permits and professional services as further described in the Plan and the Study for the area delineated in a map showing the boundaries of the area of benefit and the location of such improvements (the "Area of Benefit ") and which the Study contains reasonable estimates of the total costs of the Improvements. e. "Mobile Home Space" as defined in Section 13.21.040 of the Beaumont Municipal Code. f. "Non- Residential Unit" means each gross acre (or fraction thereof) of retail, commercial and industrial development which is designed primarily for non - dwelling use, but shall include hotels and motels. A Non - Residential Unit is equal to 10.00 Dwelling Units. g. "Recycled Water Facility Fund" means the fund established pursuant to the terms of this Ordinance (the "Fund "). Section 4. Payment of Fees Required. Fees for such purpose shall be imposed upon new construction within the Area of Benefit and shall be imposed at issuance of a building permit, final building inspection or certificate of occupancy, whichever occurs first or as otherwise determined by the City Council; provided, however, that the fees for Improvements may be collected at the time an application for sewer service is received by the City. The City Council may also impose the Recycled Water Facility Fee as a condition of filing a final map or issuing a permit for development with respect to any portion of land which is benefitted by the acquisition and construction of the Improvements for the purpose of defraying the actual or estimated costs of the Improvements, so long as such fees are collected for Improvements to be paid for from the Recycled Water Facility Fund (described below) and for which moneys are being appropriated and for which the City has adopted a proposed construction schedule or plan prior to the issuance of a building permit, final inspection or issuance of the certificate of occupancy, or if the fees are to reimburse the City for expenditures which will have been previously made as authorized by Sections 66007, 66483 and 66484 of the California Government Code. Section 5. Map. Subject to the public meeting and hearing process, the City Council hereby determines that the proposed boundaries of the Area of Benefit is as described in the map attached hereto as Exhibit B. The Map showing the general nature, location and extent of the proposed Improvements and showing the boundaries of the territory containing the lands proposed to be charged with fees to pay the costs and expenses of the proposed Improvements, (the "Map of the Area of Benefit ") is hereby approved and adopted in the form attached hereto and made a part hereof as Exhibit B. Section 6. Filing of Map. The original Map of the Area of Benefit and one copy thereof shall be filed in the office of the City Clerk available at City Hall. Section 7. Governing for Details. The Map indicates by boundary line the extent of the territory included in the Area of Benefit and shall govern for all details as to the extent of such area, reference to such Map being hereby made for particulars. Section 8. Certification of Adoption. A Certificate evidencing the date and adoption of this Ordinance shall be endorsed on the original Map of the Area of Benefit and on at least one copy thereof. Section 9. Fees. The proposed fees to be imposed upon construction of all non - residential units, dwelling units and mobile home spaces per equivalent dwelling unit within the Area of Benefit as set forth in Exhibit A. Notwithstanding anything herein to the contrary, the amount of the fees set forth in Exhibit A attached hereto shall escalate each year until paid by an amount equal to the cumulative percentage increases in the Building Cost Index of the Engineering News Record Index published for the month nearest the effective date of this Ordinance. If any fee is not fully paid (or required to be paid), the City may require the property owner, or Lessee if the Lessee's interest appears of record, to execute a contract to pay the fee or charge, or applicable portion thereof, within the time required by Section 4 hereof, as set forth in Section 66007 of the Government Code. Section 10. Estimated Costs. The estimate of the costs of the acquisition and construction of the Improvements, as contained in the Plan and the Study is $27,790,325 and the City Council of the City of Beaumont hereby finds and determines that, of said amount, approximately $27,790,325 shall be paid through the imposition and collection of fees pursuant to the Ordinance. Section 11. Improvements Are In Addition To Existing Facilities. The Improvements are in addition to existing facilities serving the Area of Benefit at the time of adoption of the Ordinance and the Plan. The Improvements are in addition to, or reconstruction of, existing facilities serving the Area of Benefit at the time of adoption of the Ordinance. Section 12. Council Review of Improvements. The City Council of the City of Beaumont hereby declares that it has reviewed the Study presented to the meeting and attached hereto as Exhibit A. Section 13. Subdivision Requires Construction of the Improvements. The City Council of the City of Beaumont hereby finds that subdivision and development of property within the planned local area will require construction of the Improvements and the fees are fairly apportioned within such areas on the need for such facilities created by the proposed subdivision and development of property within such areas. Section 14. Apportionment of Costs. Subject to the public meeting and public hearing process, the City Council of the City of Beaumont hereby determines that the fair method of apportionment of the costs of the Improvements to the Area of Benefit and that the method of apportionment of the fee shall be as set forth in Exhibit A hereto based on equivalent dwelling units. The fee for facilities as to any property proposed for subdivision or development does not exceed the pro rata share of the amount of the total estimated costs of all facilities within such area which would be assessable on such property if such costs were apportioned uniformly on a per -acre basis. The method of apportionment will not provide for higher fees on land which abuts the proposed Improvements, except where the abutting property is provided direct usable access to the facility. The City Council of the City of Beaumont hereby finds and determines that the fees are fairly apportioned within the Area of Benefit on the basis of the need for such Improvements created by the proposed subdivision and development of property within the Area of Benefit. The City Council further finds and determines that there is a reasonable and proportionate relationship between (i) the fees' use and the types of development projects on which the fees will be imposed and (ii) the need for the Improvements and the types of development projects on which the fees will be imposed. Section 15. Deposit of Fees; Restriction on Expenditure of Fees. Fees for such purposes shall be paid to the City of Beaumont and shall be deposited into the Recycled Water Facility Fund. Moneys deposited into such fund shall be expended solely for the construction, acquisition or reimbursement for construction of the applicable Improvements serving the Area of Benefit or to reimburse the City of Beaumont for the cost of engineering and administrative services to form the Area of Benefit and to design and construct the Improvements. The payment of fees shall not be required unless the Improvements are in addition to, or a reconstruction of, any existing major infrastructure serving the Area of Benefit at the time of adoption of the Area of Benefit. The fees shall not be expended to reimburse the costs of existing facilities construction. Section 16. City Is Not Obligated to Advance Available Funds. In its sole discretion, the City Council of the City of Beaumont may advance moneys from its general fund, from moneys made available by the Beaumont Redevelopment Agency, CFD No. 93 -1 or any sewer or water fund to pay the costs of constructing the Improvements and may reimburse the general fund, the Agency, CFD No. 93 -1 or the sewer or water fund for such advances from fees deposited in the applicable Facilities Fund for the Area of Benefit. Section 17. City May Incur Interest Bearing Indebtedness. In its sole discretion, the City Council of the City of Beaumont may incur, or cooperate with the Agency with respect to the Agency incurring, interest bearing indebtedness for the construction of the Improvements; provided that the sole security provided by the City for repayment of such indebtedness shall be moneys in the applicable Fund. Section 18. Agreement for Reimbursement. If the proposed Improvements are installed by any owner of property within the Area of Benefit, the City may credit the fee or enter into an agreement with such property owner to reimburse the property owner, pursuant to Section 66486 of the Government Code. Section 19. Calculation of Fee. The calculation of any fee required to be paid under the provisions of this Ordinance shall be based upon the fee schedule in effect at the time of actual payment. Section 20. Exemptions. The following types of development shall not be required to pay the Recycled Water Facility Fee: a. The replacement of existing development, provided that the replacement occurs within 3 years of the date of destruction, contains the same number of equivalent dwelling units and does not add more than 1,000 new square footage; and b. The rehabilitation or remodeling of existing development that does not add more than 1,000 square feet to the existing structure. Section 21. ApQeals. In addition to any statutorily- authorized protest procedure, any person aggrieved by the computation of fees pursuant to this Ordinance shall have the right to appeal the computation to the City Council by filing a written notice of appeal no later than 15 days from the date of the computation. Written notice shall be filed with the City Clerk and state the objections of the person filing the notice. The City Clerk shall set the matter for hearing at the next regular City Council meeting at least 21 days after the date the appeal was filed. The City Clerk shall give notice of the time and place of the hearing before the City Council to all interested parties. The decision of the City Council shall be final. Section 22. CEQA. The fees adopted hereunder are exempt from the California Environmental Quality Act, Public Resources Code, Section 21080 (b) for the reason that the fees are imposed for the purpose of purchasing materials and for obtaining funds necessary to maintain service within existing service areas. Section 23. Public Meeting. August 17, 2010, at the hour of 6:00 p.m., in the City Council Chambers, 550 East Sixth Street, Beaumont, California, be, and the same are hereby appointed and fixed as the time and place when and where the City Council of the City of Beaumont will hold a public meeting, at which oral or written presentations can be made, as part of a regularly scheduled meeting relating to the matters set forth herein. Section 24. Public Hearing. August 17, 2010, at the hour of 6:00 p.m., in the City Council Chambers, 550 East Sixth Street, Beaumont, California, be, and the same are hereby appointed and fixed as the time and place when and where the City Council of the City of Beaumont will consider and finally determine the boundaries of the Area of Benefit, the Improvements, the estimated costs of the Improvements, and the method of allocation and apportionment of costs of the Improvements to the Area of Benefit and all other matters set forth in this Ordinance. Section 25. Notice of Adoption of Ordinance. The City Clerk of the City of Beaumont is hereby directed to publish this Ordinance once within fifteen (15) days following its adoption in a newspaper of general circulation published in the City of Beaumont; provided, that in lieu of publication of the entire text of the Ordinance, the City Clerk may prepare and publish a summary of the Ordinance with the names of those City Council members voting for and against the Ordinance. The City Clerk shall post a certified copy of the full text of the adopted Ordinance in the office of the City Clerk. Section 26. Severability. If any section, subsection, sentence, clause or phrase is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. The City Council hereby declares that it would have passed those sections, subsections, clauses and phrases irrespective that one or more may be declared invalid or unconstitutional. Section 27. Effective Date. This Ordinance shall be in full force and effect 60 days from and after its adoption on , 2011. MOVED. PASSED AND APPROVED this I" day of March, 2011 by the following vote: AYES: NOES: ABSTAIN: ABSENT: MOVED. PASSED AND ADOPTED this day of , 2010 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Mayor of the City of Beaumont ATTEST: Deputy City Clerk CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 972 duly introduced at a regular meeting of the City Council held on , 2011 and duly adopted upon the second reading on , 2011 by the roll call votes indicated therein. Deputy City Clerk, City of Beaumont (SEAL) EXHIBIT A FEE STUDY INCLUDING DESCRIPTION OF IMPROVEMENTS AND METHOD OF APPORTIONMENT OF FEE City of Beaumont Recycled Water Facility Mitigation Fee Study Prepared for: Beaumont City Council Brian De Forge, Mayor Roger Berg, Mayor Pro Tem. David Castaldo, Council Member Jeff Fox, Council Member Nancy Gall, Council Member Prepared by: Public Works Department Community and Economic Development Department August 17, 2010 Introduction and Purpose of the Study The purpose of this study is to reasonably estimate and apportion the total cost to construct certain recycled water facilities which are needed to support the logical and orderly development of the City of Beaumont in accordance with the City of Beaumont General Plan (General Plan). The study will be used to establish a new facility fee known as the Recycled Water Facility Fee to fund the design, permitting, administration, acquisition, construction and upgrade of certain recycled water facilities necessary to serve future development in the City. The report provides an estimate of costs for those facilities along with a calculation of the facility fee to be levied on a "fair share" basis in accordance with Government Code Section 6600, et. seq., based upon measurable units of expected future land uses which are expected to impact recycled water facilities in Beaumont. Currently, there are thousands of acres of vacant land within the City and its Sphere of Influence which are planned for future development. As new development occurs in the City and surrounding region, recycled water will be generated by new residents and businesses, increasing the use of recycled water facilities and requiring them to be upgraded to accommodate the increased use. Additionally, new recycled water facilities will be needed to accommodate expected use by new development, and to comply with regulatory requirements including those set forth by the State of California Regional Water Quality Control Board (Regional Board). Certain facilities or component portions thereof may be constructed by the City using the facility fees, pursuant to the City of Beaumont's Comprehensive Public Facilities Financing Program (City Program) which relies upon public financing districts to construct facilities or directly by developers to mitigate impacts of specific development projects pursuant to development agreements, conditions of approval and the General Plan. It is appropriate therefore to periodically amend the facility fee to reasonably apportion the cost of recycled water facilities included in this study on a fair share basis among future developments and to facilitate the issuance of fee credits and reimbursements when those facilities are otherwise constructed or funded directly by developers or through the City Program. The facilities to funded by the facility fee, the City Program or developers are listed below and are depicted on the Recycled Water Facility Master Plan included this study. The facilities depicted on the Master Plan are identified in the Preliminary Engineer's Cost Estimate, or as may be otherwise approved by the City Council to fund equal facilities having an equivalent benefit. Facilities to be funded by the facility fee are listed below together with their estimated cost. Recycled Water Facility Estimated Cost < Wells $ 1,240,000 < Reservoirs 1,322,500 < Pump Stations 7,542,500 < Pipelines 10,929,500 < Fees and Permits 640,815 < Planning and Engineering 3,250,000 < Contingency 2,865,000 Total $27,790,315 A preliminary estimate of the cost to design, permit and construct the facilities to be funded by the facility fee is provided in the Appendix of this study. The estimated costs are based upon recent unit costs for similar projects which have been publicly bid in the City using prevailing wages. Where no such recent costs were available, estimates were prepared by the City Public Works Director using RS Means unit cost data adjusted for the local area. All costs for facilities should be adjusted for inflation on a regular basis by the City Council in accordance with the Engineering News Record construction cost index for the Los Angeles area. The facilities to be funded by the proposed fee include extraction wells to make sure all of Beaumont's recycled water is utilized in the Beaumont Management Zone in accordance with Regional Board requirements. The Regional Board has issued a waste discharge permit to the City which regulates how recycled water created by new development must be discharged in a manner with maximizes the beneficial use of the recycled water in the region. The facilities to be funded by the proposed fee also include pump stations, reservoirs and pipelines to deliver the recycled water from the extraction wells to approved discharge points where the water will either be used for irrigation or percolated into the Beaumont Groundwater Basin in accordance with the regulatory permit requirements issued to the City by Regional Board. II. Recycled Water Facility Fee Calculation The purpose of this section of the study is to provide a description of the facilities to be funded by the facility fee and an estimate of costs to design and construct those facilities. This section also provides an estimate of how much future development will benefit from each of the facilities based on "equivalent dwelling units" or EDU's. The study provides a reasonable measure of the number of new EDU's that will be developed on the undeveloped vacant land in the City and Sphere of Influence that will benefit from the facilities once they are constructed. Each facility to be funded and constructed for the benefit of undeveloped land is depicted on the Recycled Water Facility Master Plan map included this study. The study and fee is based upon the total estimated cost of the facilities divided by the number of EDU's that will benefit from and will be responsible to pay the cost of designing, permitting and constructing the planned facilities as part of the City Program. In order to establish a reasonable estimate of the number of EDU's different types of land uses will generate, the study establishes the relative demands of residential, commercial and industrial land uses on the future recycled water facilities. The average demand placed on the facilities by a single dwelling unit with an average population of 3.2 persons per unit is used as the baseline of measurement for other land uses. In the case of recycled water facilities, it is assumed, based upon recycled water generation data utilized by the City as part of the City Program, a single dwelling unit generates 280 gallons of recycled water per day (1 EDU) and the average industrial and commercial use generates 10 EDU per acre of development. A listing of the EDU factors used in this study is provided below. Land Use Recycled Water EDU's Residential Dwelling Unit 1.00 Industrial/ Commercial Acre 10.00 In order to estimate the number of new EDU's to be developed in the future, the study uses a listing of the number of EDU's in major planned projects and an estimate of residential, industrial and commercial EDU's which may develop on remaining undeveloped parcels within the City and the City's Sphere of Influence. The list of planned projects future development areas along with the estimated number of EDU's each project and area will generate is shown on the table entitled EDU Summary in the Appendix of this study. Where a specific project could not be identified for undeveloped land, an estimate of acreage and EDU's was made by generic land uses reasonably expected to be developed in each area based on past development patterns in the City and the current General Plan land use designation. A. Recycled Water Facilities Recycled water facilities to be funded by the proposed facility fee include new recycled water extraction wells, pump stations, reservoirs, pipelines and appurtenant facilities. Additionally, the proposed fee will fund the planning, engineering, construction management and environmental mitigation requirements necessary to design, permit and construct the facilities shown on the Recycled Water Facility Master Plan. For the purposes of this study, the total number of EDU's to be developed which will benefit from the facilities is estimated to be 23,362 EDU's. The total cost of recycled water facilities funded by the fee and fair share contribution generated by the City Program is estimated to be approximately $27.8 Million. B. Recycled Water Facility Fee Calculation The proposed recycled water facility fee is calculated by dividing the cost of the planned facilities by the number of EDU's which will benefit from or use the facilities. EDU assumptions for schools which may be developed in place of residential, commercial or industrial land uses are listed in the Fee Schedule below. All non - residential EDU's may be determined by using the generic EDU factor of 10.00 EDU's per acre or by a site and project specific calculation of EDU's made at the time of development as approved by the Planning Director. The total number of estimated EDU's, the fair share cost of facilities and the proposed facility fee for each generic land use are summarized on the Fee Schedule below. The recycled n water facility fee will be levied by the Building Department prior to the issuance of building permits for all new development or expansion of existing development, or at such time as an application for sewer service is submitted, whichever occurs first. All expansions of existing land uses which are less than or equal to 1,000 square feet will be exempt from the recycled water facility fee. FEE SCHEDULE Land Use EDU's Residential /Com. /Ind. 23,362 *Equivalent Dwelline Unit Factors Residential Dwelling Unit Industrial or Commercial Acre Elementary School Middle School High School Open Space and Agriculture Fair Share Cost $27,790,315 Recvcled Water EDU 5 1.00 10.00 47.28 61.19 133.50 0.00 Fee per EDU* $1,189.55 APPENDIX A) Preliminary Engineer's Cost Estimate City of Beaumont Recycled Water Facility Fee Preliminary Engineer's Cost Estimate Facility/Description Units Unit Cost Estimated Cost Well Site Acquisition 2 $150,000.00 $300,000 Equip Existing Extraction Wells 2 $95,000.00 $190,000 Construct New Extraction Wells 2 $275,000.00 $550,000 Electrical and Telemetry 4 $50,000.00 $200,000 Move -in 1 $10,000.00 $10,000 Rough and Fine Grading 15,000 $7.50 $112,500 Grouted Rip Rap 40 $2,500.00 $100,000 Storage Reservoirs - 1 M Gal. 1 $850,000.00 $850,000 Storage Reservoirs - 250K Gal. 1 $250,000.00 $250,000 Pump Station - 750 hP 1 $3,500,000.00 $3,500,000 Pump Station - 450 hP 1 $2,250,000.00 $2,250,000 Pump Station - 125 hP 1 $1,750,000.00 $1,750,000 6 -inch HDPE Pipeline 4,800 $72.00 $345,600 8 -inch HDPE Pipeline 2,300 $120.00 $276,000 10 -inch HDPE Pipeline 3,950 $150.00 $592,500 12 -inch HDPE Pipeline 19,600 $180.00 $3,528,000 18 -inch HDPE Pipeline 12,250 $216.00 $2,646,000 Dual 12 -inch HDPE Pipeline 10,300 $288.00 $2,966,400 Jack & Bore 1,000 $575.00 $575,000 6 -ft Block Wall 1,000 $40.00 $40,000 Signs 10 $250.00 $2,500 Planning, Environmental and Project Management 1 $385,000.00 $385,000 Engineering, Surveying and Construction Management 1 $2,865,000.00 $2,865,000 Plan Check and Inspection Fees 1 $290,815.00 $290,815 UPRR Permits 1 $100,000.00 $100,000 Wetlands 404 -1603 1 $250,000.00 $250,000 Contingencies (@ 15% of Construction Cost) 1 $2,865,000.00 $2,865,000 TOTAL $27,790,315 B) EDU Summary and Facility Fee Summary City of Beaumont Land Use Areas Centerstone Heartland Second Street Marketplace Four Seasons Sundance Tournament Hills Fairway Canyon Pacific Scene Hidden Canyon Mo Bezhad Manors Construction Mountain Bridge Arbor Ridge Area - Southeast Beaumont Potrero Creek Estates Legacy Highlands Jack Rabbit Trail Sunny Cal Residential Infill Projects Non - Residential Infill Projects Total City of Beaumont Recycled Water Facility Fee Benefit Area EDU Estimate CFD IA No. Project 1 Tentative Tract 5 Tentative Tract 6B General Plan 7 B -E Tentative Tract 8 Tentative Tract 17 B -D Tentative Tract 19 C -G Tentative Tract 20 Aspen Creek 21 Tentative Tract 22 Tentative Tract 24 Tuscany Villas General Plan General Plan Specific Plan Specific Plan General Plan Specific Plan General Plan General Plan Equivalent Dwelling Unit Factors Water Supply EDU Single- family Dwelling Unit 1.00 Commercial /Industrial Acre EDU /AC 10.00 Open Space /Agriculture 0.00 Res. EDU 350 995 0 1,262 2,782 602 2,471 85 411 95 144 2,000 2,250 700 2,868 1,200 571 300 0 19,086 Com /Ind EDU 0 206 174 0 136 0 260 0 0 0 0 900 300 0 1,600 0 0 0 700 4,276 Total 350 1,201 174 1,262 2,918 602 2,731 85 411 95 144 2,900 2,550 700 4,468 1,200 571 300 700 23,362 Fee Component Recycled Water Fee Calculation City of Beaumont Recycled Water Facility Fee Fee Summary EDU's 23,362 Total Cost $27,790,315 Fee per EDU $1,189.55 C) Recycled Water Facility Master Plan » r© mm« _ — =1,— ems Gvtlllja --U z1� / E k ) z OD )� \ )\ k )k / \ ■ % ® ) - 0. $ ± � _ % \ k 2 7 r } ) \ ( (� A9 § 0. � 26 IL = 2 z= it 3� \ / S\ } �z \ } {f & \ $ & E %&I k �ƒ ®2f §� �E4 » C k 79 \ \ co k / o b EXHIBIT B MAP OF IMPROVEMENTS AND AREA OF BENEFIT ix qMI.-Ri a _ v� 1 u rr—T g�� o �•�a v rl rt sa { if n 19 hjk L � L� 1 1 � I � I .tt r S 8 a o � ' 00 cd tt IT 4 W-4 41 frl'rs I1 V Q - — C� N ix qMI.-Ri a _ v� 1 u rr—T g�� o �•�a v rl rt sa { if n 19 hjk L � L� 1 1 � I � I .tt r S 8 a o � ' 00 p 'PASS w r�q F� V "m .z • Established "b\ July 28, 2010 San Gorgonio Pass Water Agency A California State Water Project Contractor 1210 Beaumont Avenue • Beaumont, CA 92223 Phone (951) 845 -2577 • Fax (951) 845 -0281 President: Mr. George Jorritsma, President John Jeter Beaumont Basin Watermaster Vice President: 560 Magnolia Avenue Ted Haring Beaumont, CA 92223 Treasurer: Dear Mr. Jorritsma: Dave Dysart Directors: The San Gorgonio Pass Water Agency and the Beaumont Basin Watermaster Bill Dickson have long had a common interest in the Beaumont Basin and its efficient use for Ray Morris current and future generations. The Agency has been recharging the Basin Barbara Voigt continually since 2003, and thus far has recharged over 5,000 acre -feet Carl Workman specifically to address overdraft. General Manager The Agency recognizes that its recharge at Little San Gorgonio Creek is not & Chiej Engineer: within the boundaries of the adjudicated Basin, though it has been shown to be Jeff Davis, PE within the hydrologic and hydraulic boundaries of the Basin. Legal Counsel: In 2011, the Agency will begin recharging supplemental water in Noble Creek. McCormick, Kidman & Behrens This facility will be located within the boundaries of the adjudicated Basin. While the Agency recognizes that it has the right to recharge supplemental water in the Basin on its own, it is clear that a storage account with the Watermaster would be in the best interests of the Agency and the Watermaster. Toward that end, the Board of Directors has authorized me to negotiate a storage agreement with the Watermaster that meets the legal and administrative needs of the Watermaster, while at the same time protects the legal rights of the Agency. On behalf of the Agency, I respectfully request that you place this issue on the agenda for the Watermaster's next board meeting. I will be happy to attend that meeting and answer any questions that your board or staff may have. itrul urs, is Importing Water To The Pass Area Cc Joe Zoba, YVWD Duane Burk, City of Banning Dave Dillon, City of Beaumont Tony Lara, Beaumont Cherry Valley Water District Russ Behrens Joe Aklufi Kyle Warsinski From: Dave Dillon Sent: Tuesday, August 17, 2010 2:10 PM To: Kyle Warsinski Subject: Fwd: City of Beaumont Recycled Water Fee - - - -- Original Message---- - From: Mark Knorringa <mknorringa @riversidebia.org> To: ulcdave @aol.com Cc: Bill Blankenship <bblankenship @riversidebia.org >; Tommy Thompson <thompson @riversidebia.org> Sent: Mon, Aug 16, 2010 4:47 pm Subject: RE: City of Beaumont Recycled Water Fee Dave, I ask that you pull this from the August 17th agenda. Your email this afternoon is the first factual information I've received on this since our conversation last Thursday or Friday. Additionally, you did not mention this would be agendized any time soon. I will be unable to respond to this proposal nor attend the meeting tomorrow. I ask that you delay this proposal for 30 days. Mark s' Mark Knorringa (.;lief Fxectitive Officer 13IA of Sourhern California - Riverside County Chapter 1891 1 1 r Street Riverside, CA 92 50 1 Phone (95l)781,73 10 ext. 201 Cell (951) 522 -158 t Feu: (95 1) 781 -0509 Email: rnlcnorrinn ,��ci,ri�ersidel,ia.orY www. riversidebia.org An Affiliate of N.A.H.B. W a,hin, ton D.C. & C.B.I.A. Sarramrnto Mayor Brian DeForge, City Council Beaumont Civic Center 550 E. 6th Street Beaumont, CA September 10, 2010 Mayor De Forge and Council, Riverside Countr (-'. hapter Building Industr} Association of Southern California 3891 11th Street Riverside. California 92501 (951) 781 -7310 Fax(951)781 -0509 In accordance with discussions with City staff, I hereby request that the matter of the Beaumont Proposed Recycled Water Facility Fee be put in abeyance until at least your first meeting in December, 2010. The reason for this request is to allow discussions underway between City staff, the BIA, Pardee Homes and the Beaumont Cherry Valley Water District ( "BCVWD ") to continue. These discussions are a cooperative effort to explore and arrive at solutions to several issues relating the City's waste discharge permits, the production, distribution and use of recycled water, and the availability of water for current and future users of water in the City of Beaumont. All of the parties in these discussions have as goals the maximization of water resources, the most efficient use of existing and planned recycled water infrastructure, elimination of duplicate facilities and cost containment and cooperative efforts to implement maximum benefit requirements for the Beaumont Management Zone. I trust that you share these goals and hope you will approve this request to allow us to explore solutions that will benefit us all. Sincerely, Building Industry Association of Southern California Riverside County Chapter Mark Knorringa Chief Executive Officer A t Aflikatc of Ux National Association of Horne Builders mil the Califomis Buildiutt InduAry Association STAFF REPORT TO: CITY COUNCIL FROM: CITY MANAGER DATE: MARCH 1, 2011 SUBJECT: ORDINANCE TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES OR, IN THE ALTERNATIVE, TO REGULATE DISPENSARIES Background A. Prohibiting Dispensaries: On April 21, 2009, the Council adopted Ordinance No. 951 prohibiting the establishment of medical marijuana dispensaries in the City. On May 19, 2009, the Council enacted Ordinance No. 954, an interim urgency ordinance establishing a 45 -day moratorium on the approval of medical marijuana collectives and cooperatives, in order to give staff and the Council time to collect the most current information available. Thereafter, the Council extended the moratorium to May 19, 2011. At the direction of the Council, staff has prepared a proposed Ordinance entitled "An Ordinance Adding Chapter 17.15 to the Beaumont Municipal Code to Prohibit the Establishment and Operation of Medical Cannabis Cooperatives and Collectives or, in the Event a Ban is Held Unlawful, to Regulate the Establishment of Cooperatives and Collectives." A copy of the Ordinance is attached hereto as Exhibit "A -1 ". The Ordinance is, essentially, two parts: the first part is a total ban on dispensaries, and the second part is a set of regulations that would automatically take effect if the ban is struck down by a Court. Also attached to this Report are the following papers, reports and news articles which, collectively, provide the justification for the proposed prohibition against all medical marijuana dispensaries in the City: Exhibit B: California Police Chiefs Association Position Paper on the Decriminalization of Marijuana, dated September, 2009 Exhibit C: City Attorney's Report to the San Diego City Council Committee on Public Safety and Neighborhood Services on Medical Marijuana, dated July 24, 2009 Exhibit D: White Paper on Marijuana Dispensaries by the California Police Chiefs Association's Task Force on Marijuana Dispensaries, dated April 22, 2009 STAFF REPORT Page 2 TO: CIY COUNCIL FROM: CITY MANAGER DATE: MARCH 1, 2011 SUBJECT: ORDINANCE TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES OR, IN THE ALTERNATIVE, TO REGULATE DISPENSARIES Exhibit E: White Paper on Medical Marijuana: History and Current Complications by the Riverside County District Attorney's Office, dated September, 2006 Exhibit F: "Medical Marijuana Dispensaries and Associated Issues ", presented to the California Chiefs of Police Association, July to September, 2009 Exhibit G: "Medical Marijuana Dispensaries and Associated Issues ", presented to the California Chiefs of Police Association, April to June, 2009 Exhibit H: "Medical Marijuana Dispensaries and Associated Issues ", presented to the California Chiefs of Police Association, January to March, 2009 Exhibit I: "Medical Marijuana Dispensaries and Associated Issues ", presented to the California Chiefs of Police Association, September to December, 2007 Exhibit J: "Medical Marijuana Dispensaries and Associated Issues ", presented to the California Chiefs of Police Association Exhibit K: News Articles A careful reading of these various papers and reports reveals that there is substantial evidence to support the prohibition of medical dispensaries within the City. These papers and reports provide the foundation for the Findings that are set forth at length on pages 1 through 8 of the attached draft Ordinance. B. Retulatina Dispensaries: Although much local and State legislative, and judicial, activity has occurred in the last year, there are enough unanswered questions and unresolved issues at this time to justify staff s recommendation that the Ordinance include, in the alternative, regulations governing the establishment and operation of dispensaries within the City in the event the California Courts of Appeal or the California Supreme Court renders a judicial decision prohibiting bans on dispensaries by local government. Thus, in the event the prohibition set forth in the attached Ordinance is rendered void by operation of law, staff proposes a set of regulations that will automatically take its place. The draft regulations envision the establishment of a regulatory scheme requiring the issuance of two permits: STAFF REPORT Page 3 TO: CIY COUNCIL FROM: CITY MANAGER DATE: MARCH 1, 2011 SUBJECT: ORDINANCE TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES OR, IN THE ALTERNATIVE, TO REGULATE DISPENSARIES The Conditional Use Permit: this regulatory process, set forth in Section 17.15.050, envisions a zoning regulation that permits a dispensary by means of a Conditional Use Permit to which is appended a variety of restrictions to ensure compatibility with the dispensary's neighborhood, and to facilitate supervision by the Planning and Building Departments, and the Police and Fire Departments. In summary, Section 17.15.050 becomes operative only if the ban is prohibited by law, and regulates the following: a. Zoning: Restricting dispensaries to the "C-G" (General Commercial), "C-C" (Community Commercial) and "M" (Manufacturing) zones only. b. Separation Standards: 300 feet from homes and churches, 500 feet from sober living homes and 600 feet from other dispensaries, schools, parks, libraries, childcare facilities, community centers and bars. C. Security Standards: "Buzz -in" entry system, video surveillance system, on -site, licensed, uniformed security guard, alarmed system, appropriate lighting and a police and fire department lock box on the front door. d. Operational Standards: No use of marijuana within 300 feet of the premises, edible products must comply with State and local health regulations, no alcohol beverage sales, an odor filter system, no minors, no on -site physician, and hours of operation limited to 9:00 a.m. to 6:00 p.m.. e. Signs and Notices: Specific signs are required to be posted concerning smoking and loitering, and a small dispensary identification sign is permitted. The Operator's Permit: this regulatory process, set forth in the second of two draft Ordinances (attached to this Staff Report as Exhibit "A -2") proposes to add Chapter 5.63 to the Beaumont Municipal Code, setting forth a regulatory process that requires a would - be dispensary operator to obtain an "Operator's Permit" to which is appended a variety of restrictions to ensure that the operator and the proposed dispensary are legally and financially capable, and complies with State and local law. Like Section 17.15.050 described above Chapter 5.63 becomes operative only if the ban on dispensaries is prohibited by law. Chapter 5.63 is summarized as follows: a. Application Process: In the event the City's total ban on dispensaries is rendered void, the Application Process commences 30 days after the law is struck down, and is open for 90 days thereafter. A form of the Application, Application Instructions and associated documents are attached hereto as Exhibits "2" through «5„ STAFF REPORT Page 4 TO: CIY COUNCIL FROM: CITY MANAGER DATE: MARCH 1, 2011 SUBJECT: ORDINANCE TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES OR, IN THE ALTERNATIVE, TO REGULATE DISPENSARIES b. Investigation: Upon receipt of a completed Application, the Police Chief investigates the applicant's background, especially in terms of past criminal conduct. C. Dispensary Limitation: Chapter 5.63 allows for a maximum of 2 dispensaries within the City at any one time. Once the population of the City grows to 50,000 people, then a third dispensary may be allowed. d. Renewal of Permits: Operator's Permits are valid for one year and must be renewed annually. e. Suspension and Revocation: Permits may be suspended or revoked upon violation of Permit conditions, or conditions of the Conditional Use Permit, or of any other conditions specified in the Beaumont Municipal Code or State law. f. Employees: Each employee is also required to obtain a Work Permit. This ensures that employees are free of criminal connections, are of legal age and in possession of a City- issued identification card issued by the Police Department. Work Permits must be renewed annually and are subject to suspension or revocation in the event of a violation. g. Dispensary Audits and Reports: Chapter 5.63 requires submission of quarterly revenue reports to the City to ensure that taxes are paid. A dispensary operator must also conduct an annual audit by a CPA firm approved by the City, to be accompanied by a "management letter" disclosing discrepancies or deficiencies in the dispensary's accounting and administrative controls. h. Records: A dispensary operator shall allow unrestricted access to the Chief of Police to all books, records, facilities and all audio and video tapes pertaining to the facility, except protected medical records. i. Testing of Marijuana: Chapter 5.63 requires that dispensaries test the marijuana in their possession for pesticides and other contaminants, and to maintain a testing log on public display, showing the date, type and amount of marijuana tested, the name of the test lab, and a copy of the lab report. Administrative Guidelines: The Ordinance also authorizes the City Manager to establish and amend Administrative Guidelines for the purpose of administering Chapter 5.63. Draft Guidelines are attached to this Staff Report as Exhibit 118." STAFF REPORT Page 5 TO: CIY COUNCIL FROM: CITY MANAGER DATE: MARCH 1, 2011 SUBJECT: ORDINANCE TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES OR, IN THE ALTERNATIVE, TO REGULATE DISPENSARIES Summary of Planning Commission Action On February 8, 2011, the Planning Commission conducted a public hearing and considered Ordinance No. 987 adding Chapter 17.15 to the BMC. There were no public comments. A motion to approve was unanimously adopted with one significant change: The Commission recommends that the Ordinance be adopted as presented with a reduction in the number of permitted dispensaries from three (3) initially permitted to two (2), and no more than one additional permit for every 25,000 population above 50,000 (Section 17.15.050.1), page 11). The staff supports the Commission's recommendation. Financial Impact Staff anticipates that the initial implementation of the Ordinances followed by the annual implementation and policing activities thereafter, will have a substantial impact on the General Fund. Therefore, staff recommends the adoption of a fee schedule to offset the financial impact. A proposed schedule is attached hereto in the form of a draft Resolution, as Exhibit "I L" Staff estimates that these fees, paid by two operating dispensaries, will cover staff and consultant costs to administer this program. Recommendation Hold a Public Hearing and approve the first reading of Ordinance No. 987 and 991 as presented. AGENDA ITEM To: Mayor and City Council Members From: Frank Coe, Chief of Police By: Sean Thuilliez, Police Commande�rr` Approval: Alan Kapanicas, City Manager Agenda Date: March 1, 2011 Subject: Resolution to Provide Traffic Enforcement in Four Seasons Community Background/ Summary: In September 2010, the police department was contacted by the Board of Directors of K. Hovnanian's Four Seasons - Beaumont Community Association in reference to their concerns about traffic violations occurring within their private -gated community; specifically— speeding vehicles, vehicles failing to yield the right -of -way in the roundabout, and stop sign violations. While these violations have not resulted in an increase in traffic collisions, there is a significant concern for the potential of a serious accident if these violations are not addressed. In October 2010, the Board of Directors requested the police department to conduct a pilot program where officers could enforce the California Vehicle Code (CVC) with warning citations in an attempt to change the behavior of the residents. Unfortunately, a resident was concerned with this MOU and the legality of our officers stopping residents without adhering to the requirements of the CVC. Although the police department is willing and able to continuing to provide the necessary enforcement within this community, section 21107.7 of the CVC does mandate a process that must be met before any official enforcement actions can take place. CVC 21107.7 requires that the Board of Directors provide notice to all residents that a public hearing will be held by the City Council prior to adopting a Resolution allowing the enforcement of the California Vehicle Code within their private -gated community. The Board has properly noticed their residents of the Public Hearing and their representatives are here to request the City Council approve their request to provide enforcement within their Community. The police department's primary focus within the community will continue to be focused on improved traffic safety through education. This would be achieved through a focus on warnings and advisements, followed by citations when necessary to address repeat offenders or problem specific streets or intersections. The City Attorney has authored a Resolution that outlines the services to be provided; which has been provided to the Board of Directors, and is attached for your review. Fiscal Impact: Any costs associated with this Resolution will be absorbed into the department's current operating budget. Recommendation: Staff recommends that the City Council hold a public hearing and adopt Resolution No. 2011 -04 authorizing the police department to enforce the California Vehicle Code within the Four Seasons gated community and authorize the Mayor to execute the Resolution on behalf of the City of Beaumont. Attachment(s): Resolution to Provide Services Notification to Residents as required by CVC 21107.7 Resolution No. 2011 -03 A Resolution of the City Council of the City of Beaumont, California, Authorizing the Application of the California Vehicle Code on the Private Streets of Four Seasons Community Whereas, the Four Seasons Community consists of private streets; and Whereas, the Board of Directors of the Four Seasons Community asked that the Beaumont Police Department enforce the California Vehicle Code within its private streets; and Whereas, pursuant to California Vehicle Code Section 21107.7, the City Council conducted a Public Hearing thereon, upon 10 days' prior written notice, to all residents within the Four Seasons' Community; and Whereas, the interests of the residents and the motoring public will be best served by application of the California Vehicle Code to the private streets in the Four Seasons Community. Now, Therefore, the City Council hereby resolves: Section 1: Authorization to Enforce Vehicle Code. The provisions of the California Vehicle Code shall apply to the private streets within the Four Seasons Community. Section 2: Community Entrance Signs. The Four Seasons Community, within 30 days of the effective date of this Resolution, shall post appropriate signs at every entrance to the private streets from public rights of ways, having a size, shape and color as to be readily legible, during daylight hours from a distance of 100 feet, to the effect that the private roads are subject to the California Vehicle Code. Section 3: Traffic Signs. At the sole expense of the Four Seasons Community, the Chief of Police shall designate such reasonable and necessary traffic signs, signals, markings, and devices within the Community which conform to the uniform standards and specifications adopted by the California Department of Transportation. Section 4: Effective Date. The Chief of Police is authorized to commence enforcement of the California Vehicle Code within the Four Seasons Community at such time as all of the signs, signals, markings and devices required by this Resolution are installed. MOVED, PASSED, and ADOPTED this 1s' day of March, 2011 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Mayor De Forge ATTEST: Deputy City Clerk 8 Four Seasons at Beaumont H OA News manager's update By Lisa Lynn, General Manager At the Open Session Board meeting held on Thursday, Jan. 13, the Board of Directors approved committee recommendations; including the Landscape proposal for removal of cottonwood trees close to the tennis courts, the Ad hoc Water Management proposal to install a test area along Crooked Creek to review the cost effectiveness of a different plant material for water and maintenance purposes, the Ad hoc Access Control and Safety and Facilities proposal to make the Crooked Creek entrance access by transponder only and requiring guests and vendors to use the Potrero entrance and the Social Committee proposal for the Mardi Gras event. The Board approved the vendor proposal for the replacement cost of the headphone jack insert for 14 televisions in the fitness center, approved the 2011 Lodge Holiday hours, accepted the turnover of the Phase C upper and lower trails contingent on the completion of the punch list items and accepted the landscape maintenance bid for that area, approved the cost of purchasing backflow covers for the Phase B area, approved the Racquet Club request to store their tennis ball machine at the Lodge and to purchase new tennis balls for the club member use, approved the revised Communications Advisory Committee charter and requested the tabled Qualifications for Election to the Board of Directors be referred back to the Rules and Regulations Committee with the notes from legal council regarding changes. Overall, 34 action items were requested of Management by the Board of Directors. Management reported to the Board the completion of items including the security cameras installation, the installation of the Craft Room ledge, the CC &R petition items submitted to legal, the Springdale insurance policy renewal (including the general policy and earthquake policy), removal of horsetail at a Springdale unit planter area, renewal of the music license for the facilities and completion of the gatehouse repairs. Management reported to the Board that 53 violation letters had been sent out during December. Of those, 7 were for landscape or lot maintenance, 9 were for trash containers, 5 for not properly storing a garden hose, and 32 for not registering a vehicle. The Board of Directors suspended facility privileges for 7 members for delinquent dues, bringing the total for suspended privileges to 33 current members. There were 46 accounts with balances over 90 days past due. The Board approved the December 2010 meeting minutes and the November 2010 Financials. The Board meeting is held on the second Thursday of the month, with the Executive Session at 9 a.m. in the Lodge Conference room and the Open Session at 1 p.m. in the Lodge Ballroom. The next meeting will be held on Thursday, February 10. Remember to check the calendar for upcoming District Delegate election dates. Ballots for District Delegate candidates need to be returned in the envelopes received and please sign the outside of the green envelope. It is necessary to receive more than 50% of the ballots from each district to meet the quorum requirements; otherwise, an adjourned meeting must be held. Your participation is appreciated. The Board of Directors approved the proposal from the Ad Hoc Access Control and Safety /Facilities Committees to make the access at the Crooked Creek entrance by transponder use only. Guests and vendors will be required to use the Potrero entrance. This new procedure will be in effect starting March 1. Making that gate accessible only to residents with a transponder will help to increase the community safety and security, as well as to help eliminate damages to the gates. The Safety and Facilities Committee is in need of sub- committee members to provide inspections of the common areas and facilities. They are also looking for a member who would be willing to sit in on committee meetings to record the minutes of the meeting. Please contact Jerry Thompson, Committee Chairperson, at (951) 572 -5394 or Lisa Lynn, Euclid Management representative at (951)769 -6358. The Board of Directors for K. Hovnanian's Four Seasons at Beaumont Community Association, during an action taken on Sept. 9, 2010, has approved the Beaumont Police Department to provide vehicle code enforcement within the Association. This approval is in compliance with the Association's Declaration of Conditions, Covenants, Restrictions, Reservations, and Easements (CC &Rs), Section 2.2 (vi) which states, "The right of the Association to regulate the use of any private streets, roadways, and paved areas located upon or across the Association Property, including the right to regulate the kind of vehicles traveling thereon, the speed thereof, and the parking of vehicles upon such private streets and roadways. However, traffic upon such private streets and roadways shall be subject to and governed by all applicable provisions of the California State Vehicle Code and traffic regulations of the City and/ or County. Declarant and/or the Association is authorized to delegate to a municipality or other governmental entity or to contract with any private security patrol company to exercise its rights in connection with such private streets, roadways, and parking areas." Pursuant to the California Vehicle Code 21107.7, the City of Beaumont may act upon this enforcement by resolution of the City Council taken at a duly noticed meeting. The Board of Directors has presented a Memorandum of Understanding, outlining a pilot program between the Beaumont Police Department and the Association in order to improve traffic and safety issues in the Association. The Beaumont City Council has placed this item on their agenda. Notice of Public Hearing March 1, 2011 6 p.m. Beaumont Civic Center 550 E. 6th Street, Room 5 Beaumont CA 92223 January 2011 Dear Homeowners: The Board of Directors for K. Hovnanian's Four Seasons at Beaumont Community Association, during an action taken on September 9, 2010, has approved the Beaumont Police Department to provide vehicle code enforcement within the Association. This approval is in compliance with the Association's Declaration of Conditions, Covenants, Restrictions, Reservations, and Easements (CC &Rs), Section 2.2 (vi) which states, "The right of the Association to regulate the use of any private streets, roadways, and paved areas located upon or across the Association Property, including the right to regulate the kind of vehicles traveling thereon, the speed thereof, and the parking of vehicles upon such private streets and roadways. However, traffic upon such private streets and roadways shall be subject to and governed by all applicable provisions of the California State Vehicle Code and traffic regulations of the City and/or County. Declarant and/or the Association is authorized to delegate to a municipality or other governmental entity or to contract with any private security patrol company to exercise its rights in connection with such private streets, roadways, and parking areas." Pursuant to the California Vehicle Code 21107.7, the City of Beaumont may act upon this enforcement by resolution of the City Council taken at a duly noticed meeting. The Board of Directors has presented a Memorandum of Understanding, outlining a pilot program between the Beaumont Police Department and the Association in order to improve traffic and safety issues in the Association. The Beaumont City Council has placed this item on their agenda. Notice of Public Hearing March 1, 2011 6:00 p.m. Beaumont Civic Center 550 E. 6'h Street, Room 5 Beaumont CA 92223 Agenda Item No. � °C) STAFF REPORT To: Mayor and Council Members From: City Manager Date: March 1, 2011 Subject: General Plan Amendment No 11- GPA -01, Zone Change No. 11 -RZ -01 (Ord. 991 & Resolution No 2011 -06), Proposed Rezoning of a 0.14 Acre parcel located at 630 California Avenue Applicant: Rocky Dilucchio Background: At the regularly scheduled Planning Commission meeting on January 11`", 2011, Planning Commission approved Conditional Use Permit 10- CUP -13 for Rocky's Pawn DeRosa Pawn Shop located at 100 E. a Street. The project was approved with a condition of approval requiring a General Plan Amendment and Zone Change to be filed and approved prior to the use of the storage building located at 630 California Avenue in Beaumont, CA. The warehouse building located at 630 California Avenue was previously used for storage of goods to be used with the building and business at 100 E. 66 Street, which was previously a home furnishing retail store, but was changed to Residential Single Family (R -SF) as part of the most recent General Plan Update. The Beaumont General Plan designation for this site is R -SF which would not allow for a commercial business, thus both a General Plan Amendment and zone change are needed to fix the subject property's non - conforming status. At the regularly scheduled Planning Commission meeting on February 8, 2011, the Planning Commission held a public hearing on this item and took action by recommending approval to the Beaumont City Council of the proposed general plan amendment and rezoning of the parcel located at 630 California Avenue. City Council has final authority over approving or denying this proposal. Staff Report 11- GPA -01 & 11 -RZ-01 Page 2 Analysis: The subject application involves a proposed general plan amendment and re -zone request of 0.14 Acres of land located at 630 California Avenue. Today, the property is a legal non - conforming parcel with a warehouse building intended by the applicant to be used with the retail pawn shop recently approved at 100 E. 6th Street. The 630 California Avenue property is zoned R -SF (Residential Single Family), while the retail property at 100 E. 6th Street is zoned CG (Commercial General). Since Planning Commission's meeting on January 11th, 2011, in which 10- CUP -13 (Rocky's Pawn Shop) was approved, the applicant has worked to satisfy all of the conditions of approval for the retail business and requires this approval to satisfy condition 3.11, prior to the use of the storage building. The alley and parking lots has been repaved and striped to the satisfaction of the Public Works Department, and the landscaping has been replanted to the satisfaction of the Planning Department. Old signs have been removed and replaced with signs which were approved and permitted prior to installation. Environmental Documentation: From the standpoint of the California Environmental Quality Act (CEQA), an Environmental Impact Report was prepared for the General Plan Update, Certified in March of 2007, adequately addressed and considered prospective impacts relative to the changes of this designation, and complies with the requirements of the California Environmental Quality Act. The EIR and findings made by the City Council remain pertinent and adequate for use for the current application. Findings: In order for the City Council to approve the subject proposal, the following findings need to be made. The Environmental Impact Report prepared for the General Plan Update, Certified in March of 2007, adequately addressed considerations and prospective impacts relative to the changes of this designation, and complies with the requirements of the California Environmental Quality Act; and, 2. The proposed change is substantially in conformance with the intent of the Beaumont General Plan. 3. The proposed use will not adversely affect the health, safety and welfare of the area, and will be consistent and compatible with existing and planned uses in the vicinity. Staff Report 11- GPA -01 & 11 -RZ-01 Page 3 RECOMMENDATION: Staff recommends City Council: 1. Hold a public hearing; 2. Adoption of Resolution 2011 -06 for General Plan Amendment No. 11- GPA -01 to change the General Plan land use designation of (R -SF) Residential Single - Family to General Commercial for the subject site; 3. Adoption of the rezoning request 11 -RZ -01 as presented by adopting Ordinance 991 to rezone the property from (R -SF) Residential Single Family to (CG) Commercial General. CITY O �AUMO T Ian Kapanicas City Manager RESOLUTION 2011 -06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING THE BEAUMONT COMPREHENSIVE GENERAL PLAN LAND USE ELEMENT LAND USE MAP (11- GPA -01) WHEREAS, the City of Beaumont is required by State Government Code Section 65302 to adopt and maintain a General Plan, as defined therein; and, WHEREAS, the City of Beaumont adopted the Beaumont Comprehensive General Plan by its adoption of Resolution No. 2007 -18, on March 6, 2007; and, WHEREAS, a 0.14 acre portion of Residential Single- Family land is currently indicated on the Beaumont General Plan Land Use Element Map Single - Family Residential; and, WHEREAS, a description of the boundary and territory is set forth in Exhibit "A" attached hereto and by this reference incorporated herein; and, WHEREAS, the comprehensive planning of the area and the logical and orderly implementation of the General Plan will be aided through the proposed actions; and, WHEREAS, the Environmental Impact Report prepared for the General Plan Update, Certified in March of 2007, adequately addressed considerations and prospective impacts relative to the changes of this designation, and complies with the requirements of the California Environmental Quality Act; and, WHEREAS, information regarding the General Plan Amendment was available for review in the Beaumont Planning Department at City Hall beginning on October 22, 2009; and, NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AS FOLLOWS: SECTION 1: The City Council finds that the proposed revision to the Land Use Map of the General Plan Land Use Element comply with applicable State, Regional, County and City plans, programs, policies and guidelines; and hereby adopts the proposed Land Use Map revision. SECTION 2: The City Council finds that the General Plan Amendment is consistent with the General Plan's various elements and all of the General Plan's goals, policies, objectives and narrative text. SECTION 3: All of the information pertaining to the proposed General Plan Amendment are on file in the Planning Department of the Beaumont City Hall. RESOLUTION NO. 2011-06 SECTION 4: The City Council finds that the Environmental Impact Report prepared for the General Plan Update, Certified in March of 2007, adequately addressed considerations and prospective impacts relative to the changes of this designation, and complies with the requirements of the California Environmental Quality Act. MOVED, PASSED AND ADOPTED this 1St day of March, 2011, upon the following vote: AYES: NOES: ABSTAIN: ABSENT: Mayor of the City of Beaumont Attest: Deputy City Clerk, City of Beaumont RESOLUTION NO. 2011-06 i I � mil./ ' gym• e 6 v , � O LEGAL DESCRIPTION EXHIBIT "A" a, aR /-- l t 4 old =4 " r ;t C /s 9 we• 15 k ire = 1! !4 • a, aR a' a' ra• D1 I r " r ;t C ® i o G I Q V 4K.gL' � II I t 15 i 24 flu 122 2l w 1J r 1@ I7 /6 5 ° 141 Li � , ST- PN PAGE 11418 -080 /Gee 2 O 4 4 C O h 55 f2 06.. 11 ©� o !AC. M /60' 21- aa' r• s' n' s ,a• — r I +a' as a• ". lR ° 101 1 ` /O 1 .// 0 I. ar 25 124 23 122 11 120 V I ( , 5 IT ©� o !AC. M /60' 21- aa' r• s' n' s ,a• — r a• +a' as a• ". lR ° 101 1 ` /O 1 .// 0 I. ar 25 124 23 122 11 120 V I f >T 6 115 1 !4 I v ! 07, RESOLUTION NO. 2011-06 LEGAL DESCRIPTION EXHIBIT "A" LOT 12 BLK 82 MB 006/016 SB AMENDED MAP ORDINANCE NO. 991 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, ADOPTING A ZONE CHANGE TO CHANGE THE ZONING FOR A 0.14 ACRE AREA OF LAND FROM R -SF (RESIDENTIAL SINGLE - FAMILY) TO CG (COMMERCIAL GENERAL) (11- RZ-01) LOCATION: 630 CALIFORNIA AVENUE (418- 083 -007) WHEREAS, the City of Beaumont initiated a change of the zoning for a 0.14 acre area of land, which is described in Exhibit "A" which is attached hereto; and WHEREAS, the zoning designation for the subject site at the present time is R -SF (Residential Single - Family); and WHEREAS, the proposed rezoning action would establish a zoning designation of CG (Commercial General), and would facilitate the development of the site consistent with the standards and guidelines contained in the CG zone / City of Beaumont Municipal Code; and WHEREAS, the proposed change is consistent and compatible with existing zoning designations adjoin and in the vicinity of the subject area; WHEREAS, this zone change implements a General Plan Amendment adopted on the same date to designate this site for commercial development; WHEREAS, the Beaumont Planning Commission conducted a duly noticed public hearing on February 8, 2011; and WHEREAS, the Beaumont City Council conducted a duly noticed public hearing on March 1, 2011; and WHEREAS, the Environmental Impact Report prepared for the General Plan Update, Certified in March of 2007, adequately addressed considerations and prospective impacts relative to the changes of this designation, and complies with the requirements of the California Environmental Quality Act. THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The Official Zoning Map of the City of Beaumont is hereby amended to designate the subject property described in attached Exhibit "A" for the following zoning designation on Exhibit "A" SECTION 2: This Ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage the City Clerk shall cause a summary to be published in a newspaper of general circulation, printed and published in the City of Beaumont, in a manner prescribed by law for the publishing of ordinances of the said City. ORDINANCE NO. 991 MOVED, PASSED AND APPROVED this lst day of March, 2011, upon the following vote: AYES: NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this th day of , 2011, upon the following vote: AYES: NOES: ABSTAIN: ABSENT: Mayor of the City of Beaumont Attest: Deputy City Clerk, City of Beaumont ORDINANCE NO. 991 1 I 1 i 8 i w A a ~a c w ] f t 0 /0 ®r V IJL t LEGAL DESCRIPTION EXHIBIT "A" s 4 ti 0 i a n F �,4 C S fy'. ]APN PAGE 418 -080 0 0 1? O . 2f4 2fL' r p4 1 e8i 6 /22 L 2 • 2S .i! �� + 2 R.AG 1 0 4 O L s s O 7 . /5 � 9 /fff4 � 0 / $ /9 I /Fr I iT M Z 14 i a° 1 �r 1_ 5 O /T T 4 0.?/ Ac. t // ]f' � af' Y' M N ra'1 .if• J J' Yc tc' ;L jq' $ l� JI I t 00,1/1 I 144 i :• I t i 25'24 23 122 I 120 19 1 1 /T 16 15'14 10 � o i 8 r Rf• RG• •JL� Rf' � t er �r � i IJL t LEGAL DESCRIPTION EXHIBIT "A" s 4 ti 0 i a n F �,4 C S fy'. ]APN PAGE 418 -080 0 0 1? O . 2f4 2fL' r p4 1 e8i 6 /22 L 2 • 2S .i! �� + 2 R.AG 1 0 4 O L s s O 7 . /5 � 9 /fff4 � 0 / $ /9 I /Fr I iT M Z 14 i a° 1 �r 1_ 5 O /T T 4 0.?/ Ac. t // ]f' � af' Y' M N ra'1 .if• J J' Yc tc' ;L jq' $ l� JI I t 00,1/1 I 144 i :• I t i 25'24 23 122 I 120 19 1 1 /T 16 15'14 10 � o i 8 r Rf• RG• •JL� Rf' � t er �r � i 1 �r 1_ 5 O /T T 4 0.?/ Ac. t // ]f' � af' Y' M N ra'1 .if• J J' Yc tc' ;L jq' $ l� JI I t 00,1/1 I 144 i :• I t i 25'24 23 122 I 120 19 1 1 /T 16 15'14 10 � o i 8 r Rf• RG• •JL� Rf' � t er �r � i er �r � i ORDINANCE NO. 991 LEGAL DESCRIPTION EXHIBIT "A" LOT 12 BLK 82 MB 006/016 SB AMENDED MAP City of Beaumont 550 E. Oh Street Beaumont, CA 92223 (951) 769 -8520 www.ci.beaumont.ca.us Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont Planning Commission and City Council will conduct public hearings with respect to the matters described below. The Planning Commission's Public hearing will be held on Tuesday, February 8, 2011 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6`h Street, Beaumont, California 92223. The City Council's Public hearing on this matter will be held at 6:00 p.m. on Tuesday, March 1, 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): Rocky's Pawn Shop located at 100 E. 6 Street would like to expand their use to the property behind the retail store located at 630 California Avenue (APN 418 - 083 -007) which would require a General Plan Amendment to amend the land use designation from Single Family Residential to General Commercial and a Re -zone to change the zoning designation from R -SF (Residential - Single Family) to CG (Commercial General). This process is being done to bring the property into compliance with the Beaumont Municipal Code and allow the pawn shop to expand to this property. - For further information visit the City of Beaumont Document Center on the City's website at www.ci.beautnont.ca.us. Staff reports are made available to the public four (4) days prior to the public hearing. The applicant for this project is Rocky Dilucchio. Date: January 27, 2011 arsinski Community Development Analyst Published: One time only no later than January 29, 2011 City of Beaumont 550 East 6th Street Beaumont, CA 92223 (951)769-8520 FAX (951) 769 -85215 DATE: March 1, 2011 TO: City Council FROM: Alan Kapanicas, City Manager SUBJECT: 2011 -12 Budget Schedule January 18, 2011 — Present census of currently budgeted employee positions compared to actual. Present listing of current City contracts. (COMPLETED) February 1, 2011 — Council requests to staff to review changes in employee positions and/or current City contracts. (NO CHANGE REQUESTS MADE BY COUNCIL) February 15, 2011 — Staff response to Council requests from February 1, 2011 meeting. (COUNCIL MEMBER REQUESTED ANOTHER CONTRACT DISCUSSION FOR MARCH 1) March 1, 2011 — Contract discussion per Council member request and Staff decision packages presented to Council and programs are prioritized. Council asked for their program additions, deletions or modifications. March 15, 2011 — Review of staff decision packages and Council requested programs. April 5, 2011 — Preliminary general, special and capital budgets presented are presented. April 19, 2011 — Review of general, special and capital budgets by Council and Council asked for modifications. May 3, 2011 — General, special and capital budgets are presented for Council approval with changes from the April 19, 2011 meeting. Public hearing is set for May 17, 2011. May 17, 2011 — Hold public hearing and adopt 2011 -12 general, special and capital budgets. June 7, 2011 — Final adopted budget document is presented to Council and available to the public via the City website. Budget Worksheet March 1, 2011 1) Decision Packets a. Receive and Review b. Prioritize and Give Directions to Staff 1) Additions 2) Decisions or Modifications 2) Contact Review City of Beaumont Decision Packages For the Budget Year 2011 -2012 Council Worksheet Original Department Council Request Priority Department 3800, RDA Low/Mod Housing Equipment/Services: 100,000 Home rehabilitation assistance _ 100,000 Video City Council Meetings- Equipment 130,000 Video City Council Meetings - Annual Operations 50,000 _ Move City Council Chambers to the Gym 100,000 _ Support Chamber of Commerce Market Night 5,000 _ 285,000 Department 2050, Police Equipment/Services: Coplink Online Reporting Software- Equipment 15,000 Coplink Online Reporting Software- Annual Operations 5,000 _ Crime Mapping/Automatic Vehicle Locating/GIS Software: Equipment 100,000 Annual operations 14,000 _ 134,000 Department 2150, Building Inspection Equipment/Services Employ, instead of contract, public works inspector 100,000 Vehicle and equipment for public works inspector 30,000 _ Vehicle cameras for 5 code enforcement/building inspector 25,000 _ 155,000 TOTAL REQUESTED 674,000 Council Members Programs