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Agendas - Mar. 15, 2011
Agenda Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority Beaumont Charitable Foundation Beaumont Conservation Authority 550 E. 6th Street, Beaumont, California Regular Session (6:00 p.m.) Closed Session (after Regular Session) Tuesday, March 15, 2011 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" REGULAR SESSION Regular Session to begin at 6:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor De Forge , Mayor Pro Tern Berg , Council Member Castaldo , Council Member Fox , Council Member Gall Invocation: Jerry Westholder — Highland Spring Fellowship Pledge of Allegiance: Boy Scouts Presentation: Riverside County Focal Point Presentation 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)Beaurnont a. Charitable Foundation (made up of donations from citizens, employees and contractors) b. Community Information and Local Project Update 1) Financial Updates a) February 2011 Update b) Sales Tax Update 2) Beaumont Redevelopment Agency a) Redevelopment Update 3) Sustainability a) Beaumont Economic Update from John Husing b) Market Place Update C) Rule 20A Construction Notice from Edison d) Dark Skies Update e) Street Light Repair f) Park Procedures Update C. Calendar of Events 1) March 13, 2011 — Daylight Savings Time Change 2) March 18, 2011 — Boys in Blue Applebee's 5 -8pm 3) April 9, 2011 — Mardi Gras Event (fundraiser for MDA) 4) April 9, 2011 — Law Enforcement Torch Run 5) April 16 & 17, 2011 — Baker to Vegas (MDA Police Run) 6) April 30, 2011 — Horse Shoe Tournament/Chili Cookoff (fundraiser for MDA) 7) May 28, 2011 — Breezin' Through Beaumont 8) June 2, 3, 4 & 5, 2011 — Cherry Festival 9) 1' Wednesday of each Month — Beaumont Care Awareness Team 10) Second and Third Wednesday of Each Month — Story Time Cafe d. Rumor Control, and Report on Oral and Written Communications 3. CONSENT CALENDAR (This portion of the Agenda is for items that do not require a Public Hearing or discussion.) a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary b. Approval of the Minutes of the City Council Meeting March 1, 2011 C. Approval of the Warrant List for March 15, 2011 d. Adoption of Ordinance No. 991 at its second reading — An Ordinance of the City Council Amending Title 5 of the Beaumont Municipal Code by Adding Chapter 5.63 Regarding Medical Cannabis Dispensaries. e. Adoption of Ordinance No. 993 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 Residential Single Family (R -SF) to Commercial General (CG) (11 -RZ- 01) Location: 630 California Avenue (418 -083 -007) f. Approval of Final Parcel Map No. 35895 Located at the Northeast Comer of California Avenue and 1 st Street — Baldi Bros. g. Acceptance of Quitclaim Deed to Meritage Homes and KB homes to Relinquish City's Interest for Lots in Seneca Springs. h. Approval of Beaumont Foundation Request — Special Olympics Law Enforcement Torch Run Sponsorship i. Approval of Beaumont Foundation Request — Don Messier (Run for the Wall) Recommendation: Approval of the Consent Calendar as presented. 4. ACTION ITEMS /PUBLIC HEARING /REQUESTS (This portion of the Agenda is for items that require a Public Hearing, discussion, and /or Council direction.) a. Ordinance No. 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. Recommendation: Adopt Ordinance No. 972 at its second reading by title only. b. 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 Cooperatives 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. Recommendation: Adoption of Ordinance No. 987 at its second reading by title only. C. Ordinance No. 992 - Solicitation Ordinance Update Recommendation: Open Public Hearing, Take Testimony, and Continue to the Regular City Council Meeting of April 19, 2011. d. Specific Plan Amendment 10 -SP -03 and Amendment to Tentative Tract Map No. 33096 and Final Map 33096 for the Four Seasons Beaumont Project. Located at the Southwest Intersection of East 1st Street and Highland Springs Avenue. Applicant: K. Hovnanian Recommendation: 1) Hold a Public Hearing; 2) Approve the amendment to the Four Season Specific Plan 10- SP -03; 3) Approve the amendment of Tentative Tract Map No. 33096; and 4) Continue Final Map 33096 so that staff can work with applicant to obtain the necessary bonding securities in place prior to the approval of Final Map. e. Amended Energy and Water Conservation Agreement with Pardee Homes, Inc. Recommendation: Approval of the Amended Agreement and Project Progress Report and Authorize the Mayor to Execute the Agreement subject to the authority of the City Attorney to make non - substantive changes. 5. WORKSHOP a. Budget 1) Contract Information (Requested at March 1, 2011 Meeting) 2) Decision Packages a) Review b) Prioritize 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 63/912011 City of Beaumont General Fund Revenue and Expenditures February 28, 2011 Licenses and permits Building permits 500,000 Actual- Accruals/ Adjusted Variance -58% Other licenses and permits 8 Months Cash Basis Adjustments Balance Favorable Percentage Use of money and property: Budget 2/28/2011 2/28/2011 2/28/2011 (Unfavorable) Difference REVENUES 1,200,000 118 1,200,000 1,200,118 118 0% Taxes: 2,200,000 1,410,622 445,000 1,855,622 (344,378) -16% Property taxes 2,666,667 1,673,565 650,000 2,323,565 (343,102) -13% Sales taxes 2,146,667 2,187,453 165,000 2,352,453 205,786 10% Utility Users tax 900,000 769,215 0 769,215 (130,785) -15% Franchises 483,333 232,825 250,000 482,825 (508) 0% Business Licenses 120,000 51,985 68,000 119,985 (15) 0% T.O.T. 150,000 141,929 8,000 149,929 (71) 0% Swimming pool 6,466,667 5,056,972 1,141,000 6,197,972 (268,695) -4% Licenses and permits Building permits 500,000 210,367 0 210,367 (289,633) -58% Other licenses and permits 66,667 83,122 0 83,122 16,455 25% Use of money and property: 566,667 293,489 0 293,489 (273,178) -48% Intergovernmental revenue: 1,200,000 118 1,200,000 1,200,118 118 0% Motor vehicle in lieu 2,200,000 1,410,622 445,000 1,855,622 (344,378) -16% Other revenue 0 0 0 0 0 0% (310,667) 2,200,000 1,410,622 445,000 1,855,622 (344,378) -16% Charges for services: 3,639,000 3,554,282 (469,718) -12% Building & Development 1,333,333 1,588,255 0 1,588,255 254,922 19% Police services 13,333 34,300 0 34,300 20,967 157% Refuse collection 2,800,000 2,161,966 0 2,161,966 (638,034) -23% Swimming pool 16,667 18,143 0 18,143 1,476 9% Recreation program 23,333 42,238 0 42,238 18,905 81% PASIS Services 10,000 3,500 6,500 10,000 0 0% Miscellaneous 20,667 9,126 0 9,126 (11,541) -56% 4,217,333 3,857,528 6,500 3,864,028 (353,305) -8% Fines and forfeitures: 0 1,333,000 1,333,000 (333) 0% 0 General and vehicles 233,333 135,487 50,000 185,487 (47,846) -21% Use of money and property: 741,574 74,907 0% 1,333 8,623 0 Interest 1,200,000 118 1,200,000 1,200,118 118 0% Property Rental 53,333 55,118 0 55,118 1,785 3% Miscellaneous 2,000 287,745 0 287,745 285,745 14287% (310,667) 1,255,333 342,981 1,200,000 1,542,981 287,648 23% Other financing sources: Admin O/H allocation Sale of property Cost recovery Abandoned Vehicle Grant revenue Gas Tax transfer Bond Administration Other transfers TOTAL REVENUES TOTAL EXPENDITURES NET 1,333,333 0 1,333,000 1,333,000 (333) 0% 0 148 0 148 148 100% 666,667 261,574 480,000 741,574 74,907 0% 1,333 8,623 0 8,623 7,290 547% 66,667 0 66,000 66,000 (667) -1% 266,667 0 260,000 260,000 (6,667) -3% 2,000,000 0 2,000,000 2,000,000 0 0% (310,667) (355,063) (500,000) (855,063) (544,396) 175% 4,024,000 (84,718) 3,639,000 3,554,282 (469,718) -12% 18,963,333 11,012,361 6,481,500 17,493,861 (1,469,472) -8% 18,963,333 15,940,671 1,532,000 17,472,671 1,490,662 8% 0 (4,928,310) 4,949,500 21,190 21,190 0% 3/9/2011 City of Beaumont General Fund Revenue and Expenditures February 28, 2011 City Manager (1100): Salaries and benefits 200,000 0 0 0 200,000 0% Operations and materials 17,333 122,565 0 122,565 (105,232) -607% 217333 122,565 0 122,565 94,768 44% City Clerk (1150): Salaries and benefits 1,333 1,099 0 1,099 234 18% Operations and materials 21,333 26,068 0 26,068 (4,735) -22% 22,667 27,167 0 27,167 (4,500) -20% Admin. Services (1200): Salaries and benefits 905,333 Actual- 50,000 Accrual Variance 6% Operations and materials 8 Months Cash Basis Accruals Balance Favorable Percentage Capital equipment Budget 2/28/2011 2/28/2011 2/28/2011 (Unfavorable) Difference EXPENDITURES 1,176,000 1,135,241 50,000 1,185,241 (9,241) -1% City Council (1050): Salaries and benefits 47,333 40,627 0 40,627 6,706 14% Operations and materials 72,000 5,037 50,000 55,037 16,963 24% Capital equipment 119,333 45,664 50,000 95,664 23,669 20% City Manager (1100): Salaries and benefits 200,000 0 0 0 200,000 0% Operations and materials 17,333 122,565 0 122,565 (105,232) -607% 217333 122,565 0 122,565 94,768 44% City Clerk (1150): Salaries and benefits 1,333 1,099 0 1,099 234 18% Operations and materials 21,333 26,068 0 26,068 (4,735) -22% 22,667 27,167 0 27,167 (4,500) -20% Admin. Services (1200): Salaries and benefits 905,333 798,079 50,000 848,079 57,254 6% Operations and materials 270,667 337,162 0 337,162 (66,495) -25% Capital equipment 0 0 0 0 0 0% 1,176,000 1,135,241 50,000 1,185,241 (9,241) -1% Information Technology (1250): Salaries and benefits 0 5,279 0 5,279 (5,279) -100% Operations and materials 183,333 147,553 25,000 172,553 10,780 6% Capital equipment 0 0 0 0 0 0% 183,333 152,832 25,000 177,832 5,501 3% Legal /Claims Admin (1300): Salaries and benefits Operations and materials Community Dev. (1350): Salaries and benefits Operations and materials General Govt. (1450): Salaries and benefits Operations and materials Capital equipment 133,333 124,898 7,000 131,898 1,435 1% 133,333 298,938 (100,000) 198,938 (65,605) -49% 266,667 423,836 (93,000) 330,836 (64,169) -24% 551,333 202,609 10,000 212,609 338,724 61% 182,667 94,280 39,000 133,280 49,387 27% 734,000 296,889 49,000 345,889 388,111 53% 53,333 46,543 2,000 48,543 4,790 9% 166,667 138,952 0 138,952 27,715 17% 0 0 0 0 0 0% 220,000 185,495 2,000 187,495 32,505 15% 3/9/2011 City of Beaumont General Fund Revenue and Expenditures February 28, 2011 CRC (1600): Salaries and benefits 28,667 16,823 1,000 17,823 10,844 38% Operations and materials 79,333 107,208 0 107,208 (27,875) -35% 108,000 124,031 1,000 125,031 (17,031) -16% Animal Control (2000): Salaries and benefits 174,667 97,213 Actual- 102,213 Accrual Variance Operations and materials 28,667 83,314 8 Months Cash Basis Accruals Balance Favorable Percentage 0 Budget 2/28/2011 2/28/2011 2/28/2011 (Unfavorable) Difference Community Services (1550): 17,806 9% Salaries and benefits 338,000 314,657 9,000 323,657 14,343 4% Operations and materials 134,667 75,999 30,000 105,999 28,668 21% Capital equipment 0 0 0 0 0 0% 472,667 390,656 39,000 429,656 43,011 9% CRC (1600): Salaries and benefits 28,667 16,823 1,000 17,823 10,844 38% Operations and materials 79,333 107,208 0 107,208 (27,875) -35% 108,000 124,031 1,000 125,031 (17,031) -16% Animal Control (2000): Salaries and benefits 174,667 97,213 5,000 102,213 72,454 41% Operations and materials 28,667 83,314 0 83,314 (54,647) -191% Capital equipment 0 0 0 0 0 0% 203,333 180,527 5,000 185,527 17,806 9% Police (2050): Salaries and benefits 6,590,667 5,307,556 325,000 5,632,556 958,111 15% Operations and materials 933,333 738,106 166,000 904,106 29,227 3% Capital equipment 0 68,742 0 68,742 (68,742) -100% 7,524,000 6,114,404 491,000 6,605,404 918,596 12% Emergency Services (2080): Salaries and benefits 74,667 83,331 2,000 85,331 (10,664) -14% Operations and materials 40,000 6,757 0 6,757 33,243 83% 0 0% 114,667 90,088 2,000 92,088 22,579 20% Public Support Services (2090): Salaries and benefits 1,180,000 980,368 100,000 1,080,368 99,632 8% Operations and materials 0 14,220 0 14,220 (14,220) -100% Capital Equipment 0 0 0 0 0 0% 1,180,000 994,588 100,000 1,094,588 85,412 7% Fire (2100): Salaries and benefits 88,000 62,688 5,000 67,688 20,312 23% Operations and materials 1,286,667 923,503 300,000 1,223,503 63,164 5% Capital equipment 0 0 0 0 0 0% 1,374,667 986,191 305,000 1,291,191 83,476 6% Building Inspector (2150): Salaries and benefits 640,000 560,241 15,000 575,241 64,759 10% Operations and materials 229,333 48,318 50,000 98,318 131,015 57% Capital equipment 0 0 0 0 0 0% 869,333 608,559 65,000 673,559 195,774 23% 3/9/2011 City of Beaumont General Fund Revenue and Expenditures February 28, 2011 Street Maintenance (3250): Salaries and benefits 205,333 140,342 15,000 155,342 49,991 24% Operations and materials 406,667 789,479 0 789,479 (382,812) -94% 612,000 929,821 15,000 944,821 (332,821) -54% Street Lighting (3350): Salaries and benefits Actual- 66,853 Accrual Variance (12,186) -21% 8 Months Cash Basis Accruals Balance Favorable Percentage Budget 2/28/2011 2/28/2011 2/28/2011 (Unfavorable) Difference Public Works (3100): 88,089 5% -6% Capital expenditure 0 75,808 Salaries and benefits 0 0 0 0 0 0% Operations and materials 132,667 38,760 25,000 63,760 68,907 52% 132,667 38,760 25,000 63,760 68,907 52% Street Maintenance (3250): Salaries and benefits 205,333 140,342 15,000 155,342 49,991 24% Operations and materials 406,667 789,479 0 789,479 (382,812) -94% 612,000 929,821 15,000 944,821 (332,821) -54% Street Lighting (3350): Salaries and benefits 58,667 66,853 4,000 70,853 (12,186) -21% Operations and materials 166,667 281,052 0 281,052 (114,385) -69% 0 225,333 347,905 4,000 351,905 (126,572) -56% Refuse (4500): 88,089 5% -6% Capital expenditure 0 75,808 Operations and materials 1,333,333 1,070,179 300,000 1,370,179 (36,846) -3% Parks (6050): Salaries and benefits 919,333 781,715 40,000 821,715 97,618 11% Operations and materials 751,333 703,797 50,000 753,797 (2,464) 0% Capital equipment 0 7,066 0 7,066 (7,066) -100% 1,670,667 1,492,578 90,000 1,582,578 88,089 5% Graffiti Removal (6060): Salaries and benefits 72,000 69,660 4,000 73,660 (1,660) -2% Operations and materials 5,333 9,231 0 9,231 (3,898) -73% 77,333 78,891 4,000 82,891 (5,558) -7% Senior Center (6100): Salaries and benefits 62,000 57,070 3,000 60,070 1,930 3% Operations and materials 12,667 10,429 0 10,429 2,238 18% Capital equipment 0 0 0 0 0 0% 74,667 67,499 3,000 70,499 4,168 6% Pool (6150): Salaries and benefits 30,000 17,500 0 17,500 12,500 42% Operations and materials 21,333 18,805 0 18,805 2,528 12% Capital equipment 0 0 0 0 0 0% 51,333 36,305 0 36,305 15,028 29% TOTAL EXPENDITURES 18,963,333 15,940,671 1,532,000 17,472,671 1,490,662 8% SUMMARY: Salaries and benefits 12,354,000 9,775,151 597,000 10,372,151 1,981,849 16% Operations and materials 6,609,333 6,089,712 935,000 7,024,712 (415,379) -6% Capital expenditure 0 75,808 0 75,808 (75,808) -100% 18,963,333 15,940,671 1,532,000 17,472,671 1,490,662 8% F Sales Tax Update Fourth Quarter Receipts for Third Quarter Sales aul- -Sep 20 10) SALES TAX BY MAJOR BUSINESS GROUP 84 Lumber Bakers Burgers Banning RV Discount Center Beaumont Ace Home Center Beaumont Gas Mart Bed Bath & Beyond Best Buy Chilis Bar & Grill Food 4 Less Grove 76 Home Depot JWD Angelo Kohls McDonalds Building Restaurants and and Construction Hotels Oak Valley Chevron Palm Springs Petroleum Petco Rancho Ready Mix Products Ross Southland Petroleum Arco Staples Stater Bros Verizon Wireless Walgreens Walmart Super Center ■ 3rd Quarter 2009 ■ 3rd Quarter 2010 100 2009 -10 2010 -11 Food Autos Business and and and Drugs Transportation Industry REVENUE COMPARISON Two Quarters — Fiscal Year To Date *Reimbursed from counry compensation find Published by The HdL Companies in Winter 2011 www.hdlcompanies.com 1888.861.0220 2009 -10 2010 -11 Point -of -Sale $1,354,748 $1,478,847 County Pool 144,241 146,914 State Pool 1,338 1,036 Gross Receipts $1,500,327 $1,626,796 Less Triple Flip* $(375,082) $(406,699) *Reimbursed from counry compensation find Published by The HdL Companies in Winter 2011 www.hdlcompanies.com 1888.861.0220 Statewide Overview California's allocation of local Bradley - Burns revenues for sales occurring July through September were 4.7% higher than the third quarter of 2009 after ac- counting anomalies were factored out. Higher fuel prices and usage, business investment in new equipment and technology, and solid gains in some categories of consumer goods and res- taurants all contributed to the increase. Receipts from food, drugs, and con- struction materials were slightly lower than last year's comparison quarter as was the allocation from autos which spiked during the "cash for clunkers" program of a year ago. The Silicon Valley continues to lead the recovery with gains 2'/2 times higher than for California as a whole. Coastal region sales are generally outperform- ing the inland areas. The Sales Tax Picture at Mid -Year The first two quarters of 2010 -11 pro- duced statewide receipts that are 4.2% higher than the first two quarters of 2009 -10 after accounting aberrations are excluded. However, the year -to- date total is still 17.2% lower than the totals for the first two quarters of pre - recession 2006 -07. Generally, prognostications for the remaining fiscal year are more upbeat than those of a few months ago and the fears of a double -dip recession have diminished. Stocks are at a two year high, preliminary data on fourth quarter business and consumer spend- ing is better than anticipated and the recent tax -cuts and extension of un- employment benefits is hoped to boost the nation's economy by $850 billion. In California, the growth in sales tax will be geographically uneven and tem- pered by high unemployment, mort- gage foreclosures and fallout from the state's budget deficit. Various segments of the sales tax base are projected as follows: Autos /Transportation - Industry sales +� _, ;,,flatP,1 by non-taxable fleet purchases earlier in the year but pent -up demand and easing credit are now producing solid consumer demand and new optimism. Posi- tive gains are expected over the next few quarters but not at pre- recession growth rates. Building /Construction- Unsold inven- tories, new tax exemptions for energy projects and modest public spend- ing translate into flat or minimal tax growth for another year or more. Business /Industry- Leaner and flush with cash, businesses are investing heavily in new technology, software and equipment. Sales tax gains will be agency and industry specific and primarily from suppliers of technol- ogy and companies serving the health, mining, petroleum and food indus- tries. Food /Drugs- some price increases but competition will keep tax revenues from this segment generally flat. Fuel /Service Stations - Speculation on crude oil futures is resulting in price increases that are expected to continue to soar through spring. Consumer Goods- Stock market gains are reviving luxury buyers while "fru- gality fatigue" is setting in for the rest of us. Holiday spending was stronger than expected for apparel, sporting goods, small electronics, and home furnishings. Analysts are skeptical about sustainability but generally proj- ect statewide growth of 3.0% to 3'/2 %. Restaurants /Hotels- Tourism and business travel is on the increase but price competition is expected to keep gains in sales tax revenue relatively modest. SALES PER CAPI'T'A K 000 $3,000 $2, $1,000 _ _. . _. .. $0 Q3 03 Q3 Q3 07 08 09 10 Beaumont County California BEAUMONT Top 15 BUSINESS TYPES 4.3% 12.5% 7.5% Beaumont County HdL State Business Type Q3'10 Change Change Change Discount Dept Stores - CONFIDENTIAL - 4.9% 5.6% Service Stations 133,952 69.0% 7.0% 12.2% Lumber /Building Materials - CONFIDENTIAL - -13.1% -4.7% Restaurants No Alcohol 51,660 6.6% 3.9% 5.3% Family Apparel 45,690 4.3% 12.5% 7.5% Grocery Stores Liquor 41,177 -5.2% -1.6% 1.1% Electronics /Appliance Stores - CONFIDENTIAL - 9.6% 18.7% Trailers /RVs 22,868 4.6% -24.6% 0.1% Restaurants Liquor 20,759 6.4% 5.3% 5.0% Light Industrial /Printers 15,959 -35.9% 59.2% 6.2% Home Furnishings 12,137 -25.3% 5.0% 1.5% Contractors 10,505 -26.0% -6.7% -1.8% Drug Stores 10,443 0.4% -0.3% -1.8% Auto Repair Shops 10,169 6.0% 3.9% 3.4% Specialty Stores 8,894 6.1% -6.0% -2.5% Total All Accounts $733,879 7.9% 3.60/9 2.7% County & State Pool Allocation 70,407 -81% Gross Receipts $804,287 6.3% Agenda Item No. ,� - b - � - A- STAFF REPORT To: Honorable Mayor and City Council From: Economic Development Date: March 15, 2011 Subject: Redevelopment Agency Update Background: The City of Beaumont Redevelopment Agency was formed in 1993, and since that date has spent over $36.5 Million dollars on RDA projects. The City has future RDA projects with estimated costs totaling over $36 million. These future projects are to be funded using tax increment funding from the Beaumont Redevelopment Agency Project Area. Based on the recent State of California Governor's proposal to permanently abolish California's more than 400 local redevelopment agencies; Staff feels it is critical to inform the City Council that these future projects and their estimated completion dates will be negatively affected if Local RDAs are eliminated. Analysis: City Council has currently authorized RDA funds on improvement projects in older portions of Beaumont. The goal is to replace aging sewer laterals (many in rear yards), repair streets, and install sidewalks. The City has started these projects on Elm Avenue (west side of town) and is moving east with each new improvement project. If Local Redevelopment Agencies are eliminated: • Beaumont will have limited funding for future projects. • Can only fund Road projects using Gas tax revenue (- $300,000 per year) • Project's listed for 2011, would be delayed to 2014 at the least • Other Options: Future grants, local assessment districts or when private development occurs in each area The Following Exhibits have been attached for your review: • Exhibit A - List of the completed and current RDA projects • Exhibit B - List of Future Projects, with estimated costs and completion dates WITH RDA • Exhibit C - List of Future Projects with estimated costs and completion dates WITHOUT RDA FL-," Fiscal Impact: Without a new revenue stream: • Many projects may never occur. • Improvements to be provided as private development occurs - AB 1600 prevents new developers from being required to provide improvements outside of their area and on older properties. - Staff believes a realistic timeframe on this may be 20 -30 years out. • An average property (60 feet wide) could expect to be assessed approximately $6,000 - $10,000 if assessment districts are used. • Each property in the older portions of the City would now pay their fair share of the improvements for the project to take place as regular property taxes are limited to necessary services. Respectfully submitted; CITY OF BEAUMONT Oylearsinski Community Development Analyst Exh; b;+ A City of Beaumont Redevelopment Agency Project Summary Project Community Benefit Description Estimated Cost Low and Moderate Income Housing Projects World Changers Housing Rehabilitation, Phase 1 and 2 Provide Affordable Housing to Residents Home Rehabilitation Assistance $200,000 Neighborhood Improvement Program Reimbursemnt to incentivise Property Improvements Homeowner Assistance for Public Im rovements Cooperative Services Senior Housing Project Provide Affordable Housing to Residents Low Income Senior Housing Project Old Town Sewer Repair Project, Phase 1 -4 Remove and replace Sewer laterals Street Repairs and Improvements $2,000,000 Old Town Street Repair Project, Phase 1 -4 Repair the Streets after re lacment of sewers Relocation of Sewers and Septic Tank Abando $200,000 Old Town Street Lighting Project Improves Safety and Welfare of Residents Street Lighting Replacement and Upgrades $3,000,000 Beaumont Avenue Sidewalk Repair Project Repair Sidewalks and No Direct Cost Eighth Street to Oak Valley Parkway $243,000 Sidewalk Repair Project, Phase 1-4 Repair Sidewalks and No Direct Cost Repair of Sidewalks, Curb and Gutters in Old T $1,500,000 Property Owner Assistance Lowes DDA Business Expansion and/or Retension Property Acquisition Assistance Dura Plastic Products OPA Business Ex ansion and/or Retension Property Acquisition Assistance Risco Screw DDA Business Expansion and/or Retension Property Acquisition Assistance Security Trust DDA Business Expansion and/or Retension Property Acquisition Assistance Beaumont Electric DDA Business Expansion and/or Retension Property Acquisition Assistance Rancho Ready Mix DDA Business Ex ansion and/or Retension Property Acquisition Assistance Del Taco DDA Business Ex ansion and/or Retension Property Acquisition Assistance Oak Valley Town Center DDA Business Ex ansion and/or Retension Property Acquisition Assistance Omni Engineering OPA Business Expansion and/or Retension Public Facility Improvement Assistance Food 4 Less OPA Business Ex ansion and/or Retension Public Facility Improvement Assistance Weaver Mortuary OPA Business Expansion and/or Retension Public Facility Improvement Assistance Downtown McDonald's OPA Business Ex ansion and/or Retension Public Facility improvement Assistance Ace Hardware OPA Business Expansi on and/or Retension Public Facility Improvement Assistance A lebee's OPA Business Ex ansion and/or Retension Public Facility Improvement Assistance Chamesky Steel OPA Business Expansion and/or Retension Public Facility Improvement Assistance Fourth Street Land Assemblage Property Acquisition Downtown Specific Plan Land Use Policies for Housing and Commercial Development Project Community Benefit Description Estimated Cost Public Improvements Alley Renovation Project, Phase 1 Alley Paving and Drainage Improvements $95,000 Alley Renovation Project, Phase 2 $120,000 Alley Reno Industrial Infrastructure Development Project Provide for new Industrial Uses in Plan Area Industrial Lead Track $1,100,000 Entry Banners and Caltrans Landscaping Downtown Beautification Beaumont Avenue Rehabilitation Project Street Improvement Project Fifth Street to Oak Valley Parkway Sixth Street Rehabilitation Project, Phase 1 Street Improvement Project 1 -10 to Highland Springs Avenue $558,092 Sixth Street Rehabilitation Project, Phase 2 Street Improvement Project 1 -10 to Highland Springs Avenue $1,300,280 Twelfth Street Rehabilitation Project Street Im rovement Project Elm Avenue to Palm Avenue $300,000 Eleventh Street Rehabilitation Project Street Improvement Project Maple Avenue to Massachusetts Avenue $100,000 Elm Avenue Rehabilitation Project Street Im rovement Project Seventh Street to Myrle Avenue $542,571 Magnolia Avenue Rehabilitation Project Street Improvement Project Sixth Street to Seventh Street Pennsylvania Avenue Rehabilitation Project Street Improvement Project Sixth Street to Oak Valley Parkway $1,100,000 Palm Avenue Rehabilitation Prc'ect Street Im rovement Project Sixth Street to Oak Valley Parkway $5,800,000 Brookside Avenue Rehabilitation Project Street Improvement Project Oak View Drive to Beaumont Avenue Magnolia Avenue Parking Lot Provide Parking for downtown business with lack of pai Magnolia Avenue and Eighth Street $91,267 Fourth Street Rehabilitation Project Street Im rovement Project Viele Avenue to California Avenue $600,000 First Street and Beaumont Avenue Traffic Signal Build Traffic Signal Traffic Signal and Interconnect $250,000 Sixth Street and Beaumont Avenue Traffic Signal Build Traffic Signal Traffic Signal and Interconnect $380,000 Sixth Street and Palm Avenue Traffic Signal Build Traffic Signal Traffic Signal and Interconnect $250,000 Oak Valley Parkway and Beaumont Avenue Traffic Signal Build Traffic Signal Traffic Signal $250,000 Pennsylvania Avenue Storm Drain Alleviate Local Drainage Issues that Constrain Develo Sixth Street and Illinois Avenue $804,000 Elm Avenue Storm Drain Project Alleviate Local Drainage Issues that Constrain Develo North of Twelfth Street $125,000 Oak Valley Parkway Storm Drain Alleviate Local Drainage Issues that Constrain Develo Beaumont Avenue to Marshall Creek $353,000 Industrial Park Sewer Provide for new Industrial Uses in Plan Area Lift Station and Force Main Sewer for Beaumon $500,000 Project Community Benefit Description Estimated Cost Community Facility Improvements Palm Avenue Multipurpose Trail Provide Altem.t ive Modes of Transportation Sixth Street to Oak Valley Parkway $5,800,000 Beaumont High School Multipurpose Trail I Provide Alternative Modes of Transportation Beaumont Avenue to Cherry Avenue $55,000 Civic and Community Center Class II Bike Lane and Bus Shelter Orange Avenue between Sixth Street and Eighth Street Civic and Community Center Parking Lot Improve Public Parking Lot Orange Avenue and Sixth Street $96,000 Civic and Community Center Renovations Senior Center, G m and Community Services I $500,000 Summit School Purchase and Civic and Community Center E Expand to Meet the Communitys Needs Property Acquisition and Rehabilitation $3,000,000 Beaumont Library Elevator Meet the Community's Needs, Provides for ADA Coml Property Rehabilitation and Upgrade $112,445 Beaumont -CV Recreation and Parks District Upgrades Ex and to Meet the Community's Needs Property Rehabilitation and Upgrade Beaumont Sports Park Provide for the need of Community Facilities Property Acquisition and Development $1,890,000 Beaumont Sports Park Restroom, Snack Bar and Play Equip Provide for the need of Community Facilities Property Improvement $244,600 Beaumont Sports Park Lighting Provide for the need of Community Facilities Property Improvement Beaumont Sports Park Paving Property Improvement $1,257,000 Stewart Park Plunge Rehabilitation Provide/ Expand to Meet the Community's Needs Property Rehabilitation and Upgrade $560,000 Stewart Park Restroom Renovated to Meet Community's needs Property Rehabilitation and Upgrade $500,000 Stewart Park Athletic Field Renovations Renovated to Meet Community's needs Property Rehabilitation and Upgrade Stewart Park Band Shell Property Rehabilitation and Upgrade $100,000 Stewart Park Liqhting Provide for the need of Community Facilities Property Rehabilitation and Upgrade $163,000 Stewart Park Skate Park Provide for the Need of Community Facilities Property Rehabilitation and Upgrade $300,000 Woman's Club Upgrades Needed im rovemnts for community educational facili Property Rehabilitation and Upgrade $118,773 VFW Handicapped Access Rams Needed im rovemnts for community Veterans facility Property Rehabilitation and Upgrade Ran le Park Renovation Provide for the need of Community Facilities Property Rehabilitation and Upgrade $65,000 Ran le Park Field Lighting Provide for the need of Community Facilities PropertV Rehabilitation and Upgrade $120,000 $36,644,028 i b s� 9 i ✓ � � , x {,g jo 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Z N 2 N Z T O i m m m � D r- m 2 N z D w z Gl D f1 Gl D Z C G) m z Q O = D m C Z D z V� O m m m S V N Z < m D D D D 7o m ; m m m m < D < < O z r D D 0 OD O j� O m m m C z = > m 2 < D m r C C7 T. m O r D > r- < m I D D O � � Z � _ z 2 2 Z D D z n D D y D � D m 0 z cn m 7z D r D > r D ( O D m O < r r D D m = D m fm1 m i D m O D O m N r z I m � 7D C F 0 m rD- Z O p n FO D O � D O I i Z Z 6.1 z D m < V) m rn i = I � I � II III I I 2 I I O O O O W W W W W W W W W co W co co W co A W W N FA o, 0o O N A I � i X V 00 00 00 A V V 00 00 00 00 00 V 00 W T V A O W N Ln N In LD A 00 F" A O o1 O O LO LO w A (3) V LD w 00 A N O m m N O 00 0 � w F- W O A rn O A w F" N F" U•n O - I rF I � � Z O Z O Z O Z z m cn Z O { m { m v m rn m I W W Z O O o W -< m m Z m LA o o o Z N o V) z m i o o o CL m= o -< -< m O -G W c Q c a c 6 Q 0 c N O 0) Q c � m p m Ili p m O m N m Z s s p = Z O N O N 7 N N 7 _ o _ o o o O S O C) w F w m T r�•r .N-r _ <• CL O z Q s m i Agenda Item No. Q ' b ' Z " C, STAFF REPORT To: Mayor and Council Members From: City Manager Date : March 15, 2011 Subject: Rule 20A Construction Notice from Edison- Beaumont Avenue Underground Utility Project Background and analysis: Southern California Edison and Verizon Communications; at the request of the City of Beaumont, and as directed by the City Council established an Underground Utility District along Beaumont Ave. between 5th and 8`h streets. Beginning on March 21, 2011 and going to approximately June 29, 2011, overhead utilities will be placed underground. The project will primarily be on the west side of Beaumont Ave; in the far right southbound lane, between 6`" Street and 5r" Street and ending on 5r" Street approximately 200 feet east and west of Beaumont Ave. The project will have one phase work during the nighttime hours and the remaining work will be during the daytime hours. The nighttime work for the underground trenching construction will be from March 21, 2011 to April 15, 2011 during the hours of 7 P.M. to 5 A.M. Sunday — Friday to minimize the impact to the flow of traffic on Beaumont Ave. and local business operations. The construction area will be restored at the end of each work night with temporary concrete and asphalt to allow for normal traffic use during daily business hours. In some cases, the use of Cal Trans approved non skid steel plates may also be used temporarily. Steel plates will not be left over weekends or holidays. The daytime construction will be from April 18, 2011 and continue through approximately June 29, 2011 during the hours of 8 A.M. to 4 P.M. Monday through Friday. Utility Crews will be placing new underground cables and structures and removing the overhead utility lines and utility poles, and contractor crews will be completing the final street asphalt and sidewalk concrete restoration. ty L/ 611t� SHEET 1 OF 1 SHEET CIFF OF BLAllaIONF IINlILRCRO[NO IIFLIFIFF OISFRICF YO 2 xR'Y ,#jsTRICT .80[1 I.s7RY : ■ IMI = 13. MY . cRBS 21b, 3.1 STAFF REPORT TO: Alan Kapanicas FROM: Building and Safety Department DATE: March 10, 2011 SUBJECT: Dark Sky Outdoor Lighting Update BACKGROUND /ANALYSIS: In 2005, Chapter 8.50 was added to the Beaumont Municipal Code to control the detrimental effect of light pollution limiting the enjoyment of the night sky. New residential and commercial construction projects are required to conform to this local code, as well as current Energy and Green Codes adopted by Title 24. Existing non - conforming fixtures have been exempt until structurally altered, reconstructed or replaced. The Building Department screens for compliance prior to issuance of electrical permits to detect changes to fixtures. Current detection of non - permitted alterations of outdoor lighting is complaint - driven and may come from private citizens, other departments, or any other source. RECOMAWNDATION: All private property lighting concerns should be routed to Building and Safety by Request Partner for follow -up. Street lighting concerns should be routed to Community Services to expedite a solution. ,7 s u Kei Hitand o Building afety/ Code Compliance Manager Dark Sky LighfiLu April 2008 Problems may arise regarding our Dark Sky Ordinance. It is important to individualize each complaint while looking at the big picture. Procedure for handling complaints: A. New Areas a. Has it been changed from old? b. Has it been added after owner moved in? i. Permit required B. Old Neighborhoods a. Fixture replacement: like for like is okay. b. Mercury vapor is not okay if complaint is received. Doak 7o enfiana nergfi&rfoodwtisfactfon Notes: 0 It-me March 2011 (Dark Sky) Plan Check / Inspections 1. Plans submitted for new residential or commercial construction shall also include details regarding their outdoor fixtures they intend to use. 2. Plans submitted at Building & Safety counter. 3. Routed for plan review. 4. Plans reviewed for compliance to Energy Code, Green Code and Local Outdoor Lighting standards as outlined in BMC 8.50. 5. Approved lighting fixtures are part of approved plans. 6. Field inspector compares approved plans with field conditions. 7. When approved fixtures are satisfactorily installed, inspector will sign off. � 111 i Compliance March 2011 (Dark Sky) Far & d& ti g �,w'o nslUuafl ala 1. Field inspector / code officer visits site to observe conditions, existing non - conforming fixtures are exempt until altered, reconstructed or replaced. 2. Inspector verbally educates home or property owner of the local outdoor lighting dark sky standard and try to gain voluntary compliance; a compliance order is written to remind of conversation with an agreed compliance date. 3. Inspector revisits the site to observe compliance. If non compliant, citation(s) issued. a.b. -3.0 Staff Report TO: Mayor and City Council Members FROM: Robert Sherwood, Community Services Department SUBJECT: Street Light Repair DATE: March 15, 2011 ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Attached to this staff report are the procedures to have a street light repaired. Also included are the proper steps to use The Request partner reporting system. I have included our safety steps and what we do if can't fix the light. Request partners is checked at lam and every 2 hrs after that until 5pm M -F. If problems come up on weekends Beaumont Cares will kick in and Community Services will be notified. Robert Sherwood Director of Community Services Street Light Repair Action Report Problem: (the public /employee) 1. City of Beaumont web page. 2. Request partner link. 3. List all problems regarding street light and location. Street Light Repair: 1. Inspect boom truck for cracks, leaks, or damage. 2. Front person at CRC desk will print out Request Partner 3. Give request to street light dept. 4. Street light dept. then finds correct light pole by direction of request partner. 5. Turn truck flashers and park on flat level ground. 6. Make sure orange vest and hard hat are on. 7. Block front wheels and set out cones (signs may be required also). 8. Evaluate if any overhead wires are within work area or if any other obstruction are present. 9. Take precautions to make sure boom will not be in driving area of opposing traffic. 10. Verify meter has power (240V — normally) 11. Verify each breaker has power (time, date, am /pm). 12. Turn time clock to "on" position. 13. Verify proper voltage is present at light pull box. 14. If proper voltage is present, rise up and install shorting cap. If light burns, replace photocell. If light does not burn, replace lamp. If light still does not burn, test for 240V at fixture. If 240V is present, power down system (turn off power and lock out) and replace ballast kit. 15. While raising lift, be aware of obstructions (i.e., lights, wires, fixture arm, etc.) Note: verify proper lamp type and wattage prior to installation (i.e., HPS, metal halide or other). 16. Community Service Department cannot fix light, request partner is turned over to Public Works contractor. Street Light Install: (traffic collision) 1. Take steps 1 -9 as street light repair. 2. Disconnect power from pole. 3. Make sure the sight area is safe. 4. Turnover to public works contractor. Procedures for Entering Public Service Requests into Request Partner Go to the City of Beaumont website: www.ci.beaumont.ca.us. � W I7try Frmrw Ioak IsU .. PpulM '.:405uppnledaW• (! Fne H*,d V,fEMOreaa191Y• taxumt,G- dI1tl�V /�b,l'e i� ep [9• S�htY• T4err• �• '� aYrXt Embw kunatlyruxlr9 xtll enialX bWrd.6dlwe to nwrpe, d,arY, ar rwrvw Yav aaras. X GIs T How do 1...? Municipal Code Pass Area Community Calendar Plan Check Status Press Releases The Redland's Bicycle Classic is returning to Beaumont on Friday, April 1st! "•' _ CLICK HERE for more information regarding race route, Notify Me road closures, spectator shuttles and the vendor street fail amaa updalss Contact Us Y Mon, Mar. 14 . Tue, Mar. 15 Route 11 servicing Banning Midway licks OR Tue, Mar.15 Cm Oorrrdl Meeting s View AN FAQs . When are building permits required? . How tell can I build my fence or was at my home? a view . Do I need a permit for a yard sale? . How long can I park my car on the street? • view . How are my property taxes calculated? . Whal is are property tax stimulus Program? . How much does a police report cost? . Hex do I get my towed vehicle released? On the left hand side towards the bottom of the page click on "Public Service Request ". From the top of that page choose "Make a Request ". B. E* 1�- Fir-- Ions I* Fwvxn _,4 ©9ypw[eamr•�rre. wnn.r �` Get More Mdps• :�GwVXbr:: WgeMWnr iL08 {�, t •. 91U C4- irrall'• Tgi[• �• elcome to the RequestPartner system for the City of Beaumont At eaumont we want to serve the Public by being online all the time and have made this system available to allow you to submit requests for service, questions and other forms of communication as well as check the status of a request or review Frequently Asked Questions about City Services. Please use the links above to Submit a Request, view the Frequently Asked Questions, or Login with your existing account If you do not already have an account and wish to create one, please select Login and follow the link to get started! X02008 RequestPaitner Help Irgeo_pack Choose a topic from the left hand side that pertains to your request. (Example City Facilities Parks &r Landscaping). This will make sure the request will be assigned to the accurate department. U Na, F Ind,... t* ,, ferneta :y ©SUppeited 59a• g, FMe Mxmd Y, GetMaslWaoa- y¢as.e.r::a.o.umaaro _.. (j •FP - ea.- s+dr• Tpok• rP• � v+.:r ew=.ae a.:aa,� na+ywm.ea<aeabw. aa:baro m.nm, dmbie, a MaN. rw adage. x Topic Areas Welcome! Please select a Topic Area to continue. Air Quality & Odor Animal Control Building and Housing City Facilities, Parks & Landscaping City of Beaumont Government Requests City Staff Issues Code Enforcement Community Services Neighborhood Improvement Parking Public Safety and Disaster Preparedness Storm Water Storm Water Compliance Survevs When you choose a topic, a list of forms will appear that will fall under that topic. (Example - Landscaping and or Irrigation) FiYnlRK:,1 ©Sa00apadma• L�.�NOpaal C rE Mae Mbaa- q�tl1flbR:lllaCnaNa:dialDOB ii tJ `. '�' eaYa• SdeY• Tflde• �• �'Ldarct ExpbaYwrertlynanYq WMaddws6ablad. Ud :hasWmarca, d.aua, arenaeynv addaa. -._. ____— ___.--- _.-- .-- ___- - -____ X Topic Areas City Facilities, Parks & Landscaping Hardscape Top! cs - City Facilities, Parks & Landscaping Irrigation j Request Forms - • Landscape Cty Facilities INTERNAL USE ONLY Lights General Park Request Other Request Information about City Parks. Park Facilities Landscaping La a and or Irri g tion Report Landscaping and i or Irrigation Issues at a City Park or on City Property Park Parties OOW Tree or Shrub. Maintenance Request Slopes To submit a request for tree or shrub trimming that is on public property. Is your form not listed? Co-r-tact_Us and we'll reply via email. (_,;2008 RequestPaitner IFeecbeck Fill out the form with your contact information and the information regarding your request. When you have finished filling out the form, click on "Submit Request" Prefix: 'First Name: `Last Name: rF derd Email: [jA -Telephone: 'Address: (1_234 Main St `City [Be-- 'State: •ZIP: [9222-3 Nearest Address to Park or City Property You are Reporting Number: -Street Name: �q�-Roaj Description of Landscaping and / or Irrigation Issue Please provide park or City property name (if known). City ?ark on the =rne= of Park Xve and Pennv Nearest Address to Park or City Property You are Reporting Number: -Street Name: iAbbey —Road- Description of Landscaping and / or Irrigation Issue Please provide park or City property name (if known). City park on the corner of Park Ave and Penny iLane. i Please describe the issue. [Broken sprinkler is shooting water in the air. lSmall area on north side of park has weeds ISubmit Request 4, X 4, • f M • e.F.• 50-y• g*• Ow Y. k X jP E.Re• ld&y• To*- X You will be given a chance to review and edit your request if you wish to. — 9e fdt V- F'X t Lc,iii b* F.WrRM : .Osuppnted 5ps• n. HbW 0setnweAdd.a.- a�ma:,,�.r.t�ra.w�... Landscaping and or Irrigation Topics e City FaciliDes Parks & Landscap:ra • andscaprg and or .rniaa!_n . Confirmation Report Landscagng and / or Irrigation Issues at a City Park or on City Property Please review the information that you provided before completing your request. Citizen Information John Resident 1234 Main St Beaumont, CA 92223 951 -555 -5555 JR& bmt.net Preferred Response Method: E -Mad Request Address 1111 Abbey Road Questions and Responses Please provide park or City property name (if known). City park on the comer of Park Ave and Penny Lane. Please describe the issue. Broken sprinkler is shooting water in the air. Small area on north side of park has weeds. E6tR 0assr.e a ;tax - When you are ready to submit your request, click on "Complete Request" You will be given a request number that can be used to refer to your request. D. ..IR_ Nn" FM�.. look LME. _. FhatK ,y Q= SYF�bd Str- �,Fer NNnA E,fatMVl Mdm• '�}htmdlmmF.YO•bYr WMO...'; - t j t4• W*- rgk. a- 'ri't:rwrr Explore k curertlFn.+exvn �ddus tr.nke. ratrem mswm.4reiF. r ramw.w.aaas. Request #27008 : Landscaping and or Irrigation Status Active City park one the comer of Park Ave and Penny lane. Received Plea.,:_ fe, ., tribe ih, i= . 3/11/2011 at 9:25 AM Broken spmlder n shooting water in the air. Small area on north side of park has weeds. Request Address Public Activities 1111 Abbey Road Request was successfully submitted. Citizen Information by 3/11/2011 at 9:25 MI Sohn Resident 1234 Main St Beaumont, CA 92223 951 -555 -5555 }Rw bmt.net Preferred Response Method: US Mail .22008 RequestPartner Fjel 1 1 t If you would like to follow the status of your request, you will need to log into your account. If you don't have an account, you can start one by doing the following: Click on "Log On" Enter your information and click "Create Account" . ......... -- --------- 1511 E& &W lvM I.* U* F- Account Creation `Usernarne 'Password Password Again `Password'------- I Q,estlon I - Password E7�� Answer Prefix k:NJ 'First Name "Last Name `Email.---- 'Phone Number (xxx-xxx-xxxx) Fax (xxX-xxx- xxxx) 'Address i Address 2 •city •state ,ZIP Code, language Preference' Preferred Communicatio, Create Account You can now login and check the status of your request. Choose and click on "Requests" TOM Be NR 1ha' FNwfs Iodr tbC FevMee ':w ©4m• LFI�WNw �, Get Mvellddm. 41ep ::mml.ov�bybrs� .. - t„ _ W - pee.- = 'rats- *udr- 6• Enter your request number where it says "Request ID" then click on "Submit Search" _ —__v� a It X E_.� p . _ON,. rat Wee ..fAwws Ions lW — . _ .... Fevaitx .y OSyppxled AS•LF«e HObnd Lr. Get fl«e 11dd -qs• �M1CPUIPtxIA�... tj tyi of eee- Sd ty- Tges- �. 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De 0s rir. ___poarM leas tle0 Fevatee '..� ©A:pprted 90a• �FnMRObaI ifrt Mae °°em• lutF:naM.mw.«a.mF.ors.veapc.... f3 L w- eye. yrwy. Ip- '� °va:et Exolaa b arraayner°awhtldaa arw.d. aanrato nave dn01e a n:mw YaF eddas. .—. —_ —_ X Filter Requests Requests successfully retrieved: 1 snt5° Request Search Request ID Print Requests - Print Letters - Make a Request - Make_ an Anonvmous Request 27008 �' Records Per Page 20 - .� Request ID Form Ni Fn la! Cont Rec Core Pr Assi Forr St Request Address Status Landsca.. lo... R — 123... Ma.. Mat'.. N.. CO.. Co.. C. 1111 Abbey Road Priority 14 '4 - - ==- ... -s =_. -;_� ► ;►1_ Page 1 of 1 (1 Items) Req. Form Name XML Department Export Excel Export Assigned To Ail - -- I Req.Form Coordinator dal--- - - - - -- Type of Problem 11 X al i— 1 - - -- De Gs Nra FraRa 1Pee ftW .. — _.. . PMVeb ♦ ©990rWaL Sea � L Foe Ntlael Y fal Mere Means eyr... rsdr.. aw.,.teawaa a.tadrae.i:e wch smaa hebbtl. oahr.m:atwe, arwe, a taw. yar sE°ars. x Request #27008 : Landscaping and or Irrigation Retum Please provide pa: k or Clty piaperty natxte , if Status Completed City park on the corner of Park Ave and Penny Lane. Priority Normal Please describe the issue. Broken sprinkler is shooting water In the air. Small area on north Received side of park has weeds. 3/11/2011 at 9:25 AM Source of Request Staff Activities Am N- s :; Anon Online by Anonymous Grounds department pulled the weeds and fixed the sprinkler on Assigned To: 3/11/11. Community Services by Yvonne Blake on 3/1112011 at 9:44 AM Associated To: The status of the request was changed from Active to Completed. Anonymous --- are by Yvonne Blake on 3111/2011 at 9:44 AM Est. Completion 3/16/2011 Public Activities add 1d? •; Actual Completion 3/11/2011 Request was successfully submitted. Print by Citizjgn on 3/11/2011 at 9:25 AM Request Address Attachments -'�d 1111 Abbey Road You should now be able to see the status of your request. Staff Report TO: Mayor and City Council Members FROM: Robert Sherwood, Community Services Department SUBJECT: Park Procedures DATE: March 15, 2011 ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** The Park Procedures are attached to this staff report. All usages and rentals are handled at the CRC. There is a set fee for outside field usage and lights, there is no charge for open park usage. We have 4 parks with restrooms. They are open M -F lam — 3pm, all restrooms are serviced daily. Stewart park is open 24/7 Sat & Sun. Beaumont sports park is open on weekends if leagues are playing games, there are porta potties onsite for use also and they are serviced twice weekly. Rangel Park has 2 porta potties onsite and are serviced twice weekly. DeForge and Oak Valley park restrooms can be used on weekends with a key deposit paid to the CRC. /R, oobbert Sherwood Director of Community Servi es n ^ Park Rentals — Out Door Usage Permits: 1. When customer calls or comes, first check if date is available. 2. Customer must fill out outdoor usage permit for facility use. Return to Albert A. Chatigny Sr. Community Center. 3. Customer must pay a $40.00 deposit for Stewart Park Pavilion and Restroom keys. 4. If using ball fields, cost varies by hourly usage 5. All usage permits must be signed by Community Service Department Manager or Community Services Director. Restroom Key. Stewart Park, DeForge Park, Oak Valley Park 1. Follow steps 1 thru 5 2. When key is brought back a refund of $40.00 will be mailed by check within 10 business days. Ball Field Lights: Stewart Park, Sports Park: Rangel Park 1. Follow steps 1 thru 5 2. Cost for lights is per hour and paid to us weekly. 3. City leagues are cost free: AYSO, BYBB, JAAF City Parks With Restroom: ( Rental Parks) Beaumont Sports Park: 7am -3pm & when leagues are in site, Restrooms, Porta Potties, Snack Bar, Play Equipment, Basketball Court Stewart Park: Mon -Fri: 7am -3pm Restrooms, Pavilion, Snack Bar, Ball Field, Play Equipment, And Basketball Court. On weekends restrooms are always open. DeForge Park: Mon -Fri: 7am -3pm, Restrooms, Soccer Field, Ball Field, Play Equipment, and Basketball Court. Must check key out on weekends. Rangel Park: Porta Potties, Ball Field, Play Equipment, % Basketball Court Oak Valley Park: Mon -Fri: 7am -3pm, Restrooms, Disc Golf Course, Play Equipment, And Basketball Court. Must check key out on weekends. *Restrooms are serviced Monday thru Saturday. City Community Parks Without Restrooms: ( First Come First Serve) Three Rings Ranch: Ball field, Play Equipment and Basketball Court Shadow Creek Park: Play Equipment Sunny Hills Park: Play Equipment Palmer Park: Play Equipment, % Basketball Court Trivino Park: Play Equipment, Basketball Court and Ball Field Wildflower Park: Play Equipment, Basketball Court Mt. View Park: Play Equipment, Basketball Court Stetson Park: Play Equipment, Soccer Field * *City sport leagues are subject to pull usage permits for all parks. * *Porta Potty Rentals: Approximant cost for a weekend event: $ $70.00 regular, $95.00 handicap. Local Vendor: list available at Community Rec Center on Oak Valley Parkway. ** Porta Potties must be picked up 24 hours after event. City of Beaumont's goys in Injue !O e rvVilly you! Friday, March 18th 5 pan. to S p.m. Come enjoy an evening of great food and drinks at our local Applebee's while your favorite officers from Beaumont Police and Beaumont Fire volunteer to be celebrity waiters! At the same time you are dining you will be helping support the Muscular Dystrophy Association! AfflbW to Are ant MW ex wag* to .1 ffim. Applebee's lam 1585 E. 6th Street Beaumont Ca, 92223 Helping Jerry's Kids Neighborhood GYM & Bar For more information please call 951 -769 -8520 or visit www.ci.beaumont.ca.us Please tear off and place in envelope with your donation! I w sh to make a donation to the .1 mcutar DyBtrophy.fls #ociation If you are paying by check, please make checks payable to: `7be .Beaumont Charitable Foundation" All donations to your celebrity waiter and MDA are in addition to your server's tip, please remember to tip your server! AL H 44k I *00*00*00 4P 4P 0:1�10 =010 It ��ti •- V V T 4 Beaun'lo-tit 4. S( a M" 0 r t INIJ. "All April 9th, 2011 from 4 p.m. to 9 p.m. Albert Chatigny Sr. Community Recreation Center located at 1310 Oak Valley Parkway hf-�' iSl 441 fri e ti AV IL Z An eveningf, Jazz & Blues Bands and a performance by the City's own band "Jam with the Man" Enjoy Cajun style food from our vendor area featuring Beaumont Fire Departments Famous Gumbo! Visit with local merchants and business owners 4 ` 6 Ej Play Games! {� , * _��° CENTRAL RIVERSIDE COUNTY LAW ENFORCEMENT TORCH RUN , 1 plop /cam APRIL 9, 2011 Southern California benefiting Special Olympics Southern California Please indicate leg(s) you will be running Saturday, April 9 • C. 0-- 8:00 Kick -Off Ceremony at Morongo Band of Mission Indians Administration Building 8:30 N/B Pumarra to W/B Sullivan to N/B Mathews to W/B Morongo Rd to Potrero Rd. — 2 Miles 8:50 W/B Morongo Rd. to S/B Hathaway St. to Ramsey St. — 2.6 Miles 9:10 W/B Ramsey St. to Highland Springs Road — 5.1 Miles 10:10 W/B 6t' St. to S/B Beaumont Ave. to California — 3 Miles 10:50 S/B SR -79 (Lamb Canyon) to Gilman Springs Rd. — 5.3 Miles 11:50 S/B Sanderson Ave. to Ramona Blvd. — 1.6 Miles 12:10 E/B Ramona Blvd. to San Jacinto St. to Main St. Ceremony at San 3acinto City Offices — 3.7 Miles 12:30 S/B San Jacinto St. to W/B Menlo — 2 Miles 1:00 W/B Menlo to S/B Buena Vista to Florida — 2.5 Miles 1:30 W/B Florida Ave. to S/B Sanderson St. to E/B Domenigoni Pkwy. — 4.3 Miles 2:00 E/B Domenigoni Pkwy. To S/B Searl Pkwy to Valley Wide Aquatic Center, Diamond Valley Lake — 1.8 Miles 2:30 BBQ, D3 & Closing at Valley Wide Aquatic Center, Diamond Valley Lake. Families and Guests welcome to attend! BBQ tickets available $5.00 each. AGENCY: Contact Number: E -mail Address: WAIVER: ALL RUNNERS MUST READ THE FOLLOWING: I hereby release and hold harmless the sponsor, its officers and employees, and Special Olympics, Inc., its officers and employees and all affiliated organizers of this event from any claim for damages of any nature whatsoever, whether or not apparent, resulting from, or arising out of, any claimed injury to myself resulting in any claim for damages that I, my administrators, my heirs or other representatives may have. I HAVE READ THE ABOVE RELEASE AND HOLD HARMLESS AGREEMENT, AND FULLY UNDERSTAND IT. Signature: $25 donation enclosed (includes BBQ & T -shirt) T -SHIRT SIZE: M L XL XXL (Available in men's sizes only.) Make checks payable to: Special Olympics Southern California For more information Contact: Abbey Leffler PO Box 359 Sun City, CA 92584 — 0359 (951) 236 -7050 aleffler @sosc.or4 � s D e• 7' "fhraugh i *a O. �o 0 0 Benefiting the Alf! "1 16 1 1 fun= 11 - ' 17'r PAN oa t at 550 E. 6th St eaumont CA mc�� Pre - Register by 5/13/2011 Registration begins 6:30 a.m. day of rac A2ftwoo T- shirts provided to all runners Top 3 finishers men's and women's overall 5k and 10k SM970/p"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 We (new for 2011):$60 for a group of 4 (pre- regisbudon ONLY) Each additional adult. $15 - savings of $5 Each additional child. $10 - savings of $5 • Wa.. y •s • For more information or to register contact us at: 14 (951) 769 -8520 or breezinthroughbeaumont @ci.beaumont.ca.us 0 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, March 1, 2011 REGULAR SESSION began at 6:05 p.m. Place: Beaumont Civic Center, RM 5 Roll Call: Mayor De Forge, Mayor Pro Tem Berg, Council Member Castaldo, Council Member Fox, and Council Member Gall were present. Invocation: Mark Stamper - New Creation Church Pledge of Allegiance: Girls Scouts Presentation: Presentation Mickey Valdivia - BCVR &P Dist. Adjustments to Agenda: None Oral and Written: Blair Ball - Medical Marijuana - In favor of Ordinance to ban Judy Bingham - Questioning City business. Emanuel Salinas - Restrooms in parks; Potential for Portables 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 - Diabetes Walk, Murder Mystery Dinner b) Mayor Pro Tom Berg - Council needs to make sure that if they speak at other agency meetings, not representing the City, they should state that they are representing themselves to eliminate confusion. c) Council Member Castaldo - Nothing to report d) Council Member Fox — Nothing to report e) Council Member Gall — No FPPC Violation 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) 1t 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 3`d Annual Breezin' Through Beaumont 5K/1 OK 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 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 "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. Item 3.h has been moved to item 4.e of this agenda as requested by Council Member Castaldo. Item 3.i has been moved to item 4.f of this agenda at the request of Council Member Berg. Motion by Council Member Berg, Seconded by Council Member Fox to Approve Consent Items 3.A -G and I as presented. Vote; 5/0 On a roll call vote of 4/1, item 3.j and 3.k were approved. Council Member Gall voted no. 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 1 st reading of Ordinance No. 972, Approve the Project Progress Report, and Authorize the Mayor to execute the Project Progress Report. Staff report was given by Kyle Warsinski, Staff Planner Open Public Hearing 7:05 p.m. Mark Knorringa - Would like to see this continued until June 2011 Closed Public Hearing 7:29 p.m. Motion by Council Member Berg , Seconded by Council Member Castaldo to approve the 1st reading with the conditions that the City council receive a quarterly report on the status of recourses. Vote: 4/1 (Mayor De Forge voted no) 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. Staff report was given by Joe Aklufi, City Attorney. Open Public Hearing 7:48 p.m. No Speakers Closed Public Hearing 7:49 p.m. Motion by Council Member Berg, Seconded by Council Member Fox to approve the first reading of Ordinance No. 987 as presented. Vote: 4/1 Council Member Gall voted no Motion by Council Member Berg, Seconded by Council Member Fox to approve the first reading of Ordinance No. 991 as presented. Vote: 5/0 c. Resolution to Provide Traffic Enforcement in Four Seasons Community Recommendation: Hold a Public Hearing and Adopt Resolution No. 2011 -03 as presented. Staff report was given by Sgt. Dorrough. Open the Public Hearing 8:08 p.m. Speakers: William Guy - In favor of the ordinance Closed Public Hearing 8:10 p.m. Motion by Council Member Berg, Seconded by Council Member Castaldo to adopt Resolution No. 2011 -03 as presented. Vote: 5/0 d. General Plan Amendment No. 11- GPA -01, Zone Change No. 11 -RZ -01 (Ordinance No. 993 & 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, 993 to rezone the property from Residential Single Family (R -SF) to Commercial General (CG). Staff report was given by Kyle Warsinski, Staff Planner Open Public Hearing 8:15 p.m. No Speakers Closed Public Hearing 8:16 p.m. Motion by Council Member Berg, Seconded by Council Member Gall to approve the first reading of Ordinance No. 993 as presented and adopt Resolution No. 2011 -06 as presented. Vote: 5/0 e. 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. Motion by Council Member Castaldo, Seconded by Council Member Berg to adopt Resolution No. 2011 -04 and 2011 -05 as a presented. f. Destruction of Records per Resolution No, 2010 -32 Motion by Council Member Berg, Seconded by Council Member Fox to approve the destruction of records as presented. Vote: 4/1 Gall voted no 5. WORKSHOP a. Budget 1) Decision Packets 2) Contract Review Reopen Public Comments: Ernest Gonzalez - Police Department Problem Adjournment of the City Council Meeting at 10:02 p.m. Manager WARRANT LIST CITY COUNCIL MEETING March 15, 2011 74077 - 74201 Checks $825,997.18 EFT 534 -539 ACH $75,704.57 EFT 278 -285 Credit Card $5,723.88 Voids 74120, Payroll PPE 02/17/11 $ 418,799.57 Mutual of Omaha PPE 02/03/11 $ 36,913.79 PPE 02/17/11 $ 36,968.46 PPE 02/17/11 $ 312.58 Cal PERS PPE 02/17/11 $ 110,821.47 AGENDA ITEM NO. ✓ ° v 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: (-11,t / �C TITLE: 7),^ 4AI t D1 /eGf A- City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 074077 02/25/2011 LEONARD CENICEROS 3,300.00 EMPLOYEE CONTRIBUTIONS 074078 02/25/2011 WALDEN MEDIA PRODUCTIONS 15,000.00 SOUND EQUIPMENT 074079 02/25/2011 AFFANT COMMUNICATION 978.75 SERVICES 074080 02/25/2011 BANNING VETERINARY HOSPITF 260.50 SERVICES 074081 02/25/2011 BARNES DISTRIBUTION 105.65 SUPPLIES 074082 02/25/2011 BEAUMONT- CHERRY VALLEY W, 36,436.35 UTILITIES 074083 02/25/2011 BEAUMONT POLICE OFFICERS F 4,200.00 DUES 074084 02/25/2011 CCUG 75.00 DUES 074085 02/25/2011 CONSOLIDATED ELECTRICAL DI 742.08 SUPPLIES 074086 02/25/2011 GENERAL GOVERNMENT 3,293.00 SERVICES 074087 02/25/2011 GODWIN PUMPS 5,848.00 SUPPLIES 074088 02/25/2011 GREINES, MARTIN, STEIN, & RIC 565.31 SERVICES 074089 02/25/2011 HdL, COREN & CONE 1,575.00 SERVICES 074090 02/25/2011 HI -WAY SAFETY INC 618.44 SUPPLIES 074091 02/25/2011 J -CHIP USA 2,480.00 BREEZIN TIMING SYSTEM 074092 02/25/2011 ANGELO JACKSON 703.92 FINAL CHECK 074093 02/25/2011 JOE A.GONSALVES & SON 3,000.00 SERVICES 074094 02/25/2011 KAD PAVING COMPANY 7,007.50 CONTRACT SERVICES 074095 02/25/2011 KOLA FM 2,760.00 BREAZIN RADIO BROADCAST 074096 02/25/2011 LEXISNEXIS 69.00 CONTRACT SERVICES 074097 02/25/2011 MCNEILL LAW OFFICES 7,173.00 SERVICES 074098 02/25/2011 NAPA AUTO PARTS 848.68 SUPPLIES 074099 02/25/2011 ONLINE STORES, INC 40.48 SUPPLIES 074100 02/25/2011 PAYCHEX HUMAN RESOURCES 111.15 CONTRACT SERVICES 074101 02/25/2011 POLYDYNE, INC. 2,300.00 SUPPLIES 074102 02/25/2011 PRUDENTIAL OVERALL SUPPLY 122.06 UNIFORM SERVICE 074103 02/25/2011 QUILL CORPORATON 463.80 SUPPLIES 074104 02/25/2011 RODRIGO PENA PHOTOGRAPHY 2,625.00 CONTRACT SERVICES 074105 02/25/2011 NATALIE ROSALES 613.72 SETELMENT 074106 02/25/2011 SIMPLOT PARTNERS 47.00 SUPPLIES 074107 02/25/2011 SKS,INC. 475.52 SUPPLIES 074108 02/25/2011 SOUTHERN CALIF.EDISON 1,032.24 UTILITIES 074109 02/25/2011 THE GAS COMPANY 1,803.54 UTILITIES 074110 02/25/2011 THE RECORD GAZETTE 50.05 ADVERTISING 074111 02/25/2011 TYLER WORKS 8,042.00 CONTRACT SERVICE 074112 02/25/2011 UNITED WAY OF THE 81.00 EMPLOYEE CONTRIBUTIONS Printed 03/0812011 9:23:52AM Page 1 of 4 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 074113 02/25/2011 VAGABOND WELDING SUPPLY 50.88 SERVICES 074114 02/25/2011 VERIZON CALIFORNIA 379.51 PHONE 074115 02/25/2011 WAL -MART COMMUNITY 582.71 CREDIT CARD 074116 02/25/2011 WILDERMUTH ENVIRONMENTAL 17,934.04 SERVICES 074117 02/25/2011 SEIU 1,224.75 DUES 074118 02/25/2011 TASO TECH, INC 18,215.48 SUPPLIES 074119 02/28/2011 CHELSEA WILSON 503.69 ERROR IN PAYROLL 074121 03/02/2011 ANTHONY NEGRETE 7,073.80 FINAL CHECK 074122 03/04/2011 AAA HAULAWAY 750.00 SERVICES 074123 03/04/2011 ADVANTAGE LANDSCAPE 900.00 SERVICES 074124 03/04/2011 AFFANT COMMUNICATION 1,585.49 CONTRACT SERVICES 074125 03/04/2011 AKLUFI AND WYSOCKI 22,085.00 ATTORNEY SERVICES 074126 03/04/2011 ALLIANT INSURANCE ERVICES 970.62 INSURANCE SERVICES 074127 03/04/2011 AMERICAN FORENSIC NURSES 240.00 SERVICES 074128 03/04/2011 ASCO SERVICES INC. 7,623.00 SERVICES 074129 03/04/2011 BANNING CHAMBER OF COMMEI 35.00 ADVERTISING 074130 03/04/2011 BAICGOV SYSTEMS, INC 1,128.00 SUBSCRIPTION 074131 03/04/2011 BEAUMONT INTERACT CLUB 1,270.00 SERVICES 074132 03/04/2011 BIO -TOX LABORTORIES 1,339.00 SERVICES 074133 03/04/2011 BPS TACTICAL INC 290.00 SUPPLIES 074134 03/04/2011 C & A JANITORIAL SERVICES 3,384.00 SERVICES 074135 03/04/2011 CALIMESA CHMABER OF COMM[ 25.00 ADVERTISING 074136 03/04/2011 CALIFORNIA ANIMAL CONTROL 80.00 ANIMAL SERVICES 074137 03/04/2011 CDW GOVERNMENT, INC. 2,605.99 COMPUTER SUPPLIES 074138 03/04/2011 CINTAS CORPORATION #150 1,008.55 UNIFORM SERVICES 074139 03/04/2011 CLARION EQUITIES GROUP 350.00 REFUND 074140 03/04/2011 CM ENGRAVERS 900.00 SERVICES 074141 03/04/2011 COMSERCO 1,669.96 MAINTENANCE 074142 03/04/2011 CREATIVE BUS SALES, INC 8.50 SUPPLIES 074143 03/04/2011 DANIELS TIRE SERVICE 692.34 SERVICE 074144 03/04/2011 DEPARTMENT OF JUSTICE 1,456.00 SERVICES 074145 03/04/2011 DINERS CLUB 10,420.02 CONTRACT SERVICES 074146 03/04/2011 DIRECTV 86.99 CONTRACT SERVICES 074147 03/04/2011 DURA PLASTICS 1,033.93 SUPPLIES 074148 03/04/2011 ECONOMICS & POLITICS, INC 2,083.33 SERVICES 074149 03/04/2011 ELAN FINANCIAL SERVICES 46.23 CREDIT CARD 074150 03/04/2011 EMPLOYMENT DEVELOPMENT C 3,504.00 EDD Printed 03/08/2011 9:23:52AM Page 2 of 4 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 074151 03/04/2011 FEDEX 45.51 SHIPPING 074152 03/04/2011 FIDELITY FIRE INC 717.98 SERVICES 074153 03/04/2011 GALLS, AN ARAMARK COMPANY 49.99 SUPPLIES 074154 03/04/2011 GENERAL GOVERNMENT 6,914.30 CONTRACT SERVICES 074155 03/04/2011 GRAFFITI TRACKER 2,500.00 SERVICES 074156 03/04/2011 GREENWOOD'S UNIFORMS 247.65 UNIFORM SERVICES 074157 03/04/2011 GREINES, MARTIN, STEIN, & RIC 1,108.01 SERVICES 074158 03/04/2011 GUARDIAN LIFE INSURANCE 36,496.76 MEDICAL 074159 03/04/2011 HI -WAY SAFETY INC 53.36 SUPPLIES 074160 03/04/2011 HOME DEPOT /CREDIT SERVICE! 753.60 SUPPLIES 074161 03/04/2011 HUNTINGTON COURT REPORTEI 3,550.82 CONTRACT SERVICES 074162 03/04/2011 INTOXIMETERS 450.00 SUPPLIES 074163 03/04/2011 KAD PAVING COMPANY 32,500.00 SERVICES 074164 03/04/2011 KAISER FOUNDATION 31,129.84 MEDICAL INSURANCE 074165 03/04/2011 LEXIPOL LLC 5,400.00 SERVICES 074166 03/04/2011 LEXISNEXIS 236.00 CONTRACT SERVICES 074167 03/04/2011 LIL' RUSSO'S ITALIAN KITCHEN 1,225.00 FOOD FOR MYSTERY DINNER 074168 03/04/2011 MATICH CORPORATION 667.25 SUPPLIES 074169 03/04/2011 MATTHEW PISTILLI 5,370.00 CONTRACT SERVICES 074170 03/04/2011 MCS 500.00 SUPPLIES 074171 03/04/2011 MARCO MENDOZA 40.00 REFUND DEPOSIT 074172 03104/2011 NAPA AUTO PARTS 178.98 SUPPLIES 074173 03/04/2011 NEXTEL 175.89 PHONE SERVICE 074174 03/04/2011 PAYCHEX HUMAN RESOURCES 420.00 SERVICES 074175 03/04/2011 PROFORMA 1,330.69 SUPPLIES 074176 03/04/2011 PRUDENTIAL OVERALL SUPPLY 122.06 UNIFORM SERVICE 074177 03/04/2011 QUILL CORPORATON 2,049.27 SUPPLIES 074178 03/04/2011 RAMONA HUMANE SOCIRTY INC 7,091.62 SERVICES 074179 03/04/2011 BRITTANY RAMOS 3,000.00 COUNCIL AUTHORIZATION 074180 03/04/2011 RIVERSIDE COUNTY INFORMATI 112.56 SERVICES 074181 03/04/2011 RIV.000NTY SHERIFF'S DEPT. 2,270.79 SERVICES 074182 03/04/2011 RIVERSIDE CO.SHERIFF DEPT 564.64 SERVICES 074183 03/04/2011 RIVERSIDE COUNTY SHERIFF'S 212.01 SERVICES 074184 03/04/2011 RIVERSIDE COUNTY TAX COLLE 350.00 REFUND 074185 03/04/2011 SAFETY -KLEEN 344.33 SUPPLIES 074186 03/04/2011 STAPLES CREDIT PLAN 550.60 CREDIT CARD PAYMENT 074187 03/04/2011 SUN BADGE CO. 73.00 SUPPLIES Printed 03/08/2011 9:23:52AM Page 3 of 4 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 074188 03/04/2011 TASER INTERNATIONAL 259.20 SALES TAX 074189 03/04/2011 TELEPACIFIC COMMUNICATION; 967.22 SERVICES 074190 03/04/2011 THE GAS COMPANY 817.04 UTILITIES 074191 03/04/2011 UNION BANK OF CA., N.A. 15,618.78 BEAUMONT UTILITY AUTHORITY 074192 03/04/2011 UTILITY PARTNERS 2,486.00 SERVIES 074193 03/04/2011 VERIZON CALIFORNIA 926.78 PHONE SERVICE 074194 03/04/2011 VOYAGER 22,841.21 FUEL 074195 03/04/2011 WASTE MANAGEMENT, INC. 361,671.48 CONTRACT SERVICES 074196 03/04/2011 WEST COAST LIGHTS & SIRENS 276.41 SUPPLIES 074197 03/04/2011 YUCAIPA BIKE CENTER 224.00 SUPLIES 074198 03/04/2011 CIVICPLUS 220.50 SERVICES 074199 03/04/2011 FRANCIS COE 248.50 PER DIEM REIMBURSEMENT 074200 03/04/2011 J.F. SHEA CONSTRUCTION INC 38,894.00 SERVICES 074201 03/04/2011 TASO TECH, INC 3,360.00 CONTRACT SERVICES 825,997.18 Printed 03/08/2011 9:23:52AM Page 4 of 4 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: EFT000534 02/23/2011 JAMES NEHMENS 2,500.00 SERVICES EFT000535 02/23/2011 R.MOODY CONSTRUCTION, INC. 62,515.50 SERVICES EFT000536 02/23/2011 STEVE MOORE COMMUNICATIOI 2,425.00 ADVERTISING EFT000537 02/23/2011 BEAUMONT ELECTRIC INC. 4,898.83 SERVICES EFT000538 03/03/2011 BEAUMONT ELECTRIC INC. 1,595.24 SERVICES EFT000539 03/03/2011 R.MOODY CONSTRUCTION, INC. 1,770.00 SERVICES 75,704.57 Printed 03/07/2011 8:46:47AM Page 1 of 1 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: EFT000000000278 03/03/2011 A & A FENCE 1,513.75 SERVICES EFT000000000279 03/03/2011 ACE ALTERNATORS 345.95 SUPPLIES EFT000000000280 03/03/2011 BEAUMONT TIRE 152.00 Vehicle Maintenance EFT000000000281 03/03/2011 BEAUMONT ACE HOME CENTER 283.24 MAINTENANCE SUPPLIES EFT000000000282 03/03/2011 CHERRY VALLEY AUTOMATIVE 1,286.64 VEHICLE MAINTENANCE EFT000000000283 03/03/2011 GORM, INC. 1,377.32 SUPPLIES EFT000000000284 03/03/2011 HIGH TECH IRRIGATION,INC. 181.79 SUPPLIES EFT000000000285 03/03/2011 PITNEY BOWES 583.19 CONTRACT 5,723.88 Printed 03/07/2011 8:46:03AM Page 1 of 1 ORDINANCE NO. 991 AN ORDINANCE AMENDING TITLE 5 OF THE BEAUMONT MUNICIPAL CODE BY ADDING CHAPTER 5.63 REGARDING MEDICAL CANNABIS DISPENSARIES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, AS FOLLOWS: Section 1. Amendment of Code Chapter 5.63, Medical Cannabis Dispensaries, is hereby added to the Beaumont Municipal Code and shall read, as follows: CHAPTER 5.63 MEDICAL CANNABIS DISPENSARIES Sections: Employee Work Permit Required 5.63.010 Ordinance Title 5.63.015 Effective Date 5.63.020 Purpose and Application 5.63.030 Definitions 5.63.040 Medical Cannabis Dispensary Permit Required 5.63.050 Application for Medical Cannabis Dispensary Permit 5.63.060 Investigation 5.63.070 Grounds for Denial of Medical Cannabis Dispensary Permit 5.63.080 Limitation on Number of Medical Cannabis Dispensary Permits 5.63.090 Appeal from Denial of Medical Cannabis Dispensary Permit 5.63.100 Term and Expiration of Medical Cannabis Dispensary Permits 5.63.110 Renewal of Medical Cannabis Dispensary Permit 5.63.120 Suspension and Revocation of Medical Cannabis Dispensary Permits 5.63.130 Procedure for Revocation or Suspension of Medical Cannabis Dispensary Permits 5.63.140 No Application for Medical Cannabis Dispensary Permit Following Revocation 5.63.150 Employee Work Permit Required 5.63.160 Appeal from Denial of Employee Work Permit 5.63.170 Expiration of Employee Work Permits 5.63.180 Renewal of Employee Work Permits 5.63.190 Investigations- Updating 5.63.200 Failure to Obtain New Employee Work Permit 5.63.210 Suspension or Revocation of Employee Work Permit 5.63.220 Audit /Reporting Required 5.63.230 Access to Records and Facilities Page 1 of 20 5.63.240 Violations and Penalties 5.63.250 Sign Required for Complaints 5.63.260 Storage of Cash Overnight 5.63.270 Testing 5.63.280 Acceptable Method of Cannabis Distribution/Prohibition on Wholesale Operations and Deliveries 5.63.290 Dispensary Closures During Authorized Hours 5.63.300 Minors Prohibited 5.63.310 Administrative Guidelines 5.63.320 Business License Tax 5.63.010 Ordinance Title. This Chapter shall be known as the "Medical Cannabis Permit, Audit and Reporting Ordinance." 5.63.015 Effective Date. This Chapter shall not become effective, and shall have no force or effect, until such time as a final decision of the California Court of Appeal or the California Supreme Court determines that a City may not ban medical cannabis dispensaries from all zones within its jurisdiction. In such event, then this Chapter shall immediately become effective without further notice or hearing and shall regulate medical cannabis dispensaries in the City of Beaumont consistent with and in conformance with the provisions of State law. 5.63.020 Purpose and Application. The purpose of this Chapter is to require an annual permit to establish and operate medical cannabis dispensaries within the City; to enforce rules consistent with the Compassionate Use Act and the Medical Marijuana Program Act, which rules will provide for the health, safety and welfare of the public; to require work permits for all employees; to establish standards for the issuance of said permits; to establish rules and regulations under which such permits shall remain in force, be suspended or revoked; and providing penalties for violations thereof. The provisions of this Chapter are in addition to the Business License required to conduct business and the Conditional Use Permit and other land use regulations found in Title 17. 5.63.030 Definitions. For the purposes of this Chapter, certain words and phrases used herein are defined as follows: "Administrative expenses" means and includes, but is not be limited to: 1. The costs associated with any hearings before a Hearing Officer. 2. City's personnel costs, direct and indirect, incurred in enforcing this Chapter and in preparing for, participating in or conducting any hearings subject to this Chapter, including but not limited to attorneys' fees. Page 2 of 20 3. The cost incurred by the City in documenting the violations of this code, including but not limited to, the actual expense and costs of the City responding to the violation(s); investigating and enforcing statutory crimes related to the violation, including, but not limited to, court appearances; conducting inspections; attending hearings; and preparing notices, administrative citations, and orders. "Applicant" means a person who is required to file an application for a permit under this Chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a dispensary. "Employee" means every operator, employee, volunteer, or other person who proposes to work and/or assist in any way in the operation of a dispensary, including security, regardless of whether that person receives compensation. "Medical cannabis dispensary" (also referred to as a "cannabis business" or "dispensary") means any facility or location, whether collective or cooperative, where medical cannabis (also known as medical marijuana) is made available to, distributed by, or distributed to one or more of the following: a qualified patient, a person with an identification card, or a primary caregiver in accordance with California Health and Safety Code Sections 11362.5, et seq. "Permittee" means the person (1) to whom a permit is issued and (2) who is identified in California Health and Safety Code Section 113 62.7, subsections (c), (d), (e) or (f). "Person" person means any individual, partnership, co- partnership, firm, association, collective, cooperative, joint stock company, corporation, limited liability partnership or company, or combination of the above, in whatever form or character. 5.63.040 Medical Cannabis Dispensary Permit Required. It is unlawful for any person, firm or corporation to establish or operate a medical cannabis dispensary without first having obtained a written permit from the City. Prior to issuance the applicant must pay all applicable fees, in the amounts as may be fixed and established from time to time by resolution of the City Council. Page 3 of 20 5.63.050 Application for Medical Cannabis Dispensary Permit. A. An applicant for a Medical Cannabis Dispensary Permit (also referred to herein as an "Operator's Permit ") shall submit an application to the City, said application shall be under oath, and shall include, in addition to information as may be deemed necessary by the City Manager (or designee —all references to the City Manager shall mean and include the designee), the true names and addresses of all owners, officers, and employees. The past criminal record, if any, of the owners, officers, and employees associated with the business shall be shown on such application. Concurrent with the filing of the application, the City shall obtain fingerprints and photographs of the owners, officers, and employees associated with the business, including any available criminal arrest and conviction information. B. The applicant shall pay a nonrefundable application fee in an amount as may be fixed and established from time to time by resolution of the City Council. Thereafter, if an Operator's Permit is granted, the permittee shall pay an annual fee in an amount as may be fixed and established by City Council resolution. C. The applicant must submit a signed statement to the City Manager to the effect that the applicant understands and agrees that any business or activity conducted or operated under any permit issued under such application shall be operated in full conformity with all the laws of the State of California and the laws and regulations of the City applicable thereto, and that any violation of any such laws or regulations in such place of business, or in connection therewith, may render any permit therefore subject to immediate suspension or revocation. D. Any applicant hereunder is seeking the granting of a privilege. Therefore, the burden of proving qualifications to receive an Operator's Permit is at all times on the applicant. An applicant must accept all risks of adverse public notice, publicity, embarrassment, criticism, financial loss, or all other actions and consequences which may result from activities with respect to reviewing, processing, approving or disapproving any application. A waiver of any claims for damages against the City or its agent resulting therefrom shall be presumed upon the filing of an application. E. If the applicant is an individual, the application shall include the residence and business address and personal history record of such applicant, specifically including any criminal arrest and conviction record, and business and employment history for the ten (10) year period immediately preceding the date of the application. F. If the applicant is other than an individual, the application shall include the name, residence and business address, and personal history record of each of the officers, directors, copartners or stockholders, specifically including any criminal arrest and conviction record (a plea of nolo contendre shall be considered a guilty plea for purposes of this Chapter), and business and employment history for the ten (10) year period immediately preceding the date of application. Page 4 of 20 G. Each permit applicant shall be responsible for providing complete and accurate information and for signing the permit application. Applications for employee permits which do not accompany the application for an Operator's Permit shall be completed before the employee is scheduled to begin work. H. The applicant shall submit a complete security plan for the establishment, which shall be subject to the approval of the Chief of Police or his/her designee (all references to the Chief of Police shall mean and include his/her designee). The Chief of Police may impose additional security and safety conditions upon receipt of detailed plans. I. The applicant shall submit written documentation stating that the property owner of the facility is fully aware of the property's intended use. Documentation is to include the name, address, and contact telephone number for the property owner. J. An application for an Operator's Permit shall be deemed complete when the City receives the last submission of information or materials required in compliance with this Chapter, including the information necessary to conduct a background check. Upon notification that an application is incomplete, the applicant shall be granted an extension of ten (10) calendar days from the date of notification to submit all materials required to complete the application. If the application remains incomplete in excess of ten (10) calendar days following notification, the application shall be deemed withdrawn and a new application submittal shall be required. K. The applicant shall provide a statement to the City Manager that the applicant will hold harmless, indemnify, and defend the City against claims and litigation arising from the issuance of the Operator's Permit, including any claims and litigation arising from the establishment, operation, or ownership of the medical cannabis dispensary. 5.63.060 Investigation. A. Upon receipt of a complete application for an Operator's Permit, the Chief of Police shall cause an investigation to be made covering all matters relevant to the proposed activity of the applicant. Such matters may include, but are not limited to, the following: 1. Identity, character and background of the applicant; 2. A detailed interior floor plan of buildings and a detailed site plan depicting parking, traffic movement and aesthetics; 3. Compliance with the City's General Plan, zoning, security and environmental requirements; and 4. Type and degree of security personnel and facilities to be provided. Page 5 of 20 B. In the event a complete application for an Operator's Permit is presented to the Chief of Police, and the fees required have been paid, and the investigations and reports required under the provisions of this Chapter have been duly completed, the Chief of Police shall consider such application. The Chief of Police shall, at minimum, consider whether issuance of the Permit and subsequent operation will be detrimental to the public health, safety and welfare of the citizens of Beaumont. C. Within sixty (60) days of completing the investigation, the application for Operator's Permit shall be approved, conditionally approved, or denied. The Chief of Police may impose such conditions, restrictions or require revisions to the Permit as are necessary to comply with this Chapter and the Administrative Guidelines adopted by the City Manager. Written notice of the decision of the Chief of Police shall be mailed to the applicant by regular U.S. Mail. 5.63.070 Grounds for Denial of Medical Cannabis Dispensary Permit. A. The Chief of Police may deny an Operator's Permit for any of the following reasons, without being limited thereto, or for any other reason consistent with the provisions of this Chapter: 1. Conviction, (a plea of nolo contendre shall be considered a guilty plea for purposes of this Chapter), of any crime of violence, any crime involving narcotics, fraud, gambling, loan sharking, bookmaking, theft, moral turpitude, or any crime involving evasion of taxes, or any other crime of moral turpitude indicating a lack of business integrity or business honesty, whether committed in the State of California or elsewhere, whether denominated as a felony or as a misdemeanor and notwithstanding the passage of time since the conviction; 2. Failure of the proposed activity to be operated in compliance with State or City law or regulation; 3. The applicant, or any principal thereof, having been identified by any law enforcement agency, legislative body or crime commission as a member of, or an associate of, organized criminal elements; 4. Making any false statement in the application or as to any other information presented as part of the application process; 5. Evidence of a current or prior unlawful or nuisance - creating operation as a permittee in this or another jurisdiction; 6. Applicant is presently under indictment or the subject of a criminal complaint for any of the crimes described in subsection (A)(1) of this section; Page 6 of 20 7. Making or causing to be made any statement in an application or document provided to the City in connection with an application, which statement was at the time and in the light of the circumstances under which it was made, knowingly false or misleading; 8. Failure of any person named in the application when summoned by the Chief of Police to appear and testify and provide additional information at such time and place as the Chief of Police may specify; 9. Inadequate security plan; 10. Proposed location in an area not authorized by Title 17 of the Beaumont Municipal Code, and a Conditional Use Permit for the dispensary at the proposed location had not been obtained from the Planning Commission or the City Council within a reasonable time after application, or had been revoked; 11. If any person listed on the application as an owner, officer, board member, operator, or on -site general manager has been involved in any prior operation of an unpermitted dispensary, collective or cooperative, or has in any manner dispensed or transferred cannabis within the City without first obtaining a permit from the City. 5.63.080 Limitation on Number of Medical Cannabis Dispensary Permits. At no time shall there be in existence within the City more active Operator's Permits than are allowed by this Code. At no time shall there be more than two (2) dispensaries in operation within the City. The location of each dispensary shall be established through the land use approval process, and governed by the provisions of Title 17 of this Code. Each Operator's Permit granted pursuant to this Chapter, and all privileges attendant thereto, shall be subject to the requirements of Title 17 of this Code. 5.63.090 Appeal from Denial of Medical Cannabis Dispensary Permit. The decision of the Chief of Police to deny an application for an Operator's Permit may be appealed to the City Manager. Notice of such appeal, in writing stating the grounds for such appeal, and admitting and denying those determinations of the Chief of Police included in the notice of denial, shall be filed with the City Manager within ten (10) days after the denial of said Permit. Upon failure to file such notice within the 10 -day period, the action of the Chief of Police in denying such Permit shall be final and conclusive. If the notice of appeal is timely filed, accompanied by payment of an appeal fee in an amount as may be established from time to time by resolution of the City Council, the City Manager shall schedule the matter for hearing. The City Manager may, in the City Manager's sole discretion, hear the appeal, designate a member of City staff to hear the appeal, or submit the appeal to an Administrative Hearing Officer to conduct the hearing. Page 7 of 20 5.63.100 Term and Expiration of Medical Cannabis Dispensary Permits. Operator's Permits issued pursuant to this Chapter shall be and remain valid until the earlier of expiration of the permit term of one (1) year, or suspension or revocation by the Chief of Police or City Manager as provided in this Chapter, or voluntary surrender in writing by the permittee. In the event of surrender, suspension, revocation or expiration, no permit fee, or any portion thereof, shall be refunded. 5.63.110 Renewal of Medical Cannabis Dispensary Permit. A. The holder of an Operator's Permit issued pursuant to the provisions of this Chapter may renew the Permit annually in accordance with the following procedures: 1. An application for renewal shall be filed with the City no later than sixty (60) days before the anniversary date of the permit; 2. If the application for renewal is not filed within the time specified by subsection (A)(1) of this section, the permittee may thereafter file a written application for renewal of the Permit, but in that event, the permittee shall pay a daily penalty fee, as established by resolution of the City Council; 3. If the application for renewal is more than thirty (30) days late, the Operator's Permit shall be deemed forfeited, which will have the same effect as being revoked, and the dispensary may not operate unless and until a new Operator's Permit has been obtained; 4. The application for renewal shall be accompanied by the full amount of the required renewal fee as may be established from time to time by resolution of the City Council; and 5. The permittee shall file with the Chief of Police an affidavit, executed under penalty of perjury, containing the following information: a. Any change in ownership of the operator; b. The full, true and correct names and addresses of each and every employee; and C. If no changes have occurred from the previous renewal, permittee shall so certify and attest. B. Failure to make full payment of annual fees or required taxes, or failure to file or filing any false statement in any affidavit and/or certification and attestation as is required by this section are grounds for denial of a renewal of the Operator's Permit. Page 8 of 20 C. All applicants and employees shall have their background and criminal history investigations updated annually. The fee to cover the cost of such investigations shall be paid at the time of submission of the application for renewal of the permit in an amount as may be established from time to time by resolution of the City Council. No renewal of an Operator's Permit shall be approved unless and until the requirements of this subsection C of Section 5.63.110 have been met. 5.63.120 Suspension and Revocation of Medical Cannabis Dispensary Permits. A. All permits authorized and issued under the provisions of this Chapter may be subject to: 1. Immediate suspension without prior notice or hearing by the Chief of Police if the Chief of Police finds that: a. A permittee, or any agent or employee thereof with the knowledge of such permittee, has violated, or permitted, allowed or caused the violation of any provision of this Chapter, any regulation issued pursuant to this Chapter, any condition of approval imposed upon the issuance of the Operator's Permit, or any State law or regulation relating to the operation; or b. Based on ascertainable facts, the operation aggravates the crime problems of the City, makes law enforcement unduly difficult, or is detrimental to the public health, safety or welfare of the City. 2. Suspension or revocation by the Chief of Police after not less than five (5) days' written notice to the permittee and after testimony has been taken from the permittee and/or any other interested person, if the Chief of Police finds that: a. A permittee or any agent or employee thereof, with the knowledge of the permittee, has violated or permitted, allowed or caused the violation of any provisions of this Chapter, any regulation issued pursuant thereto, any condition of approval imposed upon the issuance of the permit, or any State law or regulation relating to the operation; or b. A permittee has failed to pay, when due and payable, any of the fees or taxes required within ten (10) days after written notice of any such failure; or C. A permittee has made any fraudulent statements as to a material fact on an application form or as to any other information presented as part of the application process; or Page 9 of 20 d. A permittee knowingly commits any act which would have constituted grounds for denial of an application for a permit; or e. The permittee has knowingly continued to employ in any cannabis business any individual whom any court has found guilty of any of the crimes which would have constituted grounds for denial of an application for a work permit for the employee; or E The permittee has been convicted of a crime enumerated in Section 5.63.070. A conviction is suitable grounds for revocation or suspension of the permit, prior to the exhaustion of the permittee's appellate rights. B. In the event of a violation described in subsections (A)(2)(a) through (f) of this section, a civil penalty, not to exceed $1,000.00 per day for each violation, may be imposed on the permittee in lieu of suspension or revocation. The permittee may be required to pay all administrative expenses. In the event the violation is for non - payment of fees, the civil penalty shall amount to five (5) percent of the unpaid fees plus one and one -half percent per month accrued daily after the first thirty (30) days. Imposition of such civil penalties shall be in accordance with the administrative adjudication procedures established in the Beaumont Municipal Code, Chapter 1.17. Each day the violation(s) continue shall be deemed a new violation subject to additional citations, penalties, and fines. 5.63.130 Procedure for Revocation or Suspension of Medical Cannabis Dispensary Permits. A. In the event the Chief of Police determines that a permit issued pursuant to the terms of this Chapter shall be suspended or revoked, the Chief of Police shall issue a notice of decision which shall state the grounds upon which the suspension or revocation or other penalty is based. The notice shall be in writing and addressed to the permittee and the building owner at the addresses of record. B. Unless the permittee files a written notice of appeal with the City Manager within ten (10) calendar days from the date of mailing of the notice of decision, the decision shall become final. The notice of appeal shall state all of the grounds of appeal and shall admit or deny the determination in the notice of decision. Failure to timely file the written appeal shall constitute a waiver of such person's right to the administrative appeal to the hearing officer. C. The City Manager shall select a hearing officer who shall schedule and conduct the hearing in accordance with procedures specified in regulations to be promulgated by the City Manager. Page 10 of 20 D. The appeal procedures and costs shall be in accordance with the administrative adjudication procedures established in the Beaumont Municipal Code. E. In the event a permittee files an appeal pursuant to this section, the effective date of the decision shall be stayed pending determination by the hearing officer. The determination of the hearing officer shall be final. 5.63.140 No Application for Medical Cannabis Dispensary Permit Following Revocation. In the event that an Operator's Permit is revoked, each permittee, or principal of the permittee, that held the revoked Operator's Permit shall not be eligible to apply for or be issued a new Operator's Permit, until one year has passed from the date of revocation. 5.63.150 Employee Work Permit Required. A. It is unlawful for a permittee to employ any person who is not the holder of a valid work permit and registration/I.D. card issued by the City. All employees must obtain a work permit. No registration/I.D. card will be issued without such person having first been fingerprinted and photographed by the Beaumont Police Department. B. Applications for an employee work permit shall be completed and submitted under oath to the City, together with the appropriate fees as may be established from time to time by the City Council, before the employee is scheduled to begin work. Applications for work permits shall be reviewed subject to the procedures to be adopted by the City Manager and implemented by the Chief of Police. An application may be granted, conditional approved, or denied by the Chief of Police. The Chief of Police shall deny an application for any relevant cause denoted in subsection (G) of this section. Concurrent with the filing of the application, the City shall obtain fingerprints of the applicant. An applicant for an employee work permit shall authorize the City to obtain any available criminal arrest and conviction record information relating to the applicant and shall further authorize the updating of that information on an annual basis if a work permit is issued. C. Every employee granted a work permit shall be issued a registration/I.D. card by the City, which must be prominently displayed at all times the employee is at the premises on the employee's outermost garment at approximately chest height. Such identification card shall be in good and readable condition and a replacement card shall be issued by the Chief of Police upon payment of a fee established by resolution of the City Council. D. It shall be the responsibility and duty of the City Manager to establish the necessary procedures to implement and administer the provisions of this section. The information received by the City pursuant to the provisions of this section shall be treated as confidential to the extent permitted by law. Page l l of 20 E. The application fees provided for in this section are for regulation and reimbursement to the City for the costs of investigating and processing the applications, as provided for in this section. Each application for a permit under this section shall be accompanied by an application fee, payable to the City, in the amount as may be established from time to time by resolution of the City Council, which fee shall be retained by the City for the payment of the costs of the investigation of the applicant. The fees set forth in this subsection shall be the property of, and be retained by, the City, whether the employee work permit is granted or denied. F. It shall be a condition of any permittee to inform the City of any change in the employment status of a registered employee within five (5) days of the effective date of the change in employment status. A change in employment status includes termination, leave of absence, promotion or any other change in position or title. G. It is unlawful for any employee to work in a dispensary without possessing a valid work permit issued by the City. Applications for such work permits shall be submitted under oath and contain the past criminal record, if any, of the applicant and such information as may be necessary to determine whether the applicant is a proper person to be employed. A work permit shall be issued only to persons 18 years of age or older. Every operator, employee, volunteer, or others who proposes to work and/or assist in any way in the operation, including security shall be considered an employee of the Dispensary. The Chief of Police may deny the application for an employee work permit if the Chief of Police makes anyone of the following determinations: 1. The applicant has been convicted of any felony; 2. The applicant has been convicted of any misdemeanor involving drug related offenses, dishonesty or moral turpitude within the ten (10) year period immediately preceding the submission of the application; 3. The applicant has been convicted of any offense involving the violation of the California Health and Safety Code; 4. The applicant has been convicted of any offense specified in Sections 266(1), 315, 316, 318 or subdivision (a) or (b) of Section 647 of the California Penal Code, or as those sections may subsequently be amended; 5. The applicant has been convicted of any offense involving the use of force or violence upon the person of another; 6. The applicant has made one or more false statements in the application; 7. The applicant has failed to comply with one or more provisions of this Chapter, or of this code, or other laws or regulations applicable to the premises; Page 12 of 20 8. The issuance of the proposed work permit would violate an applicable provision of this Chapter; or 9. The applicant is associated with criminal profiteering activity or organized crime, as defined in California Business and Professions Code Section 19859(e) and California Penal Code Section 186.2, or as those sections may subsequently be amended. 5.63.160 Appeal from Denial of Employee Work Permit. A. Whenever the City shall deny an application for an employee work permit, the City shall notify the applicant/work permit holder in writing by either personal delivery or by first class mail addressed to the applicant/work permit holder at the address listed in the respective application, or at any more recent address furnished to the City by the applicant/work permit holder. The notice shall state that the application has been denied or that the employee work permit has been suspended or revoked and the grounds for the action. The notice shall further state that the applicant or work permit holder shall have the right to appeal the action to the City Manager by filing a notice of appeal with the City Manager no later than ten (10) calendar days from the date of the notice of denial. B. A notice of any appeal must be filed with the City Manager not later than ten (10) calendar days from the date of notice of denial, suspension or revocation of the application or employee work permit. If a notice of appeal is timely filed, accompanied by payment of an appeal fee in the amount as may be established from time to time by resolution of the City Council, the City Manager shall schedule the matter for hearing. The City Manager may, in the City Manager's sole discretion, hear the appeal, designate a member of City staff to hear the appeal, or submit the appeal to the administrative hearing officer to conduct the hearing in accordance with the provisions of Chapter 1.17 of this code. 5.63.170 Expiration of Employee Work Permits. An employee work permit shall be valid, unless suspended or revoked, for a period of one (1) year from date of issuance. The fee shall not be returned in the event that such work permit is refused, revoked or suspended as herein provided. Said work permit shall be valid even though the holder of said permit may change his place of employment within the City. 5.63.180 Renewal of Employee Work Permits. Any person who holds a valid employee work permit may obtain a new permit for the succeeding year by applying for said new employee work permit during the month preceding the expiration date of the current permit. Cost for said new permit, which shall include the cost of a new identification card, shall be an amount as fixed and established from time to time by resolution of the City Council. Page 13 of 20 5.63.190 Investigations - Updating. All employees shall have their background and criminal history investigations updated annually. The fee to cover the cost of such investigations shall be paid at the time of submission of the application for renewal of the permit in an amount as may be established from time to time by resolution of the City Council. 5.63.200 Failure to Obtain New Employee Work Permit. If the holder of an employee work permit fails to timely renew said permit, the permit shall cease to be valid and he or she must make application for a new permit, if desired, as provided above. In addition to any administrative proceedings, it shall be an infraction to engage in any type of employment activity with a dispensary without a valid employee permit. 5.63.210 Suspension or Revocation of Employee Work Permit. A. If an employee violates, permits, allows or causes the violation of any provisions of this Chapter, the Chief of Police shall have the right to revoke or suspend any employee work permit issued hereunder and to take possession of such permit. Any of the grounds upon which the Chief of Police may be required to refuse to issue an initial employee work permit shall also constitute grounds for such revocation or suspension. B. Suspension or revocation of an employee work permit shall be made only after a hearing granted to the holder of such permit before the Chief of Police, after ten (10) days notice to said permit holder, setting forth the grounds of the complaint against him or her and stating the time and place where such hearing will be held. The action of the Chief of Police in this respect shall be subject to an appeal to the City Manager in accordance with the provisions of Section 5.63.160(B). Notice of such appeal shall be filed with the City Manager within ten (10) calendar days after the revocation or suspension. Upon failure to file such notice within the ten day period, the action of the Chief of Police in revoking or suspending the work permit shall be final and conclusive. 5.63.220 Audit/Reporting Required. A. Each Operator's Permit permittee shall file quarterly (or in such other interval as determined by the City Manager and stated in Administrative Guidelines adopted pursuant to this Chapter) with the City a statement, under oath, showing the true and correct amount of gross revenue derived from the cannabis business in the preceding applicable time period. At the option of the City, the City may require payment of gross revenue tax revenues through electronic transfer on a more frequent basis. Such statement shall be accompanied by the payment of the correct amount of gross revenue license tax due and owing. A signed certification shall be attached to the statement. B. At the end of each permittee's fiscal year, the City shall employ, at permittee's expense, a recognized firm of certified public accountants as approved by the City to conduct an audit of permittee's financial records in accordance with generally- accepted auditing standards and any additional specifications for audit as identified in the Administrative Guidelines as may be promulgated by the City Manager. Page 14 of 20 C. The audit shall conclude with the expression of the auditor's opinion on the financial statements of the permittee's operations in accordance with generally accepted accounting principles, and in compliance with the mandate of California Health and Safety Code Section 11362.765 subdivision (a). The auditor shall express a separate opinion on the permittee's gross revenues and related permit fees paid to the City for the period then ended. Additionally, the permittee shall provide the City with an annual update of the evaluation of its internal accounting and administrative controls. Such audit report shall be filed with the City Finance Director no later than ninety (90) days after the permittee's fiscal year end. In the event that such evaluation discloses material weaknesses or reportable conditions, including but not limited to qualified or adverse auditor's opinions, or discrepancies or deficiencies in the permittee's system of internal accounting and administrative controls, the permittee shall submit a program to the City Manager within thirty (30) days of such evaluation outlining permittee's program and target dates to correct such weaknesses or conditions. The program and target dates shall be subject to approval, modification or denial in the sole discretion of the City Manager, and, in the event of modification or denial, the permittee shall submit within fourteen (14) days of receipt of the City Manager's modification or denial, a revised program and target dates to correct such weaknesses or conditions. Such revised program and target dates shall be subject to approval or modification in the sole discretion of the City Manager, and in the event of modification, the permittee shall conform with the modified requirements of the program. Failure to correct the weaknesses or conditions within the time periods specified in the approved or modified program shall be grounds for suspension and/or revocation of the permit. All reports or evaluations submitted hereunder shall be confidential and shall not be available for public inspection. D. Any failure or refusal of any such permittee to make any statement as required within the time required, or to pay such sums due as gross revenue license tax when the same are due and payable in accordance with the provisions of this Chapter, shall be and constitute full and sufficient grounds for the revocation or suspension of the permits issued pursuant to this Chapter in the sole discretion of the Chief of Police. 5.63.230 Access to Records and Facilities. A. Notwithstanding the audit requirements specified in Section 5.63.220 of this Chapter, and in compliance with all state and federal privacy laws, the permittee shall allow the Chief of Police or a designee unrestricted access to all books, records, facilities, and all audio and video tapes pertaining to the facilities. Any information obtained pursuant to this section or any statement filed by the permittee shall be deemed confidential in character and shall not be subject to public inspection except in connection with the enforcement of the provisions of this Chapter. It shall be the duty of the Chief of Police to preserve and keep such statements so that the contents thereof shall not become known except to the persons charged by law with the administration of the provisions of this Chapter or pursuant to the order of any court of competent jurisdiction. Page 15 of 20 B. Any failure or refusal of any permittee to make and file any statement within the time required, or to permit inspection of such books, records, accounts and reports of such permittee in accordance with the provisions of this Chapter shall be full and sufficient grounds for the revocation or suspension of the permit in the sale discretion of the Chief of Police. C. A cannabis business shall maintain records at the location accurately and truthfully documenting: 1. The full name, address, and telephone number(s) of the owner, landlord and/or lessee of the location; 2. The full name, address, and telephone number(s) of all members who are engaged in the management of the business and the exact nature of each member's participation in the management of the business; 3. The full name, address, and telephone number(s) of all patient members to whom the business provides cannabis, a copy of a government- issued identification card for all patient members, and a copy of every attending physician's or doctor's recommendation or patient identification card; 4. The full name, address, and telephone number(s) of all primary caregiver members to whom the business provides cannabis and a copy of every written designation(s) by the primary caregiver's qualified patient(s) or the primary caregiver's identification card; 5. All receipts of the business, including but not limited to all contributions, reimbursements and compensation, whether in cash or in kind, and all expenditures incurred by the business for the cultivation of cannabis; 6. An inventory record documenting the dates, amounts, and content testing results of all cannabis cultivated by business, including the amounts of cannabis stored at the location at any given time; 7. A log documenting each transfer of cannabis reflecting the amount transferred, the date transferred, and the full name of the member to whom it was transferred; 8. A log documenting each transfer of cannabis in any form reflecting the amount transferred, the date delivered, and the full name of the member whom transferred it to the dispensary; 9. Name, address and medical license numbers of all physicians who have given a cannabis recommendation to a qualified patient. Page 16 of 20 Each holder of an Operator's Permit shall verify the validity of the doctor making a cannabis recommendation. This verification shall be made by (1) internet with the State of California's Medical Board of California Physician License Lookup System, and (2) telephoning each doctor to verify the cannabis recommendation. D. These records shall be maintained by the business for a period of five years and shall be made available by the business to the Police Department upon request, except the private patient records shall be made available by the business to the Police Department only pursuant to a properly executed search warrant, or court order. In addition to all other formats that the business may maintain, these records shall be stored by the business at the location in a printed format. Any loss, damage or destruction of the records shall be reported to the Police Department within twenty -four (24) hours of the loss, destruction or damage. E. In addition to the keeping of a permanent record as herein provided, every Dispensary shall likewise be required to deliver to the Chief of Police, via electronic format and written format, a quarterly written report which shall include all records described in Section 5.63.230(C). Said quarterly reports shall be received by the Chief of Police or his designee no later than the first of every January, April, July, and October. Said records shall include all transactions up to ten (10) days prior to the required submission date. If the first day of any quarter falls on a non -City business day then the report shall be delivered the first City business day thereafter. 5.63.240 Violations and Penalties. It is unlawful for any permittee, employee or other person to violate any of the rules or regulations set forth in this Chapter. Any violation of any of the provisions of this Chapter or any of the rules and regulations set forth, established or promulgated pursuant to this Chapter may be charged as a misdemeanor or an infraction. Any use or condition caused or permitted to exist in violation of any of the provisions of this Chapter is hereby declared a public nuisance and may be summarily abated by the City. 5.63.250 Sian Required for Complaints. A sign shall be posted at the entrance to the dispensary location containing the name and functioning telephone number of a 24 -hour on -call member who is engaged in the management of the Dispensary and who shall receive, log, and respond to complaints and other inquires. 5.63.260 Storaae of Cash Overnight. Dispensaries shall obtain the services of a licensed armored vehicle service and arrange for daily pick -ups. 5.63.270 Testing A. Testing of Medical Marijuana. Dispensaries shall use an independent and certified laboratory to analyze a representative sample from each separately procured batch of dried medical marijuana and a representative sample of each separately procured batch of edible marijuana for pesticides and any other regulated contaminants pursuant to established local, state, and federal regulatory and statutory standards at levels of sensitivity established for the food and drug supply before providing the medical marijuana to its members. Any medical marijuana from which the representative sample analysis tested positive for a pesticide or other Page 17 of 20 contaminant at a level which exceeds the local, state, or federal regulatory or statutory standard for the food and drug supply shall not be provided to members and shall be destroyed forthwith. Any medical marijuana provided to members shall be properly labeled in strict compliance with state and local laws. B. Testing Log. Dispensaries shall maintain and publicly display a written log at the location documenting the date, type, and amount of marijuana tested; the name of the laboratory where the marijuana was tested; the laboratory report containing the results of the testing, including the name and level of the substance detected; and the disposition of the marijuana from which the contaminated sample was obtained, including the amount of marijuana and the date and manner of disposition. 5.63.280 Acceptable Method of Cannabis Distribution/Prohibition on Wholesale Operations and Deliveries. A. Dispensaries shall not dispense or distribute, sell, transfer or in any other way provide cannabis other than by direct, face -to -face, in person transaction with a patient or caregiver at the permitted facility. B. Cannabis shall not be provided by any other means of delivery. 5.63.290 Dispensary Closures During Authorized Hours. Dispensaries shall not close during authorized operating hours, either on a temporary or ongoing basis. Any temporary or ongoing closures, except for those necessary during an emergency situation, shall be pre - approved by the City Manager. Failure to gain approval from the City Manager prior to closure shall be grounds for revocation of the Operator's Permit pursuant to Section 5.63.120. 5.63.300 Minors Prohibited. A. The presence of minors, under the age of eighteen years, on the premises of a dispensary is strictly prohibited unless they are a qualified patient or a primary caregiver and they are in the presence of their parent or legal guardian. B. No permittee shall cause, permit or allow, either by act or by failure to act, the violation of subsection A of this section. Any violation of subsection A of this section shall subject the permittee of the dispensary where the violation occurred to the immediate revocation of the Operator's Permit pursuant to Section 5.63.120(A)(1 )(a) of this Chapter. 5.63.310 Administrative Guidelines. The City Manager may establish and amend Administrative Guidelines, as needed to administer this Chapter, implement the permit application and selection processes, introduce additional application requirements not inconsistent with the requirements of this Chapter, and to impose appropriate and beneficial conditions of permit approval. The Administrative Guidelines shall have the force of law, and shall be enforceable in the same manner and to the same extent as the provisions of this Chapter. Page 18 of 20 5.63.320 Business License Tax. Notwithstanding any provision to the contrary, all cannabis dispensaries shall pay an annual business license tax at the retail sales rate or at a designated higher rate, if adopted, based on gross receipts, even if it is a non - profit organization. Section 2. Severability In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. Section 3. Effective Date This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. MOVED AND PASSED upon first reading this lst day of March, 2011, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox and Gall NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 15th day of March, 2011, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: FINNICRIN Deputy City Clerk CITY OF BEAUMONT LIZ Mayor Page 19 of 20 ORDINANCE NO. 993 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 I" day of March, 2011, upon the following vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox and Gall NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 15th 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 ORDINANCE NO. 991 SEWATff 6 Of p ,l • lsl ,r 4 j a 6 4 i F � $ 3 105 A; �o 1! le LEGAL DESCRIPTION EXHIBIT "A" 16l s !s �!'1 J1• J ' f 6' 4 105 A; a O J'� a VW /6 9 15 !1 Q a M I o su• r �. i APN PAGE �t 418 -080 $ .`a, 2 ! 0 " 4 ! {3 C J o� `5 � 6 0 e c _ r l 5 !T J NL v Z/ Q aal Ac.= y 1/ " Jr•' ii' Y' iC IY �!'1 J1• J ' f 6' 25124 27122 1 k IRo g1 I17- r le 1, i !ia 18 0, 1912¢.Ilu a 19 18 AS 0 mia3 Iw M I o su• r �. i APN PAGE �t 418 -080 $ .`a, 2 ! 0 " 4 ! {3 C J o� `5 � 6 0 e c _ r l 5 !T J NL v Z/ Q aal Ac.= y 1/ " Jr•' ii' Y' iC IY �!'1 J1• J ' f 6' 25124 27122 1 k IRo g1 I17- r le 1, i !ia 18 0, fU " el- City of Beaumont 550 E. 6`h Street Beaumont, CA 92223 (951) 769 -8520 www.ci.beaumont.ca.us Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont Planning Commission and Citv 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): General Plan Amendment No. 11- GPA -01. and Rezone 11 -RZ-01 (Ordinance No.). Rocky's Pawn Shop located at 100 E. 6th 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.beaumont.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 Agenda Item No. s - -P STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: COMMUNITY AND ECONOMIC DEVELOPMENT DEPT. AGENDA DATE: MARCH 15, 2011 SUBJECT: APPROVAL OF FINAL PARCEL MAP NO. 35895 LOCATED AT THE NORTHWEST CORNER OF CALIFORNIA AVENUE AND FIRST STREET- BALDI BROS. BACKGROUND /ANALYSIS: The applicant has requested approval of the following Parcel Map, located at the northwest corner of California Avenue and First Street: Parcel Map 35895 consists of the division of a 9.42 acre parcel into 3 lots, ranging in size from 2.77 acres to 3.49 acres. It creates parcels which overlie buildings which are currently in use, which can be readily transferred to individual manufacturing/warehouse uses. The proposed project is located at 101, 201 and 301 California Avenue. The parcel map is a "financing and conveyance map," meaning that it cannot lead directly to development nor does it require any physical improvements. The function of the map is to simply permit the simplified conveyance of portions of the parcel to individual commercial users, or to separate project elements for financing. RECOMMENDATION: Staff recommends that the City Council APPROVE the proposed final map subject to conformance with all Conditions of Approval based on the findings that the maps substantially conforms to the approved Tentative Parcel Map and is consistent with the Subdivision Map Act and the Beaumont Municipal Code. Respectfully Submitted, Rebecca Deming Assistant Director of Planning 0 N !aa ! o C � l o 0 I - It 11 al H F W4 �- Lo F � < Jim m is cc -ij 'Z' co 3 s_` w to 815 -.04 41 six 0 1 1 :law run .. • o o 1 Its 1-7 ii� $ �I m D 71 G� H� 33I 'o 0 A'. PW Bill I ra o� U Ili! COO 01 Its, v o w w Is' a IRK ; o 1 11 o Q��a a.. -1 411sill d 'I I so ib a q g s 7 W�aWi� W�yi� E FFFWP Uj Ma,! o will W. I �� �� w m w m 0 H I m� H LO z� E U LO to rA 0 ° s U�. W M g H ° �o a'' x H ., z ° O EN 1.7 W ° a P91"W\ hm2, 'd1i i I I dilly hopm- b IP_ v _ R if 4y ; ISO is pill I i•o coal all Elm fa lily,g gill No l.3 9 4 s e e a M� ai •� � �-3 hm2, 'd1i i I I dilly hopm- b IP_ v _ R if 4y ; ISO is pill I i•o coal all Elm fa lily,g gill No l.3 9 4 s e e a M� ai •� � �-3 Agenda Item No.-3-3— STAFF REPORT To: Mayor and Council Members From: Community and Economic Development Department Date: March 15, 2011 Subject: Acceptance of Quitclaim Deed to Meritage Homes and KB Homes to Relinquish City's Interest for Lots in Seneca Springs Background It has come to staff's attention that many open space lots within the Seneca Springs Community were inadvertently dedicated to the City with a "Conservation Easement" placed upon them when the Tract Map was originally approved. Some of these lots are located within tracts 31521 -4 and 31521 -2 and are being proposed to be quitclaimed back to the developer. Staff will bring back the remaining lots for consideration at a future council meeting. Regarding the two Quitclaim Deeds for consideration, the lots are fully developed as landscaping slopes that were installed by the developer and it's staff's opinion that it makes more sense for the adjacent landowner to take over these areas since the irrigation lines are tied to the adjacent landowner(s) lot. Analysis: The proposed Quitclaim Deeds would release an offer made by Meritage Homes for a "Conservation Easement" to the City as part of Tract No. 31521 -4, Lots 77 and 78 and KB Homes for a "Conservation Easement" to the City as part of Tract 31521 -2, Lots 106, 110, 111, and 112. The properties in question are fully developed with non - native landscaping and irrigation systems. These lots in conjunction within the Specific Plan were never intended to be designated as conservation areas under the provisions of that document. Recommendation: Staff recommends to the City Council: 1. Approve the Quitclaim Deed and AUTHORIZATION of the Mayor to execute. Respectfully submitted; CITY OF BEAUMONT Rebecca Deming Assistant Director of Planning GL Escrow No. Order No. Requested by: City of Beaumont WHEN RECORDED MAIL TO: CITY OF BEAUMONT 550 E. 6T" STREET BEAUMONT, CA. 92223 MAIL TAX STATEMENTS TO: APN(s): 421 - 760 -062 and 421 - 760 -053 SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ Computed on the consideration or value of property conveyed;OR _ Computed on the consideration or value less liens or encumbrances Remaining at time of sale. Signature of Declarant or Agent determining tax— Firm name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF BEAUMONT does hereby REMISE, RELEASE and FOREVER QUITCLAIM to Meritage Homes of California, Inc., a California Corporation, all of its right, title and interest in the real property in the City of Beaumont, described as Lots 77 and 78 per TR 31521 -4 Bled in Book 404, Pages 90 through 96, inclusive, recorded June 20, 2006 as Instrument No. 2006 - 044210, Records of County of Riverside, State of California. Signature of Record Owner(s) Notarized STATE OF CALIFORNIA COUNTY OF ON (Print Name and title) personally appeared )SS. before me, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under Penalty of Perjury under the laws of the State Of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature By: Department Use Only .see additional sheets for additional notaries` (This area for official notarial seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE Escrow No. Order No. Requested by: City of Beaumont WHEN RECORDED MAIL TO: CITY OF BEAUMONT 550 E. 6T" STREET BEAUMONT, CA. 92223 MAIL TAX STATEMENTS TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ Computed on the consideration or value of property conveyed;OR Computed on the consideration or value less liens or encumbrances Remaining at time of sale. APN(s): 421 - 720 -007, 421 - 721 -027, 421 - 731 -047, 421 - 731 -048 Signature of Declarant or Agent determining tax— Firm name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF BEAUMONT does hereby REMISE, RELEASE and FOREVER QUITCLAIM to KB Home Coastal, Inc., a California Corporation, all of its right, title and interest in the real property in the City of Beaumont, described as Lots 106, 110,111 and 112 per TR 31521 -2 filed in Book 398, Pages 1 through 8, inclusive, recorded February 27, 2006 as Instrument No. 2006 - 0139381, Records of County of Riverside, State of California. Signature of Record Owner(s) Notarized STATE OF CALIFORNIA COUNTY OF ON (Print Name and title) personally appeared )SS. before me, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under Penalty of Perjury under the laws of the State Of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. 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OW DATE OF SURVEY: JANUARY, 2005 SEE SHEET 2 FOR BASIS OF BEARING% DATUM STATEMENT MONUMENT NOTES, NOTES, EASEMENT NOTES, BOUNDARY AND BPS CONTROL MAP. SEE SHEET 3 FOR SHEET INDEX MAP. GRAPHIC SCALE IN � I i— - o m z SEE lff�/ 0 SHEET 6 74 Xp- , L co- cc SHEET 7 OF 7 SHEETS 31 4 A T N 18 30 43v Ao 14 In ;z N74- j j 19 29 ° _I '� 42 g � $6 br a �.' / w � 25 20 TRACT NO. 33825 28 MR 307 27 21 ar LD-r 2 27 2 / A l 0.4W W- 22 75 U/ jv 23 N .4 25 / / `lam V \ / •'i All 26 26 DETAIL oz) 4 4 , 114 c A V. v A, c 06 < LL � O F N CY ,T^ Y / r M O Z U Q H a N lit .al 0 ~a J s} I I 'd �x <s III 19 2 „pa I a MISR§ ;It 4 v o a � Q 8 ®r, k g �o $e its q Fp 1�5 ;did y 6� ;J.R �r 11 1 �b�ao R G H c m < �F o a 9 � s a o a o li_l d 8 � i d X J �8 Foil � px a g =,xp NVS is PDX ;6: � b � 4m; J 3nN3Ad SJNI dS dNd1H�IH • u(.ztoL tiK.ro.aaU W,eovee �.eLtl.awl R � � _- � .e(.ee'LCx uy,wLCU ss w.aoW oU,ai.wauLl] % UO Za0L00 -a00z 'ON •1SM 14. 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S— pLuvnc n.acwm+T -- 1 �y .wu.al�z o � a �4 D -15 uaroe !O Nµ0 14 e 1g 1 W -* mwn 3 tVA i Yfyc 3!0 ce bb� � ` _. vq.vv....) 1MYL 44�E.Od1) q•HLK 3Fl.m/JOX) -■ �� �- Mewa) WPav1R wzl,waox) Gy,¢'LK utao.aax] \ \ \ s s LYON N dYd d1INVZNVW �S m Wes `m l -H 'S E '1 /A 9F 03S Z M Lra / � O a N �I •��IM a \ M Lax ny �6bg 8 Yb & 2 s s 7 Y @ ���� Bp• �r �a{5)yy„ inns �� 2 � I� B Y tl � � d b 6 C � tl ij d �� � b � °F f � flag 666q a" � ~� SF � �a � � � 'y $� p 1a I f ill ��?� 6 IS 3 g k 5 5 E 5 � e ow r` a 0 O !Y s `3 ce �r 11uq I�I�M Rw f ➢ I�pjs d ix 010 W THE CITY OF SFJIUIAONT, COUNTY OF IVIVER91DF STATE OF CALIFORNIA SHEET 9 OF S 0EM TRACT NO. 31521 -2 BEING A SUBDIVISION OF A PORTION OF PARCEL A OF LOT LINE ADAIBTMENT N0.04LLA -IM RECOROEO NOVEMBER 4 2004 AS M18TII1MWff NO. IIW4.OS7I M OF OFFICIAL RlCOROS OF SAID COUNTY. LOCATED IN SECTIONS 14 AND 1% TOWNSHIP S SOVTIL RANGE 1 WEST, &WL MINSAKER AND ASSOCIATES IRVINE, INC. RORY S WILLIAMS. L.S. Sw dAN VARY, 2005 W" UE OF VA NE 1/4 3G 16 SHEET INDEX MAP 37oa vra n2/ee -n MANZANITA MANZANITA —L,'�- X11-- Q3 INDICATES SHEET NUMBER PARK ROAD I ( PARK ROAD COnM E N71.3 j I _ GRAPHIC SCALE ohm _ •� - [sy.7i•b �.1lum'Ms. �. , ieT•�••- is,.apzn.arMi — �CC,_- [�i. ___ p7.73YAe ____ � p,�yy3717n.sryn 1 rose -too K DETAIL W Z Kra 3E 3EEf 3 < Lt] 30 TRACT NO. 3-1621-1 Of I f• 421— f S1R LOT C M113. 3pr' / IM -IOU, 32 I I�� 1 41 rr�o REMAINDER PORTION OF E 105 1• • " I 131) 313 o 137 136 136 134 33 1/2 NE 1/4 SEC -15 T. 3 S, R I � ( "''"' r i170 II- [rmlvnm.l �• \\ 1 W, S.e.lvl /(?j 3 .� / 2 ( Vim- - - 5 ` < .M•]it! x. e �a 4 I- 6 I .7 8 9 10 LANAI STREET DRAKE AVENUE DUNSTON LOT B STREET 11 s Q toT� -z- _ 4- "."^ W— MIVM'3r 102 IOC OI M1l-1 -•737_ ••1s -_ .IbN0.M• V[J PT LBX 104 X12 �} 103 a_n_•w A2 Z 86 - `CS I 4 5 •- aw 60 < 82 O � � L —' QTR \ ®:7� 87 14 9 (v=► s mil W ,�i� [O V 1 W 1 .. 7tV N 81 69 88 M !s8 P 18 ;spa h 45 46 98 89 n7nra3�i ,, i J t' P 44 57 97 90 79 17 r a 43 66 K7n ,rt IaM' �> O 'M R.- W 96 Y 91 78 xm rr. X42 48 55 96 O 337,.E a� a 92 77 '' 19 F� r 0 CL, u In � ' 4 � 49 54 88 � 1 Lll h N0•riam' 50 67 94 93 76 © 20 a T 8 40 53 �- "7n3e.�t r ~ ca b11u•�M•• .2 • --- - nit- 51 68 Z oM•nM.Y••• ; }- ' i3arY •, ) ', 39 52 69 70 71 72 73 74 76 IZ K7 M I SM, 110 °7a7.s, �M2,,• a` R %'n mr FAIRCLIFF LOT E STREET Li Q� g t9 % Mw•' °TM 38 35 34 33 32 31 30 29 28 27;'� 28 26I 24 23 xnY.•M•7 - _ wv - •. .+Srmi�,. \ ' 1, bw«•c r Mn•7r.L'E aIO' , ••; yryy .. .AO A 108 Lm lt. e•rww „'/ WI 11 — ••.�,3 -7a'— — — — — — — — — — — — — — — �!3']IVh i377.3r AuM L.+ — • +•.MM'2TN7 S 112 SRC 14 s � T. 3 S, R. 1 IA/, M THE ORY Of BEA MONT. COUNTY OF MW DE, STATE OF CAUFORSA SHEET 4 OF S SHEETS TRACT NO. 31521 -2 ' BEMO A SUBDNMWM OF A PORTION OF PARCEL A OF LOT LINE ADJUSTMENT NO.OHAA -11 RECORDED NOVEMBER 4 20K AS INSTRUMENT NO.200"07SN$ OF OFFICIAL RECORDS OF SAID COUNTY. LOCATED M 890TK N6 N AND A TOMMMSP S SOUTH RANEE 1 WEST. MK HUNSAIM AND ASSOCIATES IRVINE. M0. l / RORY & WILLLAMS. LS. SSSM JANUARY, 2005 J I _ GRAPHIC SCALE It — — tt� _ ICp_I «O LO7 C SE� str b: star a twMX, --r=-u. I e I 1 I T— a ',r.: •: rrzs�7m olDETAIL err 42 ALTS J ee J 41 J J w u >` J J J J 40 J 30 I I o II NtU o� J��°"' i` J J J ' 38 1 1 '' °6 M25 1 z m J ' : J� J J 1 I 3Y " � ' I / H J %Ae.._... Yri y >,i 105 _. eu'te'orY n YL5 INY7YtYE I Ul LL U r V Q. k'25 M e vu / ,�, e 3 r we. or n 2 a 19� � p 4 e 6 f•"y �4f3'a '� t.y;•ey try =kNy, V1, ayrzYNe•mti Sk'Itr / d / 'sri rzri vjO _ dun' a M) F -___:! sri% -__ tiMreex'c taeY - 10g 7israr�e- y `" i "" LOT 'B' ws•:root mas'�'" ; = n.t000ar .,�y ►rye7•a. �ipi r' 1 BRIEµ 1C•�^(,./ Dv ri �$'--- . {;' y,"'.s'4'b• i / • Y>a.,y.,n NSTQN - wrx3.t ,uar :i•o'tr "' tem•... _ _ STREET - E�e.e6. ,o.m• t -xi,Y'` 1ii,'',. W 04 i i i i 47 I� �I I 07 ,I I II SEE SHEET 2 FOR BASIS OF SEARI Q% DATUM STATEMENT. MONUMENT ROTE$ NOMA EASEMENT NOTES. BOUNDARY AND WE CONTROL MAP. SEE SHEET 3 FOR SHEET INDEX MAP I� I 18� I I r 186 Ie i= Ul 7II�87 I W I 41 188 I I IN THE CRY OF SEATIIAONT, COUNTY OF RIVERS STATE OF CALIFORNIA TRACT NO. 31521 -2 BEING A SUBDIVISION OF A PORTION OF PARCEL A OF LOT LINE AD.AXT►EMT N0. 044 1% RECORDED NOVEMBER 4 1004, AS NSTRIMENT NO, 2001.OS M OF OFFICIAL RECORDS OF SAID COUNTY, LOCATED IN SECTIONS N AND 4 TOWNSHIP S SOUTH RANGE T WEST, &RAL HANSAKER AND ASSOCIATES IRVINE, NC. SHEET S OF S SHEETS GRAPHIC SCALE RORY &WILLIAM$ L.S. SSW JAIAIARV, 2006 SEE SHEET 2 FOR BASSI OF ��' DATUM STATEMENT, MONUMENT NOTES, � NOTES, EASEMENT NOTES, BOUNDARY AND GPS CONTROL MAP. SEE SHEET S FOR SHEET INOM MAP. t. mne TMOE STREET ` M _M25 - s,rrnrre j i rxu7r L07 C 7RAC7 N0. 31521 -1 32 713 I I I a I I I I \ \\ 33 Ipl ;' w I 37 I 36 I 38 I 34 ms, 3RI V W W 0! W W ca — — .D L W S 01 W W 0 � — 06 SEE SHEET 6 00 Z Co F- D- OLD U�j .G. 1-0 Z N K% W THE CRY OF BEAUMONT, COUNTY OF RIVERBIDE STATE OF CALIFORNIA SHEET S OF S BEETS TRACT NO. 31521 -2 t • OEM A SUBDIVISION OF A PORTION OF PARCEL A OF LOT LINE ADJUSTMENT NO. 0441A -1L RECORDED NOVEMBER 4 2004. AS BSTRUMEXT NO. 2004 -SAM OF OFFIC AL RECORDS OF SAID COUNTY J LOCATED IN SECTIONS u AND 14 TOWNSHIP S SOUTH. RANGE 1 WEST. 861A !� HUNBAKER AND ASSOCIATES IRVINE, BNC. RORY & WILLIAMS, L.S. 8884 JANUARY, 2008 GRAPHIC SCALE BEE SHEET 2 FOR BASIS OF BEARWM DATUM STATEMENT MONUMENT NOTEIL NOTES, EASEMENT NOTE$ BOUNDARY AND WS CONTROL MAP. I ° I SEE SHEET 5 SEE SHEET 3 FOR SHEET BNDEK MAP. 08 _ i i N V I aaae - eo n 80 xN'ar wawa t 80 xer� (al,n.aYT,{, hF :� E i [[}3a] JQ� J & x5 16 Nes'TYe'E —w Nae•Itw1' tl.w'• r 07 G gp 79 17 $ v epy7y1 maaa lemon ixix xsnrlYt inw LU A00' R0a• McP01'al% M).q LOT r § FAIRCLIFF STREET R mo «ee•u'or� axev W i� AOa W dJ S 1/2 Sr-C 14 7, 3 S., R. 1 W, S3jM, ttl O z� 4) cq CCLLUU) cc V t N r gz�, f �o t 2 L� U A 9 1 N � _ j Q ;2_ .1101 Isnoi p till — [esu a.9exao9 �� 9 133H8 338 3 40 NOfj-HOd U3ON%jW38 U N J e zt - R cm$ a N r s� x13 i di 9 133H9 339 3nN3Ad .�. J -0 i 3WIa 8 . / r - -- s AP y F- ¢ \ o2p� r a \ r � p('SR /%.14181 Aw y s I o p 2 s c4 a fi 8 9 B I PI Fs F - I.W.I[.Ily s� wy.A Kvpl ALKAy 7`' � p' I 3nN3" \ A rlxl i,y , / + acw P� AI'LY•1 .2f�,n b .pxc. .,0A[AI9 �� ZR',yKa� - °rlsn uscsori —_ OW . / r - -- AP y F- ¢ \ o2p� r a \ r � i I I� I p('SR /%.14181 Aw y s I o p 2 s c4 a fi 8 9 B I PI Fs F - I.W.I[.Ily s� wy.A Kvpl ALKAy 7`' � p' I 3nN3" \ A rlxl i,y , / + acw P� AI'LY•1 .2f�,n b .pxc. .,0A[AI9 �� ZR',yKa� - °rlsn uscsori —_ OW - _ 'L 101 a poro�i•n lano:) R a7GMl WETS ''M f S E 'j- 9f- 33S V& 3 30 NOLL�10d U30N MW J i i I N W ui i I` I I I I m I I 2 (*J y F- ¢ \ o2p� r a \ r � - _ 'L 101 a poro�i•n lano:) R a7GMl WETS ''M f S E 'j- 9f- 33S V& 3 30 NOLL�10d U30N MW J i i I N W ui i I` I I I I m I I AGENDA ITEM � March 10, 2011 To: Mayor and City Council Members From: Frank Coe, Chief of Police Approval: Alan Kapanicas, City Manager Agenda Date: March 15, 2011 Subject: Foundation Request - Special Olympics Law Enforcement Torch Run Sponsor shia Background/ Summary: The Beaumont City Council established, and sits as the Board of Directors, of the Beaumont Charitable Foundation (Foundation). The Foundation purpose is to provide assistance to programs that benefit the community and residents. The funding source for these requests comes through donations from city employees and other fundraisers specifically focused on generating funds for the Foundation. The employees of the City of Beaumont have participated in, and supported, the efforts of Special Olympics in raising funds and awareness for people with intellectual disabilities. Their programs provide opportunities for residents of the Inland Empire and San Gorgonio Pass Region to compete in athletic events, grow in confidence, and inspire others in their successes. On April 9, 2011, the employees and family members of the City of Beaumont will again participate in the Central Riverside Law Enforcement Torch Run, which this year will begin at the Morongo Tribal Cultural and Administration Building and after travelling through the cities of Banning, Beaumont, San Jacinto, and Hemet, will finish at the Diamond Valley Lake Aquatic Center for a barbeque lunch for the participants and athletes. The City of Beaumont Police Department and the San Gorgonio CHP office were the founders of this leg of the Torch Run, which, since its inception, has become an International Event. Fiscal Impact: The Central Riverside County Law Enforcement Torch Run for Special Olympics committee is requesting a $1,000.00 sponsorship. Recommendation: Staff recommends that the City Council, in their capacity as the Beaumont Charitable Foundation Board of Directors, sponsor the Central Riverside County Law Enforcement Torch Run, in an amount not to exceed $1,000.00. Attachment(s): Request for Foundation Program form AGENDA ITEM BEAUMONT CHARITABLE FOUNDATION REQUEST FOR PROGRAM Date of Request: 3 -15 -2011 Program Name: Sponsorship - Special Olympics Law Enforcement Torch Run Program Beneficiary: Please check one D General Foundation Purposes D MDA D Beaumont Youth Activity League D Community Improvements D Spark of Love D Shop with a Hero 121 Other: (please describe) Special Olympics Program Description: The Special Olympics Law Enforcement Torch Run is a designed to raise funds and awareness for programs benefitting people with intellectual disabilities. Expected Cost: $1,000.00 Funding Source: Please check one D Community Donations D Employee Donations ❑x City of Beaumont D In -Kind Donations D Other: (please describe) $ $ $1,000.00 $ $ Total Cost: Should match expected cost $1,000.00 Submitted by: Frank Coe, Chief of Polic Date: 3/10/2011 Reviewed by: Finance Department Date City Manager Date Approved by: Foundation Board of Directors Date 0 AGENDA ITEM 3 1 March 10, 2011 To: Mayor and City Council Members From: Frank Coe, Chief of Police Approval: Alan Kapanicas, City Manager 4"1 Agenda Date: March 15, 2011 Subject: Foundation Request -Don Messier (Run for the Wall) Background/ Summary: The Beaumont City Council established, and sits as the Board of Directors, of the Beaumont Charitable Foundation (Foundation). The Foundation purpose is to provide assistance to programs that benefit the community and residents. The funding source for these requests comes through donations from city employees and other fundraisers specifically focused on generating funds for the Foundation. Don Messier, a city resident, is requesting the financial support of the Foundation to participate as a Road Guard for this annual event honoring Veterans of the United States Armed Forces, those still missing, as well as those killed in action. Run for the Wall RTFW , was started by two Vietnam Veterans to bring awareness to tF�e fact a ere were still thousands of unaccounted soldiers from all of the many wars that have been fought by citizens of the United States. This 10 -day experience involves approximately 500,000 motorcyclists who travel from across the United Sates and meet in Washington DC on Memorial Day Weekend. They then process from the Pentagon to the Vietnam Veterans Memorial Wall. Mr. Messier currently is the organizer of the Pass Touring and Riding Group, and he is also a member of the riders that escort our local soldiers that have been killed in Operation Enduring Freedom from the March Air Reserve Base to their hometowns and final resting places. Mr. Messier has been a resident of the City of Beaumont since relocating here from Arizona in 2002. Fiscal Impact: The amount of the trip to Washington DC is estimated to be approximately $2,000.00. Mr. Messier is requesting any consideration from the Foundation to offset that amount,. He intends to cover his return expenses out of his pocket. Recommendation: Staff recommends that the City Council, in their capacity as the Beaumont Charitable Foundation Board of Directors, sponsor Don Messier, in an amount not to exceed $2,000.00, to represent the City of Beaumont as an Ambassador during the Run for the Wall ride to Washington DC 2011. Attachment(s): Request for Foundation Program form Run for the Wall History Statement Letter from Don Messier AGENDA ITEM Potential Sponsor; I am planning on riding the yearly Run For The Wall, you may view the history of the run and see all of the information at the web site www.rftw.org , starting May 18, 2011. This is a trip that starts in Rancho Cucamonga, Ca. and ends at the Vietnam Wall in Washington DC on May 27, 2011 with ceremonies at Arlington and the Wall on May 28, 2011, Memorial Day Weekend. The trip there is 1 I days long (12 counting the ceremonies), by the time we reach DC, and the east coast riders arrive on Saturday there will be over 500,000 motorcycles there for the parade from the Pentagon through DC. Due to almost 1,000 riders starting in California, there are two routes, a central and a L, southern route, which is the route I will ride. Due to my experience riding, I have been asked to work as a Road Guard going there which is an honor as not many get asked to do this. I am looking for sponsors to help me with the trip there. The approximate amount that it will take going to DC is $2025.00. This is for rooms, fuel and food for the trip. The expense for the return trip is something that I will incur, as I plan on seeing relatives that I have not seen in some time. If you are interested in helping me with this trip please call me any time. I will not take any money until I know for sure that I have enough donations and I am able to make the trip. This should be definite on or around May 1, 2011 at which time if you decide to help with the trip I will contact you for your kind donation. Without donations I will not be able to make this once in a lifetime (for me) trip that I have been planning on doing for 4 years now. Any help will be appreciated. Sincerely; Don Messler President San Gorgonio Pass Touring and Riding 951 -500 -4432 www.sgp- touring -rg iding com RFTW History : Run For The Wall Motorcycle Event: We ride for those who can't : POW... Page 1 of 2 Q 4 News A Site Map J Print Page POW -- MIA Dedicated to Prisoners of War &t Missing in Action RFTW XXIII - May 18 - 279 2011 RFTW Ride Dates HOME / MISSION & HISTORY / RFTW STAY INFORMED Sign up to receive emails as RFTW RFTW History is updated Name F Run For The Wall (RFTW) was started in 1989 as an effort by James Email Gregory and Bill Evans. They were a couple of Vietnam Veterans who traveled across the heartland of America on motorcycles, talking to Re ister local radio, TV, and newspapers about the fact that we had thousands of men and women still unaccounted for from all of our wars. The Please add info@rftw.org to your safe sender need for this awareness continues today and we continue this list to ensure delivery. tradition every May. We don't give political speeches or stage demonstrations. Run For The Wall gets its message to the pulic across by riding through the HOME United States. We obey traffic laws and treat all citizens with dignity ITINERARY/HOTELS and respect. REGISTRATION But the issue of public awareness is only part of the benefit of Run For 2010 REUNIONS The Wall. We also give Vietnam Veterans and all Veterans the opportunity to get their own welcome home and start their healing MISSION &HISTORY process. NEWSLETTERS Everyone who has fought or has friends or loved ones who have FAQ fought in a war has their own issues from their experience. Everyone LATEST NEWS has issues -- the welcome home, the good -bye to buddies lost, the ability to finally help the young men and women we watch every night SIT REPS on TV, or just trying to accept coming home alive. Many who ROUTE SPECIFIC SITES participate in Run For The Wall find that whatever they've been CONTACTS missing, can be found in the Run For The Wall family. They can finally start settling issues that have been put away for over twenty years. RUNS TO THE RUN LINKS There is a nominal charge for participating in Run For The Wall, and you have to pay your own expenses. We have been very fortunate in FNG STORIES the past in that we generally get a great deal of support from 2011 RFTW Mission Video organizations and people along the way. Most evening dinners are provided free or for a small donation by concerned citizens, many PHOTO GALLERY breakfasts and lunches are provided, also. We have generous groups MERCHANDISE STORE who have paid for gas and lodging on occasion. RFTW DISCUSSION FORUM The trip takes ten days to reach the Vietnam Veterans Memorial, where our Run officially ends on Sunday evening before Memorial Day. Additionally, we have things scheduled for the weekend, ending with participation in the Rolling Thunder Parade in Washington, D.C., on Sunday. It is quite a sight to behold, 350,000 plus motorcycles all htti)://www.rftw.org/index.asp?lg=l&w--pages&r--I&Pid=63 3/10/2011 RFTW History : Run For The Wall Motorcycle Event: We ride for those who can't : POW... Page 2 of 2 i May 16-29,2011 Run For The Wall, Inc. (Official dates include orientation /training /closing ceremonies and Rolling Thunder) starting from the Pentagon parking lots, parading through downtown Washington, and ending at the Wall. Along the way across the U.S. we make stops at Memorials, Veteran's Hospitals, and schools. We enjoy parades, escorts, and welcome -home receptions from many of the patriotic towns. The ages of the participants range from eight to eighty. These include: mothers, fathers, grandfathers, and grandmothers (some of whom ride their own bikes!): veterans from World War II, Korea, Vietnam, Desert Storm, Iraq Freedom and Afghanistan: active military, supporters, friends and family. Everyone is welcome. The main rule is NO ATTITUDES. Some people join Run For The Wall and think of it as just another vacation or motorcycle event. After one or two days, though, you realize this is something very special. It is unlike anything else you have experienced, and it becomes a MISSION! You become part of the Run For The Wall family whose members come from all over the United States, Canada, Australia and other countries. What could be more perfect than, riding on a mission, making new friends, and helping a very good cause, POW /MIA? You don't have to ride a motorcycle to participate. By joining or supporting Run For The Wall, you participate in our mission of: promoting healing among ALL veterans and their families and friends: calling for an accounting of all Prisoners of War and those Missing in Action (POW /MIA): and honoring the memory of those Killed in Action (KIA) from ALL wars. The important thing is to join the cause! HOME • ITINERARY /HOTELS • REGISTRATION • 2010 REUNIONS • MISSION & HISTORY • NEWSLETTERS • FAQ • LATEST NEWS • SIT REPS • ROUTE SPECIFIC SITES • CONTACTS • RUNS TO THE RUN • LINKS • FNG STORIES • 2011 RFTW Mission Video • PHOTO GALLERY • MERCHANDISE STORE • RFTW DISCUSSION FORUM - ® 2009 -2015 Run For The Wall Web Site Layout & Maintenance by Nolee -O Web Design htti)://www.rftw.oriz/index.as-D?Ijz=l&w--i)aaes&r--I&i)id=63 3/10/2011 May 18 - 27, 2011 : Run For The Wall Motorcycle Event: We ride for those who can't: P... Page 1 of 1 4 News A Site Map .a Print Page POW - MIA Dedicated to Prisoners of War &t Missing in Action RFTW XXIII - May 18 - 27, 2011 RFTW Ride Dates Home STAY INFORMED Sign up to receive emails as RFTW is updated Name F Email Re ister Please add info @rftw.org to your safe sender 68 Days, 18 Hours, 27 Minutes, ; Decorations for Valor: MEDAL OF HONOR DISTINGUISHED SERVICE CROSS ` list to ensure delivery. O SFart e O North Alashington Montana Dakota. Minnesota HOME lard a '.1. • na &� 1i5 ITINERARY/HOTELS south ° Wisconsin", Dakota ° REGISTRATION Oregon Idaho ;.1= ..tukrr Mic Wyoming c ; _. 2010 REUNIONS ''`.' �'" Nebraska Iowa a. Dnia MISSION & HISTORY It :o'" 3nsas lllinais Indiar Nevada$• NEWSLETTERS rao Utah Colorado Kansas : w =. n Missouri FAQ o cahtornia Ken LATEST NEWS t,rn::.e Ten fikerMr eta O Oklahoma Arkansas SIT REPS 's °"a ' M' ROUTE SPECIFIC SITES` �Hng k r S r eX co 1as IR a ahem - gyp` u ;in Texas l n era::. CONTACTS ,u t no Louisiana---9 RUNS TO THE RUN �� °n o _' o hua`,ua` ietl LINKS o r�gl a fluff of x ' FNG STORIES �x �� aCs►IAornra �J� .�reo, +1a a uns . c°"�,'. ..; Q 2011 RFTW Mission Video Run For The Wall recognizes the sacrifices and PHOTO GALLERY who have served our nation. Veterans of recen MERCHANDISE STORE active duty are especially welcome to join us RFTW DISCUSSION FORUM Mission Statement: To promote healing among ALL veterans and their fs Prisoners of War and those Missing in Action (POW /MIA), to honor the me and to support our military personnel all over the world. http: / /www.rftw.org/ 3/10/2011 BEAUMONT CHARITABLE FOUNDATION REQUEST FOR PROGRAM Date of Request: 3 -15 -2011 Program Name: Sponsorship -Don Messier (Run for the Wall) Program Beneficiary: Please check one 0 General Foundation Purposes 0 MDA 0 Beaumont Youth Activity League 0 Community Improvements 0 Spark of Love 0 Shop with a Hero 0 Other: (please describe) Sponsorship of Resident Don Messler to participate an as Ambassador of the City of Beaumont in the 2011 Run for the Wall. Program Description: The Run for the Wall is a cross - country motorcycle ride to bring awareness to the soldiers of our country who are still missing or unaccounted for; and to remember those killed fighting for our freedoms. Expected Cost: NTE $2,000.00 Funding Source: Please check one 0 Community Donations 0 Employee Donations 0 City of Beaumont 0 In -Kind Donations 0 Other: (please describe) $ $ $2,000.00 $ $ Total Cost: Should match expected cost $2,000.00 Submitted by: Frank Coe, Chief of Police Date: 3/10/2011 Reviewed by. Finance Department Date City Manager Date Approved by: Foundation Board of Directors Date 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. Man. 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. Appeals. 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 1St 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: ATTEST: Deputy City Clerk Mayor of the City of Beaumont 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 Tern 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 I. 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 3 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 91 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 *Eauivalent 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 - 1M 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 Corn/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 0 y AS .k g`* c Its6 �' rt E ¢ Nolii FWD a, T 5 W, _ k vt x s 1 fiyF 3T T I f �• AIKRr "I" WVk nM + f C , x It k e � y ,, �. V •► ti 1. w. p—Z,080010Z d%,j -q-oj t'aan6lj al!j Z090010Z awo orvj -}01 v Am a O O Z C C S C IN 0: 06 a b C N A o m �E mIL m E m J 4 s� to 0 N U U L! N r. d a � Q 0 a S v t9 ma ca r 'SA ` O x @ U C Q i W j O W +D uj �xf p_ Np No C Ul N s Q O pq O O Q N 9� Q�R w 0 a O T, 0. T =z 4 z � W = o 0 � > a °t m @ w tp 4 � � m a w 90 U 3 }0 }�+ U U a` U m EXHIBIT B MAP OF IMPROVEMENTS AND AREA OF BENEFIT tl O 7 I t IS' � arrx s, i �tM kawr z , ( -'T 01 1 47,7774-2 V: TE 16k�.r �Xf ��} - - - - -- 5 [ °. T4 P-10 I Y 0�- yam., �A F r a w u i � I Cd Ow 4 .__ C'3 f O j � 41 Y Q� rc�) \J td tl O 7 I t IS' � arrx s, i �tM kawr z , ( -'T 01 1 47,7774-2 V: TE 16k�.r �Xf ��} - - - - -- 5 [ °. T4 P-10 I Y 0�- yam., �A F r a w u pASS n V rn s � 's4blished `qb\ 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. ry trul urs, t� -tZ/J J 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 17`" 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 r r , a Mark Knorringa Chief Executive Officer PIA of Sourhern California - Riverside County Clupter 1891 1 1 t Street Riverside, CA 92 50 1 Phone (951) '781-7310 ext. 201 Cell (951) 522 -1581 Fax (951) 781 -0509 Email: rnkru>rrin,- xiversidebia.orY ww w. riversidebia.org \n Affiliate of N.A.H.B. Within, ton D.C. N C.B.I.A. Sacramamto Mayor Brian DeForge, BIR City Council Beaumont Civic Center 550 E. 6th Street Riverside G�uniy' Beaumont, CA rta�ite;- Ruilding IndustrN, Association of Southern California September 10, 2010 3891 11th street Riverside, California 92501 (951) 781 -7310 Fax (951) 781 -0509 Mayor De Forge and Council, 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 An MTRialc of tlic Natiotml Association of Horric Buildm mid the Califo+ tia Buildirtq Industry Aseocialion 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 COOPERATIVES 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 THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: Section 1. Purpose The purpose of this Ordinance is to enact a complete and total prohibition of medical cannabis dispensaries in the City of Beaumont or, in the event that a ban is held unlawful by a final decision of a California Court of Appeal or by the California Supreme Court, to regulate medical cannabis dispensaries in a manner to mitigate potential health, safety and welfare impacts that medical cannabis dispensaries may have on surrounding properties and persons, consistent with and in conformance with the California Health and Safety Code Section 11362.5 through Section 11362.83, inclusive, commonly referred to as the "Compassionate Use Act of 1996" and the "Medical Marijuana Program." Therefore, if a final decision of the California Court of Appeal or the California Supreme Court determines that a municipality, such as the City of Beaumont, may not ban medical cannabis dispensaries from all zones within its jurisdiction, then Beaumont Municipal Code Section 17.15.050 shall become effective without further notice or hearing and shall regulate medical cannabis dispensaries in the City consistent with and in conformance with the provisions of the Compassionate Use Act and the Medical Marijuana Program. Section 2. Findings (1) On February 8, 2011, at a duly noticed public hearing and public meeting held in accordance with Government Code § 65854 and the City's Municipal Code, the Planning Commission held a public hearing, heard and considered all testimony and arguments, written and oral, of all persons desiring to be heard, and considered all facts relating to the proposed zoning ordinance, adding Chapter 17.15, entitled "Prohibition of Medical Marijuana Cooperatives or Collectives" to Title 17 (Zoning) of the Beaumont Municipal Code ( "Zoning Ordinance "). Upon holding and closing the public hearing, the Planning Commission recommended that the City Council approve and adopt the Notice of Exemption, and adopt the proposed Zoning Ordinance. (2) Notice of the public hearing was published in The Record - Gazette, a newspaper of general circulation, on January 28, 2011, more than 10 days prior to February 8, 2011, and in compliance with Government Code § 65854. Page 1 of 18 (3) At the March 1, 2011, duly noticed public hearing, held in accordance with Government Code § 65854 and the City's Municipal Code, the City Council heard and considered all testimony and arguments, written and oral, of all persons desiring to be heard, and the City Council considered all facts relating to this Zoning Ordinance. (4) On November 5, 1996, the voters of the State of California approved Proposition 215, which enacted the Compassionate Use Act of 1996, codified at California Health and Safety Code § 11362.5 ( "the Act" or "the Compassionate Use Act "). The Act decriminalizes otherwise unlawful possession and cultivation of cannabis for certain medical purposes under certain limited and specified circumstances. (5) Despite voter approval of the Compassionate Use Act, various problems and uncertainties in the Act impeded the ability of law enforcement to interpret and enforce the law, and hindered persons eligible to use cannabis for medical purposes from doing so, while many persons took advantage of the Act to use cannabis for recreational and not medicinal purposes. (6) In 2003, the California Legislature enacted Senate Bill 420, effective January 1, 2004, adding Article 2.5, "Medical Marijuana Program" to Division 10 of the California Health and Safety Code § 11362.7, et seq. ( "the Program" or "the Medical Marijuana Program"). The Medical Marijuana Program created a state- approved voluntary medical cannabis identification card program and provided for certain additional immunities from state cannabis laws. The Medical Marijuana Program also authorized cities and other local governing bodies to adopt and enforce rules and regulations consistent with the Program. (7) While the Medical Marijuana Program was intended to clarify the scope of the Act, neither the Federal nor the State government has to date implemented a specific plan "to provide for the safe and affordable distribution of cannabis to all patients in medical need of cannabis," leaving unanswered numerous questions as to how the Compassionate Use Act and Medical Marijuana Program should be implemented, particularly in regard to the distribution of medical cannabis through facilities commonly referred to as medical cannabis dispensaries. (8) The chief purposes of the Compassionate Use Act are: (a) to give Californians the right to obtain and use cannabis in the medical treatment of illnesses for which it provides appropriate relief, as recommended by a physician, and (b) to ensure that patients and their primary caregivers who obtain and use cannabis for medicinal purposes upon recommendation of a physician are not subject to criminal prosecution or sanction. As such, the primary intention of the Compassionate Use Act was to provide seriously ill Californians with the right to use cannabis for medicinal purposes, without facing criminal penalties otherwise imposed under the State law, and not to legalize cannabis for recreational use, legitimize illegal drug use or fuel the market for the illegal drug sales. (9) The Compassionate Use Act is limited in scope, in that it only provides a defense from criminal prosecution for possession and cultivation of cannabis to qualified patients and their primary caregivers. The scope of the Medical Marijuana Program is also limited in that it establishes a statewide identification program and affords qualified patients, Page 2 of 18 persons with identification cards and their primary caregivers, an affirmative defense to certain enumerated criminal sanctions that would otherwise apply to transporting, processing, administering or distributing cannabis. (10) Since the passage of the Compassionate Use Act, the Medical Marijuana Program appears not to have facilitated its stated goals but instead the predominant use of cannabis has been for recreational and not - medicinal purposes. As the report issued by California Chiefs Association on September 2009, entitled "California Chiefs Association Position Paper on Decriminalizing Marijuana" states, "[i]t has become clear, despite the claims of use by critically ill people that only about 2% of those using crude Marijuana for medicine are critically ill. The vast majority of those using crude Marijuana as medicine are young and are using the substance to be under the influence of THC [tetrahydrocannabinol] and have no critical medical condition." California Chiefs Association's Position Paper on Decriminalizing Marijuana (dated September, 2009), see Exhibit C to the Staff Report. This report is also available in the City Clerk's Office. (11) Facilities purportedly dispensing cannabis for medicinal purposes are commonly referred to or known as a medical cannabis dispensary, medical cannabis cooperative, or medical cannabis collective. However, these terms are not defined anywhere in the Compassionate Use Act nor Medical Marijuana Program. Significantly, nothing in the Act or the Program specifically authorizes the operation and the establishment of medical cannabis dispensing facilities. (12) Further, neither the Compassionate Use Act nor Medical Marijuana Program require or impose an affirmative duty or mandate upon local governments, such as the City of Beaumont (`Beaumont" or "City "), to allow, authorize or sanction the establishment and the operation and establishment of facilities dispensing medical cannabis within its respective jurisdictions. Moreover, the Compassionate Use Act did not create a constitutional right to obtain cannabis. (13) Health and Safety Code § 11362.765 specifically prohibits the cultivation or distribution of medical cannabis for profit. (14) Notably, the Act does not abrogate the City's powers to regulate for public health, safety and welfare. Health and Safety Code § 11362.5(b)(2) provides that the Act does not supersede any legislation intended to prohibit conduct that endangers others. And, Health and Safety Code § 11352.83 authorizes cities and counties to adopt and enforce rules and regulations consistent with the Medical Marijuana Program. (15) On August 25, 2008, Edmund G. Brown, the California Attorney General, issued "Guidelines for the Security and Non - Diversion of Marijuana Grown for Medical Use" ( "the Guidelines ") pursuant to Health and Safety Code § 11362.81(d), which authorizes the Attorney General to "develop and adopt appropriate guidelines to ensure the security and non - diversion of cannabis grown for medical use by patients qualified under" the Compassionate Use Act. Nothing in the Guidelines imposes an affirmative mandate or duty upon local governments, such as Beaumont, to allow, sanction or permit the Page 3 of 18 establishment or the operation of facilities dispensing medical cannabis within their jurisdictional limits. (16) In adopting this Zoning Ordinance, the City Council takes legislative notice of the following cases that it finds to be relevant to its actions: People v. Mentch (2008) 45 CalAth 274 [regarding the California Supreme Court's analysis of the limited application and scope of the Act and the Program, and its holding that a "primary caregiver" status requires a specified showing of consistently providing care, independent of any assistance in taking medical cannabis, at or before the time of assuming the responsibility of assisting with medical cannabis]; People ex rel. Lungren v. Peron (1997) 59 Cal.AppAth 1383 [the California Court of Appeal recognizing the limited scope of the Act and the Program, and holding that filling out a form that designates a commercial enterprise as the qualified patient's "primary caregiver" is insufficient to establish a caregiver status]; Ross v. RagingWire Telecommunications, Inc. (2008) 42 CalAth 920 [California Supreme Court holding that an employee may be terminated for the use of medical cannabis]; Claremont v. Kruse (2009) 177 Cal.AppAth 1153 [California Court of Appeal holding that neither the Act nor the Program expressly or impliedly preempt local exercise of land use and zoning police powers]; People v. Mower (2002) 28 CalAth 457 [California Supreme Court holding that the defenses accorded by the Act are limited to "patients and primary caregivers" for the possession and cultivation of cannabis only]; People v. Urziceanu (2005) 132 Cal.App.4th 747 [California Court of Appeal noting that courts consistently have rejected attempts to broaden the scope of the Act and the Program and recognizing that the Act did not create a constitutional right to obtain cannabis]; People v. Hochanadel (2009) 176 Cal.AppAth 1997, California Court of Appeal concluding that the storefront dispensary did not operate within the Act and the Program]; City of Lake Forest v. Moen et al. (Case No. 30- 2009 - 0029887- CU- MC -CJC) [trial court granting Lake Forest's preliminary injunction and finding that (a) a city's power to enact land use or zoning laws, and a city's enforcement of existing local laws is not preempted by the Compassionate Use Act and Medical Marijuana Program; and (b) under Government Code Section 37100, Lake Forest could not have promulgated local regulations allowing the use, sale or distribution of cannabis because cannabis remains an illegal drug under the Federal Controlled Substances Act]. (17) Cannabis remains an illegal substance under the Federal Controlled Substances Act, 21 U.S.C. § 801, et seq. and is classified as a "Schedule I Drug," which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for its use under medical supervision. Further, the Federal Controlled Substances Act, 21 U.S.C. § 841, makes it unlawful for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense cannabis. The Controlled Substances Act contains no statutory exemption for the possession of cannabis for medical purposes. (18) The City Council, in adopting this Zoning Ordinance, takes legislative notice of the following federal cases: United States v. Oakland Cannabis Buyers' Cooperative (200 1) 532 U.S. 483 [finding that there is no medical necessity defense or exemption for the possession of medical cannabis under the federal Controlled Substances Act]; Gonzalez v. Page 4 of 18 Raich (2005) 545 U.S. 1 [holding that under the Commerce Clause of U.S. Constitution, the Congress can prohibit the manufacture, cultivation, distribution and possession of cannabis pursuant to the Federal Controlled Substances Act, even as such prohibitions apply to cannabis manufactured, cultivated, distributed or possessed under the auspices of the Act] and James v. City of Costa Mesa et al. (Case No. SACV 10 -402 AG (MLGx)) [District Court ruling denying plaintiffs' preliminary injunction and finding that medical cannabis users are not qualified individuals under the Americans with Disabilities Act because cannabis remains an illegal drug under the Federal Controlled Substances Act]. (19) The City Council, in adopting this Zoning Ordinance, takes further legislative notice of the existence and content of the following reports concerning the negative secondary effects and adverse impacts of facilities dispensing medical cannabis: "California Police Chief's Association Position Paper on Decriminalizing Marijuana" (September 2009); "White Paper on Marijuana Dispensaries" issued by California Police Chiefs Association's Task Force on Marijuana Dispensaries (April 22, 2009); "City Attorney's Report to the San Diego City Council Committee on Public Safety and Neighborhood Services on Medical Marijuana" (dated July 24, 2009); "Medical Marijuana Dispensaries and Associated Issues" presented to the California Chiefs of Police Association, July through September 2009; "Medical Marijuana Dispensaries and Associated Issues" presented to the California Chiefs of Police Association, April to June 2009; "Medical Marijuana Dispensaries and Associated Issues" presented to the California Chiefs of Police Association, January to March 2009; "Medical Marijuana Dispensaries and Associated Issues" presented to the California Chiefs of Police Association, September to December 2007; "Medical Marijuana Dispensaries and Associated Issues" presented to the California Chiefs of Police Association; "White Paper Medical Marijuana: History and Current Complications ", issued by Riverside County District Attorney's Office, September 2006. These reports are attached to the Staff Report as Exhibits B through J, inclusive. These reports are also on file and available at the City Clerk's Office. (20) In adopting this Zoning Ordinance, the City Council also takes notice of the existence and contents of the various newspaper articles concerning negative secondary effects and adverse impacts of facilities dispensing medical cannabis, identified in the Staff Report as Exhibit K and on file and available at the City Clerk's Office. The City Council finds that these reports are relevant to the problems addressed by the City of Beaumont in enacting this Zoning Ordinance to preserve and safeguard public health, safety and welfare by protecting against the negative secondary effects and adverse impacts of facilities dispensing medical cannabis, and more specifically finds that these reports provide convincing evidence that: (A) There is substantial evidence that other California cities that have permitted the establishment and operation of facilities for the purpose of dispensing medical cannabis have experienced negative secondary effects and adverse impacts, including an increase in crimes of cannabis and narcotics distribution and use; an increase in other criminal activities in the vicinity of these facilities, such as Page 5 of 18 robbery of patients as they go in or leave the dispensaries, increased instances of DUIs and street dealings of illegal drugs; burglary of facilities dispensing medical cannabis; increase in violent crimes, such as armed robberies and murders; loss of trade for other commercial businesses located near these facilities; organized crime involvement in the ownership and operation of cannabis dispensaries; money laundering and firearm violations; physicians making recommendations for questionable or potentially questionable cases of qualified use of medical cannabis; unjustified and fictitious physician recommendations; street dealers in the vicinity of dispensaries offering cannabis at a lower price to arriving patrons; smoking of cannabis in public; increased noise and pedestrian traffic. (B) In light of the negative secondary effects and adverse impacts, described above, the City Council finds that operation of facilities dispensing medical cannabis will burden and strain the City's law enforcement resources, in that law enforcement assistance would often be required to address and respond to various identified criminal activities. (C) California communities, including those in Riverside County, have also experienced the operation of facilities dispensing medical cannabis as negatively affecting minors. For example, medical cannabis dispensaries advertise to high school students by leaving fliers on cars in the students' parking lot and offering discounts on cannabis products; medical cannabis shops target healthy kids as young as 14 years of age through street contacts, suggesting that students obtain medical cannabis cards; high school students are reportedly obtaining physician recommendations to use cannabis for such conditions as sleeplessness and stress; minors are obtaining medical cannabis cards or a physician's recommendation for recreational and non - medicinal purposes. The City Council recognizes the possible harmful effects on children and minors exposed to the negative secondary effects and adverse impacts of facilities dispensing medical cannabis and recognizes the need to adopt this Zoning Ordinance, which will minimize and/or eliminate such exposure. The City Council further recognizes that the threat to minors, children and students in the Beaumont community is even more significant because the community is a small, family- oriented community and any nonconforming medical cannabis cooperatives and collectives will be located in close proximity to public and private schools, as well as youth oriented establishments. (D) California communities, including those located in Riverside County, have reported that the majority of facilities dispensing medical cannabis, purportedly as "cooperatives" or "collectives ", are operating in violation and contrary to the Act and the Program, in that these cannabis dispensing facilities are large money - making enterprises and are generally operating for profit; are engaging in the "sale" of cannabis, instead of distributing or making cannabis available to qualified persons. Page 6 of 18 (E) In addition to the illegal operations of these money - making entities that sell cannabis, California communities have reported concerns over the quality of cannabis, in that certain chemicals including pesticides and insecticides, have been discovered in the cannabis. Recently, testing of certain "medical marijuana" distributed through a dispensary in Los Angeles County revealed high levels of Bifenthrin, a known form of pesticide or insecticide. Most cannabis dispensaries do not test the cannabis for dangerous and poisonous substances, nor are warning labels generally attached. Additionally, the Sheriff's Department has reported an incident involving an allergic reaction by an individual ingesting a food product containing cannabis at one of the cannabis dispensaries operating in a nearby city. The unmonitored, untested and unlabeled distribution of cannabis poses serious health and safety concerns. (F) These reports and experiences from other California cities and counties establish by convincing evidence that facilities dispensing and distributing medical cannabis negatively impact the health, safety and welfare of the community because of the secondary negative effects and adverse impacts described in Subparagraphs (A) - (E), above. (G) Relying on the foregoing, the City Council also finds that facilities dispensing and distributing medical cannabis may lead to the detrimental secondary effects and adverse impacts specifically described in Subparagraphs (A) -(F), above. The City bases this conclusion on the experiences of California communities, including those in Riverside County, which the City Council has a reasonable basis to believe reflect the experiences of its own community. (21) Moreover, persons in the City of Beaumont that may be in need of medical cannabis have access to facilities dispensing cannabis in neighboring cities within Riverside County, and a short car ride away including, but not limited to, the City of Palm Springs. (22) Pursuant to the City's police powers authorized in Article XI, Section 7 of the California Constitution, as well as under the Beaumont Municipal Code, the City Council has the power to regulate permissible land uses throughout the City and to enact regulations for the preservation of public health, safety and welfare of its residents and community. And, pursuant to Government Code § 38771 the City also has the power through its City Council to declare actions and activities that constitute a public nuisance. (23) The City Council finds that neither the Act nor the Program preempt the City's exercise of its traditional police powers in enacting land use and zoning regulations, as well as legislation for preservation of public health, safety and welfare, such as this Zoning Ordinance prohibiting the establishment and operation of medical cannabis cooperatives and collectives within the City. Page 7 of 18 24) The City Council finds that the public health, safety and general welfare of the City and its residents necessitates and requires the adoption of this Zoning Ordinance, prohibiting the establishment and operation of medical cannabis cooperatives and collectives, in order to: (a) protect and safeguard against the detrimental secondary negative effects and adverse impacts of facilities dispensing medical cannabis, as more specifically described in Paragraph 20, above; (b) preserve and safeguard the minors, children and students in the community from the deleterious impacts of medical cannabis facilities; and (c) preserve the City's law enforcement services, in that monitoring and addressing the negative secondary effects and adverse impacts will likely burden the City's law enforcement resources. The City Council further finds that due to the negative secondary effects and adverse impacts of facilities dispensing medical cannabis, the establishment and the operation of these facilities will negatively impact residential uses and neighborhoods of the City, in that Beaumont is a small, family- oriented, residential community. (24) This Zoning Ordinance is consistent with the City of Beaumont General Plan in that the General Plan, its objectives, policies and goals do not permit or contemplate the establishment or operation of medical cannabis cooperatives, collectives or similar facilities that engage solely in dispensing of cannabis for medicinal purposes. Section 3. Amendment of Title 17 (Zoning) of Beaumont Municipal Code Chapter 17.15, entitled "Prohibition or, Alternatively, Regulation of Medical Cannabis Cooperatives or Collectives" is hereby added to Title 17 (Zoning) of Beaumont Municipal Code to read in its entirety as follows: CHAPTER 17.15 PROHIBITION OR, ALTERNATIVELY, REGULATION OF MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES Sections: 17.15.010 Purpose 17.15.020 Definition 17.15.030 Medical Cannabis Cooperatives and Collectives Prohibited 17.15.040 Violation and Enforcement 17.15.050 Medical Cannabis Dispensary Regulations 17.15.010 Purpose. It is the purpose and intent of this Chapter to preclude the opening, establishment and operation of Medical Cannabis Cooperatives and Collectives in the City, unless otherwise provided in this Chapter. Page 8 of 18 17.15.020 Definition. "Medical Cannabis Dispensary" "Medical Cannabis Cooperative" or "Collective" or "Medical Marijuana Dispensary" means any facility or location, whether fixed or mobile, where medical cannabis is made available to, distributed by, or distributed to, one or more of the following: a qualified patient, a person with an identification card, or a primary caregiver, in accordance with California Health and Safety Code section 11362.5 et seq., as amended. A "medical marijuana dispensary" shall not include the following uses, as long as the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life - threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 and 11362.775 et se g.. 17.15.030 Medical Cannabis Cooperatives and Collectives Prohibited. A. Medical Cannabis Cooperative or Collective is not a permitted use and is prohibited in all zones throughout the City. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for the establishment, maintenance or operation of a Medical Cannabis Cooperative or Collective within the City. B. The establishment, maintenance or operation of a Medical Cannabis Cooperative or Collective within the City is declared to be a public nuisance and may be abated by the City either pursuant to Chapter 8.32 of the Beaumont Municipal Code or any other available legal remedies including, but not limited to, declaratory relief and civil injunctions. 17.15.040 Violation and Enforcement. The establishment, maintenance or operation of a Medical Cannabis Cooperative or Collective in violation of or in non - compliance with any of the requirements of this Chapter or applicable provisions of Title 17 (Zoning) or Beaumont Municipal Code shall be subject to any enforcement remedies available under the law and/or Beaumont Municipal Code, including but not limited to Chapter 1.17 and Chapter 8.32. In addition, the City may enforce the violation of this Chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction or by any other means authorized under the law. Page 9 of 18 17.15.050 Medical Cannabis Dispensary Regulations. A. Application. The purpose of this Section is to regulate medical cannabis dispensaries in the event a final decision of the California Court of Appeal or the California Supreme Court determines that a municipality, such as the City of Beaumont, may not completely ban medical cannabis dispensaries from all zones within its jurisdiction. This Section 17.15.050 shall have no force or effect until such time as the prohibition enacted pursuant to Sections 17.15.010 through 17.15.040 of this Chapter is rendered void as a matter of law, as determined by a Court of competent jurisdiction. B. Purpose and Intent. This Section 17.15.050 provides standards for Medical Cannabis Dispensaries, as defined herein. It is the purpose and intent of this Section to regulate medical cannabis dispensaries in order to promote the health, safety, morals, and general welfare of the residents and businesses within the City. It is neither the intent nor effect of this Section to condone or legitimize the use of cannabis. Prior to submitting an application for a Conditional Use Permit, the applicant shall be approved through the qualifying process established by the City Council. In the qualifying process, the items submitted shall include but not be limited to: a resume of experience, proof of assets available, prior Code violations, type of organization, business plan, staffing plan, security plan, and any applicable fees. The Conditional Use Permit application may be submitted concurrently with the permit application to the Police Department as required by Chapter 5.63. C. Definitions. "Cannabis /marijuana" means all parts of the Cannabis plant; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seed or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis clone" means a rooted cutting from a cannabis plant not to exceed 10 inches in height. "Cannabis cloning" means the process of using a root cutting from a cannabis plant to grow a genetically identical cannabis plant. "Collective" means a business, farm, etc., jointly owned and operated by the members of a group that facilitates the collaborative efforts of patients and caregiver members - including the allocation of costs and revenues. "Drug paraphernalia" shall have the same definition as California Health and Safety Code section 11362.5, and as may be amended. Page 10 of 18 "Identification card" shall have the same definition as California Health and Safety Code section 11362.5 et seq., and as may be amended. "Medical Cannabis Dispensary" means any facility or location, whether fixed or mobile, where medical cannabis is made available to, distributed by, or distributed to, one or more of the following: a qualified patient, a person with an identification card, or a primary caregiver, in accordance with California Health and Safety Code section 11362.5 et seq., as amended. "Medical Cannabis Cultivation" means the growing of cannabis for medical purposes as defined in strict accordance with California Health and Safety Code sections 11362.5 and 11362.7 et sec . For the purposes of this Section, the care of clones exceeding 10 inches in height is considered cultivation. "Medical Services (Land Use)" means the facilities that provide personal health services, ranging from prevention to diagnosis, treatment and rehabilitation, by physicians, dentists, nurses, and other health professional personnel, as well as medical testing and analysis services and care facilities (does not include Medical Cannabis Dispensaries). "Person with an identification card" shall have the same definition as California Health and Safety Code section 11362.5 et seq., and as may be amended. "Primary caregiver" shall have the same definition as California Health and Safety Code section 11362.5 et seq., and as may be amended. "Qualified patient" shall have the same definition as California Health and Safety Code section 11362.5 et seq., and as may be amended. "Serious medical condition" shall have the same definition as California Health and Safety Code section 11362.7 et seq. "Statutory Cooperatives" must file articles of incorporation with the state and conduct its business for the mutual benefit of its members (Corp. Code, ' ' 12201, 12300) and register as a corporation under the Corporations or Food and Agricultural Code. (Id. at ' 12311 (b).) The earnings and savings of the business must be used for the general welfare of its members or equitably distributed to members in the form of cash, property, credits, or services. "Written recommendation" shall have the same definition as California Health and Safety Code section 11362.7 et seq. and as may be amended. Page 11 of 18 D. Conditional Use Permit Required. A Conditional Use Permit shall be required for Medical Cannabis Dispensaries. There shall be no more than two (2) valid Conditional Use Permits initially permitted, and no more than one (1) valid Conditional Use Permit per every 25,000 population of the City of Beaumont above 50,000. The population shall be according to the most recent poll by the California State Department of Finance. A Medical Cannabis Dispensary shall not be increased in size (i.e., size, floor area) without prior approval amending the existing Conditional Use Permit. The Conditional Use Permit submittal shall be in compliance with BMC Section 17.02.100. E. Zoning Restrictions. Medical Cannabis Dispensaries shall be conditionally permitted only within the following Zoning Districts, subject to approval of a Conditional Use Permit: "C -G" (General Commercial) "C -C" (Community Commercial) "M" (Manufacturing) F. Separation Standards. 1. No person, whether an owner, principal, agent, clerk, or employee either for himself/herself or any other person, or an officer of a corporation shall place, maintain, own, or operate a Medical Cannabis Dispensary in the following locations: a. within 300 feet of a residentially zoned property or religious institution; b. within 500 feet of a transitional housing facility; and C. within 600 feet of any other Medical Cannabis Dispensary, school (K -12), park, library, child care facility, community center that is attended by minors, adult related use, on -sale bar with general alcohol. 2. The distance between a Medical Cannabis Dispensary and the above - listed uses shall be measured along the path of travel from the front door of the Dispensary to the front door of the building or structure, or portion of the building or structure, in which the above - listed uses occur or are located. In addition to this measurement, no Medical Cannabis Dispensary shall be located within 300 feet of the above- listed uses as measured in a straight line from the front door of the Dispensary to the nearest property line of the other use. Page 12 of 18 G. Security Standards. Dispensaries shall provide for security as follows: I. The entrance into a Dispensary building shall be locked at all times with entry strictly controlled; e.g., a "buzz -in" electronic /mechanical entry system is highly encouraged. A viewer shall be installed in the door that allows maximum angle of view of the exterior entrance; 2. Prior to operation of the Dispensary, a video surveillance system, with at least a seven -day continuous recording capability and approved by the Police Department, shall be installed and archived for at least 30 days. The video surveillance system shall cover the exterior of the premises, including parking areas and all entrances to the building; 3. The operator of the Dispensary shall provide an on -site, Police Department- approved and permitted, State - licensed, uniformed security guard during hours of operation; 4. A Dispensary shall provide the Planning Department and the Police Department with the name, phone number, e-mail address, and facsimile number of an on -site community relations staff person to whom one can provide notice if there are operating problems associated with the use. The Dispensary shall make every good faith effort to encourage neighborhood residents to call this person to try to solve operating problems, if any, before any calls or complaints are made to the City. This number shall be available to the public upon request; 5. Prior to operation of the Dispensary, the location shall have a centrally - monitored alarm system subject to the approval of the Beaumont Police Department; 6. Interior building lighting, exterior building lighting, and parking area lighting shall comply with the Beaumont Municipal Code (BMC) and must be of sufficient foot - candles and color rendition to allow the ready identification of any individual committing a crime on site at a distance of no less than 30 feet (a distance that should allow a person reasonable reaction time upon recognition of a viable threat); 7. The Beaumont Building and Planning Departments, the Beaumont Fire Department, and the Beaumont Police Department may inspect every Dispensary without prior notice during hours of operation to ensure compliance with the provisions of the BMC and are authorized to enforce the provisions of the BMC. Patient records shall remain confidential in compliance with state law; and 8. A Police and Fire Department lock box shall be installed at the entrance to each facility. A key for the business shall be placed in the lock box for Police and Fire Department personnel to use in case of an emergency. Page 13 of 18 H. Operational Standards. 1. No cannabis shall be smoked, ingested or otherwise consumed on or within 300 feet of the premises; 2. Edible cannabis products shall comply with the following standards and shall be in compliance with the California Food, Drug and Cosmetic regulations: a. No edible cannabis products requiring refrigeration or hot - holding shall be manufactured for sale or distribution at a Cannabis Dispensary, due to the potential for foodborne illness. b. Baked medicinal products (e.g. brownies, bars, cookies, cakes), tinctures and other non - refrigerated items are acceptable for manufacture and distribution at Cannabis Dispensaries. C. Preparation of edibles may only be completed in a commercial kitchen inspected by and in compliance with the regulations of the County Environmental Health Department. d. All items shall be individually wrapped at the original point of preparation. Labeling shall include a warning if nuts or other known allergens are used, and must include the total weight (in grams and/or ounces) of cannabis in the package or the weight equivalent of dried cannabis used to manufacture the product. If more than one dose unit is in a package, each unit must be individually labeled. A warning that the item is a medication and not a food must be distinctly and clearly legible on the front of the package and on each unit if more than one unit is contained in the package. The package label must have a warning clearly legible emphasizing that the product is to be kept away from children. The label must also state that the product contains medical cannabis. e. Any edible cannabis product that is made to resemble a typical food product (e.g. brownie, cake) must be packaged in an opaque (non - see - through) package. Packaging that makes the product attractive to children or imitates candy is prohibited. f. Individuals conducting the manufacturing or sale of products shall thoroughly wash their hands before commencing production and before handling the finished product. g. In order to reduce the likelihood of foodborne disease transmission, individuals who are suffering from symptoms associated with acute gastrointestinal illness or are known to be infected with a communicable disease that is transmissible through foodstuffs are prohibited from preparing edible cannabis products until they are free of Page 14 of 18 such illness or disease, or are incapable of transmitting the illness or disease through foodstuffs. Anyone who has sores or cuts on their hands shall use gloves when handling edible products. h. Edible cannabis products for sale or distribution in a Cannabis Dispensary shall have been prepared by a member of that Cannabis Dispensary. No non - member edible cannabis products are allowed for sale or distribution at a Cannabis Dispensary. A business entity that produces edible cannabis products and sells them to a dispensary is prohibited, as a business entity cannot be a member of a Dispensary. 3. A Dispensary shall not hold or maintain a license from the State Department of Alcohol Beverage Control to sell alcoholic beverages, or operate a business that sells alcoholic beverages. Consumption of alcoholic beverages on the grounds of the Dispensary, both interior and exterior, shall be prohibited; 4. A Dispensary shall have an approved air filtration system to filter odors from the facility, ensuring off -site odors shall not result. No cannabis odors shall be evident outside the facility; 5. No medical personnel shall be permitted onsite for the purposes of providing written or verbal recommendations stating the need for the use of medical cannabis to customers of the facility; 6. Minors: a. It shall be unlawful for any permittee, operator, or other person in charge of any Dispensary to employ any person who is not at least eighteen (18) years of age; b. Persons under the age of eighteen (18) shall not be allowed on the premises of a Dispensary unless they are a qualified patient or a primary caregiver and they are in the presence of their parent or guardian; and C. The entrance to a Dispensary shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are prohibited from entering the premises unless they are a qualified patient or a primary caregiver and they are in the presence of their parent or guardian. 7. The hours of operation shall be limited to between 9:00 a.m. and 6:00 p.m.; 8. There shall be no display or sales of drug paraphernalia as defined in California Health and Safety Code section 11362.5; 9. Cultivation of cannabis shall not be conducted within a Medical Cannabis Dispensary; 10. No product shall be visible from the exterior of the building; 11. All product is to be locked and secured at all times; Page 15 of 18 12. The storage or sale of cultivation products (i.e. fertilizers, germicides, plant feed, lighting, irrigation supplies, etc.) is prohibited; and 13. The retail sale of medical cannabis clones may be permitted provided that no cultivation of the clones takes place at the Dispensary. I. Signs and Notices. 1. The building entrance to a Medical Cannabis Dispensary shall be clearly and legibly posted with the building address (building number) and with a notice indicating that smoking, ingesting or consuming cannabis on the premises or within 300 feet of the Dispensary is prohibited; 2. A sign shall be posted in a conspicuous location inside the Dispensary advising "The diversion of cannabis for non - medical purposes is a violation of State law. The use of cannabis may impair a person's ability to drive a motor vehicle or operate machinery. Loitering at the location of a medical cannabis dispensary is prohibited by California Penal Code Section 647(h). "; 3. A "No Smoking" sign shall be posted in a conspicuous location inside the Dispensary, clearly visible for all patrons to see; and 4. No signs other than the address and those required herein shall be permitted on the exterior of the building, with the exception of one identification sign, a maximum of ten -inch tall block letters with no graphics, as permitted by the Planning Commission. Section 4. Reveal of BMC Chapter 5.62 Upon the effective date of this Zoning Ordinance, Chapter 5.62, entitled "Medical Cannabis Dispensaries" is hereby repealed. Section 5. California Environmental Ouality Act Findings Upon independent review and consideration of the information contained in the Staff Report and the Notice of Exemption for this Zoning Ordinance, the City Council hereby finds and determines that the this Zoning Ordinance does not have the potential for causing a significant effect on the environment. Accordingly, the City Council finds and determines that this Zoning Ordinance is exempt from California Environmental Quality Act ( "CEQA ", Public Resources Code § 21000 et seq.) pursuant to the general rule in Section 15061(b)(3) of the CEQA Guidelines (Chapter 3, of Title 14, of the California Code of Regulations) that CEQA applies only to projects which have the potential for causing a significant effect on the environment and thereby the City Council approves and adopt the Notice of Exemption. The City Council further directs Staff to file the Notice of Exemption, as authorized by law. Section 6. Severability Should any provision, section, paragraph, sentence or word of this Ordinance, or any part thereof, is for any reason found to be unconstitutional, invalid or beyond the authority of the City of Beaumont by a court of competent jurisdiction, such decisions shall not affect the validity or effectiveness of remaining portions of this Ordinance. Page 16 of 18 Section 7. Effective Date of the Ordinance In accordance with California Government Code §36937, this Ordinance shall take effect and be in force thirty (30) days from passage and adoption. Section 8. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published and posted as required by law. MOVED AND PASSED upon first reading this March 1, 2011, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Fox, and Castaldo NOES: Council Member Gall ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 15th day of March, 2011, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Deputy City Clerk LM Mayor Page 17 of 18 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 987 duly introduced at a regular meeting of the City Council of the City of Beaumont held on March 2, 2011, and was duly adopted upon a second reading on March 15, 2011, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMONT Deputy City Clerk Page 18 of 18 Agenda Item No. q STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: COMMUNITY AND ECONOMIC DEVELOPMENT DEPT. AGENDA DATA: MARCH 15, 2011 SUBJECT: SOLICITATION ORDINANCE UPDATE — ORDINANCE 992 - FIRST READING EXECUTIVE SUMMARY: An Ordinance to clarify and simplify the existing solicitation procedures with new procedures within the City of Beaumont. RECOMMENDATION: Continue Ordinance 992 that amends Chapter 5.26 "Solicitation" of the Beaumont Municipal Code to the April 19, 2011 meeting. BACKGROUND: As of recently, staff has reviewed and processed several solicitation applications, and it has been realized under this process that the current standards set forth for "Solicitation" under the Beaumont Municipal Code, fails to address several key solicitation policies and conditions of approval. Additionally, this section of the Municipal Code has become somewhat confusing and outdated in terms of the current vision of the City. To highlight some of the current issues with the Code: • Under Section 5.26.050, a permit was not required for local religious or charitable organizations, but for an out -of -town religious or charitable organization they are subject to this review. • Under Section 5.26.040, as it currently exists, a $1000.00 bond may be required to solicit within the City. This requirement may be financial burden for some smaller businesses and/or out of town organizations. li"'" Solicitation Update — Ordinance 992 City Council Staff Report Page 2 Under this new proposed Ordinance, it would clarify and simplify the existing solicitation procedures and make this a fairer process for more people and organizations that wish to solicit the City. To highlight the new areas of this proposed Code: • Any person or organization soliciting would be required to have a permit to ensure that their background history is verified to be cleared for everybody. • The fee for this process may be refunded up to 90% percent per a written request and that the solicitor complies with all the requirements set forth under this section of the Code. • All solicitation materials shall be securely placed at locations, as so they are not blown away by weather events. • All solicitation materials left at residential, industrial, and commercial locations, including parked motor vehicles, be removed within twenty -four (24) hours after placement by the solicitor. Overall, staff believes under this new proposed Ordinance, solicitation procedures will become a more streamline and equitable process to more people and organizations that operate within the City. RECOMMENDATION: Staff recommends that the City Council: 1. Conduct a Public Hearing on the items presented for consideration; and, 2. Continue Ordinance 992 that amends Chapter 5.26 "Solicitation" of the Beaumont Municipal Code to the April 19, 2011 meeting. Respectfully submitted; CITY OF BEAUMONT Chris Tracy, Associate Planner CHAPTER 5.26 SOLICITATION Sections: 5.26.010 Definition 5.26.020 Solicitation Unlawful Without a Permit 5.26.030 Application for Permit to Solicit 5.26.040 Conditions of Issuance 5.26.050 Revocation of Permit to Solicit 5.26.060 Partial Refund of Permit Fees Section 5.26.010 Definition "Solicit" or "solicitation" means to: (1) ask, directly or indirectly, for money, or financial assistance of any kind, including donations, or pledges of donations, or (2) to sell or to offer for sale any product, service, publication, ticket or subscription, or (3) to secure or attempt to secure money or donations of money or property by promoting businesses, sales, fairs, concerts or other services or entertainment; whether any such act occurs on public streets, in any private or public building, house -to- house, or in any public or private place, or (4) to distribute paper, flyers, notices and/or handbills door -to -door to homes and businesses or by placing on parked motor vehicles. Section 5.26.020 Solicitation Unlawful Without a Permit It is unlawful for any person to solicit or to conduct a solicitation, as defined above, without first applying for and receiving a permit to solicit and a business license (if not otherwise exempt under the City's business license rules), both issued by the City. Soliciting without either or both (if applicable) permit shall constitute an infraction and shall be punished as provided in Section 1. 16.030 of the Beaumont Municipal Code. Section 5.26.030 Application for Permit to Solicit Any person desiring to solicit within the City shall submit an application for a permit to solicit on a form issued by the City, and shall pay concurrently therewith an application fee in an amount established from time -to -time by resolution of the City Council. The fee may be partially refunded pursuant to Section 5.26.060. Section 5.26.040 Conditions of Issuance The Chief of Police or his/her designee shall have the authority to impose such conditions as may be reasonably necessary to protect the public health, safety and general welfare of its residents including, without limitation, one or more of the following permit conditions: A. Days and times solicitation is permitted; B. An expiration time and date, not to exceed one (1) year from the date of issuance; C. A requirement that soliciting personnel carry appropriate identification, in a form and content satisfactory to the Chief of Police; D. A requirement that all solicitation materials left at residential, industrial, and commercial locations and on parked vehicles shall be securely placed in a manner that prevents the materials from being scattered by weather events, thereby becoming litter; E. A requirement that all solicitation materials left at residential, industrial, and commercial locations, including parked motor vehicles, be removed within twenty -four (24) hours after placement by the solicitor; F. That the applicant, as a condition of issuance of the permit to solicit, purchase a business license from the City; and G. Such other terms and conditions as the Chief of Police, in his/her sole discretion, may impose in order to adequately protect the public health, safety and general welfare of the citizens of the City of Beaumont. Section 5.26.050 Revocation of Permit to Solicit The Chief of Police, or his/her designee, is authorized to revoke any permit to solicit if the Chief of Police determines, in his/her sole discretion, that any condition of such permit has been violated, or any provision of this Chapter has been violated. Such revocation shall be in addition to the permittee's obligation to pay a fine pursuant to Chapter 1.16 of this Code. In the event of such revocation, no application for a new permit shall be accepted in the 12 -month period following the date of revocation. The permittee may appeal such revocation to the Board of Administrative Appeals pursuant to Chapter 2.30 of this Code. Section 5.26.060 Partial Refund of Permit Fees Provided that the requirements of this Section and the conditions of approval appended to the permit to solicit are strictly complied with, the applicant may request, and shall receive, a refund of 90% of the application fees. Failure to comply with any one requirement or condition shall constitute grounds for refusing a request for refund. 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 5.26 "SOLICITATION" OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 5.26, entitled "Solicitation ", 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: Ordinance 436, codified in Chapter 8.28 ( "Handbill Distribution ") is repealed in its entirety. Section 3: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this day of , 2011, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this day of , 2011, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF BEAUMONT 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 (SEAL) Deputy City Clerk 2 Agenda Item No. 1 • J STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: COMMUNITY AND ECONOMIC DEVELOPMENT DEPT. AGENDA DATA: MARCH 15, 2011 SUBJECT: SPECIFIC PLAN AMENDMENT 10 -SP -03 AND AMENDMENT TO TENTATIVE TRACT MAP NO. 33096 AND FINAL MAP 33096, FOR THE FOUR SEASONS BEAUMONT PROJECT. LOCATED AT THE SOUTHWEST INTERSECTION OF E. 1sT STREET AND HIGHLAND SPRINGS AVE. APPLICANT: K. HOVNANIAN COMPANIES EXECUTIVE SUMMARY: An amendment to the Four Seasons Specific Plan and to Tentative Tract Map 33096 that: • Adds two new single - family housing product lines for the project ranging in size from 1,405 square feet to 2,321 square feet. • Modify Planning Areas 11, 12, 17, 18, and 19 in terms of lot dimensions to accommodate this new housing proposal. • Removes "alley- loaded" driveway configuration in Planning Area 11 for a "street- loaded" configuration. RECOMMENDATION: Approve the amendment to the Four Season Specific Plan 10- SP -03; and, Approve the amendment of Tentative Tract Map 33096 as presented; and Continue Final Map 33096, so that staff can work the applicant to obtain the necessary bonding securities in place for the approval of the Final Map. i Staff Report Tentative and Final Tract Map No. 33096 & Specific Plan Amendment 10 -SP -03 Page 2 BACKGROUND: The Planning Commission considered this item at its March 8' 2011 meeting, with a recommendation of approval to the Council of the proposed changes as described within this report. The Four Seasons Specific Plan was originally known as the 1989 Hovchild Specific Plan and later amended as the Four Season Specific Plan in 2004 and in 2005. This plan provides for a maximum of 2,400 residential units for planning purposes, although engineering studies indicate the expected unit yield to total approximately 1,923 units. The entire project was approved as an "active adult" community, restricted to persons of 55 years of age or greater. The subject site is located westerly of Highland Springs Avenue, with Potrero Boulevard located along the site's northerly boundary. Surrounding land uses include the Sun Lakes residential community in Banning, across Highland Springs Avenue to the east, the Seneca Springs residential community to the west, the Loma Linda Medical Center to the north, and vacant lands and the Potrero Creek open space preserve to the south. The zoning on the property is "SPA" Specific Plan Area. The following analysis discusses the current development of the project in relation to the currently approved Specific Plan and related maps, as well as, what is currently proposed by the project applicant. For reference, the City Council has final approval authority with Specific Plans and subdivision maps. ANALYSIS: Land Use - Under the new proposal the applicant is proposing two new land -use categories with minimum lot sizes of 4,185 and 4,500 square feet respectively. The 4,185 square foot sized lots will be located in Planning Area 11 B, which would increase in size from its current 3,400 square foot configuration; and the 4,500 square foot sized lots will be located in Planning Area 18B, which would increase from the current 4,300 square foot configuration. Staff Report Tentative Tract Map No. 33096 & Specific Plan Amendment 10 -SP -03 Page 3 For Planning Area 17, this area is currently designated for 6,300 minimum square foot lots, and under this proposal this would be reduced to 5,000 square foot lots. For Planning Area 12, this area is currently designated for 5,500 minimum square foot lots, and under this proposal this would be reduced to 5,000 square foot lots. Lastly, for Planning Area 19, the lots would remain the same size, but the product mix would change. Residential Design - In terms of the residential product mix the applicant is proposing two new detached housing series for the project. One will be the 3500 series and the other will be the 4000 series. The square footage would range from 1,405 square feet to 2,321 square feet. The architecture mix will be of Spanish, Italian, Craftsman, and French Country styles. These styles would complement the existing homes within the project. Additionally to summarize the changes product mix: • Planning Area 11B is proposed to change from a detached, alley- loaded "Monarch" single - family home configuration to a street - loaded, single - family home configuration under the new 3500 Series. The alleyways would be eliminated under this new series. • Planning Area 18B is proposed to change from the existing single - family home "Arbor" series to the new single - family detached 3500 Series. • Planning Area 12 is proposed to change from the existing single - family home "Laurel" series to the new single - family detached 4000 Series. • Planning Area 17 is proposed to change from the existing single - family home "Landmark" series to the new single - family detached 4000 Series. Staff Report Tentative and Final Tract Map No. 33096 & Specific Plan Amendment 10 -SP -03 Page 4 • Planning Area 19 is proposed to change from the existing single - family home "Heritage" series to the new single - family detached 4000 Series. Circulation & Traffic - The circulation system, in relation to these proposed changes, would be minimally affected overall. The only noteworthy changes would be the elimination of two alleyways in Planning Area 1113. The homes under this proposal in this planning area would now be served with access from the front streets. Under this new configuration, staff does foresee any issues with this new internal circulation proposal. The Fire Department has reviewed these changes as well, and concurs with staff's analysis of this issue. The overall collection system throughout the project will not be changed. With regards to traffic, a study was prepared under the original proposal which analyzed 2,400 units overall. Under these proposed changes, there is anticipated total dwelling count of 1,923 units, which fall well within this maximum threshold for the project. The traffic impacts would be minimally affected with these changes and it is in staff's opinion that the study remains valid for these proposed changes. Grading/Slopes - In terms of grading and slopes under this proposal, the proposed changes fall within areas that have already been graded and would be minimally affected, if at all, by this proposal. Landscaping - With regards to project landscaping under this proposal, the applicant will be require to adhere to standards set forth under the Guide to California Friendly Landscaping, as well as the City's Landscaping Ordinance that requires water efficient landscaping. Separate landscaping plans will be required as part of the Conditions of Approval by the applicant for staff review of all front -yard, slopes in excess of five feet, and open -space areas. Staff Report Tentative Tract Map No. 33096 & Specific Plan Amendment 10 -SP -03 Page 5 With the proposed changes to the project, staff believes that the Four Seasons community will continue to be developed in a manner that was originally envisioned under the Hovchild Specific Plan, and therefore this proposal should be substantially consistent with prior actions. With regards to the Final Map approval portion of this item, staff is recommending that part of the action be continued, so that staff can work the applicant to obtain the necessary bonding securities in place prior to the approval of the Final Map. ENVIRONMENTAL DOCUMENTATION: From the standpoint of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared and certified 1989 for the Hovchild Specific Plan and an Addendum was prepared in 2004, assessing the environmental impacts of the project and subsequent implementation steps, including the subdivision of the site. Both documents remain valid for use under this application. FINDINGS: In order for the City Council to approve the subject proposal, the following findings are required. 1. The proposed use is substantially consistent with the Beaumont General Plan, and all relevant elements and policies thereof. 2. The proposed subdivision map is substantially in conformance with the revised Four Seasons Specific Plan. 3. The proposed project is consistent with the provisions of Title 17 of the Beaumont Municipal Code, the State Subdivision Map Act, and the City of Beaumont Subdivision Ordinance. 4. An Addendum was certified in 2004 by the City Council relative to the previously certified Environmental Impact Report (EIR), resulting in conclusions that the proposed project will not result in any significant environmental impacts which were not previously disclosed and mitigated; the previously certified EIR prepared in conjunction with the Specific Plan, and the latter Addendum, complies with the requirements of the California Environmental Quality Act; and the project will be responsible for adhering to, and implementing, the mitigation Staff Report Tentative and Final Tract Map No. 33096 & Specific Plan Amendment 10 -SP -03 Page 6 monitoring program adopted by the City for the Hovchild Specific Plan, and updated in the Addendum and remain valid for this application. 5. The proposed project is consistent and compatible with adjoining and surrounding land uses, and with the implementation of the conditions of approval, will be accommodated by the vehicular circulation in the vicinity. 6. The proposed changes to the project will not be detrimental to the health, safety and general welfare of the community. RECOMMENDATION: Staff recommends that the City Council: 1. Hold a Public Hearing; and, 2. Approve the amendment to the Four Season Specific Plan 10- SP -03; and, 3. Approve the amendment of Tentative Tract Map 33096 as presented; and 4. Continue Final Map 33096, so that staff can work the applicant to obtain the necessary bonding securities in place prior to the approval of the Final Map. Agenda Item No. J ` STAFF REPORT TO: PLANNING COMMISSIONERS FROM: CHRIS TRACY ASSOCIATE PLANNER AGENDA DATA: MARCH 8, 2011 SUBJECT: SPECIFIC PLAN AMENDMENT 10 -SP -03 AND AMENDMENT TO TENTATIVE TRACT MAP NO. 33096 AND FINAL MAP 33096, FOR THE FOUR SEASONS BEAUMONT PROJECT. LOCATED AT THE SOUTHWEST INTERSECTION OF E. 1sT STREET AND HIGHLAND SPRINGS AVE. APPLICANT: K. HOVANIAN COMPANIES .......................................... ............................... BACKGROUND: The Four Seasons Specific Plan was originally known as the 1989 Hovchild Specific Plan and later amended as the Four Season Specific Plan in 2004 and in 2005. This plan provides for a maximum of 2,400 residential units for planning purposes, although engineering studies indicate the expected unit yield to total approximately 1,923 units. The entire project was approved as an "active adult" community, restricted to persons of 55 years of age or greater. The subject site is located westerly of Highland Springs Avenue, with Potrero Boulevard located along the site's northerly boundary. Surrounding land uses include the Sun Lakes residential community in Banning, across Highland Springs Avenue to the east, the Seneca Springs residential community to the west, the Loma Linda Medical Center to the north, and vacant lands and the Potrero Creek open space preserve to the south. The zoning on the property is "SPA" Specific Plan Area. The following analysis discusses the current development of the project in relation to the currently approved Specific Plan and related maps, as well as, what is currently proposed by the project applicant. The Planning Commission's action on this matter will be in the form of a recommendation to the City Council, which has final approval authority with Specific Plans and subdivision maps. Staff Report Tentative and Final Tract Map No. 33096 & Specific Plan Amendment 10 -SP -03 Page 2 ANALYSIS: Land Use- Under the new proposal the applicant is proposing two new land -use categories with minimum lot sizes of 4,185 and 4,500 square feet respectively. The 4,185 square foot sized lots will be located in Planning Area IIB, which would increase in size from its current 3,400 square foot configuration; and the 4,500 square foot sized lots will be located in Planning Area 18B, which would increase from the current 4,300 square foot configuration. For Planning Area 17, this area is currently designated for 6,300 minimum square foot lots, and under this proposal this would be reduced to 5,000 square foot lots. For Planning Area 12, this area is currently designated for 5,500 minimum square foot lots, and under this proposal this would be reduced to 5,000 square foot lots. Lastly, for Planning Area 19, the lots would remain the same size, but the product mix would change. Residential Design - In terms of the residential product mix the applicant is proposing two new detached housing series for the project. One will be the 3500 series and the other will be the 4000 series. The square footage would range from 1,405 square feet to 2,321 square feet. The architecture mix will be of Spanish, Italian, Craftsman, and French Country styles. These styles would complement the existing homes within the project. Additionally to summarize the changes product mix: • Planning Area I I B is proposed to change from a detached, alley- loaded "Monarch" single- family home configuration to a street - loaded, single - family home configuration under the new 3500 Series. The alleyways would be eliminated under this new series. Staff Report Tentative Tract Map No. 33096 & Specific Plan Amendment 10 -SP -03 Page 3 • Planning Area 18B is proposed to change from the existing single- family home "Arbor" series to the new single- family detached 3500 Series. • Planning Area 12 is proposed to change from the existing single- family home "Laurel" series to the new single- family detached 4000 Series. • Planning Area 17 is proposed to change from the existing single- family home "Landmark" series to the new single- family detached 4000 Series. • Planning Area 19 is proposed to change from the existing single- family home "Heritage" series to the new single - family detached 4000 Series. Circulation & Traffic - The circulation system, in relation to these proposed changes, would be minimally affected overall. The only noteworthy changes would be the elimination of two alleyways in Planning Area 11 B. The homes under this proposal in this planning area would now be served with access from the front streets. Under this new configuration, staff does foresee any issues with this new internal circulation proposal. The Fire Department has reviewed these changes as well, and concurs with staff's analysis of this issue. The overall collection system throughout the project will not be changed. With regards to traffic, a study was prepared under the original proposal which analyzed 2,400 units overall. Under these proposed changes, there is anticipated total dwelling count of 1,923 units, which fall well within this maximum threshold for the project. The traffic impacts would be minimally affected with these changes and it is in staff s opinion that the study remains valid for these proposed changes. Grading/Slopes - In terms of grading and slopes under this proposal, the proposed changes fall within areas that have already been Staff Report Tentative and Final Tract Map No. 33096 & Speciiic Plan Amendment 10 -SP -03 Page 4 graded and would be minimally affected, if at all, by this proposal. Landscaping - With regards to project landscaping under this proposal, the applicant will be require to adhere to standards set forth under the Guide to California Friendly Landscaping, as well as the City's Landscaping Ordinance that requires water efficient landscaping. Separate landscaping plans will be required as part of the Conditions of Approval by the applicant for staff review of all front -yard, slopes in excess of five feet, and open -space areas. With the proposed changes to the project, staff believes that the Four Seasons community will continue to be developed in a manner that was originally envisioned under the Hovchild Specific Plan, and therefore this proposal should be substantially consistent with prior actions. ENVIRONINIENTAL DOCUMENTATION: From the standpoint of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared and certified 1989 for the Hovchild Specific Plan and an Addendum was prepared in 2004, assessing the environmental impacts of the project and subsequent implementation steps, including the subdivision of the site. Both documents remain valid for use under this application. FINDINGS: In order for the Planning Commission to recommend approval of the subject proposal, the following findings are required. The proposed use is substantially consistent with the Beaumont General Plan, and all relevant elements and policies thereof. 2. The proposed subdivision map is substantially in conformance with the revised Four Seasons Specific Plan. 3. The proposed project is consistent with the provisions of Title 17 of the Beaumont Municipal Code, the State Subdivision Map Act, and the City of Beaumont Subdivision Ordinance. Staff Report Tentative Tract Map No. 34879 Page 5 4. An Addendum was certified in 2004 by the City Council relative to the previously certified Environmental Impact Report (EIR), resulting in conclusions that the proposed project will not result in any significant environmental impacts which were not previously disclosed and mitigated; the previously certified EIR prepared in conjunction with the Specific Plan, and the latter Addendum, complies with the requirements of the California Environmental Quality Act; and the project will be responsible for adhering to, and implementing, the mitigation monitoring program adopted by the City for the Hovchild Specific Plan, and updated in the Addendum and remain valid for this application. 5. The proposed project is consistent and compatible with adjoining and surrounding land uses, and with the implementation of the conditions of approval, will be accommodated by the vehicular circulation in the vicinity. 6. The proposed changes to the project will not be detrimental to the health, safety and general welfare of the community. RECOMMENDATION: Staff recommends that the Planning Commission: 1. Hold a Public Hearing; and, 2. Recommend approval to the City Council amending the Four Season Specific Plan (10- SP -03); and, 3. Recommend approval to the City Council of Tentative and Final Tract Map 33096 as presented. CITY OF BEAUMONT SUBDIVISION CONDITIONS OF APPROVAL AMENDMENT TO TENTATIVE TRACT MAP NO. 33096 (05- TM -06) APN: # 421 -130 -037, 58, 59, 61, 65 -69, 71, 72, 74 -76, 421- 790 -001 to 76, 421 - 800 -001 to 62, 421 -810 -001 to 53, 421 - 820 -001 to 05, 421 -820- 008 to 60, 421 - 820 -062 to 67, 421 - 830 -001 to 82, 421 - 840 -001 to 35, 421- 850 -001 to 45,421-860-001 to 43, 421- 870 -001 to 90, 421 - 880 -001 to 81, 421 - 890 -001 to 50 APPLICANT: K.HOVANIAN COMPANIES 1.0 STANDARD CONDITIONS CITY COUNCIL APPROVAL DATE: March 15, 2011 1.1 The following conditions of approval are for TENTATIVE TRACT NO. 33096 and consist of Conditions 1.1 through 1. 15, Conditions 2.1 through 2.7, Conditions 3.1 through 3.22, Conditions 4.1 through 4.16, Conditions 5.1 through 5. 11, Conditions 6.1 through 6.11, and pages 1 through 13, inclusive. 1.2 The subdivider shall defend, indemnify, and hold harmless the City of Beaumont, its agents, officers, and employees from any claim, action, or proceeding against the City of Beaumont, its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Beaumont, its advisory agencies, appeal boards, or legislative body concerning TENTATIVE TRACT NO. 33096, and the Hovchild Environmental Impact Report, and Addendum thereto, which action is brought within the time period provided for in California Government Code, Section 66499.37. The City of Beaumont will promptly notify the subdivider of any such claim, action, or proceeding against the City of Beaumont and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Beaumont. 1.3 The subdivision shall comply with the State of California Subdivision Map Act and to all the pertinent requirements of The Beaumont Municipal Code, unless modified by the conditions listed below. 1.4 This conditionally approved tentative map and plot plan will expire two (2) years after the original approval date of the tentative map, unless extended as provided by the Beaumont Municipal Code, the State Subdivision Map Act or by a development agreement. Action on a minor change and/or revised map request will not extend the time limits of the tentative map. Approval of the tentative map by the City Council will occur on March 15, 2011. TENTATIVE TRACT MAP NO. 33096 Conditions of Approval Page 2 of 13 1.5 The final map shall be prepared by a licensed land surveyor or registered civil engineer subject to all the requirements of the State of California Subdivision Map Act and The Beaumont Municipal Code. 1.6 Within ten (10) days of approval by the City Council ten (10) copies of an Amended Per Final Conditions map shall be submitted to and approved by the Planning Director, if determined to be necessary, prior to release of the final conditions of approval. The amended map shall be in substantial conformance with the amended Specific Plan. 1.7 Any subsequent review /approvals required by the conditions of approval, including but not limited to grading, landscaping, plot plan and/or building plan review, shall be reviewed on an hourly basis based on, or such fee as may be in effect at the time of submittal, listed in Ordinance No. 506. 1.8 The subdivider shall be fully responsible for maintenance and upkeep of any and all slopes, landscaped areas, open space areas, future development areas and irrigation systems until such time as maintenance responsibilities are assumed by other as approved by the Planning Director. 1.9 The properties contained within Tentative Tract Map 33096 are part of the Four Seasons Specific Plan, approved originally by the Beaumont City Council on June 1, 2004 and later amended on March 15, 2011. The provisions and criteria of the Four Seasons Specific Plan shall control and guide the development of Tentative Tract Map 33096. 1.10 An Environmental Impact Report EIR was prepared and certified for the Hovchild Specific Plan, an Addendum was prepared for the subsequent amendment entitled "Four Seasons Specific Plan ", and a series of mitigation measures were adopted by the City Council to mitigate the potential impacts of the project. All of the mitigation measures set forth in the subject environmental document are herewith established as conditions of approval for Tentative Tract No. 33096. 1.11 If human remains are encountered during grading and other construction excavation, work in the immediate vicinity shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code Section 7070.5. 1.11 In the event that significant Native American cultural resources are discovered during project development/construction, all work in the immediate vicinity shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be retained to assess the find. Work on the overall project may continue during this assessment period. If a Treatment Plan or cultural resources management plan is required, the developer shall be required to have the archaeologist consult with the relevant Native American authority regarding the disposition of any found artifacts. 1.12 The development and uses entitled pursuant to the permit shall comply with the Beaumont Municipal Code and all other applicable City of Beaumont ordinances and state and federal TENTATIVE TRACT MAP NO. 33096 Conditions of Approval Page 3 of 13 codes. 1.13 All subsequent submittals required by these conditions of approval, including but not limited to landscape plans, grading plans, building plans, improvement plans or mitigation monitoring plans, shall be subject to the payment of review fees by the permittee as set forth herein. 1.14 If deemed necessary by the Director of Planning, within thirty (30) days of approval by the Planning Commission ten (10) copies of an Amended Per Final Conditions set of the following Exhibits shall be submitted to the Planning Director and Public Works Director for review approval. Exhibit "A" - Site Plan Exhibit "B" - Grading and Erosion Control Plans Exhibit "C" - Landscape and Irrigation Plans Exhibit "D" - Wall and Fence Plans 1.15 The recommendations and mitigation measures contained in the Traffic Impact Analysis that was prepared by Urban Crossroads shall be incorporated into the design of the Final Map and subsequent development plans, and shall be fully implemented in the constriction of the project, and the respective phases in which the project may be developed. 2.0 AGENCY CONDITIONS 2.1 The subdivider shall comply with the requirements set forth in the City Public Works Director conditions, a copy of which is attached hereto. 2.2 The subdivider shall comply with the requirements of the Beaumont Police Department. 2.3 The subdivider shall comply with the requirements set forth by the City of Beaumont Fire Department. 2.4 The subdivider shall comply with the requirements as set forth by the Beaumont - Cherry Valley Water District. 2.5 The subdivider shall comply with the requirements set forth by Caltrans. 2.6 The subdivider shall comply with the requirements as set forth by the Southern California Gas Company. 2.7 The subdivider shall comply with the requirement as set forth by the Beaumont Unified School District. 3.0 RECORDATION CONDITIONS TENTATIVE TRACT MAP NO. 33096 Conditions of Approval Page 4 of 13 Prior to the RECORDATION of any final map, all the following conditions shall be satisfied: 3.1 The subdivider shall submit written clearances to the Public Works Director that all pertinent requirements from the following agencies have been met: City Fire Department City Police Department City Community and Economic Development Department Beaumont Cherry Valley Water District Beaumont Unified School District 3.2 All public road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Public Works Director. Street names shall be subject to the approval of the Public Works Director. Secondary access shall be offered for dedication and improved from the tract map boundary to a City maintained road as approved by the Public Works Director prior to recordation. The final street sections, configurations and improvements shall be subject to the approval of the Public Works Director. 3.3 All delinquent property taxes, special taxes and assessments shall be paid to the Riverside County Tax Collectors Office. 3.4 Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the Public Works Director. 3.5 Lots created by this subdivision shall comply with the following: a. Lots created by this subdivision shall be in conformance with the development standards of the Four Seasons Specific Plan and the substantial conformance documentation submitted in conjunction with this subdivision map. b. When lots are crossed by public utility easements, each lot shall have a net useable area of not less than 3,400 square feet, exclusive of all easements, with the exception of a three (3) foot public utility easement. 3.6 No lots fronting on knuckles, or cul -de -sacs shall have less than twenty -five (25) feet of frontage measured at the property line, with the exception of flag lots as approved by the Director of Planning. 3.7 Utilities shall be installed underground as approved by the Public Works Director. 3.8 This subdivision may be recorded in phases subject to the following: TENTATIVE TRACT MAP NO. 33096 Conditions of Approval Page 5 of 13 a. Phasing, including phase boundaries and sequences, shall be subject to Planning Director approval. b. Common open space area improvement phasing, shall be required subject to Planning Director approval. 3.9 The subdivider is obligated to provide fully improved park space at a ratio of number of residences x 3.2 persons per household x 5 acres per 1,000 population. Said conditions of approval require park improvements and/or fees ($4 per square foot of required park area), and these requirements shall be applicable on a pro -rata basis for the Four Seasons Specific Plan. The plans for the required park area shall be approved by the City Council prior to recordation of the final map. 3.10 The open space areas described in Condition No. 3.9 and otherwise set forth in the Four Seasons Specific Plan, shall, as applicable, be shown as numbered lots on the final map, shall be improved and offered for dedication to the City /CFD, Homeowners Association or other maintenance entity approved by the Planning Director. 3.11 The subdivider shall comply with the following park, open space and parkway landscaping conditions for open -space areas described in Condition No. 3.9. a. The subdivider shall post a landscape performance bond or other acceptable security approved by the Planning Director which shall be released concurrently with the assumption of the maintenance responsibility by the City, Homeowners' Association or other entity approved pursuant to Condition 3.9. The bond or security shall include ninety (90) days of landscape maintenance costs. b. The subdivider shall file a minor plot plan application including detailed landscaping and irrigation plans for the subject area. The minor plot plan shall require all improvements to be constructed concurrently with the development of the residential lots are part of this tract. 3.12 The subdivider shall convey to the approved landscape maintenance entity fee simple title at no cost to the entity all park and open space areas, free and clear of all liens, taxes, assessment, leases (recorded and unrecorded) and easements, except those easements which in the sole discretion of the entity are acceptable. 3.13 Any open space areas subject to the California Dept. of Fish and Game review, shall be offered to the City of Beaumont in fee, subject to the dedication of a Conservation Easement in favor of the Beaumont Conservation Authority, unless otherwise required by the City of Beaumont or the California Dept. of Fish and Game. TENTATIVE TRACT MAP NO. 33096 Conditions of Approval Page 6 of 13 3.14 The maintenance and management of common open space areas and common facilities shall be conducted as set forth herein and approved by the Director of Planning. All provisions of said condition shall be satisfied prior to map recordation. 3.15 A hydrology study, to the satisfaction of the Public Works Director, shall be prepared and approved prior to recordation. Said hydrology study shall be based upon methodology which is acceptable to the Riverside County Flood Control and Water Conservation District, and shall address the potential impacts of the project, as well as downstream impacts resulting from the project, and shall identify the level of responsibility of the project in correcting any downstream problems. 3.16 The subdivider shall be responsible for the provision of a fair share of the necessary roadway, water, sewer and drainage facilities for the orderly implementation of the Four Seasons Specific Plan and the existing master plans for these facilities. Prior to recordation, the subdivider shall work with the City and the Public Works Director to establish the necessary financing and implementation measures to ensure the provision of a fair share of such necessary facilities. 3.17 The final map shall provide for the establishment of Project and neighborhood Entry Feature(s), as set forth in the design details contained in the Four Seasons Specific Plan. The final map shall reflect the appropriate corner cut -offs to accommodate the required entry treatments. 3.18 A total of 20 final, blue -line, final maps shall be submitted to the Public Works Department for final distribution to the agencies. 3.19 All perimeter walls and/or walls that front streets must be block wall. No wood fencing shall be permitted in this project. 3.20 Covenants, Conditions and Restrictions (CC &R's) shall be prepared for the approval of the Planning Director for this subdivision, and after approval shall be recorded. The CC &R's shall provide for the establishment of a Homeowners' Association (HOA) which shall be responsible for maintaining all interior common elements. 3.21 The maintenance and management of common open -space shall be conducted as set forth herein and approved by the Director of Planning and by a Homeowners' Association (HOA). All provisions of the said condition shall be satisfied prior to map recordation. 3.22 The following changes and modifications to the Tentative Tract Map shall be reflected in the Final Map and in the execution of the project: a. A total landscape parkway width of at least 20 feet shall be provided along Highland Springs Avenue. TENTATIVE TRACT MAP NO. 33096 Conditions of Approval Page 7 of 13 b. A total landscaped parkway width with a minimum average of 20 feet shall be provided along the project's entry roads and interior loop streets. The 20 foot area may include slope areas which are landscaped and sidewalks. 4.0 GRADING CONDITIONS 4.1 Prior to the issuance of GRADING PERMITS, the subdivider shall comply with all the following grading conditions: a. The land divider or developer shall submit five (5) prints of a comprehensive grading plan to the Public Works Director which complies with the 2010 California Building Code and Beaumont Municipal Code. b. A grading permit shall be obtained from the City Public Works Department prior to commencement of any grading. C. Graded land shall be provided with erosion control measures as approved by the Public Works Director. 4.2 Detailed landscaping and irrigation plans shall be submitted to and approved by the Planning Director for the phase of development in process. The plans shall address all areas and aspects of the tract requiring landscaping and irrigation to be installed, including but not limited to, parkway planting, recreation trails, street trees, slope planting, common area and/or park landscaping. The plans shall be certified by a landscape architect, and shall provide for the following: a. Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Low water use systems shall be specified. b. Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. C. All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground wherever feasible. d. Landscaping plans shall incorporate the use of specimen accent trees (24" box minimum) at key visual focal points within the project. e. Where street trees cannot be planted within the right -of -way of interior streets and project parkways due to insufficient road right -of -way, they shall be planted outside of the road right -of -way. f. Landscaping plans shall incorporate native, low water using and drought tolerant plants where appropriate. TENTATIVE TRACT MAP NO. 33096 Conditions of Approval Page 8 of 13 CF. All specimen trees on the subject property shall be shown on grading plans. Trees intended for retention and/or removal shall be so noted on the project grading plans. Replacement trees for those to be removed shall also be shown on the project grading plans. h. All trees shall be minimum double - staked. Weaker and/or slow- growing trees shall be steel- staked. All proposed landscaping shall adhere to the standards set forth under the Beaumont Municipal Code. 4.3 Three (3) sets of detailed landscaping and irrigation plans shall be submitted pursuant to the Conditions of Approval with applicable review fees to Community and Economic Development Department. 4.4 No grading permits shall be issued for any proposed new structures outside the areas shown on the approved tentative map unless otherwise approved by the Planning Director and the Public Works Director. 4.5 If grading is proposed for five (5) or more acres or is part of a larger project that will disturb five (5) or more acres it shall require a National Pollutant Discharge Elimination System ( NPDES) Construction General Permit from the State Water Resources Control Board. Grading permits shall not be issued until the Public Works Director has determined that the project has complied with the current City requirements for compliance with the NPDES Construction General Permit. 4.6 If the project grading is to be phased, prior to issuance of a grading permit, an overall conceptual grading plan shall be submitted to the Public Works Director and Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: a. Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. b. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of December through March. Preliminary pad and roadway elevations. d. Areas of temporary grading outside of a particular phase. 4.7 Driveways shall be designed so as not to exceed a fifteen (15) percent grade. 4.8 The subdivider shall provide evidence to the Public Works Director that all off -site grading TENTATIVE TRACT MAP NO. 33096 Conditions of Approval Page 9 of 13 areas have recorded grading and drainage easements and that maintenance responsibilities have been assigned as approved by the Public Works Director. 4.9 A qualified paleontologist shall be retained by the subdivider for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre -grade meeting between the paleontologist, the City Public Works Director and the grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect, or halt grading activity to allow recovery of fossils. The paleontologist shall submit in writing to the Planning Director the results of the initial consultation and details of the fossil recovery plan if recovery was deemed necessary. 4.10 If required for the project, the subdivider shall pay at his or her sole expense and shall notify the Public Works Director in writing that the appropriate California Department of Fish and Game notification pursuant to Sections 1601/1603 of the California Fish and Game Code has taken place, or obtain an Agreement Regarding Proposed Stream or Lake Alteration" (Section 1601/1603 Permit) should any grading be proposed within or along the banks of any natural watercourse. Copies of any agreement shall be submitted to the Public Works Director with the notification. 4.11 If required for the project, the subdivider shall pay at his or her sole expense and shall notify the Public Works Director in writing that the alteration of any watercourse or wetland complies with the U.S. Army Corps of Engineers (Corps) Nationwide Permit Conditions, or obtain a permit under Section 404 of the Clean Water Act should any grading or construction be proposed within or alongside the banks of the any watercourse or wetland where the Corps has jurisdiction. Copies of any agreements shall be submitted to the Public Works Director along with the notification. 4.12 Grading plans shall be submitted to the Public Works Director for review and approval. The plans shall include an erosion and siltation control element, as necessary, to prevent graded and cleared areas from being eroded, resulting in the transport of sediment into the watercourses and downstream where it may affect downstream properties and habitat. Approval of the grading plans is required to fulfill monitoring requirements of the California Environmental Quality Act (CEQA). 4.13 Any grading plans proposing grading adjacent to or within the open space lots shall be submitted to the Planning Director for review and approval. 4.14 Lots shall be graded to drain to the street with no cross lot drainage permitted. Lot drainage shall be indicated on all grading plans. 4.15 The subdivider shall submit two (2) copies of a soils report to the Public Works Director. The report shall address the soils stability and geologic conditions of the site as approved by the Public Works Director. TENTATIVE TRACT MAP NO. 33096 Conditions of Approval Page 10 of 13 4.16 Detailed grading plans shall fully implement the conceptual details submitted for the treatment of significant slope areas ( in excess of 20 feet vertical height) and shall implement techniques regarding contour and landform grading, landscaping and the creation of organic pockets of landscaping which emulates natural conditions. 5.0 BUILDING CONDITIONS Prior to the issuance of BUILDING PERMITS, all the following conditions shall be satisfied: 5.1 The subdivider shall submit written clearances to the Planning Director that all pertinent requirements from the following agencies have been met: City Public Works Department Beaumont Unified School District Beaumont - Cherry Valley Water District 5.2 Prior to the submittal of architectural building plans and wall and fence plans to the Planning Director, an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce the ambient interior noise levels to 45 Ldn, with particular emphasis on proposed dwelling units located near Highland Springs Avenue, Potrero Blvd., the project entry roads and loop road. The study shall be submitted to the Planning Director for review with review fees and approved recommendations shall be incorporated into the architectural building plans and wall fence plans. 5.3 A detailed wall and fencing plan shall be submitted to and approved by the Planning Director and shall show all project walls and fencing including but not limited to perimeter fencing, side and rear yard fencing, and open space or park fencing. A typical elevation of all walls and fences shall be shown on the wall and fencing plan. Decorative block walls shall be constructed along all side or other yards adjacent to streets, or which are plainly visible, and in locations as may be required by the Planning Director. 5.4 Roof - mounted mechanical equipment shall not be permitted within the subdivision, however, solar equipment or any other energy saving devices shall be permitted with Planning Director approval. 5.5 Building separation between all buildings shall not be less than ten (10) feet. Fireplaces and media niches when connected to fire places may encroach two (2) feet into the side yard setback, however a minimum clear area of (3) feet must be maintained in all instances. 5.6 All utility connections and easements shall be placed underground and shall not encroach into the driveway area unless otherwise approved by the Public Works Director. 5.7 All residential and commercial strictures shall be provided with "four- sided" architectural TENTATIVE TRACT MAP NO. 33096 Conditions of Approval Page 11 of 13 features. With respect to residential structures, this may take the form of edge trim on all exterior doors or windows, or other methods as approved by the Planning Director. 5.8 All residences must have illuminated address numbers. 5.9 Roofing materials shall be in the form of tile roofing. 5.10 A plot plan for all residential buildings, garages and accessory buildings for residential products which are attached, alley - loaded or developed on lots smaller than 4,000 square feet shall be submitted to the Planning Director accompanied by applicable filing fees. a. A final site plan (1 " =30' minimum scale precise grading plan) showing all lots, building footprints, setbacks, walls, fencing, floor plan and elevations of individual lots. b. One (1) color and materials sample board containing precise color texture and material swatches or photographs (which may be from supplier's brochures). Indicate on the sample board the name, address and phone number of the preparer and the project applicant, the tract number, and the manufacturer and product numbers when feasible (trade names also acceptable). C. One (1) set of architectural elevations colored to represent the selected color combinations, with symbols keyed to the color and materials sample board. Brief written color and material descriptions shall be located on the colored elevations. No landscaping or other enhancements shall be shown on the elevations. Enhanced or upgraded rear and side facing architectural features shall be included for dwelling units adjacent to and visible from public roadways. d. Detailed Wall and Fencing plans for the subdivision, including colors, materials and locational details. e. An analysis of on off street visitor parking demand with respect to residential products which are attached, alley loaded or developed on lots smaller than 4,000 square feet, and a plan illustrating that such demands are adequately accommodated in the project. f. Five (5) sets of photographic or color laser prints (8' /z" x l ") of the sample board and colored elevations shall be submitted for permanent filing. 5.11 All residential units shall be served by a minimum of two access points at all times, for proper circulation and emergency vehicle ingress and egress, as approved by the Fire Department. Said access shall include, at a minimum, Highland Springs Avenue and connection to the west via either First Street or Potrero Boulevard. Said access improvements shall be initiated prior to building permit issuance and completed prior to occupancy of TENTATIVE TRACT MAP NO. 33096 Conditions of Approval Page 12 of 13 residential building. 6.0 FINAL INSPECTION /OCCUPANCY CONDITIONS Prior to the FINAL BUILDING INSPECTION or issuance of OCCUPANCY PERMITS, which ever occurs first, all the following conditions shall be satisfied: 6.1 Decorative block and sound walls shall be constructed along all external tract boundaries subject to the approval of the Public Works Director and Planning Director. A graffiti resistant coating or landscaping shall be provided on all block walls. 6.2 Wall and fence locations shall conform to the approved wall fencing plan and approved landscape and irrigation plans. All walls and fences shall be constructed subject to the approval of the Planning Director. 6.3 All lighting shall be in compliance with the City's Outdoor Lighting Ordnance. The Ordinance governs all outdoor lighting, pole mount, wall or building mount, landscape lighting and Parks. Front and rear porch lighting are included on Residential Standards. 6.4 All landscaping and irrigation shall be installed in accordance with approved plans. If the seasonal conditions do not permit planting, interim landscaping, and erosion control measures shall be utilized as approved by the Planning Director and the Public Works Director. 6.5 A licensed landscape architect shall provide a Compliance Letter to the Planning Director and the Public Works Director stating that the landscape and irrigation system has been installed in compliance with the approved landscaping and irrigation plans and conditions of approval. The Compliance Letter shall be submitted at least three (3) working days prior to any final building inspection or issuance of any occupancy permits, whichever occurs first. 6.6 All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by a City field inspection at the direction of the Planning Director. 6.7 All driveways shall be concrete paved. 6.8 The subdivider shall submit to the Planning Director a duly and completely executed agreement with a CFD or other maintenance entity approved by the Planning Director which demonstrates to the satisfaction of the City Attorney, Planning Director and Public Works Director that the subdivider has provided for the dedication and maintenance of landscaping, irrigation and open space areas. 6.9 Access roads, street improvements, all agency requirements, parking areas and security lighting shall be constructed in accordance with approved improvement plans and specifications. TENTATIVE TRACT MAP NO. 33096 Conditions of Approval Page 13 of 13 6.10 Clearance shall be obtained from the Beaumont Fire Department, and all fire protection improvements shall be in place as approved by the Fire Chief. 6.11 The required park facilities shall be completed and issued a final building permit inspection consistent with the phasing schedule to be developed in the implementation of the Recorded Conditions herein. City of Beaumont Fire Department Fire Protection / Planning Department 550 E. 6T" Street, Beaumont CA 92223 FIRE REVIEW PLANNING CASE CONDITIONS OF APPROVAL CASE# 10- SPA -03 and 05 -TM -06 (Revision) APN # TM 33096, 421 - 130 -037, 58, 59, 61, 65 -69, 71, 72, 74- 76,421- 790 -001 to 76, 421 - 800 -001 to 62, 421 - 810 -001 to 53, 421- 820 -001 to 05, 421 - 820 -008 to 60, 421 - 820 -062 to 67, 421 -830- 001 to 82, 421 - 840 -001 to 35, 421 - 850 -001 to 45, 421 - 860 -001 to 43, 421 - 870 -001 to 90, 421- 880 -001 to 81, 421 - 890 -001 to 50. SUBJECT: Four Seasons, K- Hovnanian Homes DATE: 3/1/2011 CONTACT: Chris Courtney PHONE # (909)- 937 -3270 SITE ADDRESS: Southwest corner of Potrero Blvd, and Highland Springs Ave. Specific Conditions: 1. All One and Two family dwellings shall have a 13 -D fire sprinkler system installed regardless of square footage of the structure. Plans shall be submitted to the Fire Protection & Planning Department (only) for review and approval prior to installation of system. 2. Fire department shall review and approve the underground fire line plans, prior to Mylars being made. Provide a sign off signature block on the Mylars saying, "City of Beaumont Fire Department" approved by: Date: 3. Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar problems, fire hydrants shall be provided at spacing not to exceed 1,000 feet to provide for transportation hazards. 4. All conditions below shall apply. (Please read thoroughly) Standard Conditions: With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with City of Beaumont /Riverside County Ordinances and /or recognize fire protection standards: F1. FIRE FINAL - Life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. These conditions will be based on occupancy, use, California Building Code, California Fire Code, and other related codes which are in force at the time of building plan submittal. F2. FIRE FLOW REQUIREMENTS - The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial /residential buildings per CFC Appendix B, Table B105.1. The applicant /developer shall provide documentation to show that a water system exists, and is capable of delivering 1,000 GPM for 2 hour(s) for duration at 20 -PSI residual operating pressure for structures which does not exceed 3,600 square feet. Structures in excess of 3,600 square feet shall not be less than that specified in Table B105.1. Water must be available before any combustible material is placed on the job site. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. Specific requirements for the project will be determined at time of submittal. California Fire Code 2010. F3. ALL WEATHER ACCESS ROAD - Prior to construction and issuance of building permits, all locations where structures are to be built shall have an approved fire department emergency vehicular access road (all weather surface) capable of sustaining an imposed load of 80,000 lbs. Road shall be provided prior to construction, based on street standards approved by the public works director and the Fire Prevention Bureau. CFC Chapter 5, section 503.2.3 F4. 24 FOOT WIDTH, 15 FOOT VERTICAL - Prior to construction and issuance of building permits, fire apparatus access roads shall have an unobstructed width of not less than 24 feet or as approved by the Fire Prevention Bureau and an unobstructed vertical clearance of not less than 15 feet. CFC Chapter 5, section 503.2.1 & RVC Fire Ordinance 787.5 F5. 15 % GRADE - Prior to construction, all roads, driveways and private roads shall not exceed 15 percent grade. Add: Grade transitions shall not exceed Riverside County Fire Department /City of Beaumont apparatus maximum approach and departure angles as determined by the Fire Chief. RVC Fire Ordinance # 787.5 CFC Chapter 5, section 503.2.7 F6. PHASING - If construction is phased, each phase shall provide an approved emergency vehicular access for fire protection prior to any building construction. CFC Chapter 5, section 501.4 F7. DEAD ENDS - Prior to building construction, dead end roadways and streets which have not been completed shall have a turnaround capable of accommodating fire apparatus. CFC Chapter 5, section 503.2.5 F8. U/G WATER PLANS - Prior to issuance of permits, the applicant /developer shall furnish (3) copies of the water system plans to the Fire Prevention Bureau for review. Plans shall be in accordance with Appendix B and Appendix C and section 508.1 of the CFC 2010: * Signed by a registered civil engineer or certified fire protection engineer. * Contain a City of Beaumont approval signature block, with date. * Conform to hydrant type, location, spacing of new and existing hydrants, and a minimum fire flow required as determined by the Fire Prevention Bureau. * The post indicator valve and fire department connection shall be located to the front access side of buildings, fully visible and recognizable from the street or nearest point of fire department vehicle access, and within 200 feet of an approved fire hydrant, and within 50 of an approved roadway or driveway or otherwise approved by the Fire Chief. * Guard posts or other approved means may be required to protect fire department inlet connections from vehicular damage. RVC Fire Ordinance 787.5 section 912.2.1 * After the local water company signs the plans, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system, including fire hydrants shall be installed, and made serviceable prior to and during the time of construction, and accepted by the City of Beaumont Fire Prevention Bureau. CFC Chapter 5, 508, and the National Fire Protection Association 24 sec 1 -4.1 * Existing fire hydrants on public streets are allowed to be available. Existing fire hydrants on adjacent properties shall not be considered available unless fire apparatus access roads extend between properties and easements are established to prevent obstruction of such roads. CFC, Appendix A, & B and NFPA 24 sectionl -4.1 F9. BLUE DOT REFLECTOR - Prior to issuance of Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed on private streets, public streets, and driveways to identify fire hydrant locations in accordance with City & RVC Fire Ordinance 787.5 specifications. F10. RESIDENTIAL NUMBERS - Prior to issuance of Certificate of Occupancy or building final, all residential dwellings shall display street numbers in a prominent location on the street side of the residence in such a position that the numbers are easily visible to approaching emergency vehicles. The numerals shall be not less than four (4) inches in height. CFC Chapter 5, section 505.1 F11. ROOFING - Prior to Certificate of Occupancy or building final, all structures shall have fire retardant roofing materials (Class A & B roofs) as described in section 1504 of the CBC. F12. FUEL MOD PLANS - Prior to issuance of building permits, fuel modification plans "Hazardous Fire Area" shall be submitted to the Fire Prevention Bureau for review and approval for all open space areas adjacent to the Wildland vegetation interface. Any building constructed on lots created by this land division shall comply with the special construction provision. RVC Ordinance 787.5 F13. PAVED ACCESS- - Prior to issuance of the building permit for development, independent paved access to the nearest paved road, maintained by the City shall be designed and constructed by the developer within the public right of way in accordance with City Standards. F14. ANGLE APPROACH - The angle of approach and departure for any means of Fire Department access shall not exceed 1 foot drop in 20 feet, and the design limitations of the fire apparatus of the fire department shall be subject to approval by the AHJ. CFC Chapter 5, section 503.2.7 F15. FIRE SPRINKLERS - Prior to issuance of Certificate of Occupancy or building final, the applicant /developer shall install a 13 -D fire sprinkler system regardless of square footage. Fire sprinkler plans (3) sets shall be submitted to the Fire Prevention Bureau (only) for review and approval prior to installation. No person shall remove or modify any fire protection system installed or maintained under the provisions of the California Fire Code without the approval by the Fire Chief. A Licensed C -16 contractor shall do all the work and /or certification. CFC Chapter 9, section 901.3.1, 903.1 & CBC Chapter 9, section 903.1.1 F16. SAFETY PRECAUTIONS - Approval of the safety precautions for buildings being constructed, altered or demolished shall be required by the Fire Chief in addition to other approvals for specific operations or processes associated with such construction, alteration or demolition. Structure, facilities and conditions which in the opinion of the fire code official, constitute a distinct hazard to life or property. The fire code official is authorized to order the posting of signs in a conspicuous location in each structure. The posting of signs shall not be obscured, removed, defaced, mutilated, or destroyed. F17. FIRE DEPARTMENT INSPECTION APPROVAL - Construction or work for which the Fire Prevention Bureau's approval is required shall be subject to inspection by the Fire Chief and such construction or work shall remain accessible and exposed for inspection purposes until approved. F18. AUTHORITY TO INSPECT - The Fire Prevention Bureau shall maintain the authority to inspect as often as necessary for buildings and premises, including such other hazards or appliances designated by the Fire Chief for the purpose of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to it's spread, or any violation of the purpose or provisions of this code and of any other law or standard affecting fire safety. F19. ALTERATIONS - Any alterations, demolitions, or change in design, occupancy and use of buildings or site will require plan submittal to the Fire Prevention Bureau with review and approval prior to installation. F20. SINGLE FAMILY DWELLINGS - Approved fire prevention standard fire hydrants (6" x 4" x 2 — 2 1/2 ") shall be located at each intersection of all residential streets and spaced no more than 500 feet apart in any direction, and reduced by 100 feet for dead -end streets or roads; with no portion of any lot frontage more than 250 feet from a fire hydrant. Minimum fire flow shall be 1,000 GPM for 2 hours at 20 PSI. Fire flow and flow duration for dwellings in excess of 3,600 square feet shall not be less than that specified in Appendix B, Table B 105.1, RVC 787.5 & CFC Chapter 5, and Appendix C, Table C 105.1 F21. ACCESS /ROAD LENGTH - No cul -de -sac or dead end road length shall exceed one thousand three hundred - twenty (1,320) feet in length. In any hazard fire area of Riverside County, no dead -end or cul -de -sac road shall exceed six hundred -sixty (660) feet in length. The Fire Chief, based on city street standards shall determine minimum turning radius for fire apparatus based upon fire apparatus manufacture specifications. Riverside County Ordinance 787.5, CFC Chapter 5, section 503.2.5 F22. BUILDING OPENINGS - Access to building openings and roofs shall be maintained readily accessible for emergency access by the fire department. Finished grade to be flat and accessible on all sides of the building were ground ladder access is the only means to reach the highest point on the building from the exterior. Obstructions will not be placed as to interfere with ground ladder placement. CFC Chapter 5, section 504.1 & RVC Ordinance 787.5 CITY OF B E A U M O N T 5 5 0 EAST 6TH STREET B E A U M O N T CALIFORNIA 9 2 2 2 3 ( 9 5 1 ) 769 -8520 (951) 769 -8526 FAX PLANNING DEPARTMENT DVELOPMENT REVIEW COMMITTEE TRANSMITTAL SHEET ASSESS PCL NO.: TRACT MAP /PARCEL MAP NO.: 421 - 130 -037, 58, 59, 61, 65 -69, 71, 72, 74-76, TM 33096 421 - 790 -001 to 76,421-800-001 to 62,421-810- 001 to 53, 421 - 820 -001 to 05, 421 - 820 -008 to 60, #2 421 - 820 -062 to 67, 421 - 830 -001 to 82, 421 -840- Resp 001 to 35, 421 - 850 -001 to 45, 421- 860 -001 to 43 421 - 870 -001 to 90, 421 - 880 -001 to 81, 421 -890- 001 to 50 BEAUMONT CASE NO. DATE: RETURN COMMENTS BY: 10- SPA -03 (Specific Plan Amendment) and 2/18/2011 2/28/2011 05 -TM -06 (Tract Map Revision) LOCATION: Southwest corner of Potrero Blvd. and Highland Springs Avenue TRANSMITTED TO: Southern California Edison Southern California Gas Company Cal Trans Verizon Beaumont Building and Safety Beaumont City Manager Economic Development Director RC Waste Management (no plans) Regional Water Quality Control Board BRIEF DESCRIPTION OF PROJECT: Beaumont Transit Department Beaumont Unified School Dist. Beaumont Cherry Valley Water Dist. Beau CV Rec & Parks Dist. Beaumont Library Beaumont Public Works Beaumont Fire Department Beaumont Police Department State Dept. of Fish & Game Specific Plan and Tract Map Amendments to revise the Specific Plan to modify planning area densities with a new Medium Density 4,185 SF & 4,500 SF series, introduce a new product line, and modify widths and lengths of some of the existing single - family lots. Please review the attached tentative map /documents and return your comments or Conditions of Approval NO I-ATER THAN the date noted above. If additional time is needed, please so state in your recommendations or contact the Planning Director by telephone. There is no need to return the exhibit, you may keep it in your files. Should you have any questions, please do not hesitate to contact this department (909) 769 -8520. Mailing Address: City of Beaumont, Planning Department, 550 E. 611, Street, Beaumont, Ca 92223 COMMENTS/RECOMMENDED CONDITI NS OF APPROVAL: (COMMENTS MAY BE ATTACHED) Submitted by: Title: Date: Signature: �1/z STAFFREPORT Agenda Item q •e—, TO: Mayor and Council Members FROM: Community and Economic Development Department DATE: March15, 2011 SUBJECT: Amended Energy and Water Conservation Agreement with Pardee Homes, Inc. Background and Analysis: The proposed Amended Agreement would require Pardee to construct four water quality basins which would treat and artificially recharge approximately 730 acre feet of water per year from storm flows and urban runoff from within the Sundance and Tournament Hills master planned communities. Three of the four basins would be located in Sundance and one in Tournament Hills. Each basin would include design features to naturally treat the water before it is recharged through a fabric media filter and series of rock filled tube wells which would extend 40 -50 feet below the surface. One of the basins that would treat and recharge water from existing developed areas of Sundance would be completed before June 30, 2011. The remaining basins would be completed before June 30, 2015, depending upon the rate of development in areas which are tributary to the basin. The estimated cost to construct the basins is approximately $1.9 Million or $2,550 per acre foot of water that would recharged into the Beaumont Groundwater Basin in perpetuity. The total value of the water reliably conserved and recharged over a period of many years would be approximately $9.5 Million ($13,000 per acre foot x 730 acre feet). The proposed Amended Agreement would also require Pardee to construct water conserving front yards and parkways on 435 lots within Sundance and Tournament Hills. The water conserving landscaping and irrigation systems would significantly exceed existing state and city water conservation standards by saving about 45,000 gallons per year for each home constructed (0.14 acre feet per home or 23% of estimated average demand of 0.6 acre feet per home). The water conservation estimate is based upon actual water savings currently being measured on test lots in Tournament Hills. The cost of installing the water conserving landscaping and irrigation is estimated to be $2,500 more per home than with conventional systems. The total cost to install the landscaping and irrigation systems on 435 lots would be approximately $1.1 Million. In addition, the Agreement would require Pardee to offer homebuyers the option of purchasing energy saving tank -less water heaters and roof - integrated solar energy systems. In order for Pardee to fund the construction of the water and energy conservation facilities and features, the City would agree to waive approximately $12,906 in City fees on 435 lots, plus an additional $1,189.59 for 400 lots left to request permits as of the date of the Agreement for waiver of Recycled Water Fees. The total value of the fees, roughly $6.1 Million, would be reimbursed to the City through the sale of future bonds and/or the levy of a special tax within the Sundance and Tournament Hills communities. Recommendation: Staff recommends APPROVAL of the Amended Agreement and Project Progress Report, and AUTHORIZATION of the Mayor to execute the Amended Agreement and Project Progress Report subject to the authority of the City Attorney to make non - substantive changes. FIRST AMENDMENT TO COMMUNITY FACILITIES DISTRICT, ENERGY AND WATER CONSERVATION AGREEMENT This First Amendment to Community Facilities District, Energy and Water Conservation Agreement is entered into as of March 15, 2011 by and between the City of Beaumont, a municipal corporation organized and existing under the laws of the State of California, (the "City "), and Pardee Homes, a California corporation ( "Pardee "). RECITALS A. Pardee and the City have entered into that certain Community Facilities District, Energy and Water Conservation Agreement dated as of August 17, 2010, (the "Original Agreement "), which is attached hereto as Exhibit "A." B. Pursuant to the Original Agreement, the City agreed to waive certain building permit and mitigation fees otherwise applicable with respect to 435 lots for which building permits are issued within the "Property" (as defined in the Original Agreement) following the effective date of the Original Agreement and Pardee agreed to retrofit and construct certain water quality basins and implement certain energy conservation features to protect water and energy resources. C. Since execution the Original Agreement, the City has adopted Ordinance No. 972 which will impose a mitigation fee on new development to fund certain recycled water facilities which are Critical Facilities to be constructed in accordance with the Comprehensive Public Facilities Financing Program. Pardee and the City now intend to amend Exhibit B to the Original Agreement to include the new recycled water fee applicable to 400 building permits for the Property and to amend the Original Agreement as further provided below. COVENANTS Based on the foregoing Recitals, and for good and valuable consideration, the receipt and sufficiency which are acknowledged, the parties hereby agrees as follows: 1. Incorporation of Recitals. City and Pardee accept the above Recitals as true and correct and incorporate them here and as if they were fully restated. 2. Amendment to Section 4. The first sentence in Section 4 of the Original Agreement is revised to read as follows: "The City shall, from the date of this Agreement through June 30, 2015, waive all mitigation and building permit fees listed on Exhibit `B" hereto applicable the to 435 dwelling units for which building permits are issued within the Property to Pardee, or Pardee's designee, after the effective date of this Agreement." 3. Amendment to Section 12. The following sentence is added to Section 12 of the Original Agreement. 3/8/11 4000.90 #95314 v3 "Pardee shall provide written notice to the City of any assignment of rights under Section 4 of this Agreement, which notice shall include the name of the designated assignee, a description of the assignee's property and the number of dwelling units to be constructed by the assignee to which the fee waiver shall apply." 4. Amendment to Exhibit B. Exhibit B to the Original Agreement shall be deemed amended to include the recycled water fee adopted in accordance with Ordinance No. 972. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. ATTEST: Karen Thompson, City Clerk 3/8/11 4000.90 #95314 v3 2 "CITY" CITY OF BEAUMONT, a municipal corporation organized and existing under the laws of the State of California Brian De Feforge, Mayor " PARDEE" PARDEE HOMES, a California corporation By: Name: Title: By: Name: Title: CITY OF BEAUMONT PROJECT PROGRESS REPORT PARDEE WATER AND ENERGY CONSERVATION AGREEMENT Fund Project Name: Pardee Water and Energy Conservation Source: City Impact Mitigation Fees Project Contract August 17, 2010, First Amendment: Contractors: TBD Date: March 15, 2011 Const. Budget: TBD Subcontractors: See approved CIP Contractor List A &E Budget: As per approved CIP contractor Project Start Date: February, 2010 agreements Report Period: March, 2011 Work Completed During Report Period: Prepared Amended Agreement Problems or Delays During Report Period: No problems or delays. Change Orders: No change orders. City Council Action: Provide legal, planning and engineering support for the Project and levy the special tax to fund authorized facilities otherwise funded by mitigation fees waived. Report Approved by: Mayor's Signature Date of City Council Approval S City of Beaumont 550 East 6th Street Beaumont, CA 92223 (951) 769 -8520 FAX (951) 769 -8526 DATE: March 15, 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. (COUNCIL REQUESTS INCLUDED IN MARCH 15 DISCUSSION) 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. City of Beaumont Decision Packages For the Budget Year 2011 -2012 Council Worksheet Department 3800, RDA Low /Mod Housing Home rehabilitation assistance /Habitat for Humanity Department 9020, PEG (Public Education Government Channel) Fund Video City Council Meetings- Equipment Video City Council Meetings - Annual Operations Department 1200, Administration Move City Council Chambers to the Gym Support Chamber of Commerce Market Night Department 2050, Police Coplink Online Reporting Software- Equipment Coplink Online Reporting Software - Annual Operations Crime Mapping /Automatic Vehicle Locating /GIS Software: Equipment Annual operations Department 2150, Building Inspection Employ, instead of contract, public works inspector Vehicle and equipment for public works inspector Vehicle cameras for 5 code enforcement/building inspector Department 2100, Fire Paramedic upgrade assistance, Calimesa station Department 6050, Parks Restrooms Upgrade at each City Park: Constructed Building Operations- Maintenance Cost Pre - Fabricated Building, Installed Operations- Maintenance Cost Rentals - Annual Cost (50 weekends) 1 of 2 Original Department Request 100,000 100,000 130,000 50,000 180,000 100,000 5,000 105,000 15,000 5,000 100,000 14,000 134,000 100,000 30,000 25,000 155,000 45,000 100,000 8,000 108,000 80,000 8,000 88,000 15,000 Council Priority City of Beaumont Decision Packages For the Budget Year 2011 -2012 Council Worksheet Council Members Program Department 6050, Parks Install Rose Garden in front of City Hall Department 2050, Police New Police Department Building Department 1550, CRC Kitchen Upgrade 2 of 2 Original Department Request 120,000 14,000,000 200,000 Council Priority