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Agendas - May. 03, 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 Workshop Session (5:00 p.m.) Regular Session (6:00 p.m.) Closed Session (after Regular Session) Tuesday, May 3, 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" WORKSHOP Workshop Session to begin at 5:00 p.m. Budget 1) Preliminary General Fund Budget 2) Preliminary Special Funds Budget REGULAR SESSION Regular Session to begin at 6:00 p.m. Place: Civic Center, Room 5 Place: Civic Center, Room 5 Roll Call: Mayor De Forge , Mayor Pro Tern Berg , Council Member Castaldo , Council Member Fox , Council Member Gall_ Invocation: Pledge of Allegiance: Girl Scouts Presentation: Proclamation - Peace Officer Memorial Day Proclamation — Anita Worthen — Volunteer Acknowledgement Adjustments to Agenda: ORAL AND WRITTEN COMMUNICATIONS: Anyone wishing to address the City Council on any matter not on the agenda of this meeting may do so now. The oral communications portion of the agenda is to hear public comments. Anyone wishing to speak on an item on the agenda may do so at the time the Council considers that item. All person(s) wishing to speak must fill out a "Request to Speak Form" and give it to the City Clerk at the beginning of the meeting. The forms are available on the table at the back of the room. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. 1. COUNCIL REPORTS (This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel) a) Mayor De Forge b) Mayor Pro Tern Berg C) Council Member Castaldo d) Council Member Fox e) Council Member Gall 2. CITY MANAGER REPORTS (City of Beaumont Core Values: Treat everyone right; Keep a customer service focus; Effective communication; Present opportunity; Operate like a great business; Eliminate bureaucratic solutions; Embrace positive change) a. Beaumont Charitable Foundation (made up of donations from citizens, employees and contractors) b. Community Information and Local Project Update 1) Economic Development Report & Stimulus Plan Update 2) Budget Update 3) Sales Tax Update C. Calendar of Events 1) May 5, 2011 — Charity Basketball Tournament (MDA Fundraiser) — CRC 2) May 5, 2011 — National Day of Prayer - 7:30 a.m. - CRC 3) May 7, 2011 - Little Miss Beaumont 2011 - CRC 4) May 14 -15, 2011 — Relay For Life — Sports Park 5) May 18, 2011 — "Run for the Wall" 6) May 19, 2011 — Beaumont Chamber of Commerce Burning the Mortgage" 7) May 21, 2011 — Miss Beaumont Queens Pageant - CRC 8) May 26, 2011 — Dedication Ceremony Recognizing for 1St Lt. Joshua M. Palmer /Spc. Michael Dahl, Jr. — Highland Springs Medical Center 9) May 28, 2011 — Breezin' Through Beaumont/Cherry Festival Car Show —Civic Center 10) May 28 — 29, 2011 - 2nd Annual Ho'olaule'a Hawaiian Festival — BCVRPD 11) May 30, 2011 — Memorial Day Ceremony — Beaumont Civic Center 11 am 12) June 2 -5, 2011 — Cherry Festival — Stewart Park 13) June 10, 2011 — Beaumont Municipal Pool opens for the summer 14) June 11, 2011 — Disc Golf Tournament — MDA Fundraiser Event 15) July 4, 2011 — Independence Day Celebration /Concerts in the Park 16) 1St Wednesday of each Month — Beaumont Care Awareness Team 17) 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 April 19, 2011 C. Approval of the Warrant List for May 3, 2011. d. Adoption of Ordinance No. 996 at its 2nd reading — An Ordinance of the City Council of the City of Beaumont, California Amending Chapter 15 of the BMC RE: Building and Construction e. Adoption of Ordinance No. 992 at its 2 "d reading — An Ordinance of the City Council of the City of Beaumont, California Repealing Section 5.26 "Solicitation" and Amending Chapter 5.64 entitled "Commercial Peddlers, Solicitors and Itinerant Merchants f. Adoption of Resolution 2011 -07 — A Resolution of the City of Beaumont in Opposition to the Governor's Realignment Proposal to Shift Adult Parole Programs, Services and Supervision from State to Local Governments g. Denial of Claim — Don Yaryan and Robert E. Schaefer h. Acceptance of Quitclaim Deed to KB Homes to Relinquish City's Interest for Lots in Seneca Springs i. Receive and File the Update on Compliance with Maximum Benefit Requirements 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. 997 — An Ordinance of the City Council of the City of Beaumont, California Amending Sections 8.08.130, 8.28.020, 8.32.520, 8.36.140, 8.46.050, 8.50.100.5B, 9.02.090, 9.04.040, 9.10.050, 9.12.060, 9.22.050, 9.30.030, 9.32.050, 9.36.060, 12.16.120, 12.24.030, 12.28.040, 13.04.160, 13.08.650 and 13.12.020 of the Beaumont Municipal Code (Provides for uniform penalty provision throughout the BMC.) Recommendation: Hold a Public Hearing and approve the 1St reading of Ordinance No. 997 as presented. b. Negative Declaration and Streambed Agreement for the for the Brookside Avenue Bridge Crossing of Noble Creek Recommendation: Hold a Public Hearing, Adopt Negative Declaration No. 11- ND -03, Approve the Project Progress Report and Approve of the Streambed Alteration Agreement with CDFG, Notification No. 1600 - 2010 - 0118 -R6, subject to the authority of the City Attorney to make changes. S. 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 City of Beaumont Proclamation Whereas, The Congress and President of the United States have designated May 15`h as Peace Officers' Memorial Day, and the week in which May 15`h falls as National Police week; and Whereas, the members of the law enforcement agency of the City of Beaumont play an essential role in safeguarding the rights and freedoms of Beaumont; and Whereas, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and Whereas, the men and women of the law enforcement agency of the City of Beaumont unceasingly provide a vital public service; Now, therefore, I, Mayor Brian DeForge of the City of Beaumont, call upon all citizens of Beaumont and upon all patriotic, civic and educational organizations to observe the week of May 15th, 2011, as Police Officer Week with appropriate ceremonies and observances in which all of our people may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. I further call upon all citizens of the City of Beaumont to observe the 15`h day of May, 2011, as Peace Officers' Memorial Day in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes. In witness thereof, I have hereunto set my hand and caused the Seal of the City of Beaumont to be affixed. Brian DeForge, Ma FRI City ofBeaumont Proclamation 5LI Whereas, Anita Worthen moved to Beaumont in 2006 to live closer to her children and grandchildren; and Whereas, Anita became a part of the Chamber of Commerce shortly after moving to Beaumont; and Whereas, Anita immersed herself within the community, not only diving right into the Chamber of Commerce as a volunteer, but reaching out to the community and becoming involved in many different organizations; and Whereas, Anita volunteered at the Chamber of Commerce on a weekly bases, currently serves as the Beautification Awards Chairperson for the Annual State of the City Luncheon, chaired the Candidates forum for both the 2007 and the 2010 local election; and Whereas, Anita is very active in her residential community, Four Seasons, here in Beaumont. Within this community she has served on the Safety and Facilities Committee, starting the Neighborhood Watch Program and is also the President of her Community's "Taste d'Vine Wine Club ". Anita has also recently completed FEMA CERT training (Community Emergency Response Training); and Whereas, Military and Veteran's issues are very personal to Anita. She has volunteered at the USO at the Palm Springs airport for the past 3 years. She is a member of the Veterans of Foreign Wars Desert Edge, Ladies Auxiliary and serves as the current president. She is a life member of the Disabled American Veterans, Ladies Auxiliary, and a member of PASS (Pass Area Supporting Service Members); and Whereas, Anita was chairperson for the Pass Area Veteran's Workshop /Expo for both 2010 and 2011, an event that drew in over 300 veterans and the families. She was also very instrumental in helping launch the 2010 Palm Springs Veteran's Expo. Whereas, Anita was recognized by Assemblyman Paul Cook on March 18, 2011 as "Women of the Year" Now, Therefore, I, Mayor Brian DeForge of the City of Beaumont, on behalf o the City Council would like to thank Anita for all she has done for the community and our Veterans. Mayor DeForge ATTE T: Deputy City Cler nr Agenda Item No. d , k � I STAFF REPORT To: Honorable Mayor and City Council Members From: Community and Economic Development Dept Date: May 3, 2011 Subject: City of Beaumont Economic Stimulus Plan Update Background and Analysis: "Our Job as the City of Beaumont is to create jobs ... the Economic Stimulus Program created jobs." — Alan Kapanicas On February 17, 2009, City Council approved the Beaumont Economic Stimulus Program. The Program included measures to help mitigate negative impacts of the housing downturn including housing affordability, declining home values and job losses tied to construction, commercial and industrial development. As shown on the attached mind map from the program planning stages, City Council approved the Economic Stimulus Program to encourage projects that put people back to work in four areas; homeowners, local business, property owners, and developers. Two functions of the stimulus program were to reduce Development Impact Mitigation fees on new projects, and to cut building permits, grading permits, plan check and inspection fees in half. The City has issued 1,664 permits that have taken advantage of the Economic Stimulus Program. These permits include reduced development impact mitigation fees for new homes and a 50% reduction on building permit, grading permit, plan check and inspection fees. Additionally, the expanded Economic Stimulus Plan Business Expansion, allowed City Council to waive plan check fees, totaling over $5000, required for a general plan amendment and zone change request for a new Pawnbroker business. 630 New R -SF homes have been built since the start of the program. The number of permits that received a 50% reduction in permit fees totals 1,034. Total fees waived or reduced from all 1,664 permits is roughly $3.3 Million dollars. All 1,664 permits issued have met the City Council's goal of creating jobs. The following data table shows the breakdown on the exact number of permits that have benefitted from the Stimulus Programs financial incentives: City Council authorized Dr. John Husing to review new home sales and permit levels to measure the impact of the stimulus plan for the length of the program. His most recent Stimulus Plan report has been attached for your review. Some of the highlights are: • In the 2009 through November 2010 period, Beaumont had $122 million in total permit activity to rank eighth among Riverside County's 26 cities. This represented 5.2% of all permit value in the county despite the city having just 2.0% of the county's population. • Beaumont's permit valuation per person of $3,675 for the 2009 through November 2010 period ranked 3rd in Riverside County after its two wealthiest cities: Indian Wells ($5,781) and Rancho Mirage ($4,692). • Of a total of 1,718 permitted projects, 1,034 or 62.2% were for local smaller projects; 630 were for large development projects or 37.8 %. • Beaumont's Existing Home Sales peaked at a seasonally adjusted 157 units in fourth quarter 2005. They then fell to 70 units by fourth quarter 2007 off by — 54.7 %. As prices came down, sales reached a record 244 seasonally adjusted units in first quarter 2010 and after some fluctuation returned to near that level at 239 units in the first quarter 2011, Only -2.0% from the record. • The Inland Empire's seasonally adjusted existing home sales also peaked in fourth quarter 2005 and their low point was in fourth quarter 2007. The region's decline was much larger than that in Beaumont, falling - 64.4 %. The region's sales then increased to a record in first quarter 2009, a year before Beaumont's peak. In first quarter 2011, Inland Empire sales were down -17.6% from that high level. • "In Beaumont and the IE, it is clear that unlike the existing home market, the new home market is in a deep depression" - Dr. John Husing "For each person working, is one less person facing foreclosure or worrying about to how feed their family" Recommendation: Staff recommends the Report be RECEIVED and FILED by the City Clerk. Respectfully submitted, CITY OF BEAUMONT e Warsinski Community Development Analyst City of Beaumont 550 E. 6th Street Beaumont, CA 92223 (951) 769 -8520 FAX (951) 769 -8526 www.ci.beaumont.ca.us BEAUMONT ECONOMIC STIMULUS PLAN UPDATE February 2009 — February 2011 On February 17 2009, the City Council approved the Beaumont Economic Stimulus Program which contains measures to assist homeowners, businesses, property owners, and developers. The program included the expansion of the Neighborhood Improvement Program (NIP) which allows the City of Beaumont Redevelopment Agency (RDA) to acquire public improvements from property owners by funding up to 80% of the cost to install curb, gutter and sidewalk and fund up to 50% of the processing fees for permits, plan check and inspection of property improvements. As of February 28, 2011, 1,034 permits have been issued for renovations, remodels, and additions to existing buildings and 630 permits have been issued for new single family dwellings. For these 1664 permits total fees waived or reduced total $3,377,548.10. r Total Permits Issued Total : 1664 a !. Total Fees Waived .. r op 5 vggpv yf oa �1 61tr' USS 1 S05 elt A Review of the Impact of Beaumont's Stimulus Measures 2010 John E. Husing, Ph.D. April 22, 2011 Economics & Politics, Inc. 961 Creek View Lane Redlands, CA 92373 (909) 307 -9444 Phone (909) 748 -0620 FAX john@johnhusing.com www.johnhusing.com Review of the Impact of Beaumont's Stimulus Measures Executive Summary A review of new home sales and permit levels appears to indicate that the stimulus measures put into place by Beaumont have had a beneficial impact on residential construction activity in the city. Looking at the new home market: • In 2009, there were 350 permits for new single family residential (SFR) units. This represented 10.2% of all new residential permits in Riverside County and is up from a 7.9% share in 2008. • In 2010, there were 323 permits for new SFR units. That was a slight decline from 2009 but still represented an 8.3% share of the county's activity. • Beaumont's 679 permits represented in 2009 through November 2010 was the second largest number in Riverside County after Menifee, the other major city providing fee incentives to residential builders. • In the 2009 through November 2010 period, Beaumont had $122 million in total permit activity to rank eighth among Riverside County's 26 cities. This represented 5.2% of all permit value in the county despite the city having just 2.0% of the county's population. • Beaumont's permit valuation per person of $3,675 for the 2009 through November 2010 period ranked third in Riverside County after its two wealthiest cities: Indian Wells ($5,781) and Rancho Mirage ($4,692). Other facts about Beaumont's new home market: • The median priced new home (half above, half below) in first quarter 2011 was $241,500, up 9.8% from the second quarter 2010 low of $220,000. However, the level was - 43.8% from the peak of $430,000 in first quarter 2007 during the bubble. The city's median prices is back to the fourth quarter 2003 level, before the steep run -up. • The Inland Empire's median new home price behaved in a similar manner. It reached $270,393 in first quarter 2011, up a slight 0.8% from the recent low of $268,155. However, the first quarter 2011 level was off - 38.2% from its $437,200 peak. The region's new home prices fell from a peak of $430,000 in third quarter 2006, off -36.1% in third quarter 2006. The region's new home median price is back to its first quarter 2003 level, nearly a year before prices started their steep rise. Facts about Beaumont's existing home market: • Sales peaked at a seasonally adjusted 157 units in fourth quarter 2005. They then fell to 70 units by fourth quarter 2007 off by - 54.7 %. As prices came down, sales reached a record 244 seasonally adjusted units in first quarter 2010 and after some fluctuation returned to near that level at 239 units in the first quarter 2011, -2.0% from the record. • The Inland Empire's seasonally adjusted existing home sales also peaked in fourth quarter 2005 and their low point was in fourth quarter 2007. The region's decline was much larger than that in Beaumont, falling - 64.4 %. The region's sales then increased to a record in first quarter 2009, a year before Beaumont's peak. In first quarter 2011, Inland Empire sales were down -17.6% from that high level. • Beaumont's median priced existing home was $180,000 in first quarter 2011. That price was down - 51.2% from the peak of $369,000 in second quarter 2006. The city is now roughly at its fourth quarter 2003 level, just before market prices accelerated. • The Inland Empire's median first quarter 2011 existing home price fell to $174,305, down - 55.4% from a peak of $389,924 in first quarter 2007, off - 55.4 %. The region's median price has returned to its second quarter 2002 level, well before prices took off. Impact Beaumont Stimulus Measures 1 Who benefits from Beaumont's reduction in 40% fees to developers and 50% cuts to smaller local projects? From 2009 through second quarter 2011: • Of a total of 1,668 permitted projects, 1,038 or 62.2% were for local smaller projects; 630 were for large development projects or 37.8 %. • Due to the size of larger projects, $3,286,508 or 97.3% of the total of $3,377,548 in reduced permit fees were related to them. $91,040 was saved on local smaller projects of 2.7% of the total savings. Finally, the share of fees saved: • On large projects was $5,217 on fees of $16,341 per home, an average of 31.9 %. • On smaller local projects, the total fee savings averaged 54.2 %. Impact Beaumont Stimulus Measures Economics & Politics, Inc. 961 Creek View Lane Redlands, CA 92373 (909) 307 -9444 Phone (909) 748 -0620 FAX john@johnhusing.com www.johnhusing.com Review of the Impact of Beaumont's Stimulus Measures John E. Husing, Ph.D. In early February 2009, Beaumont took a variety of actions to deal with the economic impact of the slowdown in housing markets on the city and the inland region. Of these measures, several should have resulted in increased housing and construction permit activity in the city: • Developer Impact Mitigation Fees were temporarily lowered by 40% on residential, commercial and industrial projects. • The Development Impact Mitigation Fee Deferral Program temporarily defers collection of those fees until the final building inspection stage of development. • Beaumont Neighborhood Improvement Program which helps fund public improvements like curbs, gutters and sidewalks for Redevelopment Area (RDA) homeowners was expanded to include homes and firms throughout the city while the assistance level went from 50% to 80% of cost. Also, a 50% reduction on permit fees for a wide variety of property upgrades was instituted as was the availability of RDA loans to firms undertaking Downtown Specific Plan area projects. • Home & Business Improvement and Purchase Assistance Program assists homes and businesses with necessary improvements including those for utility efficiency. With the program now two years old, the question arises as to whether there has been any measurable increase in construction activity in Beaumont as a result of these changes. Approach. As Beaumont is subject to the same market forces affecting every other jurisdiction in the Inland Empire and Riverside County, it is appropriate to examine those areas or to the cities within them. After looking at the history of Beaumont's existing home market, new home market data are used to illustrate what if any advantages these programs have created for the city. This is followed by a discussion of price behavior in the city and in the inland area. Existing Home Sales Behavior. In the existing home market, Beaumont's home sales peaked at a seasonally adjusted 157 units in fourth quarter 2005 during Southern California's housing boom. As the region's very high prices caused markets to falter, the city's sales fell to just 70 units by fourth quarter 2007 off by — 54.7 %. More recently, as prices have come down, sales have roared back reaching a record 244 seasonally adjusted units by first quarter 2010. After some fluctuation, they returned to near that level at 239 units in first quarter 2011 (Exhibit 1). Note: Without seasonal adjustments, the peak of existing homes sales in Beaumont was 250 in second quarter 2010, followed by sales of 219 units in fourth quarter 2010. Interestingly, the Inland Empire's seasonally adjusted existing home sales also peaked in fourth quarter 2005. They also reached their low point in fourth quarter 2007 (Exhibit 2). The region's existing home sales decline was much larger than that in Beaumont, falling - 64.4 %. Meanwhile, the Inland Empire saw its seasonally adjusted sales increase to a record by first quarter 2009, a year before Beaumont's peak. The level was 2.5% above its prior high in late 2005. By contrast, Beaumont's early 2010 record was 55.4% higher than its previous high in 2005. In fast quarter 2011, Inland Empire sales were down - 17.6% from their 2009 peak. At 239 units, Beaumont's first quarter 2011 sales were off just -2.0% from their first quarter 2010 peak. Impact Beaumont Stimulus Measures Exhibit t- Existing Home Sales Beaumont, Seasonally Adjusted, By Quarter, 1988-2011 Il11111111111111 111111!!1!1 1111111111111111111111111111111 1111111 1111111111111111!!!1l�1111111 Put together, sales in Beaumont's seasonally adjusted existing home market fell less steeply than those in the inland region (- 54.7% v. - 64.4 %) during the extreme housing slowdown. It sales subsequently recovered for a year longer than the region. Its most recent peak was higher than its 2005 record by a much greater percentage than for the full inland market (55.4% v 2.5 %). First quarter 2011 sales in Beaumont were just below the city's most recent record level, while the Inland Empire's sales were down substantially from its most recent peak ( -2.0% v.- 17.6 %). New Home Sales Behavior. In the new home market, Beaumont's home sales peaked at a seasonally adjusted 326 units in first quarter 2004 when Southern California's housing boom fast reached the city. Sales subsequently fell to just 34 units by first quarter 2005 before rebounding to 291 units in first quarter 2006. That was when the severe residential downturn began affecting Southern California. Rather than a continuous plunge, however, the city's sales moved down irregularly reaching 135 units in first quarter 2009. They then fell to 72 sales in first quarter 2010 Impact Beaumont Stimulus Measures 3 before jumping to 169 seasonally adjusted sales in second quarter 2010, but falling to just 48 sales in first quarter 2011 (Exhibit 3). Note: Without seasonal adjustments, the peak of existing homes sales was 311 in third quarter 2006. The raw level was at 136 units in second quarter 2010 and 35 sales in first quarter 2011. Source: Dataquick, Economics & Politics, Inc. Seasonality For the Inland Empire, the most recent seasonally adjusted new home peak was in first quarter 2006. After that, sales fell consistently except for a very slight uptick that ended in fourth quarter 2009. The 1,088 new home sales in first quarter 2011 was an historic low for the inland region, down — 90.3% from its peak (Exhibit 4). Beaumont's recent low was — 85.2% below its peak. Even at the current low level, Beaumont's 48 sales were above its recent low of 34 in first quarter 2005. In both markets, it is clear that unlike the existing home market, the new home market is in a deep depression. Impact Beaumont Stimulus Measures 4 Permits. While the Inland Empire's construction industry has had great difficulties in 2009 -2010, it is clear that the building industry regards the Beaumont market as an important one in the future. This is evidenced by the volume of new home permits in the city. In 2009 -2010, the volume was respectively 10.2% and 8.3% of all new Single Family Residential (SFR) permits in Riverside County (Exhibit 5). This was for a city with just 1.6% of the county's population: • In 2009, Beaumont issued 350 of Riverside County's 3,431 SIR permits, a 10.2% share. • In 2010, Beaumont issued 323 of Riverside County's 3,887 SIR permits, an 8.3% share. NUMB 2,333 Bearnord ❑ Share of County 1,454 1,137 1,206 1,036 522 0.6% 10.2% A47 •891 7.096 300 7.991 950 323 8.355 �5% 4.196 97 U.7% • 2 0.02% 8 0.07% 15 0.12% .7196 1997 1998 1999 7000 2101 2002 7003 2004 2005 2006 1007 2008 2009 7010 Smaxe: Cansmutim kdosuy Reseurh Boad Residential developers are thus showing a greater willingness to do business in Beaumont than in the county generally. Looking at cities, Beaumont's 679 permits from 2009 through November 2010 ranked second in Riverside County to Menifee's 710. It has also lowered fees (Exhibit f). xhibit 6 Number of 2009-2010-November e madfiee 1710 Beatmnaao 679 Temecula 605 blyo 479 Pwis 382 Lek* Esi:iaa* 321 Hanet 263 Coachella 212 MMMM o Valley 171 UQur" 147 Wildomae 135 Riverside 116 Paffi Desert 4 Palm syrk s 2 lazd to 75 corms 62 SmRcito 3 Mim Wells 17 Rmaho >l mp 12 Blythe Desert iiat Springs Cathedral City Buming Calirnesa Canyon Lake Source: Camsw=im k ashy Research Board Nmxo Impact Beaumont Stimulus Measures 5 As a small city, an equally impressive fact is that during the period from 2009 to November of 2010, Beaumont had $122 million in total permit valuation. This ranked 8h among the 26 cities of Riverside County (Exhibit 7). When this is converted to the amount of permit valuation per person, Beaumont's $3,675 in valuation for every resident ranked third after Riverside County's two wealthiest cities: Indian Wells ($5,781) and Rancho Mirage ($4,692) (Exhibit 8). Exhibit B.-Per Capita Total Permit Valuation .: Permit Exhibit . 2009-2010 Novembe kkdim Wells ' d- : 2009-2010 November Riverside $4,692 $212 b&M * bdari&e $210 Palm Sprita Temecula $2,650 Patin Desert $164 $2,455 mmm Valley $1,871 $149 $1,703 Hand Temecula $1,578 $141 Celanese PaLn Desert Lake Elskion $127 PaIn Springs $1,263 $1,096 Beannort Coarhelk $995 $122 Paris Corona law id, $109 Rio $792 $91 $732 lamieta Caryo.r Lake $713 $90 Riverside Rardw Mirage Cathedral City $80 La Quku $615 $75 $465 San Jacato Lake Elsinore Source: Construction kdisty Researh Boad dt CA Firma Depatauad Baming $67 Penis $52 Coachella $42 Wild ma $40 Cathedral City $37 kdm Wells $30 Norco $17 SanJaca:.o $15 Cali - sa $10 Blythe $10 CaVort Lake 8 Solace: Coassixuaim kw&Lmy Researh Boad Bartiaig $5 As a small city, an equally impressive fact is that during the period from 2009 to November of 2010, Beaumont had $122 million in total permit valuation. This ranked 8h among the 26 cities of Riverside County (Exhibit 7). When this is converted to the amount of permit valuation per person, Beaumont's $3,675 in valuation for every resident ranked third after Riverside County's two wealthiest cities: Indian Wells ($5,781) and Rancho Mirage ($4,692) (Exhibit 8). Impact Beaumont Stimulus Measures Exhibit B.-Per Capita Total Permit Valuation Riverside . 2009-2010 Novembe kkdim Wells $5,781 R W110 mkw $4,692 BeaaanorR $3,675 bdari&e 1$3,076 Palm Sprita $2,650 Patin Desert $2,455 Hand $1,871 LaQuir" $1,703 Temecula $1,578 Celanese $1,341 Lake Elskion $1,320 WilkMa $1,263 h5b $1,096 Coarhelk $995 Paris $949 law id, $886 moreno Vdw $792 Carona $732 Caryo.r Lake $713 Riverside $701 Cathedral City $700 Norco $615 B41he $465 San Jacato $410 Source: Construction kdisty Researh Boad dt CA Firma Depatauad Baming $182 Impact Beaumont Stimulus Measures Exhibit 9.- Existing Home Prices, Quarterly Beaumont, By Quarter, 1988 -2011 Exhibit 111 -Price Trends. Fxisting Hornes Inland Empire, 1988 -2011, Quarterly Exhibit 11. -New Home Prices, Quarterly Beaumont, By Quarter, 1966 -2011 11 111 I ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■� •',' 1 111 � ■ ■I ..1111, I ■ ■ ■ ■I ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■�Jr`7 ■ ■ ■I Y 1 111 I ■ ■ ■ ■I ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■�� ■�,� ■�� Y 1 1 111 I ■ ■ ■ ■� ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■���...���I��Y •,, 11 Y 11 111 I ■ ■ ■ ■JII ■ ■ ■ ■ ■ ■ ■ ■ ■ ■'r�`�. ■-----�t�l I ■ ■ ■�■I� ■ ■ ■ ■ ■����J i�' ■ ■ ■ ■ ■�1 111' 1 11`' innin ■I���IIWIIl��1 � ��1�1MI�1�■ il�l� ■ ■n�nn�n■ New Home Prices. Beaumont's median priced new home in first quarter 2011 was $241,500, up 9.8% from the second quarter 2010 low of $220,000 but down - 43.8% from the first quarter 2007 high of $430,000 (Exhibit 11). Prices are back to their fourth quarter 2003 level. In this period, the Inland Empire's median new home price behaved similarly. The price was $270,393 in first quarter 2011. That was up a slight 0.8% from the third quarter 2010 low of $268,155 (Exhibit 12). The region's new home prices fell from a peak of $437,200 in third quarter 2006, off — 38.2 %. The region's new home median price is back to its first quarter 2003 level. Note: In both the existing and new home market, the Inland Empire's median price has reached levels farther back in time than what has occurred in Beaumont. Put another way, the city's existing and new home prices have not fallen to levels that occurred as far back in time as for the Inland Empire as a whole. Impact Beaumont Stimulus Measures 8 Who has benefited from Beaumont's reduced fees? Both large developers and local smaller projects have benefitted from Beaumont's reduced construction permit fees. The cuts were 40% for the large developers and 50% for the local smaller projects. In terms of the number of projects that were given lower fees, there were 630 by large developers (37.8 %) and 1,038 local smaller projects (62.2 %). On that criterion, a far greater number of local smaller projects were given fee cuts than the projects by large developers. Given the size of the projects proposed by large developers, it is not a surprise that the $3.2 million in fee savings to them (973 %) was much greater than the $91,040 saved on the local smaller projects (2.7 %)A Finally, the share of fees saved: • On large projects was $5,217 on fees of $16,341 per home or an average of 31.9 %. • On smaller local projects, the total fee savings averaged 54.2 %. Exhibit 12.-Fee Savings By Large Developers and Local Smaller Project, 2009-2011 Year Large Developers Local Smaller Projects Permits Share Saved Fees Share Permits Share Saved Fees Share 2009 293 40.5% $1,528,487 97.7% 430 59.5% $36,352 2.3% 2010 323 38.1% $1,684,988 97.3% 525 61.9% $47,618 2.7% 2011 14 14.4% $73,034 91.2% 83 85.6% $7,070 8.8% Total 630 37.81/6 $3,286,509 97.3% 1,038 62.2% $91,040 2.71/6 Source: City of Beaumont Impact Beaumont Stimulus Measures City of Beaumont 550 East 6th Street Beaumont, CA 92223 (951)769-8520 FAX (951) 769 -8526 DATE: April 199 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) April 5, 2011— Review of staff decision packages and Council requested programs. April 19, 2011 — Staff is in the process of preparing general/special/capital budgets. May 3, 2011 — Preliminary general, special and capital budgets presented to Council. May 17, 2011 — General, special and capital budgets are presented for Council approval. Public hearing is set for June 7, 2011. June 7, 2011— Hold public hearing and adopt 2011 -12 general, special and capital budgets. June 21, 2011 — Final adopted budget document is presented to Council and available to the public via the City website. JY Sales Tax Update First Quarter Receipts f r Fourth Quarter Sales (Oct-Dec-2010) SALES TAX BY MAJOR BUSINESS GROUP Bakers Burgers Banning RV Discount Center Beaumont Ace Home Center Beaumont Gas Mart Beaumont Motorcycles Bed Bath & Beyond Best Buy Chilis Bar & Grill Dollar Tree Food 4 Less Grove 76 Highland Shell Home Depot Building and Construction J W D Angelo Company Kohls Landeros Furniture Oak Valley Chevron Petco Ross Southland Petroleum Arco Staples Stater Bros Verizon Wireless Walgreens Walmart Super Center ■ 4th Quarter 2009 ■ 4th Quarter 2010 19 0 d Restaurants Food Autos Business and and and and Hotels Drugs Transportation Industry REVENUE COMPARISON Three Quarters — Fiscal Year To Date *Reimbursed from county compensation fund Published by The HdL Companies in Spring 2011 www.hdlcompanies.com 1 888.861.0220 2009 -10 2010 -11 Point -of -Sale $2,080,246 $2,292,662 County Pool 219,956 229,859 State Pool 2,008 1,146 Gross Receipts $2,302,210 $2,523,667 Less Triple Flip* $(575,552) $(630,917) *Reimbursed from county compensation fund Published by The HdL Companies in Spring 2011 www.hdlcompanies.com 1 888.861.0220 0312912011 2.22 pm Hinderliter de Llamas and Associates • (909) 861 -4335 • www.hdicompanies.com Page 1 of 6 STATE OF CALIFORNIA - ALL AGENCIES SALES TAX PER CAPITA (POINT OF SALE (1 %) & COUNTY /STATE POOLS) CALENDAR YEAR 2010 Rank Aaencv Tax Per CoPlta Rank Agency Tax Per Caoka 1 Vernon 42,583 51 Colfax 263 2 Industry 31,108 52 Burbank 262 3 Sand City 6,593 53 Barstow 261 4 Colma 4,249 54 Walnut Creek 260 5 Irwindale 2,576 55 Auburn 260 6 Santa Fe Springs 1,100 56 Willits 259 7 Brisbane 1,077 57 Ukiah 259 8 Commerce 958 58 San Rafael 255 9 Signal Hill 838 59 Montclair 251 10 Emeryville 713 60 Mount Shasta 250 11 El Segundo 640 61 Buena Park 250 12 Beverly Hills 611 62 Torrance 249 13 Corte Madera 560 63 Mammoth Lakes 247 14 Bishop 542 64 Pismo Beach 245 15 Sonora 511 65 Taft 245 16 Carmel 448 66 Goleta 244 17 Shafter 438 67 Dixon 243 18 Brea 412 68 Tustin 241 19 Capitola 397 69 Calabasas 239 20 Culver City 390 70 Yountville 238 21 Grass Valley 382 71 Monterey 238 22 Cerritos 362 72 Milpitas 237 23 St. Helena 351 73 Cypress 236 24 Cupertino 340 74 Gilroy 236 25 Eureka 336 75 San Carlos 235 26 Costa Mesa 335 76 Rancho Mirage 234 27 Del Mar 318 77 Carlsbad 233 28 Trinidad 316 78 Temecula 232 29 Westlake Village 314 79 Lakeport 231 30 Ontario 312 80 Yreka 228 31 Buellton 308 81 San Leandro 227 32 Santa Monica 307 82 Paso Robles 227 307 83 Manhattan Beach 226 33 Coming 306 84 Napa Unincorporated 221 34 Los Gatos 220 35 West Hollywood 306 85 Oroville 36 Roseville 306 86 Sonoma 217 37 Palo Alto 296 87 National City 216 38 Santa Clara 292 88 El Centro 216 39 Newport Beach 285 89 Fort Bragg 214 40 Burlingame 280 90 Benicia 211 280 91 San Mateo Unincorporated 210 41 Dinuba 273 92 Redding 209 42 Placerville 272 93 Redwood City 208 43 Palm Desert 208 44 West Sacramento 272 94 Folsom 45 Big Bear Lake 272 95 Alturas 207 46 Pleasanton 271 96 Irvine 204 47 San Luis Obispo 270 97 Orange 204 48 Nevada City 268 98 Mountain View 201 49 Healdsburg 268 99 Cotati 199 50 Dublin 265 100 Red Bluff 199 0312912011 2.22 pm Hinderliter de Llamas and Associates • (909) 861 -4335 • www.hdicompanies.com Page 1 of 6 STATE OF CALIFORNIA - ALL AGENCIES SALES TAX PER CAPITA (POINT OF SALE (1 %) & COUNTY /STATE POOLS) CALENDAR YEAR 2010 031292011 2:22 pm Hinderliter de Llamas and Associates • (909) 861 -4335 • www.hdlcompanies.com Page 2 of 6 Tax Per Capita Rank MO Tax M Ca m Rank ens 198 151 Solvang 162 101 Campbell 198 152 Seal Beach 162 102 Anderson 198 153 Escondido 162 103 Solana Beach 161 104 Pasadena 197 154 Visalia 160 105 Newark 196 155 Bakersfield 159 106 Sunnyvale 195 156 San Francisco 158 195 157 La Quinta 107 Poway 194 158 San Marcos 156 108 Menlo Park 156 109 Palm Springs 191 159 Petaluma 156 110 Camarillo 191 160 Laguna Hills 155 111 El Cajon 190 161 San Mateo 155 112 Thousand Oaks 189 162 San Dimas 155 113 Santa Barbara 189 163 Montebello 154 114 Pleasant Hill 189 164 Point Arena 154 115 Alpine Unincorporated 187 165 Pinole 154 116 Concord 186 166 Encinitas 152 117 Duarte 186 167 Mill Valley 152 118 Sausalito 186 168 Santa Clarita 152 185 169 San Juan Capistrano 119 La Palma 184 170 Jackson 152 120 Angels Camp 184 171 Woodland 152 121 Chico 183 172 Crescent City 151 122 Monrovia 183 173 Loma Linda 151 123 Livermore 182 174 Lake Forest 150 124 Colusa 181 175 Vacaville 150 125 Del Rey Oaks 150 181 176 Larkspur 126 Corona 180 177 Arcadia 149 127 Weed 180 178 Laguna Niguel 148 128 Los Alamitos 179 179 Anaheim 148 129 Avalon 178 180 Laguna Beach 148 130 La Mesa 178 181 Rolling Hills Estates 148 131 Malibu 176 182 Tulelake 148 132 Chino 176 183 Scotts Valley 148 133 Fowler 176 184 San Diego 148 134 Carson 174 185 San Bruno 146 135 Sebastopol 174 186 Rohnert Paris 146 136 Rancho Cordova 170 187 Yuba City 146 137 South San Francisco 170 188 Half Moon Bay 146 138 La Mirada 169 189 Mission Viejo 144 139 Hayward 169 190 Napa 143 140 Ventura 168 191 Norco 143 141 Colusa Unincorporated 143 168 192 South Lake Tahoe 142 Truckee 168 193 Gridley 143 143 Fort Jones 167 194 Santa Cruz 141 144 Arroyo Grande 166 195 Hanford 140 145 South El Monte 166 196 Calistoga 140 146 Willows 165 197 Foster City 140 147 Fountain Valley 163 198 Turlock 139 148 Santa Rosa 163 199 Plymouth 139 149 Indian Wells 163 200 Marysville 138 150 Santa Maria 031292011 2:22 pm Hinderliter de Llamas and Associates • (909) 861 -4335 • www.hdlcompanies.com Page 2 of 6 STATE OF CALIFORNIA - ALL AGENCIES SALES TAX PER CAPITA (POINT OF SALE (1016) & COUNTY /STATE POOLS) CALENDAR YEAR 2010 Rank Anen ,t Tax Per Cap@a Rank Agency Tax Per capita 201 Fremont 138 251 San Ramon 119 202 Novato 138 252 Richmond 119 119 203 Clovis 138 253 Cathedral City 204 Firebaugh 137 254 Fullerton 119 118 205 Berkeley 136 255 Sacramento 117 206 Morgan Hill 136 256 Hawthorne 117 207 Riverside 136 257 Arcata 117 208 Agoura Hills 135 258 Gardena 117 209 Oakdale 135 259 Fontana 116 210 Westminster 134 260 Loomis 115 211 Lemon Grove 134 261 Tehachapi 114 212 Fairfield 134 262 Simi Valley 114 213 Lodi 133 263 Paramount 133 264 Stanislaus Unincorporated 113 214 Victorville 133 265 San Bernardino 113 215 Selma 132 266 Long Beach 113 216 Covina 132 267 Amador Unincorporated 113 217 Santee 131 268 Stockton 113 218 Martinez 131 269 Ripon 112 219 Isieton 131 270 Union City 112 220 Lakewood 112 221 San Jose 131 271 Downey 112 222 Huntington Beach 130 272 Yolo Unincorporated 223 Alhambra 130 273 Hemet 112 112 130 274 Hermosa Beach 224 Salinas 129 275 Windsor 110 225 Lake Elsinore 129 276 Rocklin 110 226 Seaside 129 277 Chula Vista 110 227 Fortuna 129 278 Oxnard 109 228 Albany 128 279 Watsonville 108 229 Fresno 128 280 West Covina 108 230 Tracy 127 281 Riverbank 108 231 Redondo Beach 108 232 La Habra 127 282 Dana Point 107 233 Tulare 127 283 Portola 284 Sacramento Unincorporated 107 234 Glendale 127 10 235 Yucca Valley 127 285 Elk Grove 5 105 236 Morro Bay 127 286 Colton 105 237 Kern Unincorporated 126 287 Ceres 105 125 288 Solano Unincorporated 238 Lathrop 125 289 Danville 105 239 Vista 124 290 Pico Rivera 104 240 San Fernando 104 241 Modesto 124 291 Perris 103 242 Redlands 124 292 Marina 103 243 Upland 123 293 La Verne 103 123 294 Brentwood 244 Ojai 122 295 Orland 103 245 Rancho Cucamonga 120 296 Placer Unincorporated 102 246 American Canyon 102 247 Citrus Heights 120 297 Williams 101 248 Glendora 120 298 Lancaster 101 249 Manteca 120 299 Artesia 100 250 Merced 119 300 Santa Ana Hinderliter de Llamas and Associates • (909) 861 -4335 • www.hdicompanies.com Page 3 orb 0312912011 2:22 pm STATE OF CALIFORNIA - ALL AGENCIES SALES TAX PER CAPITA (POINT OF SALE (1 %) & COUNTY /STATE POOLS) CALENDAR YEAR 2010 Rank Agency Tax Per Coops Rank Agency Tax per Caofta 301 Atascadero 100 351 Imperial 82 302 Millbrae 100 352 Whittier 82 303 Rio Vista 99 353 Daly City 82 304 Murrieta 99 354 Calimesa 82 99 355 San Benito Unincorporated 82 305 Carpinteria 81 306 Rancho Santa Margarita 98 356 Livingston 307 Sutter Unincorporated 98 357 Loyalton 81 308 Coronado 97 358 Hollister 80 309 La Canada Flintridge 97 359 San Anselmo 79 310 Lafayette 97 360 Indio 78 311 Calexico 97 361 Los Altos 78 97 362 Monterey Unincorporated 78 312 El Cerrito 77 313 Ridgecrest 97 363 Kingsburg 314 Belmont 96 364 San Gabriel 77 315 Los Angeles 96 365 Sonoma Unincorporated 77 316 Beaumont 96 366 Grover Beach 77 317 Ferndale 94 367 Yorba Linda 77 318 Palmdale 94 368 Chino Hills 76 319 Garden Grove 94 369 Etna 76 320 Rialto 93 370 Davis 75 321 Madera 93 371 Norwalk 74 322 El Monte 92 372 Lomita 74 323 Pittsburg 92 373 Inyo Unincorporated 73 324 San Clemente 92 374 Pomona 73 325 Placentia 92 375 Dos Palos 73 326 Mariposa Unincorporated 91 376 Mono Unincorporated 72 327 Antioch 91 377 Madera Unincorporated 72 328 Escalon 90 378 Baldwin Park 72 329 Oceanside 90 379 Blythe 71 330 Porterville 89 380 Brawley 71 331 Moorpark 89 381 Claremont 71 332 Clearlake 88 382 Fresno Unincorporated 71 333 Oakland 88 383 Kerman 71 334 Azusa 88 384 Sutter Creek 71 335 Aliso Viejo 87 385 Apple Valley 70 336 Plumas Unincorporated 87 386 Hesperia 70 337 Susanville 87 387 Lawndale 69 338 King City 87 388 Coachella 69 339 Pacific Grove 86 389 San Juan Bautista 68 340 Woodside 86 390 Westmorland 68 341 Vallejo 85 391 San Joaquin 67 342 East Palo Alto 85 392 Hughson 67 343 Stanton 85 393 Grand Terrace 67 344 Atwater 84 394 Rosemead 66 345 Inglewood 84 395 Mendocino Unincorporated 66 346 Alameda 84 396 Cloverdale 65 347 Los Banos 83 397 El Dorado Unincorporated 65 348 San Joaquin Unincorporated 83 398 Lemoore 65 349 Lompoc 83 399 Compton 64 350 Huntington Park 83 400 South Pasadena 64 03/29/2011 2;22 pm Hinderliter de Llamas and Associates • (909) 861 -4335 • www.hdicompanies.com Page 4 of 6 STATE OF CALIFORNIA - ALL AGENCIES SALES TAX PER CAPITA (POINT OF SALE (1 %) & COUNTY /STATE POOLS) CALENDAR YEAR 2010 Rank Agency Tax Per Capita Rank Agency Tax Per Cat) 49 401 Needles 64 451 Shasta Lake 402 Moreno Valley 64 452 Sierra Unincorporated 48 403 Delano 63 453 Bell 48 47 404 Patterson 63 454 Dunsmuir 405 Monterey Park 63 455 Yucaipa 47 62 456 Shasta Unincorporated 46 406 Sanger 407 Humboldt Unincorporated 62 457 Rio Dell 46 62 458 Santa Clara Unincorporated 46 408 Gonzales 45 409 Santa Paula 62 459 Montague 410 Lincoln 61 460 Bell Gardens 45 411 Trinity Unincorporated 61 461 Temple City 45 412 Paradise 61 462 Yuba Unincorporated 44 413 Glenn Unincorporated 61 463 Greenfield 44 414 Menifee 60 464 Adelanto 44 415 Riverside Unincorporated 60 465 San Diego Unincorporated 44 416 San Luis Obispo Unincorporated 60 466 Coalinga 44 417 Galt 60 467 Tulare Unincorporated 43 418 Imperial Unincorporated 60 468 Winters 43 59 469 Los Angeles Unincorporated 43 419 Exeter 420 Orange Unincorporated 59 470 Lynwood 43 421 Tuolumne Unincorporated 59 471 Laguna Woods 43 422 South Gate 58 472 Tiburon 43 423 San Bernardino Unincorporated 57 473 Pacifica 42 57 474 Del Norte Unincorporated 42 424 Banning 41 425 Moraga 57 475 Cudahy 426 Santa Cruz Unincorporated 56 476 Amador City 41 427 Contra Costa Unincorporated 56 477 Santa Barbara Unincorporated 41 428 Fairfax 56 478 Hawaiian Gardens 41 429 Wasco 56 479 Lassen Unincorporated 40 430 Merced Unincorporated 56 480 Rancho Palos Verdes 40 431 San Jacinto 55 481 Port Hueneme 40 432 Fillmore 55 482 Oakley 40 433 Bellflower 54 483 Ventura Unincorporated 40 434 Reedley 54 484 Waterford 39 435 Holtville 54 485 Dorris 39 436 Wheatland 54 486 Desert Hot Springs 38 437 Hercules 53 487 Arvin 38 438 Chowchilla 53 488 Wildomar 37 439 Diamond Bar 53 489 Twentynine Palms 36 440 Lindsay 53 490 Corcoran 36 441 Mendota 53 491 Guadalupe 36 442 Alameda Unincorporated 52 492 Gustine 36 443 Marin Unincorporated 52 493 Butte Unincorporated 36 444 La Puente 52 494 Farmersville 35 445 Lake Unincorporated 51 495 Maywood 35 446 San Pablo 51 496 Highland 35 447 Walnut 51 497 Newman 35 448 Orinda 50 498 Clayton 34 449 Kings Unincorporated 50 499 Villa Park 33 450 Calaveras Unincorporated 49 500 Woodlake 31 03/29M011 P :42 p, Hinderliter de Llamas and Associates • (909) 861 -4335 - www.hdicompanies.com Page 5 of 6 STATE OF CALIFORNIA - ALL AGENCIES SALES TAX PER CAPITA (POINT OF SALE (1 %) & COUNTY /STATE POOLS) CALENDAR YEAR 2010 Rank Apency Tax per Capita Rank Aaencv Tax Per Capta 501 Saratoga 31 520 McFarland 18 502 Portola Valley 31 521 Canyon Lake 15 503 San Marino 30 522 Blue Lake 14 504 Soledad 30 523 Palos Verdes Estates 14 505 Siskiyou Unincorporated 30 524 Orange Cove 14 506 Nevada Unincorporated 29 525 Avenal 13 507 Suisun City 28 526 Ross 13 508 Imperial Beach 27 527 Piedmont 13 509 Modoc Unincorporated 27 528 Calipatria 10 510 Belvedere 27 529 Biggs 9 511 Live Oak 26 530 Los Altos Hills 8 512 Maricopa 25 531 Hidden Hills 5 513 Parlier 23 532 La Habra Heights 5 514 Tehama Unincorporated 23 533 Hillsborough 5 515 Sierra Madre 22 534 Monte Sereno 4 516 lone 22 535 Rolling Hills 2 517 California City 20 536 Bradbury 2 518 Atherton 19 537 Tehama 2 519 Huron 19 538 Eastvale 0 STATE TOTAL 125 0WA12011 2.22 pm Hinderliter de Llamas and Associates • (909) 861.4335 • www.hdicompanies.com Page 6 of 6 mi IN BEACONECONOMICS 2010/11 2011/12 U.S. Real GDP Growth 2.9% U.S. real gross domestic product has shown healthy growth over the past few quarters. Driven by rising con- sumer spending on both goods and services, rising exports, and increased business investment, the economy looks poised to continue its recover over the next two years. The last two quarters should average more than 3 %, which should bring the annual average growth for the 2010/11 year in at close to that rate. California Per Capita Personal Income $ 42,229 California continues to post steady gains in personal income. And, given that population growth has been fairly weak throughout the downturn, this is translating into real increases on a per capita basis. This is being driven by increased nonfarm employment statewide, but it is also being aided by increased hours of work among the already employed. Expect incomes to continue to rise into 2012. California Unemployment Rate 12.4% The unemployment rate in California remains naggingly high. We have seen some slight reductions in recent months, but it remains severely elevated at 12.2 %. Given the gains in employment recently, we predict that the rate will continue to fall gradually. However, unemployment will remain in the double- digits through the end of 2012, and won't get back to "normal" until 2015. California Home Sales 307,896 Home sales have been one reason for the lack of appreciation in addition to the negative price pressure coming from distressed sales. Home sales fell off dramatically in response to the expiration of the federal government's home -buyer tax credits. And, given that jumbo loans and other (non -FHA) financing is still relatively hard to come by, sales should remain soft this year, before picking up again in 2012. U.S. Savings Rate 5.0% In the shadow of the "Great Recession' many Americans came to the realization that a near -zero savings rate was an unsustainable path. As job losses became more severe and asset prices dwindled, savings rates nation- wide grew from less than 1 % to more than 5 %. We forecast healthy savings through the remainder of this fiscal year, but see savings rates declining slightly next year. As tax rates climb again, consumers will have less money to stock away in savings. California Nonfarm Employment 13,953,060 Recent revisions by the EDD show that California had roughly 60,000 additional jobs than previously reported through December. January and February of 2011 brought additional gains that show the labor markets have turned to corner. However, we shed more than 1.3 million jobs during the recession, and it will take time to recover those positions. Employment will continue to grow in 2012, but at a modest pace. California Median Home Price $ 252,000 Although most of the pain in California's housing market has already been borne by the state, the recovery is leaving much to be desired. Home prices have been relatively flat (or even declining slightly) across the state. The large inventory of distressed properties has been a drag on home prices, and there are still many of these homes that must be worked out of the system. We expect minimal growth over the next year as these issues are worked through. California Single - Family Building Permits 27,862 �� Given that home prices and sales are expected to remain weak, it is unsurprising that we have seen little in the way of new residential construction. 2010 saw only 25,000 new residential units permitted in California, and indications from the first few months confirm that this sector will be substantially lagging the recovery on the retail, income, and employment sides. We expect that by next year, some of the inventory will have been absorbed and builders will re -enter the market with caution. Beacon Economics www.BeaconEcon.com 2010/11 2011/12 Auto/Transportation 5.6% The average age of light duty vehicles in the U.S. is now at 10.2 years; the highest reported since 1995. In- creased pent up demand plus easing credit availability is resulting in higher than previously anticipated sales. Analysts predict that rising fuel prices combined with parts shortages and temporary manufacturing interrup- tions, caused by Japan's earthquake and tsunami will push up prices on compact and mid -sized cars - the most favored models during periods of high fuel prices. Building /Construction Construction spending is at its lowest level in over a decade and at half the pace usually associated with a healthy building sector. Declining home prices, swelling supplies of vacant and unsold properties and govern- ment cut -backs will continue to suppress construction related revenues and be a drag on the economy through 2012 -13. Business /Industry 6.1 The solid recovery in business and industry is expected to continue with companies replenishing inventories and investing in new technology and equipment. Demand from China and other emerging markets continue to boost exports of U.S. made goods. Local gains will be industry and agency specific though use tax on equip- ment leases and out of state purchases will be spread more widely in the form of higher county pools alloca- tions. Food/Drugs Growing competition from discounters, dollar and speciality stores are drawing more of the taxable sales associ- ated with grocery and drug chains into the general consumer goods segment. Sales tax revenues from tradi- tional grocery and drug stores are exhibiting little growth and are expected to remain flat. Fuel /Service Stations 13.5% Increased demand from a recovering economy and production uncertainties caused by political unrest in the Middle East and North Africa are raising fuel prices to levels not seen since 2008. Prices are not expected to peak until summer with average costs reaching $4.40 per gallon. General Consumer Goods EW 3.5% Increased employment in the higher paid professional, scientific and technical sectors, stock market gains and historically low income taxes have the wealthy five percent who account for 37% of consumer spending boost- ing receipts from high end and luxury goods. However, increased costs of food and gas are expected to keep growth in the middle and lower priced retail segments at relatively modest levels. Restaurants /Hotels MME2.3% Business travel is on the rise and consumers are spending more on dining out although higher fuel prices are expected to pare the rate of increase in 2011 -12. Analysts expect the growth to be primarily in the quick and casual service restaurant segments. State and County Pools 6.5% Recent strong gains in statewide county use tax pool receipts are likely to continue due to a rising number of private vehicle sales and upswings in equipment leases and out of state purchases of business equipment and supplies. Out of state purchases under $500,000 are allocated via the use tax pools rather than to place of use. TOTAL* * For Proposition 172 allocations which are distributed on a federal fiscal year basis, the gains are esti- mated at 6.1% and SAW HdL Companies www.hdlcompanies.com �.C".I PRESS RELEASE DATE: 4/26/2011 CONrACr: Ashley Thompson FOR IMMEDIATE RELEASE ahompson@ci.beaumont.ca.us (951) 769 -8520 Charity Basketball Tournament Set For May 5th Beaumont, CA —On Thursday, May 5, 2011, the City of Beaumont will host a basketball tournament to benefit the Muscular Dystrophy Association (MDA). Tip -off will be at 6 p.m. at the Albert A. Chatigny Sr. Community Recreation Center (CRC), located at 1310 Oak Valley Parkway. Competing teams are the City of Beaumont Grounds Department, Beaumont Police Department, Beaumont Fire Department, Beaumont Cherry Valley Recreation and Parks District, Beaumont High School Varsity Boys /Girls Basketball Team and the Beaumont High School staff. Tickets are on sale for $ 5 per person. Tickets include entrance into the event and one raffle ticket. Food and drinks will be available for purchase. Pre -sale tickets can be purchased at the Beaumont Civic Center, located at 550 E. 6th Street, and the Albert A. Chatigny Sr. Community Recreation Center. Tickets may also be purchased at the door on the day of the event. Proceeds from this event will benefit the Muscular Dystrophy Association (MDA). The basketball tournament is one of many City sponsored events through out the year that support MDA and the fight against neuromuscular diseases. The next scheduled event will take place on June 11 th when the City hosts a Disk Golf Tournament at Oak Valley Park in hopes of raising additional funds for MDA. City of Beaumont - 550 E. 6th Street • Beaumont - CA • 92223 - (951) 769 -8520 Teams Competing Include: Beaumont Grounds Department, Beaumont Parks & Rec. District Beaumont Police Department, Beaumont Fire, Beaumont High Varsity Boys /Girls & Beaumont High Teachers WONSORED BY G7�1/eaWayS Food & Drinks Come support your teaml NO WILL C NA 1 NATIONAL DAYOF PRAYER Highland Springs Fellowship M 5297 W. Wilson Street Banning, CA 92220 951- 845 -1366 March 30, 2011 Dear Friend in Government, Greetipgs! As you may know, the first Thursday in May is designated as the National Day of Prayer. We, the Pastors of the Pass Area, cordially invite you to a Mayoral Prayer Breakfast, to be held on May 5, 2011 at 7:30 a.m. at Albert A. Chatigny Sr. Community Recereation Center, 1310 Oak Valley Parkway, in Beaumont. Would you please take time from your busy schedules to fellowship with us and allow us to pray for you? We are so greatful for your service and would like to take this time to appreciate you. Please R.S.V.P. by May 1St to 951- 845 -1366. Sincerely, Rev. Jerry Westholder Pastor Highland Springs Fellowship Rev. Keith Short Pastor Beaumont First Assembly 99 i �. Ad .0--, L a cc e s mere's your c440tce to: v Be a Queem or a Princess!!! If Ride im Parades�!'� IV get imVoeved im your colm"Jumity �►-- V barn CONIO/1unity service flours r Be a par( of So"tie14ing t44t shay AOep you earn SCAoeargAip "homey for codeege!!! ,S `m mtmt wide is J3eaanwnt at 6e efvc wed is the J3eaunulnt Schad Obkid M 64,k 13 20,11 � QUa0K k f f oste&By. Th& CUy of — 1 st Meet'uu Monday, 4pt,2' O4, 201.1 5.'30 Pal & di&r4 l -tA Ch ,&#AYSr. C gecYea t "4- � r vCe &y r� 1310 Oak, Va &Y Parkway Cpl 92223 1st Lt, Joshua M. Palmer United States Marine Corps a el Spc. Michael Dahl, Jr. United States Army Thursday, May 11:00 am Highland Springs Medical Plaza 81 S. Highland Springs Avenue Beaumont, CA 92223 .t C? .. • Now 0 MOMPM o. .o 0 Benefiting faM&M 5 , 42 jff Start at 550 E. 6th St Beaumont CA Pre - Register by 5/13/2011 Registration begins 6:30 a.m. day of rac 0 0 T-shirts provided to all runners Top 3 finishers men's and women's overall 5k and 10k 04"100 Pre - registered runners: $20/5k - $25/10k Race day registration: $30/5k - $35/10k Senior citizens and children under 12yrs: $15/5k - $20/10k Group Rabe (new for 2011)-.$W for a group of 4 (pre- raglsUwftn ONLY) Each additional adult: $15 - savings of $5 de Each additional child: $10 - savings of $5 o'•s For more information or to register contact us at: (951) 769 -8520 or breezinthroughbeaumont @ci.beaumont.ca.us o. C' q chi CA N N O • C L1� --------------------------------------------------------------------------------------------------------------- PRE -PAID ENTRY OF $25.00 MUST BE RECEIVED NO LATER THAN MAY 25,2011- $30.00 DAY OF EVENT PLEASE PRINT OR TYPE: This form must be COMPLETELY filled out, and accompanied by check in order to be accepted. Stewart Park Detach form at dotted line and return to address shown below Owner's Name Phone ( ) StreetAddress. City 9th & Orange State Zip Fax # ( ) Email Address Cell # ( ) Make Model Year Beaumont, California I agree to hereby hold harmless the Cherry Fest Car and Motorcycle Show andibr Kiwanis Club of Beaumont, City of Beaumont its volunteers and participants of the Cherry Fest Car and Motorcycle Show from any claims, damage, injury or loss regarding the event. By signing below. I hereby agree to take full responsibility for myself, my vehicle and my actions and 1 do not hold anyone helping with the show from and against all Liability of loss that participant and / or participants guest, including but not pre -paid entry limited to family and relatives, may sustain or incur as a result of claims, demands or judgment arising from the participant's involvement in the Cherry Fcst Car and Motorcycle Show. $25.00 Vehicle owners' personal insurance will cover vehicle and personal property before, during and after the event. Signature Check# Amount $ (includes t- shirts and lunch) Make checks payable to Beaumont Kiwanis and mail to: Beaumont Kiwanis Bav of the Event' Additional TShirts $12 S -XL $15 XXL -XXXL Attn: Buzz Dopf Quantity of Shirts Desired: 10486 Wriesap Avenue $30,00 S M L XL XXL XXXL Cherry Valley, Ca 92223 City of Beaumont Community Services Department "...cherish tenderly the memories of our heroic dead who made their breasts a barricade between our country and its foes': Major General John A. Logan United States Army May 30th, 1868 The City of Beaumont will honor and pay tribute to those service members we have lost on the battle field and at home. All public is welcome to join and observe the ceremony being held at the Beaumont Civic Center at 550 E. 6th Street on Monday, May 30th at 11 am. Do you have a loved one who served and has passed-on? plir honor them by placing their name on the Veteran Memorial at the Civic Center. It is required that they lived in either Beaumont or Cherry Valley at the time of service or the time of death. You can find an application at the Albert A. Chatigny Sr. Community Recreation Center or download one from the Beaumont City Website - www.ci.beaumont.ca.us (Application due no later than May 6th) Must show proof of death MEMORIAL MIORIAL DAY MAY 30THt 2011, 11•ooh . r 3rd a h� CITY OF BE PIKIESED4r. �1O UM0INT K y�� x ■ � °err mow �,, +� • JRING Beaumont ,s 5th Annual Summer Concert Monday, July 4th, 2011! Join The City of Be birth in style, with a FREE live concert! Filling tt The Basix at 5pm & Three I Followed by Beaumont's ama2 This event is FREE of charge and open, to all. Foc pumhOe and there w0l' {be games, a t II � 1 P41 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, April 19, 2011 REGULAR SESSION called to order at 6:01 p.m. Roll Call: Mayor De Forge, Mayor Pro Tern Berg, Council Member Castaldo, Council Member Fox, and Council Member Gall were present. Invocation: BJ Stavness - New Creations Pledge of Allegiance: Boy Scouts Presentation: Sgt. Ron Morning and Officer Brett Conan were given a Chiefs Commendation for a Valiant Life Saving Effort on a Fatal Accident. Adjustments to Agenda: None Oral and Written Communications: Amanda Hendey - Update the Council and Citizens on her Wrestling Tournament which she has made a request the Beaumont Foundation for a donation. Anita Worthen - Thank you to the Mayor for his attendance at the Four Seasons Neighborhood Watch meeting I. COUNCIL REPORTS (This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel) a) Mayor De Forge - Beaumont Care Meeting Update, Special Olympics Torch Run, Neighborhood at Four Season Community, Baker to Vegas, Meeting with Superintendent of California Schools b) Mayor Pro Tern Berg - Thank you to the Police Department & Fire Department for their work on a traffic collision that involved his daughter in law c) Council Member Castaldo - Collaborative Agency Meeting Update, BCVWD Meeting Update, BUSD Meeting UPDATE, Baker to Vegas Update d) Council Member Fox - T -Now Update, Fishing Derby held by BCVRPD e) Council Member Gall - Nothing to report 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) Baker to Vegas Run b. Community Information and Local Project Update 1) Financial Updates a) March Financial Update b) Budget Update C. Calendar of Events 1) April 21, 2011 — Volunteer Celebration — 11 am to 1 pm Beaumont CRC 2) April 23, 2011 — Annual Egg Hunt and Spring Fling — BCVPRD 3) April 28, 2011 — State of the City Luncheon — Tukwet Canyon Golf Course 4) April 30, 2011 — BCVPR District — Home Run Derby (MDA Fundraiser) 5) April 30, 2011 — Motorcycle Race for Relay for Life - CRC 6) May 5, 2011 — Charity Basketball Tournament (MDA Fundraiser) 7) May 14 -15, 2011 — Relay For Life — Sports Park 8) May 18, 2011 —"Run for the Wall" 9) May 21, 2011 — Miss Beaumont Queens Pageant 10) May 26, 2011 — Dedication Ceremony Recognizing for 1s' Lt. Joshua M. Palmer /Spc. Michael Dahl, Jr. 11) May 28, 2011 — Breezin' Through Beaumont/Cherry Festival Car Show 12) May 30, 2011 — Memorial Day Ceremony — Beaumont Civic Center 11 am 13) June 2 -5, 2011 — Cherry Festival 14) June 10, 2011 — Beaumont Municipal Pool opens for the summer 15) July 4, 2011 — Independence Day Celebration 16) 1St Wednesday of each Month — Beaumont Care Awareness Team 17) Second and Third Wednesday of Each Month — Story Time Caf6 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 April 5, 2011 C. Approval of the Warrant List for April 19, 2011. d. Adoption of Ordinance No. 995 at its 2nd reading — An Ordinance of the City Council of the City of Beaumont, California Amending Section 1.16.030 of Chapter 1.16 of the Beaumont Municipal Code Entitled "Violation — Infraction — Penalty" e. Adoption of Ordinance No. 994 at its 2nd reading — An Ordinance of the City Council of the City of Beaumont, California Adding Section 8.12.023 of the Beaumont Municipal Code RE: "Unauthorized Disposal — Prohibited" f. Approval of Plans and Specifications and Authorize Public Bids for Brookside Avenue Improvements g. Award of Contract for First and Second Street Market Place Repairs. h. Award Agreement for Emergency Repairs on Oak Valley Parkway. i. Authorization for Staff to Prepare and File Grant Applicants for SB 821 Bike and Pedestrian Facilities Recommendation: Approval of the Consent Calendar as presented. Motion by Council Member Fox, Seconded by Council Member Gall to approve the Consent Calendar as presented. Vote: 5/0 4. ACTION ITEMS /PUBLIC HEARING /REQUESTS (This portion of the Agenda is for items that require a Public Hearing, discussion, and/or Council direction.) a. Ordinance No. 996 - An Ordinance of the City Council of the City of Beaumont, California Amending Chapter 15 of the Beaumont Municipal Code Entitled 'Building and Construction" Recommendation: Hold a Public Hearing and approve the 1st reading of Ordinance No. 996 as presented. Staff report was given by Keith Hightower, Building Official Open Public Hearing 6:40 p.m. No Speakers Closed Public Hearing 6:41 p.m. Motion by Council Member Gall, Seconded by Council Member Berg to approve the 1st reading of Ordinance No. 996 as presented. Vote: 5/0 b. Policy and Procedures for Elections Recommendation: Review and Direct Staff Staff report was given by Celina Cabrera, Customer Service Coordinator Council recommended that staff move forward with the changes as presented with the elimination of the issuance of vehicle /trailer signs. This is already regulated by the California Vehicle Code and the Municipal Code c. Ordinance No. 992 - An Ordinance of the City Council of the City of Beaumont, California Amending Chapter 5.26 "Solicitation" of the Beaumont Municipal Code (Continued from March 15, 2011) Recommendation: Hold a Public Hearing and approve the 1st reading of Ordinance No. 992 as presented. Staff report was given by Alan Kapanicas, City Manager and Joe Aklufi, City Attorney. Closed Public Hearing 7:10 p.m. Motion by Council Member Fox, Seconded by Council Member Gall to apprvoe the 1st reading of Ordinance No. 992 as presented. Vote: 5/0 d. Options for Centennial Memorial Bridge Plaques Recommendation: Staff recommends that the City Council discuss and vote on the proposed options Staff report was given by Ashley Thompson, Customer Service Coordinator Motion by Council Member Berg, Seconded by Council Member Gall to purchase a granite monument and accept names until July 4, 2012. Vote: 5/0 Adjournment of the City Council Meeting at 7:18 p.m. Manager AGENDA ITEM NO. 3 ` WARRANT LIST CITY COUNCIL MEETING May 3, 2011 074558- 074664 Checks $292,354.07 EFT 551 -553 ACH $188,716.20 EFT 324 -331 Credit Card $8,456.21 Voids 074600,074645 $1,085.37 Payroll PPE 04/14/11 $ 397,509.92 Mutual of Omaha PPE 03/31/11 $ 36,540.66 PPE 03/31/11 $ 322.57 Cal PERS PPE 03/31/11 $ 110,769.26 ADP 04/15/11 $1,085.37 Ameriflex 04/12/11 $916.00 04/14/11 $60.00 04/18/11 $149.00 04/25/11 $340.00 PayChex 04/19/11 $5,466.87 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 NNE 30, 2011. `/ SIGNATURE: �� " TITLE: City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 074558 04/15/2011 CASEY'S CONCRETE 3,500.00 SERVICES 074559 04/15/2011 KAD PAVING COMPANY 6,958.00 SERVICES 074560 04/15/2011 WALDEN MEDIA PRODUCTIONS 3,750.00 CAR SHOW 074561 04/15/2011 WALDEN MEDIA PRODUCTIONS 3,750.00 RELAY FOR LIFE 074562 04/15/2011 ADAMSON INDUSTRIES 134.00 SUPPLIES 074563 04/15/2011 AL'S KUBOTA TRACTOR 9,295.00 VEHICLE MAINTENANCE 074564 04/15/2011 BAC FIELD SVC'S CORP 150.00 REFUND 074565 04/15/2011 BEAUMONT- CHERRY VALLEY W/ 2,034.33 WATER 074566 04/15/2011 BEAUMONT CHAMBER 1,030.00 MEETING 074567 04/15/2011 CALIFORNIA LICENSED PHLEBO' 400.00 SERVICES 074568 04/15/2011 CALIFORNIA BUILDING STANDAF 213.65 ADMIN FEE 074569 04/15/2011 CATHEDRAL CITY POLICE & FIRE 1,469.93 SHARED COST 074570 04/15/2011 CCCA 1,857.00 DUES 074571 04/15/2011 CDW GOVERNMENT, INC. 541.42 SUPPLIES 074572 04/15/2011 CONSOLIDATED ELECTRICAL DI; 340.00 SUPPLIES 074573 04/15/2011 CREATIVE BUS SALES, INC 126.87 VEHICLE MAINTENANCE 074574 04/15/2011 DEPARTMENT OF ENVIORNMEN" 578.00 SERVICES 074575 04/15/2011 DEPARTMENT OF CONSERVATIC 435.08 MAPPING FEE 074576 04/15/2011 ENTERPRISE RENTAL 91.35 RENTAL FEE 074577 04/15/2011 EVENT SERVICES 1,063.70 SERVICES 074578 04/15/2011 FIRST STREET S TORAGE 77.10 STORAGE FEE 074579 04/15/2011 GALLS 1,360.76 SUPPLIES 074580 04/15/2011 GENERAL GOVERNMENT 7,820.42 SERVICES 074581 04/15/2011 GOVPARTNER 500.00 SERVICES 074582 04/15/2011 GREENWOOD'S UNIFORMS 255.00 UNIFORM 074583 04/15/2011 HI -WAY SAFETY INC 957.27 SUPPLIES 074584 04/15/2011 HOME DEPOT /CREDIT SERVICE; 496.73 SUPPLIES 074585 04/15/2011 HUNTINGTON COURT REPORTEI 1,734.20 SERVICES 074586 04/15/2011 IMPERIAL SUPPLIES LLC 104.74 SUPPLIES 074587 04/15/2011 MC TRUCKING 359.58 SERVICES 074588 04/15/2011 MCNEILL LAW OFFICES 1,368.00 SERVICES 074589 04/15/2011 MOTOSAT 299.00 SERVICES 074590 04/15/2011 NAPAAUTO PARTS 189.79 SUPPLIES 074591 04/15/2011 NEXTEL COMMUNICATIONS 150.76 PHONE SERVICE 074592 04/15/2011 NISSHO OF CALIFORNIA INC 4,184.00 SERVICES 074593 04/15/2011 PACIFIC ALARM SERVICE 292.00 ALARM SERVICES 074594 04/15/2011 PAPER DIRECT 36.33 SUPPLIES City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 074595 04/15/2011 PARKHOUSE TIRE, INC. 372.24 VEHICLE MAINTENANCE 074596 04/15/2011 POMAAUTOMOTIVE FUELING IN 4,425.73 FUEL 074597 04/15/2011 PRUDENTIAL OVERALL SUPPLY 244.12 UNIFORM 074598 04/15/2011 QUILL CORPORATON 379.96 SUPPLIES 074599 04/15/2011 RAMONA HUMANE SOCIRTY INC 6,858.18 ANIMAL CARE 074601 04/15/2011 RIVERSIDE COUNTY SHERIFF'S 57.00 TRAINING 074602 04/15/2011 RIVERSIDE COUNTY SHERIFF'S 3,172.00 TRAINING 074603 04/15/2011 SIEMENS ENERGY & AUTOMATIC 1,169.90 SERVICES 074604 04/15/2011 SOUTHERN CALIF.EDISON 21,186.96 UTILITIES 074605 04/15/2011 STARS TRAINING ASSOCIATION 100.00 TRAINING 074606 04/15/2011 SWRCB FEES 549.00 ANNUAL FEE 074607 04/15/2011 TASER INTERNATIONAL 48.13 SALES TAX 074608 04/15/2011 THE GAS COMPANY 1,014.00 UTILITIES 074609 04/15/2011 THE PRESS - ENTERPRISE 270.90 ADVERTISING 074610 04/15/2011 TULE RANCH /MAGAN FARMS 25,047.94 SERVICES 074611 04/15/2011 TURF STAR, INC. 4,960.75 SUPPLIES 074612 04/15/2011 UNDERGROUND SERVICE ALER- 341.00 SERVICES 074613 04/15/2011 UNION PACIFIC RAILROAD 14,668.22 SERVICES 074614 04/15/2011 VERIZON CALIFORNIA 2,027.93 PHONE 074615 04/15/2011 VERIZON WIRELESS 3,945.16 CELL PHONE 074616 04/15/2011 VERIZON 21.90 PHONE 074617 04/15/2011 THOMSON -WEST 175.00 SERVICES 074618 04/15/2011 DEREK A WILLIAMS 787.50 SERVICES 074619 04/15/2011 TASO TECH, INC 8,423.71 SERVICES 074620 04/22/2011 AIREZE 61.79 SUPPLIES 074621 04/22/2011 AMA ENTERPRISES 1,668.23 UNIFORMS 074622 04/22/2011 BDLALARMS 1,010.00 SERVICES 074623 04/22/2011 BEAUMONT - CHERRY VALLEY W/ 34,875.70 UTILITIES 074624 04/22/2011 BEAUMONT LAWNMOWER 91.20 SUPPLIES 074625 04/22/2011 BEAUMONT POLICE OFFICERS A 2,060.00 DUES 074626 04/22/2011 MARGARITA CASSADAS 40.00 REFUND 074627 04/22/2011 CHERRY VALLEY NURSERY 1,540.77 SUPPLIES 074628 04/22/2011 CINTAS CORPORATION #150 992.08 UNIFORMS 074629 04/22/2011 COLONIAL LIFE AND 343.66 INSURANCE 074630 04/22/2011 DANCE SPECTRUM 40.00 RENTAL 074631 04/22/2011 DC FROST ASSOCIATES, INC 23,150.00 SERVICES 074632 04/22/2011 EJM DIGITAL LLC 100.00 TRAINING City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 074633 04/22/2011 GENERAL GOVERNMENT 7,902.00 CONTRACT SERVICES 074634 04/22/2011 GOTHIC GROUNDS MANAGEMEP 10,925.00 MAINTENANCE 074635 04/22/2011 GREENFEAT 4,525.00 074636 04/22/2011 HARMSWORTH ASSOCIATES 1,573.00 CONTRACT SERVICES 074637 04/22/2011 ICPC REGION #6 TRS 2011 415.00 TRAINING 074638 04/22/2011 JOHNSON POWER SYSTEMS 1,442.24 SUPPLIES 074639 04/22/2011 KAD PAVING COMPANY 21,920.00 SERVICES 074640 04/22/2011 LUTHER'S TRUCK 2,342.87 MAINTENANCE 074641 04/22/2011 MATICH CORPORATION 762.16 SUPPLIES 074642 04/22/2011 NAPA AUTO PARTS 546.30 SUPPLIES 074643 04/22/2011 ALYSSA ORDAZ 200.00 SERVICES 074644 04/22/2011 POLYDYNE, INC. 2,300.00 SERVICES 074646 04/22/2011 ALLENA RODRIGUEZ 40.00 REFUND 074647 04/22/2011 SOUTHERN CALIF.EDISON 4,858.62 UTILITIES 074648 04/22/2011 STATER BROS GENERAL OFFICE 162.58 FOOD 074649 04/22/2011 THE PRESS - ENTERPRISE 80.30 ADVERTISEMENT 074650 04/22/2011 TURF STAR, INC. 165.74 TURF STAR 074651 04/22/2011 UNITED WAY OF THE 81.00 DONATIONS 074652 04/22/2011 U.S POSTMASTER 345.00 ADVERTISEMENT 074653 04/22/2011 VERIZON CALIFORNIA 83.46 PHONE 074654 04/22/2011 KYLE WARSINSKI 91.50 REIMBURSEMENT 074655 04/22/2011 WEST COAST LIGHTS & SIRENS 224.13 SUPPLIES 074656 04/22/2011 WRIGHT SEPTIC 1,800.00 SERVICES 074657 04/22/2011 PUBLIC AGENCY RETIREMENT S 400.00 PARS 074658 04/22/2011 TASO TECH, INC 3,360.00 CONTRACT SERVICES 074659 04/26/2011 RIVERSIDE COUNTY SUPERIOR 259.00 ATTORNEY FEES PETERS CASE 074660 04/26/2011 RIVERSIDE COUNTY SUPERIOR 388.50 ATTORNEY FEES PETERS CASE 074661 04/26/2011 RIVERSIDE COUNTY SUPERIOR 259.00 ATTORNEY FEES 074662 04/26/2011 RIVERSIDE COUNTY SUPERIOR 259.00 ATTORNEY FEES 074663 04/26/2011 RIVERSIDE COUNTY SUPERIOR 259.00 ATTORNEY FEES 074664 04/26/2011 RIVERSIDE COUNTY SUPERIOR 259.00 ATTORNEY FEES 292,354.07 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: EFT000551 04/14/2011 BEAUMONT ELECTRIC INC. 43,472.06 SERVICES EFT000552 04/21/2011 ELITE COMPANIES US, INC. 143,594.14 SERVICES EFT000553 04/21/2011 STEVE MOORE COMMUNICATIO! 1,650.00 SERVICES 188,716.20 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: EFT000000000324 04/14/2011 BEAUMONT TIRE 366.16 VEHICLE MAINTENANCE EFT000000000325 04/14/2011 BEAUMONT ACE HOME CENTER 110.56 SUPPLIES EFT000000000326 04/14/2011 CHERRY VALLEY AUTOMATIVE 1,160.93 VEHICLE MAINTENANCE EFT000000000327 04/14/2011 DIAMOND HILLS AUTO GROUP 28.74 VEHICLE MAINTENANCE EFT000000000328 04/14/2011 GOPHER PATROL 2,867.00 SERVICES EFT000000000329 04/14/2011 XEROX CORPORATION 2,288.48 EQUIPMENT EFT000000000330 04/21/2011 ALL PURPOSE RENTALS 429.75 RENTAL SERVICES EFT000000000331 04/21/2011 GORM, INC. 1,204.59 SUPPLIES 8,456.21 Agenda Item No. 7 e4 STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: BUILDING AND SAFETY DEPARTMENT C� 3 AGENDA DATE: AP 2011 SUBJECT: Ordinance Updating B.M.C. Chapter 15 Buildings and Construction EXECUTIVE SUMMARY: Update Beaumont Municipal Code to reflect changes adopted by the California Building Standards Commission at the three -year code cycle. RECOMMENDATION• Staff recommends City Council adoption of the proposed ordinance to amend the B.M.0 Chapter 15 Buildings and Construction. BACKGROUND /ANALYSIS: In administering building and construction in the City, the City is required to adopt and implement the codes which are published by the International Code Council as the California Code of Regulations Title 24 Parts 1 -12, known collectively as the California Building Codes. A summary of recent changes by the California Building Standards Commission include: • Adoption of Part 2.5, California Residential Code • Adoption of Part 11, California Green Building Standards Code • Update BMC 15.20 Fire Code • Relocate Administration portion from rear of code Appendix chapter 1, to front of code Division II Scope and Administration with some renumbering of code sections. This clean-up of Chapter 15 will incorporate these changes, and transfer previous local amendments into the appropriate sections. Respectfully Su 'tted, Ke' Highto er C O Building and afety Department d� ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 15 OF THE BEAUMONT MUNICIPAL CODE RE: BUILDINGS AND CONSTRUCTION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Municipal Code Sections 15.03 and 15.04 AND 15.08 are hereby repealed, Section 2: Municipal Code Sections 15.03, 15.04, 15.08, 15.15 and 15.22 are hereby added to the Beaumont Municipal Code to read as specifically provided for in Exhibit `X, which Exhibit is attached hereto and made a part hereof. Section 3: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this day of , 2011, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this day of , 2011, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF BEAUMONT By ATTEST: Deputy City Clerk BRIAN DEFORGE, Mayor Title 15 BUILDINGS AND CONSTRUCTION Chapters: 15.03 Administration 15.04 Building Code 15.08 Building Fees 15.10 California Elevator Safety Construction Code 15.11 California Historical Building Code 15.12 Electrical Code 15.13 California Existing Building Code 15.15 California Residential Code 15.16 Plumbing Code 15.17 Mechanical Code 15.19 Energy Code .15:20- .. Fi;i i'Coile ------ -------- --- - - - - -- -------------- - -- - -- -- - - - - - -- --- - - - - -- 15 22 California Green Building Code 15.24 Floodplain Management 15.28 Moving Buildings 15.32 General Plan Revision Fees 15.36 Basic Service Facility Fees 15.38 Building Inspector 15.40 Permit Streamlining 15.42 Earthquake Hazard Reduction in Existing Unreinforced 15.44 Building Occupancy Placards Chapter 15.03 ADMINISTRATION Sections: 15.03.010 Adoption of Appendix-Chapter I, Division 11 Scope and Administration 15 03 015 Department of Buildinz and Safety 15.03.020 Amendments to Appendix- Chapter I, AdministFation Division 11 Scope and Administration 15 03 010 Adoption of Appendix-Chapter I Division 11 Scope and Administration Except as otherwise provided in this Chapter, the California Building Code, Title 24, California Code of Regulations, Part 21, Volume 2, Appendi Chapter 1 "Administration," including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the Administrative Code of the City. This administrative chanter shall apply to all codes listed in this title. Field Code Changed ......... ..__... Formatted: Underline, Highlight Formatted: Underline Formatted: Underline Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic other employees Such employees shall have powers delegated by the building &!clal Formatted: Font: Italic 15 0i 020 Duties and Powers of Building Official The building official is authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its ,provisions. Such intemretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 15 03 0250 Amendments to- ApAwndikChauter I Division It Scope and Administration The Administrative code is amended in part as follows: 101.4 Deleted in its entirety 105.3.2 Time limit of application. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 4-8 90 days Qon request by the applicant The extension shall be requested in writing and justifiable cause demonstrated showing that circumstances beyond the control of the applicant which has prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Section 1098, Fees is amended to read as follows: 1098.1.1; Plan Review Fees When submittal documents are required by Section 1096.3.2, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan feview fee shall be 65 peFeent of the building pefmit 4�ae as established by the Building Offiei The plan review fees specified in this section are separate fees from the permit fees specified in Section 108.2 and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 1076.3.4.2, an additional plan review fee shall be charged at the rate established by the Building Official. 1098.4 Work commencing before permit issuance Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 1098.4.1 Investigation fee An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be equal to the minimum fee as defined in Section 1095.2. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. 1098.6 Fee Refunds The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit or which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. 1098.7 Re- inspections A re- inspection fee may be assessed for each inspection or re- inspection when such portion of work or which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring re- inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re- inspection. Re- inspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. To obtain a re- inspection, the applicant shall file an application therefore in writing on a form furnished for that purpose and pay the re- inspection fee in accordance with the fee schedule adopted by the jurisdiction. In instances where re- inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. Section 11009 Inspections is amended to read as follows: 11089.3.5 Lathe and gypsum board inspections The exception is deleted in its entirety. Chanter 15.04 BUILDING CODE Sections: 15.04.010 Adoption of California Building Code 15.04.020 Amendments to the California Building Code 15.04.030 Violation — Penalty 15.04.010 Adoption of California Building Code. Except as otherwise provided in this Chapter, the California Building Code, Title 24, California Code of Regulations, Part 2, Volumes 1 and 2, including, Appendix C, Group U- "Agricultural Buildings ", Appendix F "Rodent Proofing ", Appendix I "Patio Covers ", and Appendix J "Grading ", is hereby adopted by this reference as the Code for the City for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the City providing for the issuance of permits and collection of fees therefore; and each and all of the amendments to such Building Code as may hereafter be adopted by the State of California shall be made a part of this Chapter without further action by the City Council. 15 04 020 Amendments to the California Building Code. The Building Code is amended in part as follows: Chapter 18•SOILS AND FOUNDATIONS Section 1801.1 is amended to add: f "Where relevant to grading, drainage and soil investigation, `Building Official' shall also mean and include City Engineer/Director of Public Works or his/her designee." Appendix "J" GRADING, Section J14"J103.1. is amended by adding: "Wherever the word `Building Official' is used, it shall also mean and include City Engineer/Director of Public Works or his/her designee." Section J109.4 is amended to read: "Drainage across property lines. All graded lots shall drain to the street or publicly maintained facility. Cross lot drainage may be allowed at the sole discretion of the City Engineer/Director of Public Works. Drainage across property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage shall be contained onsite or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by the installation of nonerosive down drains or other devices acceptable to the City Engineer." Section J110- Erosion Control – first paragraph is amended to read: "General. The faces of cut and fill slopes and graded surfaces shall be prepared and maintained to control erosion. This control shall be permitted to consist of effective planting and other practicable means." 15.04.030 Violation — Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Building Code is an infraction. Chapter 15.08 BUILDING FEES Sections: 15.08.010 Permit Issuance Fees 15.08.020 Additional Fee 15.08.010 Permit Issuance Fees. The following fees, the amount of which shall be established from time -to -time by action of the City Council, shall be collected prior to the issuance of a permit: A. Plan Check Fees and Deposits. B. Permit Fees. C. Re- inspection Fees. 15.08.020 Additional Fee. In addition to the permit fees, the following fee is to be collected prior to the issuance of a permit: Strong Motion Instrumentation Program (SMIP), 0.007 percent per thousand dollars of valuation with a minimum of fifty cents for each permit. (S.B. 1374 Chapter 1152 ALQUIST). Chapter 15.10 ELEVATOR SAFETY CONSTRUCTION CODE Sections: 15.10.010 Adoption of California Elevator Safety Construction Code 15.10.020 Violation -- Penalty 1510 010 Adoption of California Elevator Safety Construction Code. Except as otherwise provided in this Chapter, the California Elevator Safety Construction Code, Title 24, California Code of Regulations, Part 7, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Elevator Safety Construction Code. 15.10.020 Violation — Penalty. A. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Elevator Safety Construction Code is an infraction. Chapter 15.11 HISTORICAL BUILDING CODE Sections: 15.11.010 Adoption of California Historical Building Code 15.11.020 Violation — Penalty 1511 010 Adoption of California Historical Building Code. Except as otherwise provided in this Chapter, the California Historical Building Code, Title 24, California Code of Regulations, Part 8, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Historical Building Code. 15.11.020 Violation — Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Historical Building Code is an infraction. Chapter 15.12 ELECTRICAL CODE Sections: 15.12.010 Adoption of California Electrical Code 15.12.020 Violation — Penalty 1512 010 Adoption of California Electrical Code. Except as otherwise provided in this Chapter, the California Electrical Code, Title 24, California Code of Regulations, Part 3, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Electrical Code. 15.12.020 Violation — Penalty. A. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Electrical Code is an infraction. B. It shall be a violation of this Chapter, punishable as an infraction, for any person, firm or corporation to make connection from a source of electrical energy to an installation for which a permit is required, unless such person, firm or corporation has obtained a certificate of approval from the building inspector that such wiring devices, appliances or equipment are in conformity with all the requirements of this code. Chapter 15.13 CALIFORNIA EXISTING BUILDING CODE Sections: 15.13.010 Adoption of California Existing Building Code 15.13.020 Violation — Penalty 1513 010 Adoption of California Existing Building Code. Except as otherwise provided in this Chapter, the California Existing Building Code, Title 24, California Code of Regulations, Part 10, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Existing Building Code. 15.13.020 Violation — Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Existing Building Code is an infraction. Chapter 15.15 RESIDENTIAL CODE Sections: 15 15 010 Adoption of the California Residential Code 15.15.020 Violation – Penalty 1515 010 Adoption of the California Residential Code. Except as otherwise provided in this Chapter, the California Residential Code Title 24 California Code of Regulations Part 2 5 including any and all amendments thereto that may hereafter be made and adopted by the State of California is hereby adopted as the City Residential Code. 15 15 020 Violation - Penalty. Violation of the provisions of this Chanter or failure to comply with any of the requirements of the Residential Code is an infraction. Chapter 15.16 PLUMBING CODE Sections: 15.16.010 Adoption of California Plumbing Code 15.16.020 Violation — Penalty 1516.010 Adoption of California Plumbing Code. Except as otherwise provided in this Chapter, the California Plumbing Code, Title 24, California Code of Regulations, Part 5, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the Plumbing Code of the City. 15.16.020 Violation — Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Plumbing Code is an infraction. Chapter 15.17 MECHANICAL CODE Sections: 15.17.010 Adoption of California Mechanical Code 15.17.020 Violation — Penalty 1517 010 Adoption of California Mechanical Code. Except as otherwise provided in this Chapter, the California Mechanical Code, Title 24, California Code of Regulations, Part 4, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the Mechanical Code of the City. 15.17.020 Violation — Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Mechanical Code is an infraction. Chanter 15.19 ENERGY CODE Sections: 15.19.010 Adoption of California Energy Code 15.19.020 Violation — Penalty 15.19.010 Adoption of California Energy Code. Except as otherwise provided in this Chapter, the California Energy Code, Title 24, California Code of Regulations, Part 6, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Energy Code. 15.17.020 Violation — Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Energy Code is an infraction. Chapter 15.20 FIRE CODE Sections: 15.20.010 Ado ftion of California Fire Code 1 S 20 010..... Adoption of Riverside C,otinty Ordinance 757.6 adopted by..... the Riverside County Board of Supervisors on February 15, 2011, entitled "AN ORDINANCE; OF 11-IE COUNTY OF RIVERSIDE ADOI''1'ING T[ IE 2010 CALIFORNIA FI.R,E___CODE._.._AN.....2010 CALIFORNIA BUILDING ................................ ............................... CODE IN THEIR ENTIRETY FOR 1) REGULATING AND GOVERNING THE SAFEGUARD OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS (ARISING FROM THE STORAGE HANDLINC:i AND USE OF HAZARDOUS SUBS "I "ANCES, MATERIALS AND DEVICES) AND FROM CONDITIONS....H;AZARDO U S.. _TO..._LIFF..._OPT,._PR.OPFRT.Y IN T.H_F....._C)CCt,JP.ANC..Y Of. BUILDINGS AND PREMISES IN THE COUNTY OF .RIVERSIDE„ AND 2) PROVIDING FOR THE ISSUANCE OF PERMITS AND THE COLLECTION OF FEES THEREOF ° Including any and all amendments thereto that may hereafter be made and adopted by Riverside County is hereby adopted as the City Fire Code. u Ul VISION " SCOPE AND ADMINISTRATION Sections adopted or amended by state agencies are specifically ( indicated by an agencv banner or identified in the Matrix Adoption Table. SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the California Building Code of the State of California, hereinafter referred to as "this code." 101.2 Scope. The provisions of this code shall apply to the con- struction, alteration, movement, enlargement, replacement, repair, equipment, used and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Exception: Detached one- and two- family dwellings and multiple single- family dwellings (townhouses) not more than three stories above grade plane in height with a sepa- rate means of egress and their accessory structures shall comply with the California Building Code. i 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. 101.3 Intent. The purpose of this code is to establish the mini- mum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations. > 191.4 Referenced codes. The other codes listed in Section's 10 4.1 through 10 1.4.6 and referenced elsewhere in this 94de shall e considered part of the requirements of this co to the prescri d extent of each such reference. I 101.4.1 as. The provisions of the Internati al Fuel Gus Code shal ply to the installation of ga iping from the point of deliv , gas appliances and re ed accessories as covered in this co e. These requireme s apply to gas piping systems extending om the poin f delivery to the inlet connections of applian s and t installation and operation of residential and comm ci gas appliances and related accessories. 101.4.2 Mechanical. e prov '\'stallation, f the International Mechanical Code sh apply to t alterations, repairs and replac ent of mecsystems, including equipment, app • nces, fixtures, fittin and/or appurte- nances, inclu g ventilating, heating, co 'ng, air- condi- tioning an refrigeration systems, incinerat and other energy ated systems. 101 .3 Plumbing. The provisions of the Interna ' nal P rmbing Code shall apply to the installation, alteratt r air and replacement of plumbing systems, including equ' ment, appliances, fixtures, fittings and appurtenance. . and ere connected to a water or sewage system and II aspects a medical gas system. The provisions of the / ter national vate Sewage Disposal Code shall apply o pri- vate sewage 'sposal systems. 101.4.4 Proper maintenance. The provis' ns of the International Pro rtv Maintenance Code all apply to existing structures a premises; equipme and facilities; light, ventilation, spac heating, sanit on, life and fire safety hazards; responsi •lities of o ers, operators and occupants; and occupancy f existi g premises and struc- tures. 101.4.5 Fire prevention. Th ovisions of the Interna- tional Fire Code shall apply o ma ers affecting or relating to structures, processes a premises ' om the hazard of fire and explosion arising f m the storag handling or use of structures, materials devices; from co itions hazardous to life, property or blic welfare in the occ ancy of struc- tures or premise ,and from the constructi extension, repair, alteratio or removal of fire suppressio and alarm systems or fir hazards in the structure or on the remises from occup, cy or operation. 101.4.6 nergy. The provisions of the California En gv Code, rtle 24, Part 6 shall apply to all matters governing t desi and construction of buildings for energy efficiency. Exception: [OSHPD 1, 2 & 4] Not required by OSHPD. SECTION 102 APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific require- ment shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 102.1.1 Additional requirements. [OSHPD 1, 2, 3, & 4, DSA -SS & DSA- SSICCJ See Chapter 1, Division /, Section 1.1.7. 102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. 102.3 Application of references. References to chapter or sec- tion numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and stan- dards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 2010 CALIFORNIA BUILDING CODE 21 SCOPE AND ADMINISTRATION 102.4.1 Code References. [OSHPD 1, 2,3 & 4, DSA -SS & DSA- SS1CC] All reference to International Codes or other similar codes in referenced standards shall be replaced by equivalent provisions in the California Building Standard Codes. 102.4.2 Reference in Standards. [OSHPD 1, 2, 3 & 4, DSA -SS & DSA- SS1CC] All references listed in reference standards shall be replaced by referenced standards listed in Chapter 35 of this code, where applicable, and shall include all amendments to the reference standards in this code. 102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provi- sions. 102.6 Existing structures. The legal occupancy of any struc- ture existing on the date of adoption of this code shall be per- mitted to continue without change, except as is specifically covered in this code, the California Building Code or the Cali- fornia Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. SECTION 103 DEPARTMENT OF BUILDING SAFETY 103.1 Creation of enforcement agency. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official. 103.2 A ntm a in c�Jurisdicteiion. ppointed by th chief appointing authority of the 103.3 Dep uties. In accordance with the prescribed p of this ' urisdiction and with the concurrence of the authority, the building official shall have the a appoint a deputy building official, the related technical offi- cers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building offi- cial. For the maintenance of existing properties, see the Cali- fornia Building Code. SECTION 104 DUTIES AND POWERS OF BUILDING OFFICIAL 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving 22 of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the pro- visions of this code. 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. 104.4 Inspections. The building gfficial shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry. Where it is necessary to make an inspec- tion to enforce the provisions of this code, or where the build- ing official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official is autho- rized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such struc- ture or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. 104.7 Department records. The building official shall keep official records of applications received, permits and certifi- cates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records. 104.8 Liability. The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provi- sions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursu- ance of the provisions of this code. 2010 CALIFORNIA BUILDING CODE t) 104.9 Approved materials and equipment. Materials, equip- ment and devices approved by the building official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official. 104.10 Modifications. Wherever there are practical difficul- ties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety. 104.11 Alternative materials, design and methods of con- struction and equipment. The provisions of this code are not intended to prevent the installation of any material or to pro- hibit any design or method of construction not specifically pre- scribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. 104.11.1 Research reports. Supporting data, where neces- sary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the require- ments of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing pro- cedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building offi- cial for the period required for retention of public records. 104.11.3 Peer review. [OSHPD 1 & 41 When peer review is required, it shall be performed pursuant to Section 3414A. 104.11.4 Earthquake monitoring instruments. [OSHPD 1 & 4] The enforcement agency may require earthquake mon- itoring instruments for any building that receives approval of an alternative system for the Lateral Force Resisting Sys- tem (LFRS). There shall be a sufficient number of instru- ments to characterize the response of the building during an earthquake and shall include at least one tri -axial free field 2010 CALIFORNIA BUILDING CODE SCOPE AND ADMINISTRATION instrument or equivalent. A proposal for instrumentation and equipment specifications shall be forwarded to the enforcement agency for review and approval. The Owner of the building .shall be responsible for the implementation of the instrumentation program. Maintenance of the instru- mentation and removal /processing of the records .shall be the responsibility of the enforcement agency or its desig- nated agent. SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual permit. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application there- for to any person, firm or corporation regularly employing one or more qualified tradepersons in the building, structure or on the premises owned or operated by the applicant for the permit. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alter- ations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authori- zation for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. One -story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m2). 2. Fences not over 6 feet (1829 mm) high. 3. Oil derricks. 4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. 5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width does not exceed 2:1. 6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any 23 SCOPE AND ADMINISTRATION basement or story below and are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, coun- ter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R -3 occupancy that are less than 24 inches (6 10 mm) deep, do not exceed 5,000 gallons (18 925 L) and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service sys- tems. 11. Swings and other playground equipment accessory to detached one- and two - family dwellings. 12. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional sup- port of Groups R -3 and U occupancies. 13. Nonfixed and movable fixtures, cases, racks, coun- ters and partitions not over 5 feet 9 inches (1753 mm) in height. Electrical: Repairs and maintenance: Minor repair work, includ- ing the replacement of lamps or the connection of approved portable electrical equipment to approved per- manently installed receptacles. Radio and television transmitting stations: The provi- sions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equip- ment or apparatus. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: I . Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self- contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with the new material, such work shall be considered as new work and a per- mit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstal- lation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 105.2.1 Emergency repairs. Where equipment replace- ments and repairs must be performed in an emergency situa- tion, the permit application shall be submitted within the next working business day to the building official. 105.2.2 Repairs. Application or notice to the building offi- cial is not required for ordinary repairs to structures, replacement of lamps or the connection of approved porta- ble electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cut- ting of any structural beam or load- bearing support, or the removal or change of any required means of egress, or rear- rangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety. 105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of genera- tion, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right. 105.3 Application for permit. To obtain a permit, the appli- cant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall: I . Identify and describe the work to be covered by the per- mit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section 107. 5. State the valuation of the proposed work. 24 2010 CALIFORNIA BUILDING CODE 1) 'J J 6. Be signed by the applicant, or the applicant's authorized agent. 7. Give such other data and information as required by the building official. 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after fil- ing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable. 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. [OSHPD 1, 2, & 41 Time limitation shall be in accordance with Title 24, Part 1, Chapter 7, Section 7 -129. 105.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issu- ance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occu- pancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is com- menced within 180 days after its issuance, or if the work autho- rized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the pro- visions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provi- sions of this code. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the pro- ject. 2010 CALIFORNIA BUILDING CODE SCOPE AND ADMINISTRATION SECTION 106 FLOOR AND ROOF DESIGN LOADS 106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN /m-), such design live loads shall be conspicuously posted by the owner in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices 106.1.1 Snow Load Posting. [OSHPD 1, 2,3 & 4, DSA -SS & DSA -SS /CQ Snow loads used in design shall be posted as for live loads. 106.1.2 Load Posting Responsibility. [OSHPD 1, 2 & 4] I I The owner or governing board shall be responsible for keeping the actual load below the allowable limits. 106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106. 1, have been installed. 106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code. SECTION 107 SUBMITTAL DOCUMENTS 107.1 General. Submittal documents consisting of construc- tion documents, statement of special inspections, aeotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the build- ing official is authorized to require additional construction doc- uments to be prepared by a registered design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. 107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through 107.2.5. 107.2.1 Information on construction documents. Con- struction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permit- ted to be submitted when approved by the building official. Constriction documents shall be of sufficient clarity to indi- cate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regula- tions, as determined by the building official. 107.2.2 Fire protection system shop drawings. Shop draw- ings for the fire protection s "vstem(s) shall be submitted to indicate conformance to this code and the construction docu- ments and shall be approved prior to the start of system instal- lation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. 25 SCOPE AND ADMINISTRATION 107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compli- ance with the provisions of this code. In other than occupan- cies in Groups R -2, R -3, and I -1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. 107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, inter- sections with dissimilar materials, corners, end details, con - trol joints, intersections at roof, eaves or parapets, means of drainage, water - resistive membrane and details around Openings. The construction documents shall include manufac- turer's installation instructions that provide supporting doc- umentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used. 107.2.5 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new con- struction and existing structures on the site, distances from lot lines, the established street grades and the proposed fin- ished grades and, as applicable, flood hazard areas, floodways, and design 17ood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construc- tion to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for per- mit is for alteration or repair or when otherwise warranted. 107.2.5.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1. 107.3 Examination of documents. The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordi- nances. 107.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Reviewed for Code Compliance" One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building offi- cial or a duly authorized representative. 107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or des- ignated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully autho- rized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 107.3.3 Phased approval. The building official is autho- rized to issue a permit for the construction of foundations or any other part of a building or structure before the construc- tion documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with perti- nent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building oper- ation and without assurance that a permit for the entire structure will be granted. 107.3.4 Design professional in responsible charge. 107.3.4.1 General. When it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit applica- tion a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the origi- nal registered design professional in responsible charge. The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinat- ing submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. 107.3.4.2 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design profes- sional in responsible charge who shall review them and forward them to the building official with a notation indi- cating that the deferred submittal documents have been reviewed and been found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal docu- ments have been approved by the building official. fOSHPD 1, 2, & 4] Deferred submittals shall be in accordance with Title 24, Part 1, Chapter 7, Section 7 -126. 2010 CALIFORNIA BUILDING CODE 26 � l II 107.4 Amended construction documents. Work shall be installed in accordance with the approved construction docu- ments, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. (OSHPD 1, 2 & 41 Change in the work shall be in accordance with Title 24, Part 1, Chapter 7, Section 7 -153. 107.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. SECTION 108 TEMPORARY STRUCTURES AND USES 108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such per- mits shall be limited as to time of service, but shall not be per- mitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. 108.2 Conformance. Temporary structures and uses shall con- form to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure public health, safety and gen- eral welfare. 108.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70. 108.4 Termination of approval. The building official is autho- rized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. SECTION 109 FEES 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. 109.2 Schedule of permit fees. On buildings, structures, elec- trical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. 109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and perma- nent systems. If, in the opinion of the building official, the valu- ation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to 2010 CALIFORNIA BUILDING CODE SCOPE AND ADMINISTRATION meet the approval of the building official. Final building permit valuation shall be set by the building official. 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the neces- sary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees. 109.5 Related fees. The payment of the fee for the construc- tion, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. 109.6 Refunds. The building official is authorized to establish a refund policy. SECTION 110 INSPECTIONS 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordi- nances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 110.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be exam- ined buildings, structures and sites for which an application has been filed. 110.3 Required inspections. The building official, upon noti- fication, shall make the inspections set forth in Sections 110.3.1 through 110.3.10. 110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job. 110.3.2 Concrete slab and under -floor inspection. Con- crete slab and under -floor inspections shall be made after in -slab or under -floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. 110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certifica- 27 SCOPE AND ADMINISTRATION tion required in Section 1612.5 shall be submitted to the building gfficial. 110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, _firebloc•king and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough elec- trical, plumbing, heating wires, pipes and ducts are approved. 110.3.5 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and ;ypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasten- ers are tape finishe Exception: Gypsum board that is not part of a fire- resis- tance -rated assembly or a shear assembly. 110.3. re- an a -re an pene rations. rotec- tion of joints and penetrations in fire - resistance -rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. 110.3.7 Energy efficiency inspections. Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: envelope insulation R- and U- values, fenestration U- value, duct sys- tem R- value, and HVAC and water- heating equipment effi- ciency. 110.3.8 Other inspections. In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety. 110.3.9 Special inspections. For special inspections, see Section 1704. 110.3.10 Final inspection. The final inspection shall be made after all work required by the building permit is com- pleted. 110.4 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. 110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the build- ing official. SECTION 111 CERTIFICATE OF OCCUPANCY 111.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a viola- tion of the provisions of this code or of other ordinances of the jurisdiction. Exception: Certificates of occupancy are not required for work exempt from permits under Section 105.2. 111.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provi- sions of this code or other laws that are enforced by the depart- ment of building safety, the building official shall issue a certificate of occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the require- ments of this code for the occupancy and division of occupancy and the use for which the proposed occu- pancy is classified. 6. The name of the building official. 7. The edition of the code under which the permit was issued. 8. The use and occupancy, in accordance with the provi- sions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10. The design occupant load. 11. If an automatic sprinkler system is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the building permit. 111.3 Temporary occupancy. The building official is autho- rized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the tempo- rary certificate of occupancy is valid. 111.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or com- pletion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect infor- mation supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. 28 2010 CALIFORNIA BUILDING CODE J l� J DI SECTION 112 SERVICE UTILITIES 112.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. 112.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. 112.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to elimi- nate an immediate hazard to life or property or when such util- ity connection has been made without the approval required by Section 112.1 or 112.2. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practi- cal thereafter. SECTION 113 BOARD OF APPEALS 113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official rela- tive to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing author- ity and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. 113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly inter- preted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code. 113.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction. SECTION 114 VIOLATIONS 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equip- ment regulated by this code, or cause same to be done, in con- flict with or in violation of any of the provisions of this code. 114.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, 2010 CALIFORNIA BUILDING CODE SCOPE AND ADMINISTRATION moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in viola- tion of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 114.4 Violation penalties. Any person who violates a provi- sion of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to pen- alties as prescribed by law. SECTION 115 STOP WORK ORDER 115.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order. 115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. 115.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to pen- alties as prescribed by law. SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT 116.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ven- tilation, or which constitute a fire hazard, or are otherwise dan- gerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe. 116.2 Record. The building official shall cause a report to be filed on an unsafe condition. The report shall state the occu- pancy of the structure and the nature of the unsafe condition. 29 SCOPE AND ADMINISTRATION 116.3 Notice. If an unsafe condition is found, the building offi- cial shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order. 116.4 Method of service. Such notice shall be deemed prop- erly served if a copy thereof is (a) delivered to the owner per- sonally; (b) sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or (c) delivered in any other manner as prescribed by local law. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner. 116.5 Restoration. The structure or equipment determined to be unsafe by the building official is permitted to be restored to a safe condition. To the extent that repairs, alterations or addi- tions are made or a change of occupancy occurs during the res- toration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of Section 105.2.2 and Chapter 34. 30 2010 CALIFORNIA BUILDING CODE Updated 02/2011 i Chapters: 15.03 15.04 15.08 15.10 15.11 15.12 M0 P, 15.13 15.16 15.17 15.19 X15.20 15.24 15.26 15.28 15.32 15.36 15.38 15.40 15.42 15.44 Sections: 15.03.010 15.03.020 15.03.010- 15.03.020 Title 15 BUILDINGS AND CONSTRUCTION Administration Building Code Building Fees ± / California Elevator Safety Construction Code California Historical Building Code .` 1 Zo Electrical Code California Existing Building Code Plumbing Code Mechanical Code Energy Code Fire Code Floodplain Management Reasonable Accommodations (Fair Housing Protections for Individuals with Disabilities) Moving Buildings General Plan Revision Fees Basic Service Facility Fees Building Inspector Permit Streamlining Earthquake Hazard Reduction in Existing Unreinforced Building Occupancy Placards Chapter 15.03 ADMINISTRATION Adoption of Appendix Chapter 1, Administration Amendments to Appendix Chapter 1, Administration 15.03.010 Adoption of Appendix Chapter 1, Administration Except as otherwise provided in this Chapter, the California Building Code, Title 24, California Code of Regulations, Part 2, Volume 2, Appendix Chapter 1 "Administration," including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the Administrative Code of the City. 15.03.020 Amendments to Appendix Chapter 1, Administration. The Administrative code is amended in part as follows: Section 105, Permits is amended to read as follows: 105.2(4)Work exempt from permit "Retaining walls not over three (3) feet in height measured from top of footing to top of wall, unless supporting a surcharge or impounding class I, II or IIIA liquids." 105.3.2 Time limit of application. Applications for which no permit is issued within 180 i days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the BMC Title 15: 1 Updated 02/2011 building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days on request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Section 108 fees is amended to read as follows: 108.1.1, Plan Review Fees When submittal documents are required by Section 106.3.2, a plan review fee shall. be paid at the time of_submitting the submittal documents for plan review.( Staid- plarrreview fee shall be 65 percent of the building-permit fee as established by the-Building Official. f f The plan review fees specified in this section are separate fees from the permit fees specified in Section 108.2 and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 106.3.4.2, an additional plan review fee shall be charged at the rate established by the Building Official. 108.4 Work commencing before permit issuance Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. '108.4.1 Investigation fee An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be equal to the minimum fee as defined in Section 108.2. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. 1 8Q.6 Fee Refunds The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. BMC Title 15: 2 Updated 02/2011 The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit or which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. X108.7, Re- inspections A re- inspection fee may be assessed for each inspection or re- inspection when such portion of work or which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring re- inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re- inspection. Re- inspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. To obtain a re- inspection, the applicant shall file an application therefore in writing on a form furnished for that purpose and pay the re- inspection fee in accordance with the fee schedule adopted by the jurisdiction. In instances where re- inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. Section 109 Inspections is amended to read as follows: ,r109.3 55 Lathe and gypsum board inspections The exception is deleted in its entirety. BMC Title 15: 3 Updated 02/2011 15.04.010- 15.04.020 Chapter 15.04 BUILDING CODE Sections: 15.04.010 Adoption of California Building Code 15.04.020 Amendments to the California Building Code 15.04.030 Violation — Penalty 15.04.010 Adoption of California Building Code. Except as otherwise provided in this Chapter, the California Building Code, Title 24, California Code of Regulations, Part 2, Volumes 1 and 2, including, Appendix C, Group U— "Agricultural Buildings ", Appendix F "Rodent Proofing ", Appendix I "Patio Covers ", and Appendix J "Grading ", is hereby adopted by this reference as the Code for the City for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the City providing for the issuance of permits and collection of fees therefore; and each and all of the amendments to such Building Code as may hereafter be adopted by the State of California shall be made a part of this Chapter without further action by the City Council. 15.04.020 Amendments to the California Building Code. The Building Code is amended in part as follows: Chapter 18: SOILS AND FOUNDATIONS, Section 1801.1 is amended to add: "Where relevant to grading, drainage and soil investigation, `Building Official' shall also mean and include City Engineer /Director of Public works or his /her designee." Appendix "J" GRADING, Section J101.2 is amended by adding: "Wherever the word `Building Official' is used, it shall also mean and include City Engineer /Director of Public Works or his /her designee." Section J109.4 is amended to read: "Drainage across property lines. All graded lots shall drain to the street or publicly maintained facility. Cross lot drainage may be allowed at the sole discretion of the City Engineer /Director of Public Works. Drainage across property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage shall be contained onsite or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by the installation of nonerosive down drains or other devices acceptable to the City Engineer." BMC Title 15: 4 M IE CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, April 19, 2011, at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6`h Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the following matter(s): Ordinance No. 996 An Ordinance of the City Council of the City of Beaumont, California amending Chapter 15 of the Beaumont Municipal Code Entitled "Buildings and Construction" The purpose and intent of this Ordinance is to amend Chapter 15 of the Beaumont Municipal Code, `Buildings and Construction ". A summary of recent changes by the California Building Standards Commission include: • Adoption of Part 2.5, California Residential Code • Adoption of Part 11, California Green Building Standards Code • Moved Administration portion from rear of code Appendix chapter 1, to front of code Division II Scope and Administration with some renumbering of code sections. This revision of Chapter 15 will incorporate these changes, and transfer previous local amendments into the appropriate sections. Date: 04/19/2011 Name: Laura Parmenter Title: Customer Service Coordinator Publish one time only in the Record Gazette on April 8, 2011. City of Beaumont • 550 E. 6th Street • Beaumont • CA • 92223 • (951) 769 -8520 -. e_ STAFF REPORT TO: CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: SOLICITATIONC DATED: Y�2011 Background A review of the Beaumont Municipal Code reveals that there are no less than four Ordinances that regulate peddlers, solicitors and handbills: Chapter 5.26, entitled "Solicitation ", enacted in 1988; Chapter 5.64, entitled "Commercial Peddlers, Solicitors and Itinerant Merchants ", enacted in 2007; Chapter 8.28, entitled "Handbill Distribution ", enacted in 1972; and Chapter 9.36, entitled "Panhandling, Soliciting and Aggressive Solicitation ", enacted in 2008. Properly, none of these Chapters regulate non - profit, political or religious activities, and that is intentional. They only regulate commercial activities. However, Chapter 5.26 overlaps the other three Chapters and is causing confusion in the administration of these issues. Ignoring Chapter 5.26 for a moment, the other Chapters (5.64 [with slight amendment to clarify its application to solicitors], 8.28 and 9.36) are capable of addressing and resolving these issues: Church groups and political canvassers: they are unregulated and should be unregulated. 2. Girl Scouts, AYSO and all other non -profit organizations: they are not commercial enterprises. Selling candy and cookies involves solicitation and money, but that does not make such groups commercial operations. It is a mistake to interpret our Ordinances to include non - profits as commercial operations. Therefore, they are unregulated and should be unregulated. 3. Distribution of commercial flyers and handbills is flatly prohibited, and by definition the prohibition excludes non - profit, religious and political flyers and handbills. While the litter and crime issues associated with non - profit, political and religious flyers and handbills is not eliminated, the low risk associated with such activities is not sufficient to override First Amendment freedom. As for purely commercial solicitation, although STAFF REPORT TO: CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: SOLICITATION DATED: APRIL 19, 2011 Page 2 door -to -door solicitation (with flyers and handbills) is regulated by permit, it can be performed without a permit and at less cost by mail at a bulk rate. Recommendation Staff recommends that Chapter 5.26 be repealed as unnecessary and confusing and that Chapter 5.64 be slightly amended to clarify its application to solicitors. Therefore, it is recommended that Ordinance No. 992 be adopted for that purpose. ORDINANCE NO. 992 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA REPEALING SECTION 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: Ordinance 660, codified as Chapter 5.26, entitled "Solicitation", is hereby repealed in its entirety. Section 2: Ordinance 919, codified as Chapter 5.64, is hereby amended in its entirety to read as set forth on Exhibit "A ", attached hereto. Section 3: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 5h day of April, 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 3rd day of May, 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. 992 duly introduced at a regular meeting of the City Council of the City of Beaumont held on April 6, 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 Chapter 5.64 COMMERCIAL PEDDLERS SOLICITORS AND ITINERANT MERCHANTS Sections: 5.64.010 Definitions. 5.64.020 Applicability of Chapter. 5.64.030 Peddling and Soliciting on Certain Premises Prohibited. 5.64.040 Peddler, Solicitor and Itinerant Merchant Permit Required. 5.64.050 Permit Procedures. 5.64.060 Issuance of Permit. 5.64.070 Denial of Permit. 5.64.080 Revocation of Permit. 5.64.090 Police Chiefs Power to Order Cessation of Business. 5.64.100 Appeal of Permit Denial, Revocation or Suspension. 5.64.110 Peddler, Solicitor or Itinerant Merchant Permittee Responsibility. 5.64.120 Peddling or Soliciting From Fixed Location Prohibited. 5.64.130 Conditions of Peddler, Solicitor or Itinerant Merchant Permit. 5.64.140 Hours of Operation. 5.64.150 ID Display Requirements. 5.64.160 Garbage Disposal. 5.64.170 Noise Requirements. 5.64.180 Parking and Stopping Restrictions -Motor Vehicle -Based and Mobile Unit Peddlers, Solicitors and Itinerant Merchants. 5.64.190 Interstate Commerce. 5.64.200 Violations — Penalties. 5.64.210 Seizure of Goods. 5.64.220 Procedure for Release of Perishable Goods. 5.64.010 Definitions. Words and phrases not specifically defined in this section shall be construed according to the context and approved usage of the language. "Itinerant merchant" means any person who engages in a temporary business of selling and delivering goods, wares, or merchandise within the City, and who, in furtherance of such purpose, hires, leases, uses, or occupies any building structure, motor vehicle, tent, public rooms in hotels, lodging houses, apartments, shops, or any street alley, or other place within the City, for the exhibition and sale of such goods, wares, or merchandise, either privately or at public auction; provided that any person so engaged shall not be relieved from complying with the provisions of this Chapter merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant, or auctioneer. "Mobile unit" means any vehicle, truck, trailer, cart, pushcart, wagon, bicycle, dray, conveyance or structure on wheels, not firmly fixed to a permanent foundation, which is not required to have a license to operate issued by the California Department of Motor Vehicles. "Motor vehicle" means any automobile, truck, trailer or other conveyance requiring a license issued by the California Department of Motor Vehicles. "Peddler," for purposes of this Chapter, means any person traveling by foot, motor vehicle, mobile unit or any other type of conveyance from place to place conveying or transporting goods, wares, merchandise, foods, farm products, or provisions, or personal property of any nature whatsoever, and hawking or offering and exposing the same for sale, soliciting or taking or attempting to take orders for the same or for services to be furnished or performed in the future, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer or solicit or taking or attempting to take orders for the same for sale from a motor vehicle or mobile unit. "Peddling" means the act of being a peddler. "Permittee" means the holder of a peddler or itinerant merchant permit. "Person" means any natural person, corporation, association, co- partnership, or any other organization however organized. "Solicitor," for purposes of this Chapter, means any person who, for commercial purposes or causes, travels either by foot, motor vehicle, mobile unit or any other type of conveyance, from place to place taking or attempting to take orders for the sale of goods, wares, merchandise, foods, farm products, or provisions, or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, or whose activities may, in any way, result in such sale or the furnishing of such services, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sale or not. (Ord. No. 919, § 1,8- 21 -07) 6.64.020 Applicability of Chapter. A. Exemptions. 1. There shall be exempted from the prohibitions of this Chapter the activities of solicitors and peddlers selling and soliciting sales of newspapers from sidewalks abutting on public streets, except that no such solicitor or peddler shall offer newspapers for sale to passing motorists unless from a location adjacent to a clear, twenty -foot zone of curbside where private motor vehicles may legally stop for the loading and unloading of passengers. Notwithstanding any of the foregoing, a peddler or solicitor may not sell or solicit sales of newspapers in a place or manner which would unreasonably interfere with or obstruct the flow of pedestrian or motor vehicle traffic. 2. Peddlers, solicitors and itinerant merchants shall be exempt from the provisions of this Chapter when participating in an event subject and pursuant to a special events permit, street closure permit, or any other permit specifically authorizing such activity, issued by the City. 3. Garage or yard sales on private property shall be exempt from the provisions of this Chapter, except that the provisions of Section 5.08.11 0 shall apply to any such activities. B. Compliance by Existing Licensees. The provisions of this Chapter shall apply to any and all currently - permitted and /or licensed commercial peddlers, solicitors, and itinerant merchants by the City, who shall apply for, and obtain a permit in accordance with the provisions of this Chapter within ninety (90) days of its effective date. (Ord. No. 919, § 1,8- 21 -07) 5.64.030 Peddling and Soliciting on Certain Premises Prohibited. No peddler or solicitor nor any person pretending to be a peddler or solicitor, whether otherwise regulated by this Chapter or not, shall ring the bell or knock at any building whereon there is printed or affixed or otherwise displayed to public view any sign containing any or all of the following prohibitions: "No Peddlers," "No Solicitors," or "No Agents," or which otherwise purports to prohibit peddling or soliciting on such premises; provided that this prohibition shall not apply when a peddler or solicitor has an appointment with the occupants of such building. (Ord. No. 919, § 1,8- 21 -07) 5.64.040 Peddler, Solicitor and Itinerant Merchant Permit Required. It shall be unlawful for a person to engage in the business or activities of peddler, solicitor or itinerant merchant within the City except pursuant to and in strict compliance with a valid permit issued by the chief of police or his designee as provided in this Chapter. It shall be unlawful for any peddler, solicitor or itinerant merchant permittee to allow or tolerate any person who does not also have a peddler, solicitor or itinerant merchant permit to work for or under the direction of, or on behalf of, or as an agent of the permittee. The requirements for a permit under this Chapter shall be in addition to requirements of Title 5 of this Code relating to business licenses. (Ord. No. 919, § 1,8- 21 -07) 5.64.050 Permit Procedures. A. Permit - Application. Every application for a peddler, solicitor or itinerant merchant permit under this Chapter shall be made on a form provided by the chief of police or his designee, and shall contain the following information: 1. Name, mailing address, home address, and telephone number of applicant. 2. Presentation of a California driver's license, if any, or other photographic identification issued by a state or United States federal agency establishing the applicant's age as eighteen (18) or older. 3. Two (2) recent portrait photographs that clearly and accurately depict the applicant's current facial features. 4. The name under which the peddler, solicitor or itinerant merchant business or activity will be conducted, the address and telephone number of such business, and the name of the business owner. 5. A description of the goods, wares, merchandise, products, or any other thing or representation of value on consignment which will be the subject of the applicant's peddling or itinerant merchant business or activity. 6. A description of the logo, color scheme, insignia, and any other distinguishing characteristics of any motor vehicle or mobile unit to be used in the applicant's business or activities, including the license plate state and number for any motor vehicle. 7. The permit history of the applicant for the three -year period immediately preceding the date of the filing of the application, including whether the applicant has operated under any other business name or has ever had any similar license or permit revoked or suspended or has been convicted of a violation of this Chapter, and if so, the circumstances of such suspension, revocation or conviction. 8. The applicant's consent to a fingerprint check by the chief of police or his designee. 9. A statement as to whether or not applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than traffic violations, within the immediately preceding ten (10) years, and the nature of each such offense and the punishment or penalty assessed therefor. 10. A health permit, if required by the County of Riverside, issued by the County Health Department. 11. Evidence of motor vehicle insurance. 12. A permit fee in an amount established by the City Council. B. Permit -Term. Any peddler, solicitor or itinerant merchant permit issued pursuant to this Chapter shall be valid for a period of one (1) year from the date of issuance. (Ord. No. 919, § I, 8- 21 -07) 5.64.060 Issuance of Permit. The chief of police or his designee shall grant the peddler, solicitor or itinerant merchant permit within ten (10) days after receiving the completed application if he or she finds that all of the following requirements have been met: A. The required fees have been paid. B. The application conforms in all respects to the provisions of this Chapter. C. The applicant has not made a material misrepresentation of fact in the application. D. The applicant has not had a similar permit or license denied or revoked by the City within one (1) year prior to the date of the application. E. The applicant has not been convicted, during the three -year period immediately preceding the issuance of the permit, of any offenses involving moral turpitude or dishonesty, including but not limited to: 1. Burglary [Cal. Penal Code § 459]. 2. Robbery [Cal. Penal Code § 211 ]. 3. Theft [Cal. Penal Code § 484]. 4. Fraud or misrepresentation [Cal. Penal Code §§ 531, 532]. 5. Receiving, possession or sale of stolen goods [Cal. Penal Code § 496]. 6. Any felony offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, a peddler, solicitor or itinerant merchant business or activity. F. The applicant has obtained any other applicable City or county permits, including any City or county health permit required for the preparation and sale of food products. G. The applicant has obtained a valid City business license and paid the appropriate business license fee. (Ord. No. 919, § 1,8- 21 -07) 5.64.070 Denial of Permit. If the chief of police or his designee finds that all the requirements of Section 5.64.060 have not been met, he or she shall deny the application for the peddler, solicitor or itinerant merchant permit. Written notification of denial of the permit application, setting forth the grounds for denial, shall be served on the applicant by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the applicant at his or her mailing address as set forth in the permit application. Notice of denial of the application shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. (Ord. No. 919, § 1,8- 21 -07) 5.64.080 Revocation of Permit. Any peddler, solicitor or itinerant merchant permit may be revoked by the chief of police for good cause shown including but not limited to any of the following reasons: A. Falsification of any information supplied by the permittee upon which issuance of the permit was based. B. Failure of the permittee or any employees or agents of the permittee to comply with the regulations set forth in this Chapter. C. The permittee's conviction at any time of any offense involving moral turpitude or dishonesty, including but not limited to any of the following: I. Burglary [Cal. Penal Code § 459]. 2. Robbery [Cal. Penal Code § 211 ]. 3. Theft [Cal. Penal Code § 484]. 4. Fraud or misrepresentation [Cal. Penal Code §§ 531,532]. 5. Receiving, possession or sale of stolen goods [Cal. Penal Code § 496]. 6. Any felony offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, a peddler, solicitor or itinerant merchant business or activity. D. Written notification of revocation of the permit, setting forth the grounds for the revocation, shall be served on the permittee by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the permittee at his or her mailing address as set forth in the permit application. Notice of revocation of the permit shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. (Ord. No. 919, § 1,8- 21 -07) 5.64.090 Police Chiefs Power to Order Cessation of Business. Notwithstanding anything in this Chapter to the contrary, the chief of police shall have the authority to order the immediate cessation of peddling, soliciting or itinerant merchant activities upon revocation of a permit under this section if he or she deems it reasonably necessary for the preservation of the public health, safety or welfare. Prior to an action to require the immediate cessation of any such business, or within twenty -four (24) hours following such action, the chief of police shall issue a written notice to the permittee setting forth in detail the basis for such action. (Ord. No. 919, § 1,8- 21 -07) 5.64.100 Appeal of Permit Denial, Revocation or Suspension. A. Any applicant for a peddler, solicitor or itinerant merchant permit, or a permittee, shall have the right to appeal from a decision by the chief of police to deny a permit application or to revoke a permit, by filing with the city clerk a written notice of appeal, specifying the grounds for such appeal, within fifteen (15) days after the decision has been served on the applicant or permittee. Such appeal shall be heard by the City Manager or by an administrative hearing officer designated by or at the request of the City Manager, upon not less than fifteen (15) days' written notice to the appellant. The City Manager or the designated administrative hearing officer shall consider all relevant evidence at the hearing, continue the hearing for good cause, and require such legal briefing as may be required to address any issues raised by the appeal. Within a reasonable time, but not more than thirty (30) days following the conclusion of the hearing, the City Manager or the designated administrative hearing officer shall issue a written decision affirming, denying or modifying the decision from which the appeal was taken, supported by factual findings and determinations referenced by supporting evidence. The decision of the City Manager or designated administrative hearing officer shall be final. The written decision shall be served on the appellant as provided in Code of Civil Procedure Section 1094.6(b), with a copy submitted to the city clerk. The written decision shall include a notice to the appellant that the decision is subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6. Except as provided in Section 5.64.090, if a timely appeal is filed, any revocation shall be stayed pending the decision of the City Manager. Otherwise, the revocation shall become effective immediately upon expiration of the period for filing an appeal. B. No person whose permit is finally denied or revoked shall be eligible to apply for a new permit for a period of one (1) year following such final action. (Ord. No. 919, § 1,8-21-07) 5.64.110 Peddler. Solicitor or Itinerant Merchant Permittee Responsibility. The act or omission of any peddler, solicitor or itinerant merchant permittee's partner, owner, associate, director, manager, officer, agent or employee shall be deemed for all purposes under this Chapter to be the act or omission of the peddler, solicitor or itinerant merchant permittee regulated by this Chapter. (Ord. No. 919, § 1,8-21-07) 5.64.120 Peddling or Soliciting From Fixed Location Prohibited. It shall be unlawful for any person to operate a peddler, solicitor or itinerant merchant business from a fixed location in or on any public street, sidewalk, parking lot, right -of -way, city plaza, or other public property unless permitted in accordance with this Chapter. (Ord. No. 919, § 1,8- 21 -07) 5.64.130 Conditions of Peddler. Solicitor or Itinerant Merchant Permit. A. Each peddler, solicitor or itinerant merchant permit issued by the chief of police or his designee shall be subject to the terms and conditions set forth in this Chapter, and any additional conditions deemed reasonably necessary by the chief of police for the protection of the public health, safety or welfare. B. The provisions of this Chapter shall constitute operating regulations conditioning each and every permit hereunder. It shall be unlawful for any person to engage in a peddler, solicitor or itinerant merchant business or activity in violation of these provisions. C. Notwithstanding anything in this Chapter to the contrary, no peddler, solicitor or itinerant merchant shall operate or conduct his or her business or activity in a place or manner which would unreasonably interfere with or obstruct the flow of pedestrian or motor vehicle traffic in or on any street, alley or sidewalk, or which would unreasonably obstruct vehicular sight distances. (Ord. No. 919, § 1,8- 21 -07) 5.64.140 Hours of Operation. No person shall engage in a peddler, solicitor or itinerant merchant business or activity upon any private place, or any street, sidewalk, right -of -way, or other public place in the City between the hours of nine p.m. (9:00 p.m.) or one -half (1/2) hour after sunset, whichever comes first, and eight a.m. (8:00 a.m.) of the following day. (Ord. No. 919, § 1, 8- 21 -07) 5.64.150 ID Display Requirements. A. Each person who is engaged in a peddler, solicitor or itinerant merchant business or activity shall, at all times while so engaged, wear in plain sight on his or her person an identification (ID) card, provided by the chief of police or his designee, containing such information, including a suitable photograph, as the chief of police or his designee may require. The ID card shall be worn on the person's outermost garment, with the picture facing outward. B. Each person who is engaged in a peddler, solicitor or itinerant merchant business or activity shall, at all times while so engaged, have affixed in a conspicuous place on each motor vehicle or mobile unit being used in such business or activity, an identifying placard or other identifying emblem, to be provided by the chief of police or his designee. (Ord. No. 919, § 1, 8- 21 -07) 5.64.160 Garbage Disposal. No peddler, solicitor or itinerant merchant shall discard or deposit, or cause or allow to be discarded or deposited by any customer or person solicited, any garbage, sewage or any other waste materials or products onto any public or private property or into any public or private storm drain system. All motor vehicles and mobile units being used in a peddler, solicitor or itinerant merchant business or activity shall be equipped with trash receptacles large enough to contain all refuse generated by the operation of such motor vehicle or mobile unit. (Ord. No. 919, § 1,8-21-07) 5.64.170 Noise Requirements. Any person engaged in a peddler, solicitor or itinerant merchant business shall comply with all applicable noise regulations. (Ord. No. 919, § 1,8- 21 -07) 5.64.180 Parking and Stopping Restrictions -Motor Vehicle -Based and Mobile Unit Peddlers, Solicitors and Itinerant Merchants. A. It shall be unlawful for any motor vehicle -based or mobile unit peddler, solicitor or itinerant merchant to: 1. Permit any motor vehicle or mobile unit from which his or her business is being conducted to remain standing or stopped, for purposes of conducting said business, at any place on a public street, sidewalk, parking lot, right -of -way, or other public place, or within five hundred (500) feet thereof, for a total period of time exceeding fifteen (15) minutes within any two -hour period. 2. Make any stop, for the purpose of making or soliciting any sale upon any public street, sidewalk, right -of -way, or other public place, within five hundred (500) feet, measured along the traveled way of any public street or streets, of any school property. B. It shall be unlawful for any motor vehicle -based or mobile unit peddler, solicitor or itinerant merchant to conduct his or her business or activity from any motor vehicle or mobile unit upon any public street except from or at the side of such motor vehicle which is nearest to the curb of such street. C. No motor vehicle -based or mobile unit peddler, solicitor or itinerant merchant shall stop to conduct his or her business or activity from a motor vehicle or mobile unit within two hundred (200) feet of another motor vehicle -based or mobile unit peddler, solicitor or itinerant merchant who has already stopped to conduct business. (Ord. No. 919, § 1,8-21-07) 5.64.190 Interstate Commerce. None of the fees provided for by this Chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a fee is believed by a peddler, solicitor or itinerant merchant to place an undue burden on interstate commerce, he or she may apply to the City Manager, before or up to six (6) months following payment of the fee, for an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to such commerce. The applicant shall, by affidavit and supporting evidence, show his or her method of business and the gross volume or estimated gross volume of business, and other information as required by the City Manager to determine the extent of the burden on interstate commerce. The decision of the City Manager may be appealed to the City Council. (Ord. No. 919, § 1, 8- 21 -07) 5.64.200 Violation — Penalty In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Chapter 1.17 or shall be guilty of an infraction pursuant to Beaumont Municipal Code Chapter 1.16. In either case, the amount of the fine shall be the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Section 1.16.040. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor, punishable by a fine of $1,000.00, or six (6) months in jail, or both. 5.64.210 Seizure of Goods. Upon the citation or arrest of any person for violation of Section 5.64.040 of this Chapter, the City may seize and impound all perishable and nonperishable goods in the possession of the unlicensed peddler, solicitor or itinerant merchant. "Goods" means any consumable items, foods, beverages, merchandise or wares, being offered for sale. "Perishable" means any item or items that spoil, perish or decay rapidly; or are likely to spoil, perish or decay rapidly if not refrigerated, including but not limited to food, beverages and flowers. (Ord. No. 919, § I, 8- 21 -07) 5.64.220 Procedure for Release of Perishable Goods. A. Following citation or arrest pursuant to Section 5.64.040 of this Chapter, the unlicensed peddler, solicitor or itinerant merchant shall sign a declaration, which shall declare, under penalty of perjury, the name and contact information of the rightful owner of the seized goods. B. The City shall make a reasonable attempt to contact the rightful owner of any seized perishable goods, if other than the peddler, solicitor or itinerant merchant arrested or cited, in order to provide that owner with an opportunity to retrieve the goods within twenty -four (24) hours. The rightful owner, as set forth in the declaration described in subsection A. of this section, must present valid identification to the City before the City will release any seized goods. C. If the unlicensed peddler, solicitor or itinerant merchant claims to be the rightful owner of the seized perishable goods, such peddler, solicitor or itinerant merchant must present valid identification to the City, and must sign the declaration described in subsection A. of this section declaring himself or herself to be the rightful owner. In such case, the City shall provide such peddler, solicitor or itinerant merchant the opportunity to either: 1. Contact, with one (1) phone call (which one (1) phone call shall be in addition to any other phone calls permitted by law to an arrestee), another individual to pick up the seized perishable goods within twenty -four (24) hours; or 2. Sign a release allowing the City to immediately dispose of or donate any seized perishable goods if the goods cannot be picked up within twenty -four (24) hours. D. Prior to releasing, disposing or donating any perishable goods seized pursuant to Section 5.64.210 of this Chapter, the City shall inspect, and take photographs and any necessary samples of such goods to maintain as evidence. Chapter 5.64 COMMERCIAL PEDDLERS, SOLICITORS AND ITINERANT MERCHANTS Sections: 5.64.010 Definitions. 5.64.020 Applicability of Chapter. 5.64.030 Peddling and Soliciting on Certain Premises Prohibited. 5.64.040 Peddler, Solicitor and Itinerant Merchant Permit Required. 5.64.050 Permit Procedures. 5.64.060 Issuance of Permit. 5.64.070 Denial of Permit. 5.64.080 Revocation of Permit. 5.64.090 Police Chiefs Power to Order Cessation of Business. 5.64.100 Appeal of Permit Denial, Revocation or Suspension. 5.64.110 Peddler, Solicitor or Itinerant Merchant Permittee Responsibility. 5.64.120 Peddling or Soliciting From Fixed Location Prohibited. 5.64.130 Conditions of Peddler, Solicitor or Itinerant Merchant Permit. 5.64.140 Hours of Operation. 5.64.150 ID Display Requirements. 5.64.160 Garbage Disposal. 5.64.170 Noise Requirements. 5.64.180 Parking and Stopping Restrictions -Motor Vehicle -Based and Mobile Unit Peddlers, Solicitors and Itinerant Merchants. 5.64.190 Interstate Commerce. 5.64.200 Violations - and Penalties. 5.64.210 Seizure of Goods. 5.64.220 Procedure for Release of Perishable Goods. 5.64.010 Definitions. Words and phrases not specifically defined in this section shall be construed according to the context and approved usage of the language. As used in this Ghaptei:� "Itinerant merchant;" Chapter-, —means any person who engages in a temporary business of selling and delivering goods, wares, or merchandise within the City, and who, in furtherance of such purpose, hires, leases, uses, or occupies any building structure, motor vehicle, tent, public rooms in hotels, lodging houses, apartments, shops, or any street alley, or other place within the City, for the exhibition and sale of such goods, wares, or merchandise, either privately or at public auction; provided that any person so engaged shall not be relieved from complying with the provisions of this Chapter merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant, or auctioneer. "Mobile unit" means any vehicle, truck, trailer, cart, pushcart, wagon, bicycle, dray, conveyance or structure on wheels, not firmly fixed to a permanent foundation, which is not required to have a license to operate issued by the California Department of Motor Vehicles. "Motor vehicle" means any automobile, truck, trailer or other conveyance requiring a license issued by the California Department of Motor Vehicles. "Peddler," for purposes of this Chapter, means any person traveling by foot, motor vehicle, mobile unit or any other type of conveyance from place to place conveying or transporting goods, wares, merchandise, foods, farm products, or provisions, or personal property of any nature whatsoever, and hawking or offering and exposing the same for sale, soliciting or taking or attempting to take orders for the same or for services to be furnished or performed in the future, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer or solicit or taking or attempting to take orders for the same for sale from a motor vehicle or mobile unit. "Peddling" means the act of being a peddler. "Permittee" means the holder of a peddler or itinerant merchant permit. "Person" means any natural person, corporation, association, co- partnership, or any other organization however organized. "Solicitor," for purposes of this Chapter, means any person who, for commercial purposes or causes, travels either by foot, motor vehicle, mobile unit or any other type of conveyance, from place to place taking or attempting to take orders for the sale of goods, wares, merchandise, foods, farm products, or provisions, or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, or whose activities may, in any way, result in such sale or the furnishing of such services, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sale or not. (Ord. No. 919, § 1,8- 21 -07) 5.64.020 Applicability of Chapter. A. Exemptions. 1. There shall be exempted from the prohibitions of this Chapter the activities of solicitors and peddlers selling and soliciting sales of newspapers from sidewalks abutting on public streets, except that no such solicitor or peddler shall offer newspapers for sale to passing motorists unless from a location adjacent to a clear, twenty -foot zone of curbside where private motor vehicles may legally stop for the loading and unloading of passengers. Notwithstanding any of the foregoing, a peddler or solicitor may not sell or solicit sales of newspapers in a place or manner which would unreasonably interfere with or obstruct the flow of pedestrian or motor vehicle traffic. 2. Peddlers, solicitors and itinerant merchants shall be exempt from the provisions of this Chapter when participating in an event subject and pursuant to a special events permit, street closure permit, or any other permit specifically authorizing such activity, issued by the City. 3. Garage or yard sales on private property shall be exempt from the provisions of this Chapter, except that the provisions of Section 5.08.11 0 shall apply to any such activities. 4. PeddleFs OF 60"GiteFs engaging in doeF to deeF peddling or se"Gitation shall be exempt fFGM the provisions of thus Ghapter, eXGept that the pFevisions of SeGt 5.64.030 shall apply to any sUGh ivities. B. Compliance by Existing Licensees. The provisions of this Chapter shall apply to any and all currently- permitted and /or licensed commercial peddlers, solicitors, and itinerant merchants by the City, who shall apply for, and obtain a permit in accordance with the provisions of this Chapter within ninety (90) days of its effective date. (Ord. No. 919, § 1,8- 21 -07) 5.64.030 Peddling and Soliciting on Certain Premises Prohibited. No peddler or solicitor nor any person pretending to be a peddler or solicitor, whether otherwise regulated by this Chapter or not, shall ring the bell or knock at any building whereon there is printed or affixed or otherwise displayed to public view any sign containing any or all of the following prohibitions: "No Peddlers," "No Solicitors," or "No Agents," or which otherwise purports to prohibit peddling or soliciting on such premises; provided that this prohibition shall not apply when a peddler or solicitor has an appointment with the occupants of such building. (Ord. No. 919, § 1,8- 21 -07) 5.64.040 Peddler. Solicitor and Itinerant Merchant Permit Required. It Formatted: mot: Bad, urdedine shall be unlawful for a person to engage in the business or activities of peddler, solicitor or itinerant merchant within the City except pursuant to and in strict compliance with a valid permit issued by the chief of police or his designee as provided in this Chapter. It shall be unlawful for any peddler, solicitor or itinerant merchant permittee to allow or tolerate any person who does not also have a peddler, solicitor or itinerant merchant permit to work for or under the direction of, or on behalf of, or as an agent of the permittee. The requirements for a permit under this Chapter shall be in addition to requirements of Title 5 of this Code relating to business licenses. (Ord. No. 919, § 1,8- 21 -07) 5.64.050 Permit Procedures. A. Permit - Application. Every application for a peddler, solicitor or itinerant merchant permit under this Chapter shall be made on a form provided by the chief of police or his designee, and shall contain the following information: 1. Name, mailing address, home address, and telephone number of applicant. 2. Presentation of a California driver's license, if any, or other photographic identification issued by a state or United States federal agency establishing the applicant's age as eighteen (18) or older. 3. Two (2) recent portrait photographs that clearly and accurately depict the applicant's current facial features. 4. The name under which the peddler, solicitor or itinerant merchant business or activity will be conducted, the address and telephone number of such business, and the name of the business owner. 5. A description of the goods, wares, merchandise, products, or any other thing or representation of value on consignment which will be the subject of the applicant's peddling or itinerant merchant business or activity. 6. A description of the logo, color scheme, insignia, and any other distinguishing characteristics of any motor vehicle or mobile unit to be used in the applicant's business or activities, including the license plate state and number for any motor vehicle. 7. The permit history of the applicant for the three -year period immediately preceding the date of the filing of the application, including whether the applicant has operated under any other business name or has ever had any similar license or permit revoked or suspended or has been convicted of a violation of this Chapter, and if so, the circumstances of such suspension, revocation or conviction. 8. The applicants consent to a fingerprint check by the chief of police or his designee. 9. A statement as to whether or not applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than traffic violations, within the immediately preceding ten (10) years, and the nature of each such offense and the punishment or penalty assessed therefor. 10. A health permit, if required by the County of Riverside, issued by the County Health Department. 11. Evidence of motor vehicle insurance. 12. A permit fee in an amount established by the City Council. B. Permit -Term. Any peddler, solicitor or itinerant merchant permit issued pursuant to this Chapter shall be valid for a period of one (1) year from the date of issuance. (Ord. No. 919, § I, 8- 21 -07) 5.64.060 Issuance of Pennit. The chief of police or his designee shall grant the peddler, solicitor or itinerant merchant permit within ten (10) days after receiving the completed application if he or she finds that all of the following requirements have been met: A. The required fees have been paid. B. The application conforms in all respects to the provisions of this Chapter. C. The applicant has not made a material misrepresentation of fact in the application. D. The applicant has not had a similar permit or license denied or revoked by the City within one (1) year prior to the date of the application. E. The applicant has not been convicted, during the three -year period immediately preceding the issuance of the permit, of any offenses involving moral turpitude or dishonesty, including but not limited to: 1. Burglary [Cal. Penal Code § 459]. 2. Robbery [Cal. Penal Code § 211 ]. 3. Theft [Cal. Penal Code § 484]. 4. Fraud or misrepresentation [Cal. Penal Code §§ 531, 532]. 5. Receiving, possession or sale of stolen goods [Cal. Penal Code § 496]. 6. Any felony offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, a peddler, solicitor or itinerant merchant business or activity. F. The applicant has obtained any other applicable City or county permits, including any City or county health permit required for the preparation and sale of food products. G. The applicant has obtained a valid City business license and paid the appropriate business license fee. (Ord. No. 919, § 1,8- 21 -07) 5.64.070 Denial of Permit. If the chief of police or his designee finds that all the requirements of Section 5.64.060 have not been met, he or she shall deny the application for the peddler, solicitor or itinerant merchant permit. Written notification of denial of the permit application, setting forth the grounds for denial, shall be served on the applicant by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the applicant at his or her mailing address as set forth in the permit application. Notice of denial of the application shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. (Ord. No. 919, § 1,8- 21 -07) 5.64.080 Revocation of Permit Any peddler, solicitor or itinerant merchant permit may be revoked by the chief of police for good cause shown including but not limited to any of the following reasons: A. Falsification of any information supplied by the permittee upon which issuance of the permit was based. B. Failure of the permittee or any employees or agents of the permittee to comply with the regulations set forth in this Chapter. C. The permittee's conviction at any time of any offense involving moral turpitude or dishonesty, including but not limited to any of the following: I. Burglary [Cal. Penal Code § 459]. 2. Robbery [Cal. Penal Code § 211]. 3. Theft [Cal. Penal Code § 4841. 4. Fraud or misrepresentation [Cal. Penal Code §§ 531,532]. 5. Receiving, possession or sale of stolen goods [Cal. Penal Code § 496]. 6. Any felony offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, a peddler, solicitor or itinerant merchant business or activity. D. Written notification of revocation of the permit, setting forth the grounds for the revocation, shall be served on the permittee by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the permittee at his or her mailing address as set forth in the permit application. Notice of revocation of the permit shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. (Ord. No. 919, § 1,8- 21 -07) 5.64.090 Police Chiefs Power to Order Cessation of Business. Notwithstanding anything in this Chapter to the contrary, the chief of police shall have the authority to order the immediate cessation of peddling, solicitinq or itinerant merchant activities upon revocation of a permit under this section if he or she deems it reasonably necessary for the preservation of the public health, safety or welfare. Prior to an action to require the immediate cessation of any such business, or within twenty-four (24) hours following such action, the chief of police shall issue a written notice to the permittee setting forth in detail the basis for such action. (Ord. No. 919, § 1,8- 21 -07) 5.64.100 Appeal of Permit Denial Revocation or Suspension. A. Any applicant for a peddler, solicitor or itinerant merchant permit, or a permittee, shall have the right to appeal from a decision by the chief of police to deny a permit application or to revoke a permit, by filing with the city clerk a written notice of appeal, specifying the grounds for such appeal, within fifteen (15) days after the decision has been served on the applicant or permittee. Such appeal shall be heard by the City Manager or by an administrative hearing officer designated by or at the request of the City Manager, upon not less than fifteen (15) days' written notice to the appellant. The City Manager or the designated administrative hearing officer shall consider all relevant evidence at the hearing, continue the hearing for good cause, and require such legal briefing as may be required to address any issues raised by the appeal. Within a reasonable time, but not more than thirty (30) days following the conclusion of the hearing, the City Manager or the designated administrative hearing officer shall issue a written decision affirming, denying or modifying the decision from which the appeal was taken, supported by factual findings and determinations referenced by supporting evidence. The decision of the City Manager or designated administrative hearing officer shall be final. The written decision shall be served on the appellant as provided in Code of Civil Procedure Section 1094.6(b), with a copy submitted to the city clerk. The written decision shall include a notice to the appellant that the decision is subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6. Except as provided in Section 5.64.090, if a timely appeal is filed, any revocation shall be stayed pending the decision of the City Manager. Otherwise, the revocation shall become effective immediately upon expiration of the period for filing an appeal. B. No person whose permit is finally denied or revoked shall be eligible to apply for a new permit for a period of one (1) year following such final action. (Ord. No. 919, § 1,8-21-07) 5.64.110 Peddler Solicitor or Itinerant Merchant Permittee Fo matted: Font: Bola Responsibility. The act or omission of any peddler, solicitor or itinerant merchant permittee's partner, owner, associate, director, manager, officer, agent or employee shall be deemed for all purposes under this Chapter to be the act or omission of the peddler, solicitor or itinerant merchant permittee regulated by this Chapter. (Ord. No. 919, § 1,8- 21 -07) 5.64.120 Peddling or Soliciting From Fixed Location Prohibited. It shall be unlawful for any person to operate a peddler, solicitor or itinerant merchant business from a fixed location in or on any public street, sidewalk, parking lot, right -of -way, city plaza, or other public property unless permitted in accordance with this Chapter. (Ord. No. 919, § 1,8- 21-07) 5.64.130 Conditions of Peddler Solicitor or Itinerant Merchant Permit. Formatted: Font: Bold A. Each peddler, solicitor or itinerant merchant permit issued by the chief of police or his designee shall be subject to the terms and conditions set forth in this Chapter, and any additional conditions deemed reasonably necessary by the chief of police for the protection of the public health, safety or welfare. B. The provisions of this Chapter shall constitute operating regulations conditioning each and every permit hereunder. It shall be unlawful for any person to engage in a peddler, solicitor or itinerant merchant business or activity in violation of these provisions. C. Notwithstanding anything in this Chapter to the contrary, no peddler, solicitor or itinerant merchant shall operate or conduct his or her business or activity in a place or manner which would unreasonably interfere with or obstruct the flow of pedestrian or motor vehicle traffic in or on any street, alley or sidewalk, or which would unreasonably obstruct vehicular sight distances. (Ord. No. 919, § 1,8- 21 -07) 5.64.140 Hours of Operation. No person shall engage in a peddler, solicitor or itinerant merchant business or activity upon any private place, or any street, sidewalk, right -of -way, or other public place in the City between the hours of nine p.m. (9:00 p.m.) or one -half (1/2) hour after sunset, whichever comes first, and eight a.m. (8:00 a.m.) of the following day. (Ord. No. 919, § 1, 8- 21 -07) 5.64.150 ID Display Requirements. A. Each person who is engaged in a peddler, solicitor or itinerant merchant business or activity shall, at all times while so engaged, wear in plain sight on his or her person an identification (ID) card, provided by the chief of police or his designee, containing such information, including a suitable photograph, as the chief of police or his designee may require. The ID card shall be worn on the person's outermost garment, with the picture facing outward. B. Each person who is engaged in a peddler, solicitor or itinerant merchant business or activity shall, at all times while so engaged, have affixed in a conspicuous place on each motor vehicle or mobile unit being used in such business or activity, an identifying placard or other identifying emblem, to be provided by the chief of police or his designee. (Ord. No. 919, § 1, 8- 21 -07) 5.64.160 Garbage Disposal. No peddler, solicitor or itinerant merchant shall discard or deposit, or cause or allow to be discarded or deposited by any customer or person solicited, any garbage, sewage or any other waste materials or products onto any public or private property or into any public or private storm drain system. All motor vehicles and mobile units being used in a peddler, solicitor or itinerant merchant business or activity shall be equipped with trash receptacles large enough to contain all refuse generated by the operation of such motor vehicle or mobile unit. (Ord. No. 919, § 1,8-21-07) 5.64.170 Noise Requirements. Any person engaged in a peddler, solicitor or itinerant merchant business shall comply with all applicable noise regulations. (Ord. No. 919, § 1,8- 21 -07) 5.64.180 Parking and Stopping Restrictions -Motor Vehicle -Based and Mobile Unit Peddlers Solicitors and Itinerant Merchants. Formatted: Font: Bold, underline A. It shall be unlawful for any motor vehicle -based or mobile unit peddler, solicitor or itinerant merchant to: 1. Permit any motor vehicle or mobile unit from which his or her business is being conducted to remain standing or stopped, for purposes of conducting said business, at any place on a public street, sidewalk, parking lot, right -of -way, or other public place, or within five hundred (500) feet thereof, for a total period of time exceeding fifteen (15) minutes within any two -hour period. 2. Make any stop, for the purpose of making or soliciting any sale upon any public street, sidewalk, right -of -way, or other public place, within five hundred (500) feet, measured along the traveled way of any public street or streets, of any school property. B. It shall be unlawful for any motor vehicle -based or mobile unit peddler, solicitor or itinerant merchant to conduct his or her business or activity from any motor vehicle or mobile unit upon any public street except from or at the side of such motor vehicle which is nearest to the curb of such street. C. No motor vehicle -based or mobile unit peddler, solicitor or itinerant merchant shall stop to conduct his or her business or activity from a motor vehicle or mobile unit within two hundred (200) feet of another motor vehicle -based or mobile unit peddler, solicitor or itinerant merchant who has already stopped to conduct business. (Ord. No. 919, § 1,8- 21 -07) 5.64.190 Interstate Commerce. None of the fees provided for by this Chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a fee is believed by a peddler, solicitor or itinerant merchant to place an undue burden on interstate commerce, he or she may apply to the City Manager, before or up to six (6) months following payment of the fee, for an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to such commerce. The applicant shall, by affidavit and supporting evidence, show his or her method of business and the gross volume or estimated gross volume of business, and other information as required by the City Manager to determine the extent of the burden on interstate commerce. The decision of the City Manager may be appealed to the City Council. (Ord. No. 919, § 1, 8- 21 -07) 5.64.200 Violation —Penal In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Chapter 1.17 or shall be guilty of an infraction pursuant to Beaumont Municipal Code Chapter 1.16. In either case, the amount of the fine shall be the appropriate amount set forth in Section 1. 16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Section 1.16.040. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor, punishable by a fine of $1,000.00, or six (6) months in *ail, or both. 6.64.200 Violations and Penalties. misdAmwannr, or by any rernedy available to the City iindtar this Gode, 9F under law- 5.64.210 Seizure of Goods. Upon the citation or arrest of any person for violation of Section 5.64.040 of this Chapter, the City may seize and impound all perishable and nonperishable goods in the possession of the unlicensed peddler, solicitor or itinerant merchant. "Goods" means any consumable items, foods, beverages, merchandise or wares, being offered for sale. "Perishable" means any item or items that spoil, perish or decay rapidly; or are likely to spoil, perish or decay rapidly if not refrigerated, including but not limited to food, beverages and flowers. (Ord. No. 919, § 1, 8- 21 -07) 5.64.220 Procedure for Release of Perishable Goods. A. Following citation or arrest pursuant to Section 5.64.040 of this Chapter, the unlicensed peddler, solicitor or itinerant merchant shall sign a declaration, which shall declare, under penalty of perjury, the name and contact information of the rightful owner of the seized goods. B. The City shall make a reasonable attempt to contact the rightful owner of any seized perishable goods, if other than the peddler, solicitor or itinerant merchant arrested or cited, in order to provide that owner with an opportunity to retrieve the goods within twenty-four (24) hours. The rightful owner, as set forth in the declaration described in subsection A. of this section, must present valid identification to the City before the City will release any seized goods. C. If the unlicensed peddler, solicitor or itinerant merchant claims to be the rightful owner of the seized perishable goods, such peddler, solicitor or itinerant merchant must present valid identification to the City, and must sign the declaration described in subsection A. of this section declaring himself or herself to be the rightful owner. In such case, the City shall provide such peddler, solicitor or itinerant merchant the opportunity to either: 1. Contact, with one (1) phone call (which one (1) phone call shall be in addition to any other phone calls permitted by law to an arrestee), another individual to pick up the seized perishable goods within twenty-four (24) hours; or 2. Sign a release allowing the City to immediately dispose of or donate any seized perishable goods if the goods cannot be picked up within twenty -four (24) hours. D. Prior to releasing, disposing or donating any perishable goods seized pursuant to Section 5.64.210 of this Chapter, the City shall inspect, and take photographs and any necessary samples of such goods to maintain as evidence. E. Any perishable goods not retrieved within twenty-four (24) hours shall be immediately donated or discarded by the City, with no liability to the City for such action. F. Nothing contained in this Chapter shall limit the authority of the City to cite the owner of the seized goods for violations of this Code. G. The police chief may adopt reasonable rules and regulations, not inconsistent with this Chapter, in order to implement this section. (Ord. No. 919, § 1,8- 21 -07) Resolution No. 2011 -07 A Resolution of the City of Beaumont in Opposition to the Governor's Realignment Proposal to Shift Adult Parole Programs, Services and Supervision from the State to Local Governments WHEREAS, as part of its 2011 -2012 Budget Realignment Proposal, the Governor has proposed to shift Adult Parole programs, services and supervision from the state to local governments by July 1, 2011; and WHEREAS, approximately 18,500 paroles will be supervised at the local level first year; and WHEREAS, the State has no formal plans or formula in place for how local government will house, treat, or supervise parolees; and WHEREAS, a clear implementation plan for realignment is necessary, along with adequate funding and staffing to support such a drastic transition; and WHEREAS, the cost to provide parolee supervision and services varies based on the type of services provided; residential services (housing and social services) or non - residential (social services only); and WHEREAS, to provide parolee supervision and services (housing and social services) is estimated to cost $98 per day per parolee. Or to provide parolee supervision and non - residential services (social services only) is estimated to cost $48 per day per parolee; and WHEREAS, local government may receive $15.62 per day per parolee ($5,700 per year per parolee) from the State for supervision and services; and WHEREAS, the $5,700 per year per parolee distribution of funds between the counties and local city law enforcements is not solidified; and WHEREAS, the cost off -set of $5,700 per year per parolee for supervision and services equate to 16% of the costs to provide parolee supervision and residential services and 33% of the costs to provide parolee supervision and non - residential services; and WHEREAS, the local government funding proposed in the Budget Realignment Proposal is inadequate to provide supervision and services at the local level; and WHEREAS, funding for the realignment proposal is not budgeted in the cities' budget; and WHEREAS, shifting adult parole programs, services and supervision from the state to local government by July 1, 2011 is unworkable and poor public policy; and THEREFORE, BE IT RESOLVED that the City of Beaumont formally opposes the Governor's Realignment Proposal to shift Adult Parole programs, services and supervision from the state to local government. MOVED PASSED AND ADOPTED this 3�d day of May, 2011 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Mayor De Forge ATTEST: Deputy City Clerk 3 1 5 6 7 R 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Don Yaryan and Robert Eugene Schaefer c/o 867 West County Line Road Calimesa, California Postal Zone 92320 909-795 - No Fax In Pro Se 3 RECEIVED City of Beaumont APR 112011 !X7,71 .• l�• 1. •' THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA Don Yaryan and Robert Eugene Schaefer Plaintiff's, VS. CITY OF CALIMESA, a political subdivision and Body Politic of the STATE OF CALIFORNIA; COUNTY OF RIVERSIDE, a political subdivision and Body Politic or corporate division of the STATE OF CALIFORNIA; Riverside County, a political subdivision of the State of California RICHARDS, WATSON & GERSHON, A Professional Corporation; Kevin G. Ennis, a human impersonating a governmentally Case No. FIRST AMENDED VERIFIED LAW OF THE LAND, AND ITS COMMON -LAW, ACTION -AT- LAW FOR DAMAGES; FOR DEPRAVATION OF RIGHTS GUARANTEED AND SECURED BY THE FIRST, FOURTH, FIFTH, AND SEVENTH AMENDMENTS TO THE CONSTITUTION FOR THE UNITED STATES OF AMERICA AND THOSE OTHER RIGHTS CLEARLY SPECIFIED IN THE "SUPREMACY CLAUSE - LAWS OF THE UNITED STATES" AS WELL AS THE RACKETEERING INFLUENCE AND CORRUPT ORGANIZATIONS ACT (RICO) I FIRST AMENDED VERIFIED LAW OF THE LAND, AND ITS COMMON -LAW, ACTION -AT -LAW FOR DAMAGES; FOR DEPRAVATION OF RIGHTS GUARANTEED AND SECURED BY THE FIRST. FOURTH, FIFTH, AND SEVENTH AMENDMENTS TO THE CONSTITUTION FOR THE UNITED STATES OF AMERICA AND THOSE OTHER RIGHTS CLEARLY SPECIFIED IN THE "SUPREMACY CLAUSE - LAWS OF THE UNITED STA "TES ",kS WELL AS THE RACKETEERING INFLUENCE AND CORRUPT ORGANIZATIONS ACT (RICO) (18 USCS Sections 1961,1962(c), 1964(c) et seq.). hi Agenda Item No. S - k STAFF REPORT To: Mayor and Council Members From: Community and Economic Development Department Date: May 3, 2011 Subject: Acceptance of Quitclaim Deed to 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. One of these lots are located within tracts 31521 -1 and is 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 Quitclaim Deed for consideration, the lot is fully developed as landscaping slopes that was installed by the developer and it's staff's opinion that it makes more sense for the adjacent landowner to take over this lot since the irrigation lines are tied to the adjacent landowner lot. Analysis: The proposed Quitclaim Deed would release an offer made by KB Homes for a "Conservation Easement" to the City as part of Tract 31521 -1, Lots 79. The property in question is 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 Demin Assistant Director of Planning 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 $ 0 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 - 711 -006 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 79 per TR 31521 -1 filed in Book 397, Pages 100 through 106, inclusive, recorded February 27, 2006 as Instrument No. 2006 - 0139380, Records of County of Riverside, State of California. Signature of Record Owner(s) Notarized STATE OF CALIFORNIA COUNTY OF }SS. By: } ON before me, (Print Name and title) personally appeared 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 Department Use Only Title: Mayor City of Beaumont 'see additional sheets for additional notaries' (This area for official notarial seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE STAFFREPORT Agenda Item � , 1 TO: Mayor and Council Members FROM: Community and Economic Development Department DATE: May 3, 2011 SUBJECT: Update on Compliance with Maximum Benefit Requirements Background and Analysis: The attached reports provide an update on compliance with efforts of the City of Beaumont to help manage groundwater resources. The information will be forwarded to the State of California Regional Water Quality Control Board in accordance with requirements set forth in the City's waste discharge permit for its wastewater treatment plant. 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That flexibility, however, is not incorporated in a number of the Ordinances that make up the Beaumont Municipal Code. Therefore, staff proposes that a uniform penalty provision applicable to all Ordinances in the BMC be enacted so that violation of any such Ordinance would result in a penalty fashioned pursuant to the general penalty provision of Section 1.16.030. Recommendation Therefore, Staff recommends approval of the first reading of Ordinance No. 997, which Ordinance would amend various sections of the Beaumont Municipal Code to provide for uniform penalty provision. i1(L L ORDINANCE NO. 997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTIONS 8.08.130, 8.28.020, 8.32.520, 8.36.140, 8.46.050, 8.50.100.511, 9.02.090, 9.04.040, 9.10.050, 9.12.060, 9.22.050, 9.30.030, 9.32.050, 9.36.060, 12.16.120, 12.24.030, 12.28.040, 13.04.160, 13.08.650 AND 13.12.020 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: Sections 8.08.130, 8.28.020, 8.32.520, 8.36.140, 8.46.050, 8.50.100.5B, 9.02.090, 9.04.040, 9.10.050, 9.12.060, 9.22.050, 9.30.030, 9.32.050, 9.36.060, 12.16.120, 12.24.030, 12.28.040, 13.04.160, 13.08.650 and 13.12.020 of the Beaumont Municipal Code are each hereby amended in their entirety to read as follows: "Section Violation — Penalty In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Chapter 1.17 or shall be guilty of an infraction pursuant to Beaumont Municipal Code Chapter 1.16. In either case, the amount of the fine shall be the appropriate amount set forth in Section 1. 16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Section 1.16.040. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor, punishable by a fine of $1,000.00, or six (6) months in jail, or both." Section 2: 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: ATTEST: City Clerk CITY OF BEAUMONT BRIAN DEFORGE, Mayor CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 997 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 UZZ (SEAL) KAREN THOMPSON, City Clerk 2 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 997 -44356 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: April 22, 2011 Executed on: 04/22/2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, t hat the Beaumont City Council will conduct a public hearing on Tuesday, May 03, 2011, at approwmately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the following matter(s): Ordinance No. 997 -An Ordinance of the City Council of the City of Beaumont, Califomia amending sections 8.08.130, 8.28.020, 8.32.520, 8.36.140, 8.48.050, 8.50.100.58, 9.02.090, 9.04.040, 9.10.050,9.12.060,9.22-050, 9.30. 030, 9.32. 050, 9.36. 060,12.16. 120,12.24. 030 ,12.28.040,13.04.160,13.08.650 and 13.12.020 of the Beaumont Municipal Code It is the purpose and intent of this Ordinance that a uniform penalty provision applicable to all Ordinances in the BMC's be enacted so that violations of any such Ordinance would result in a penalty fashioned pursuant to the general penalty provision of Section 1.16.030. Date: 04 /12111. -s- Christina Bowser Name: Christina Bowser Title: Code Enforcement Officer Publish The Record Gazette No. 44356 04122, 2011 STAFFREPORT Agenda Item q ' L TO: Mayor and Council Members FROM: Community and Economic Development Department DATE: May 3, 2011 SUBJECT: Negative Declaration and Streambed Agreement for the Brookside Avenue Bridge Crossing of Noble Creek Background and Analysis: The proposed Negative Declaration and Streambed Alteration Agreement have been prepared for the construction of the new Brookside Avenue bridge crossing of Noble Creek near Beaumont High School. The new bridge crossing will remove approximately 1,200 square feet of asphalt road in the bottom of Noble Creek, west of the intersection of Beaumont Avenue within the Brookside Avenue right -of -way. The new bridge will replace the existing asphalt dip crossing with two 24 -foot wide arch bridge structures with a pier between them. The bridge will span a 49 -foot wide channel which flows at a diagonal angle to Brookside Avenue, elevate approximately 820 feet of Brookside Avenue east and west of the bridge and install new retaining walls on both sides of the street to minimize grading in the creek area. The road's future paved section of will vary from 52 -feet wide at the west end to 60 -feet wide on the east end of the project. Although the project will not add additional travel lanes, it will be slightly wider to promote safer vehicular traffic and help alleviate traffic congestion near the high school. The project will also extend a 10 -foot wide multi - purpose trail (Class I) on the north side of the roadway to connect to existing and future pedestrian and bike trails along Beaumont Avenue. All of the improvements will be located in city rights -of -way. Some utilities including water, gas and telecommunication will require relocation to accommodate the new bridge. The project improvements will be located in the City, once the school district property for the new administration center and sports complex is annexed to the City. Seasonal storm water flows over the top of the existing road results is flooding hazards for vehicles and school age children needing to cross the creek in order to attend school functions. Under rainy conditions, higher creek flows make this segment of Brookside Avenue impassable, necessitating periodic road closures. The proposed installation of a new bridge and public road improvements will help mitigate traffic and public safety impacts associated with Beaumont High School. The Noble Creek streambed near Brookside Avenue is sparsely vegetated and classified as "non - wetland" water by the U.S. Army Corps of Engineers. There is little or no evidence of the presence of any special status plants or wildlife species located in the project area. The project will increase the area of natural sandy bottom wash in Noble Creek near Brookside Avenue by approximately 1,200 square feet. Although some construction related disturbance to the channel will occur, these impacts will be minor in nature and short term in duration and thus, will be far below the threshold of significance given the project's design and strict adherence to the City's BMP's and construction codes. Moreover, no long term impacts are associated with project, either directly or indirectly, that are not currently present in the absence of the project. The proposed Negative Declaration (Neg. Dec.) was prepared after the project's Initial Study evaluation determined that the project will not result in any additional adverse impacts on the environment. Given that the project involves State Agencies (i.e. California Department of Fish and Game and the State Regional Water Quality Control Board), CEQA requires transmittal of the environmental document to the State Clearinghouse to facilitate project review by these Responsible State Agencies. On March 19, 2011, the State Clearinghouse circulated the Neg. Dec. document (SCH No. 2011031063) to said Agencies. The review period officially ended on April 19, 2011. Additionally, the City circulated copies of the Neg. Dec. to Responsible Local Agencies in Riverside County. Further, public notice of the documents availability for review at the City was published in the local newspaper 30 days prior to its hearing date so all affected and interested parties had an opportunity to comment on the project. All public comments have been reviewed and appropriately addressed by staff as mandated under the CEQA guidelines, including minor corrections to the Air Quality Section III on pages 11 & 12 based on comments received from the South Coast Air Quality Management District. Staff has attached a Response to Comments to all Agency Comment Letters received. Additionally, attached is a draft Streambed Alteration Agreement prepared for the project by the California Department of Fish and Game is submitted for approval. Recommendation: Based on the analysis of the project's potential environmental impacts, staff recommends ADOPTION of Negative Declaration No. 11- ND -03, APPROVAL of the Project Progress Report and APPROVAL of the Streambed Alteration Agreement with CDFG, Notification No. 1600 - 2010 - 0118 -R6, subject to the authority of the City Attorney to make changes. CITY OF BEAUMONT PROJECT PROGRESS REPORT CAPITAL IMPROVEMENT PLAN Source Beaumont Redevelopment Project Noble Creek Crossing at of Agency Name: Brookside Funds: Avenue Project Contrac As per CIP Contractor's Contractors: As per approved CIP contractors t Date: Agreements list Const. Budget: TBD Subcontractors: N/A A &E Budget: As per approved contractor Project Start Date: June 3, 2011 agreements. Report Period: January — April 2011 Work Completed During Report Period: Prepared Street Improvement Plan and Initial Study & Negative Declaration (SCH No. 2011031063 & City Neg Dec No. 11- ND -03). Prepared and processed regulatory agency permits. Negotiated and prepared draft cost sharing agreement. Prepared plans, specifications and contract documents. Problems or Delays During Report Period: No problems or delays. Change Orders: No Change Orders. Recommendation(s) for City Council Action: Authorize the City Manager to expend funds to prepare and process all necessary permits and agreements as required to implement the project. Adopt Negative Declaration and approve streambed alteration agreement. Report Submitted by: City of Beaumont Planning Department Mayor's Signature Date of City Council Approval CITY OFBEAUMONT ENVIRONMENTAL ANALYSIS INITIAL STUDY / NEGATVE DECLARATION for Noble Creek Crossing at Brookside Avenue Located in the City of Beaumont (Revised After Comments May 2011) This Environmental Analysis will review potential impacts associated with the improvement of a portion of Brookside Avenue that is currently serviced by a substandard Arizona -style stream crossing which is subject to roadway flooding and street closures during the rainy season. The existing Arizona crossing facility will be replaced by new dual arch style bridge structures at Noble Creek which will span a 49 -foot wide channel at a diagonal angle to Brookside Avenue. Environmental Analysis (per CEQA / EA Checklist / Appendix G) This Initial Study has been prepared in accordance with State guidelines and provisions outlined by the California Environmental Quality Act (CEQA). This document constitutes an Environmental Assessment of the Noble Creek Crossing at Brookside Avenue Project located in the City of Beaumont, California. The purpose of this analysis is to determine whether or not the proposed project may have a significant effect(s) on the environment and to evaluate whether proposed mitigation measures (if any) are in place to offset these impacts to reduce them to a less - than- significant level. Project information is as follows: 1. Project Title: Noble Creek Crossing at Brookside Avenue Project 2. Lead Agency Name and Address: City of Beaumont Planning Department, 550 East 6d' Street, Beaumont, CA 92223 3. Contact Person and Phone Number: Rebecca Deming, Assistant Director of Planning (951) 769 -8518 4. Project Location: The project site begins Lust west of the intersection of Beaumont Avenue and Brookside Avenue and runs approximately 900 feet due west along Brookside Avenue in the City of Beaumont Riverside County California (see Exhibit 1 / Location Map and Exhibit 2 / USGS Beaumont Quadrangle Map for more details). The project site is where Noble Creek crosses Brookside Avenue (see Photo 1 & Photo 2). 5. Project Sponsor's Name and Address: City of Beaumont Public Works Department, 871 West 4t` Street, Suite E, Beaumont, CA 92223 6. General Plan Designation(s): Specific Plan Area (SPA) per Land Use Map and as a "Secondary" Arterial (per City's Circulation Element) 7. Zoning: Specific Plan Area (SPA) 1 Description of Project: The project is sponsored by the City of Beaumont's Public Works Department and consists of replacing a substandard, Arizona -style crossing g acility with an arch style bridge structure that has been engineered to safely and efficiently convey high impact stormwater flows associated with the Noble Creek under the Brookside Avenue road segment. Once installed the proposed project will mitigate the currently hazardous conditions associated with high velocity stormwater flow over Brookside Avenue. This road improvement project also consists of elevating approximately 820 feet of roadway to accommodate the new bridge structure and installing other associated drainage facilities. The entire footprint of impact is less than 900 feet starting from the west side of the Beaumont Avenue/Brookside Avenue intersection and ending at just before the lower Beaumont High School entrance (proximately 300 feet east of Mountain View Avenue). The existing Arizona crossing facility will be replaced by two 24 -foot wide arch style bridge structures which will span a 49 -foot wide channel at a diagonal angle to Brookside Avenue. To minimize arg ding impacts to the Noble Creek channel retaining walls will be erected on both upstream and downstream sides of Brookside Avenue to accommodate the required 13 -foot raise in the roadway elevation associated with the new bridge's installation. The existing roadway's paved section is 32 feet wide but flairs out to 45 feet when approaching the Beaumont Avenue /Brookside Avenue intersection. As illustrated on Exhibit 3 (Street Improvement Plans), the future roadway's paved section will vary from 47 feet wide on the west end of the segment (widened to accommodate a new right turning lane into the high school) to a new 60 feet wide paved area approaching the Beaumont Avenue/Brookside Avenue intersection on the east end of the project to match up with ultimate street/intersection configuration. The proposed street widening will not add any new travel lanes, but instead are in response to desigg consideration for providing safer turning pocket facilities with appropriate stacking_ distances at the intersection and high school entrance locations. All proposed street improvements are within the existing 74 -foot right -of -way. On the north side of the road, the project will install a 10 -foot wide multi- purpose (Class I / Sidewalk Path) to link up to existing path facilities located at both ends of the project. Lastly, this project does not involve building any habitable structures nor is it associated with any other land use developments. 9. Surrounding Land Uses and Setting: There is little development within or surrounding the project site; however there is a sports park complex east of the site; an elementary school west of the site; and a high school north of the site. South of the site is vacant land. Due to the close proximity to the two school sites, seasonal flooding creates a major access problem for school age children needing to cross the creek in order to attend school. Under storm conditions, the creek flows rapidly over the Brookside Avenue road segment making the street impassable and necessitating, periodic closure of the road. The current Arizona crossing on Brookside Avenue presents an eminent threat to the community during medium to heavy storm water events. The proposed installation of a new bridge facility is in response to protecting the public's safety along this road segment during storm events. The project area contains a steep sloping watercourse at an elevation of approximately 2,700 feet above MSL. The entire stretch of Noble Creek in the project area is characteristic of an ephemeral creek with sandy substrate and sparse vegetation. No wetlands occur in the project area and the corresponding channel present in the area is classified as "non- wetland" water by the U.S. Army Corps of Engineers and as a "streambed" by California Department of Fish and Game. Upstream from the subject creek crossing (as far as Beaumont Avenue) the streambed can be categorized as a well defined 15 -18 foot wide sandy bottom channel with relatively steep sides consisting of a semi - nature bank configuration In this portion of the creek both sides of the bank have been previously re- enforced with metal siding that has become overgrown with vegetation to return it to the aforementioned semi - natural state Upstream from Beaumont Avenue the creek is channelized At Brookside Avenue the creek traverses over the top of an Arizona -style crossing where the streambed is lined by the street's asphalt Downstream from the crossing the creek channel narrows to 8 -10 feet and consists of steep -sided earthen bank. Vegetation within and along the creek is similar in both directions and consists primarily of buckwheat and non - native grasses There is little or no evidence of the presence of special status plant or wildlife species located in the project area (although a single San Diego black - tailed, jackrabbit was observed during the project's biological survey). A biological review of a past site survey (e CNDDB 2010) did not detect any special plant or wildlife species. 10. Other public agencies whose approval is required (e.g., permits, financing approval or participation agreement): (a) California Department of Fish and Game (CGFD 1602 Permit); (b) U.S. Army Corps of Engineering (ACOE 404 Permit); (c) California Regional Water Quality Control Board/Santa Ana Region (RWQCB 401 Water Quality Standard Certification); (d) Riverside County Flood Control and Water Conservation District (Encroachment Permit for Noble Creek Channel Improvements) (e) Beaumont Unified School District (per the Brookside Avenue Entrance Design and Installation Coordination) ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated in the following pages: N/A Aesthetics Biological Resources Greenhouse Gas Emissions Land Use/Planning Population/Housing Transportation/Traffic DETERMINATION Agriculture/Forestry Resources F—] Air Quality Cultural Resources Hazards/Hazardous Materials Mineral Resources Public Services Utilities /Service Systems Geology /Soils Hydrology /Water Quality Noise FI Recreation Mandatory Findings of Significance On the basis of this City of Beaumont Planning Department's Initial Environmental Assessment: ■ I find that the proposed project could not have a significant effect on the environment, and A NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project, and A MITIGATED NEGATIVE DECLARATION will be prepared. F1 I find the proposed project may have a significant effect on the environment, and An ENVIRONMENTAL IMPACT REPORT is required I find that the proposed project MAY have a "potential significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. nI find that although the proposed project could have a significant effect on the environment, however, all potential significant effects have been (a) analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Rebecca Deming Assistant Director of Planning Signature Print Name CITY OF BEAUMONT PLANNING DEPARTMENT For April 26, 2011 Date 4 Negative Declaration (ND) Determination (or other finding if applicable) Per the City's Initial Study evaluation (outlined by CEQA per Environmental Assessment Checklist), the project will not result in substantial adverse effects on human beings, wildlife habitats and/or on the natural environment. As such, the City of Beaumont Planning Department has subsequently issued a Negative Declaration for the project. Environmental Documentation The following engineering and environmental documents have been reviewed in evaluating this project, and are incorporated herein by reference (unless otherwise noted * *) and are available upon request from the City's Planning Department and/or on the City of Beaumont's Website: (1) City of Beaumont Street Improvement Plans for the Brookside Street Improvement Project March 2010 ** (2) City of Beaumont Technical Specifications for the Brookside Street Improvements (Project No. 10- 03040) February 2010 (Draft) (3) A Biological Assessment prepared by Harmsworth Associates, June 2010 ** (4) CDFG Notification No. 1600- 2010 - 0118 -R6 / Noble Creek Streambed Alteration Agreement. December 23, 2010 (5) Pass Area MSHCP Map (Figure 3 -20) (6) City's General Plan, Land Use & Circulation Elements and Zoning Map (2006) (7) 401 Water Quality Standards Certification Application & Response to Comments Letter prepared by the City of Beaumont to the Santa Ana Region of the California Regional Water Quality Control Broad, September 2010 & October 2010, respectfully. (8) California Regional Water Quality Control Board (Santa Ana Region) Letter, Dated Sept. 21, 2010 regarding 401 Certification for Asphalt Removal on Noble Creek (at Brookside). (9) City of Beaumont — Hydrology Report prepared by RDS & Associates October 28, 2010 ** (10) Riverside County Flood Control & Water Conservation Dist. Hydrology reference for the Noble Creek at Beaumont Avenue (see Exh 2, 4 & 5 per the RDS Hydrology Report) (11) City of Beaumont — Best Management Practices (BMP) for the Noble Creek Crossing at Brookside Avenue, March 11, 2011 ** (12) Beaumont Drainage Management Plan April 2000 (13) California Regional Water Quality Control Board/Santa Ana Regional NPDES (MS4 Permit) for Riverside County for Area -wide Urban Run -Off Management Program per Order No. R8- 2010 -0033 & NPDES No. CAS 618033 (14) Annual Reporting/Santa Ana Region NPDES Municipal Stormwater Permit (NPDES No. 618033) FY 2009 -2010 (RWQCB Order No. R8- 2002 -0011) (15) A Cultural Resource Assessment for The Proposed Noble Creek Bridge Crossing on Brookside Avenue, Riverside County, Beaumont, California Prepared by Christopher E. Drover Ph.D, R.P.A. / March 2011 ** (16) Geotechnical Investigation Proposed Street Improvements Brookside Avenue, Between Beaumont & Mountain View Avenue, in Beaumont, CA. prepared by C.H.I Inc. July 20, 2010 ** NOTE: Said documents are attached to this Negative Declaration Document as Appendices (all other documents referenced above are from the City and/or on their associated websites) Environmental Assessment Checklist INITIAL STUDY CHECKLIST — the California Environmental Quality Act (CEQA) suggests format and content for Initial Studies, including topical checklists to assist in evaluation of a project's potential environmental effects. The Checklist presented in this Section follows the Checklist format and presentation of information identified in the CEQA Guidelines, Appendix G (Revised 2009). EXPLANATION OF CHECKLIST CATEGORIES (see Substantiation following each checklist topic for more details) • "No Impact" applies where the impact simply does not apply to projects like the one involved. For example, if the project site is not located in a fault rupture zone, then the item asking whether the project would result in or expose people to potential impacts involving fault rupture should be marked as "No Impact." • "Less- Than- Significant Impact" applies where the impact would occur, but the magnitude of the impact is considered insignificant or negligible. For example, a development which would only slightly increase the amount of surface water runoff generated at a project site would be considered to have a less - than- significant impact on surface water runoff. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less - Than- Significant Impact." Incorporated mitigation measures should be outlined within the checklist, and a discussion should be provided which explains how the measures reduce the impact to a less - than- significant level. This designation is appropriate for a Mitigated Negative Declaration, where potentially significant issues have been analyzed and mitigation measures have been recommended. • "Potentially Significant Impact" applies where the project has the potential to cause a significant and unmitigatable environmental impact. If there are one or more items identified as a "Potentially Significant Impact," an EIR is required. C INITIAL STUDY CHECKLIST AND SUBSTANTIATIONS Substantiation: I. AESTHETICS. a) Have a substantial adverse effect on a scenic vista? There are no designated scenic vistas or significant natural features in the vicinity of the project site. Therefore, the project will have no impact in this regard. b) Substantially damage scenic resources, including, but not limited to trees, rocks, outcroppings, and historic buildings within a state scenic highway? There are no designated scenic resources or features in the surrounding area. As such, the project will have no impact in this regard. C) Substantially degrade the existing visual character or quality of the site and its surroundings? The project is considered visually and aesthetically appropriate for its context and does not represent a detrimental alteration of the existing visual attributes of the site or vicinity. As such, the project will have no impact in this regard. d) Create a new source of substantial light or glare, which would adversely affect the day or nighttime views in the area? The proposed project will not include any new lighting to the subject area and/or otherwise compromise any views. Therefore, the project will have no impact in this regard. 7 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less - Than- Significant Impact No Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a ❑ ❑ ❑ ■ scenic vista? b) Substantially damage scenic resources, ❑ ❑ ❑ ■ including, but not limited to trees, rocks, outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual ❑ ❑ ❑ ■ character or quality of the site and its surroundings? d) Create a new source of substantial light or ❑ ❑ ❑ ■ glare, which would adversely affect the day or nighttime views in the area? Substantiation: I. AESTHETICS. a) Have a substantial adverse effect on a scenic vista? There are no designated scenic vistas or significant natural features in the vicinity of the project site. Therefore, the project will have no impact in this regard. b) Substantially damage scenic resources, including, but not limited to trees, rocks, outcroppings, and historic buildings within a state scenic highway? There are no designated scenic resources or features in the surrounding area. As such, the project will have no impact in this regard. C) Substantially degrade the existing visual character or quality of the site and its surroundings? The project is considered visually and aesthetically appropriate for its context and does not represent a detrimental alteration of the existing visual attributes of the site or vicinity. As such, the project will have no impact in this regard. d) Create a new source of substantial light or glare, which would adversely affect the day or nighttime views in the area? The proposed project will not include any new lighting to the subject area and/or otherwise compromise any views. Therefore, the project will have no impact in this regard. 7 II. AGRICULTURE AND FORESTRY RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the State's inventory of forest lands, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the Project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? Potentially Significant Less - Potentially Unless Than - Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ ■ b) Conflict with existing zoning for ❑ ❑ ❑ ■ agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forestland [as defined in Public Resources Code Section 12220(g)], timberland [as defined by Public Resource Code Section 4526], or timberland zoned Timberland Production [as defined by Government Code Section 51104(g)]? ❑ ❑ ❑ ■ 8 Potentially Significant Less - Potentially Unless Than - Significant Mitigation Significant No Impact Incorporated Impact Impact d) Result in the loss of forestland or ❑ ❑ ❑ ■ conversion of forestland to non - forest use? e) Involve other changes in the existing ❑ ❑ ❑ ■ environment, which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use or conversion of forestland to non - forest use? Substantiation: II. AGRICULTURE AND FORESTRY RESOURCES a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? No portions of the project site are currently under active cultivation, nor is the project area or surrounding land designated as farmland of local, regional or statewide importance. The site is not zoned for agricultural uses, nor designated for agricultural purposes by the City's General Plan. Further, no Williamson Act contracts are in place for the proposed project site. Therefore, the project will have no impact in this regard. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? As mentioned above, no portions of the project site are currently under active cultivation, nor is the project area or surrounding land designated as farmland of local, regional or statewide importance. The site is not zoned for agricultural uses, nor designated for agricultural purposes by the City's General Plan. Further, no Williamson Act contracts are in place for the proposed project site. Therefore, the project will have no impact in this regard. C) Conflict with existing zoning for, or cause rezoning of, forestland [as defined in Public Resources Code Section 12220(g)], timberland [as defined by Public Resource Code Section 45261, or timberland zoned Timberland Production [as defined by Government Code Section 51104(g)]? The project is a road improvement project which will not change the "secondary" status called out in the City's Circulation Element of the General Plan. The subject improvement of the road will not alter it current use nor significantly increase its current capacity; it does not propose to increase the number of travel lanes or otherwise propose to amend the City's General Plan. The project is in response to seasonal roadway flooding and closures associated with hazardous stormwater flows over the Arizona crossing facility which will be corrected via the project's proposed bridge and roadway improvements. Therefore, the project will have no impact on forestland or timberland production. 9 d) Result in the loss of forestland or conversion of forestland to non forest use? The City of Beaumont does not have any forestland within its boundaries so there can be no forestland conversion and the Project will have no impact in this regard. e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use or conversion of forestland to non forest use? As previously discussed, no portions of the project site are currently under active cultivation, nor is the project area or surrounding land designated as farmland of local, regional or statewide importance. The site is not zoned for agricultural uses, nor designated for agricultural purposes by the City's General Plan. Further, no Williamson Act contracts are in place for the proposed project site. Therefore, the project will have no impact in this regard. Additionally, no portion of the project site is designated as forestland nor will the project's implementation result in the conversion of any designated forestland. 10 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less -Than- Significant No Impact Impact III. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation ❑ ❑ ■ ❑ of the applicable air quality plan? b) Violate any air quality standard or ❑ ❑ ■ ❑ contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net ❑ ❑ ❑ ■ increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial ❑ ❑ ❑ ■ pollutant concentrations? e) Create objectionable odors affecting a ❑ ❑ ❑ ■ substantial number of people? 10 Substantiation: III. AIR QUALITY. a) Conflict with or obstruct implementation of the applicable air quality plan? The proposed project is located within the South Coast Air Basin (SCAB), which is a non - attainment area for Federal and State criteria air pollutants including suspended particulates, carbon monoxide and ozone. During the project's Arizona crossing removal and new bridge construction activities, only a minimum amount of grading is proposed for the watercourse channel adjacent to the crossing area which will result in only a temporary and insignificant air pollutant impact to the SCAB. Said air pollutant impact will be far below the threshold of significance for these construction activities. Due to the limited scope and scale, the project's potential to conflict with, or obstruct implementation of, applicable air quality plans is considered less - than- significant. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? The Project consists of non - capacity increasing improvements of an existing public road to correct flooding problems for the subject road segment. The project is not associated with any new development projects for the area. Long -term operational emissions impacts associated with the project's implementation will not be evaluated because it has relatively no affect on air quality standards for the region that did not already exist for the area before the project ". Due to the limited extent of proposed grading associated with the project, the road improvement project is not expected to significantly increase harmful air pollution emissions in the subject area in terms of PM 10 & PM 2.5 Dust/Exhaust Pollutant released during construction activities. To ensure the project's potentially harmful emissions are quantitatively accounted for by this CEQA analysis, a URBEMIS2007 computer model is presented below to account for the project's short-term construction emissions impact (see Table III -b): Table III -b / Summary Report for Summer Emissions (lbs /day) Protect Name. Noble Creek Crossing at Brookside Ave BEAUMONT Project Location- South Coast AQMD On -Road Vehicle Emissions Based on. Version : Emfac2007 V2.3 Nov 1 2006 Off -Road Vehicle Emissions Based on OFFROAD2007 CONSTRUCTION EMISSION ESTIMATES 029 Wa GQ ,i93 I Qust PMiO ExhaLM PAM PW 5 Dust PM2.5 PM25 fm Exoaust 2011 TOTALS (IbsMay unmitigated) 4.84 39.97 21.96 0.00 $.01 200 7.01 1.05 184 2.89 4,210.69 AREA SOURCE EMISSION ESTIMATES RW NON 4Q 5M PM10 PM2 5 S S)2 TOTALS (lbslday, unm tKoed) 0.12 002 1.55 0.00 0.01 0.01 281 SUM OF AREA SOURCE AND OPERATIONAL EMISSION ESTIMATES ROG NQ1t QQ §W PM10 PM2.5 &43 TOTALS (lbsiday, unmitWed) 0.12 042 1.55 0.00 001 0.01 2.81 11 We will now compare the above project generated emission quantities to the SCAQMD's Threshold of Significance standards for the area. For the Beaumont area, the SCAQMD Emissions Significance Threshold (lbs /day) are as follows: Pollutant Emissions Construction Operational Emissions (N/A)** ROG 75 N/A NOx 100 N/A CO 550 N/A PM -10 150 N/A PM -2.5 55 N/A Sox 150 N/A Lead 55 NIA A comparison of the project generated quantities (shown in Table III -b) to the relative threshold standards show that the project's short-term construction related activities will have little impact on the area's air quality standards and does not reach a significant threshold level for any of the measured pollutants. Therefore the project's potential to violate any air quality standards or contribute substantially to existing or projected air quality violations is considered less - than- significant. Emissions Emitted by Construction Equipment Some minor temporary emissions will result from project - related construction activities, including Arizona crossing (asphalt) removal, site preparation, retention wall installation and grading activities. During site preparation and construction, air pollutants will be emitted by construction equipment. Relative to temporary construction impacts, the 1993 SCAQMD CEQA Air Quality Handbook provides a grading area threshold of 177.0 acres of affected development area per quarter. Potential air quality impacts associated with site preparation and roadway re- construction will impact less than 2 acres of land and is therefore considered less - than- significant. Fugitive Dust (PM 10 Emissions) Emitted by Construction Activity Fugitive dust (PM10 emissions) will also be generated during site preparation and bridge work re- construction. SCAQMD Rule 51 requires the application of water to stabilize soil dust emission to minimize the impact associated with fugitive dust in the air as generated by construction site activities. Water application to mitigate dust emissions during grading and site preparation activities, are required under this regulation to reduce PM 10 emissions by fifty (50) percent to a level of non - significance. Operational Emissions of the Project After Facility Construction Since Brookside Avenue already exists, the project is unlikely to directly increase the amount of vehicular trips per day (ADT) other than during moderate to heavy storm events when the road segment was previously closed due to storm water flowing over the top of the street. Historically, the actual number of road closures per year is very low and the rainy conditions that create these closures will also cleanse the airway of harmful pollutants in the process. Thus, the potential increase in operational emissions associated with the project versus without the project is negligible and it will have no impact in this regard. Based on the preceding discussions, construction and operation of the proposed project will not violate any air quality standard or contribute to an existing or projected air quality violation and is therefore considered less - than- significant. 12 C) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors) ? As previously stated, site preparation associated with project's implementation may marginally result in a temporary production of additional criteria air pollutants within the SCAB; however these potential increases are far below the threshold of significance for either project construction and/or on- going site operations, and therefore, will have no impact in this regard. d) Expose sensitive receptors to substantial pollutant concentrations? As supported by the discussion presented under Item a, b & c (above), the proposed project is considered a negligible source of air emissions. The project is currently fronted by undeveloped parcels of flood control land with few sensitive receptors in the area. No significant air pollutants are expected from the project that does not already exist along Brookside Avenue without the project. On this basis, there will be no potential project- related air emission impacts to sensitive receptors. e) Create objectionable odors affecting a substantial number of people? As mentioned in Item d above, the project is currently surrounded by undeveloped, flood control parcels. Few people or other sensitive receptors are near the project area. No objectionable odors are anticipated as a result of the project's installation and on -going operations and any temporary odors released during site construction will be minimal. Construction- related odor impacts will be mitigated by conforming to established material handling requirements and City procedural plan which identifies odor sources, odor - generating materials and mechanisms to prevent significant release of odors, as may be necessary. In accordance with current practices and relative City Ordinances, all wastes will be disposed of in covered receptacles and routinely removed, thereby limiting the escape of odors to the open air. Further, it is expected that any associated odors would quickly dissipate and would not adversely affect the surrounding properties. As supported by the preceding discussions, the potential for the project to create objectionable odors is considered to have no impact. 13 IV. BIOLOGICAL RESOURCES. Would the Project: a) Have a substantial adverse affect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, polices, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) though direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? L! ■ Fl- e) Conflict with any local policies or ❑ ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an ❑ adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? J ❑■ x 17 C' 9 ❑ ❑ ❑ ❑ LJ ■ ■ ■ ■ 14 Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact L! ■ Fl- e) Conflict with any local policies or ❑ ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an ❑ adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? J ❑■ x 17 C' 9 ❑ ❑ ❑ ❑ LJ ■ ■ ■ ■ 14 Substantiation: IV. BIOLOGICAL RESOURCES. a) Have a substantial adverse affect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? The creek's vegetation surrounding the subject crossing area was removed and replaced with asphalt with the development of Brookside Avenue and there are little or no significant vegetation areas within the current road's right -of -way and/or areas proposed for grading. For the most part, the project will avoid disturbing the upstream and downstream streambed channel by limiting grading and installing retaining walls to accommodate the rise in street elevation associated with the new bridge facility's installation. Although the Project's construction may have some potential impact to the area on the north side of the roadway associated with road widening and sidewalk installation, this area has little vegetation and is characterized as highly disturbed land with marginal biological resource value. As such, the project will have less - than- significant impacts on endangered, threatened, or rare species and their habitats; and/or locally designated species. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, polices, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? To the greatest extent possible, the proposed project will avoid adverse impacts to the Noble Creek streambed area and will replace the existing asphalt lined crossing over Brookside Avenue with a new sandy bottom channel and dual arch bridge facility to convey stormwater run -off under the subject roadway. The proposed bridge is high enough and wide enough to provide a wildlife corridor under - path which represents a positive impact for natural wildlife that might otherwise cross over the top of the road and risk getting hit by a car. Further no riparian habitat is expected to be removed by the project. Thus, the project will have no adverse impact in this case. C) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Per the Project's biological assessment, no wetlands occur in the Project area and Noble Creek is designated as a "non- wetland water" of the U.S. under Corps regulation and a "streambed" under CDFG jurisdiction. Moreover, the proposed bridge structure (replacing the current Arizona crossing) will ensure more efficient hydrological transition under Brookside Avenue that will benefit both the built and the natural watercourse environment surrounding the subject site. As such, the Project's implementation and on -going operation would not negatively impact wetlands habitat existing up or downstream from the project site and/or affect wetland areas covered by Section 404 of the Clean Water Act. 15 d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? The project is currently located outside of any wildlife migration corridors and it is further not considered as a wildlife nursery site by the CDFG. Nevertheless, the project proposes to protect nesting bird habitat and other migratory wildlife areas surrounding the site by minimizing the Project's grading and vegetation removal along Brookside Avenue and avoid the creek channel (to the greatest extent possible). Consequently, the Project will have no impact in this regard. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No local preservation or conservation plans or policies have been identified for the subject area. These environmental concerns are not applicable with respect to the Project's implementation. Thus, the Project, as proposed, will have no impact on preservation and/or conservation plans for the area. J) Conflict with the provisions of the Western Riverside County Multiple Species Habitat Conservation Plan ( MSHCP), or other adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional, or state habitat conservation plan? As stated in item "e" above, no local, State or regional preservation or conservation plans have been identified for the subject area. The MSHCP has the site designated as "Coastal Sage Scrub" but it is outside any Special Linkage or Unique ID Cell as shown on the Pass Area Plan per the MSHCP Criteria. Thus, the Project will have no adverse impact on preservation or conservation plans for either the upper or lower tributary areas of the Noble Creek. Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the ❑ ❑ ❑ ■ significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the ❑ ❑ ❑ ■ significance of an archaeological resource pursuant to § 15064.5 c) Directly or indirectly destroy a unique ❑ ❑ ❑ ■ paleontological resource or site or unique geologic feature? d) Disturb any human remains, including ❑ ❑ ❑ ■ those interred outside of formal cemeteries? 16 Substantiation: V. CULTURAL RESOURCES. a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? No unique or historical resources are known to exist on the project site. Based on proposed site alteration plans, the likelihood of encountering such resources is considered remote. However, should such resources be discovered during the course of construction, the City's archaeologist would be brought in to document the discovery and prepare a treatment plan if one was necessary based on the significance of the resource uncovered. The project's potential to disturb unidentified paleontological, archaeological or historic resources is considered very unlikely, and therefore, the Project's implementation will have no impact in this regard. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5 As stated above in item "a ", the likelihood of encountering archaeological resources on the surface is considered remote. However, should such resources be discovered during the course of construction, the City's archaeologist would be brought in to document the discovery and prepare a treatment plan if one was necessary based on the significance of the resource uncovered. Given the Archaeological Report prepared for the Project, there is no such evidence to suggest that the site would be a source of, or contain potentially significant archaeological resources and therefore, project implementation will have no impact in this regard. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? There is no evidence suggesting that the project site would be a source of, or contain, potentially significant paleontological or geological elements and therefore, project implementation will have no impact in this regard (see above items "a" and "b" for more details regarding the potential of preparing a Treatment Plan given an inadvertent resource discovery occurring at construction). d) Disturb any human remains, including those interred outside offormal cemeteries? The likelihood of encountering human remains in the course of project construction is very minimal. However, should human remains be found during construction activities, no further ground disturbance work will continue until the County Coroner has made a determination of origin and disposition of the human remains pursuant to Public Resources Code Section 5097.98 and required by California Health and Safety Code Section 7050.5. If the remains are found to be prehistoric, the coroner would coordinate with the California Native American Heritage Commission as required by State law. Based on compliance with these existing regulations, the project's potential to disturb human remains is considered to have no impact in this regard. 17 VI. GEOLOGY AND SOILS. Would the Project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ■ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ■ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ 18 Substantiation: VI. GEOLOGY AND SOILS. a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving. i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Numerous faults have been mapped within the Southern California region. However, no faults have been identified within the project site. As such, potential impacts arising from fault rupture are considered to have no impact in this regard. ii) Strong seismic ground shaking? Based on the Project's location in the seismically active Southern California region, the site is moderately susceptible to groundshaking events. However, the Project has been engineered to withstand these groundshaking events pursuant to recommendations made in the Project's Geotechnical Investigation Report prepared by C.H.J. Inc in July 2010. Said Geotechnical recommendations have been incorporated in, and made a part of, the Project's Construction Specifications for the subject bridge structure and its other associated roadway improvements. Consequently, the potential impacts arising from a strong seismic event are considered to have a less - than- significant impact in this regard. iii) Seismic- related ground failure, including liquefaction? According the Project's Geotechnical Investigation Report, the subject site has a low potential for liquefaction hazard due to relatively stable soils and moderately deep groundwater table. Nevertheless (as mentioned in item "ii" above), the Project proposes to install facilities appropriately designed and engineered to withstand strong seismic events (which includes liquefaction mitigation). Thus, the potential impacts arising from a seismic - related ground failure event (including liquefaction) are considered to have no impact in this regard. iv) Landslides? The project is located in a relatively flat area crossing the Noble Creek that is not subject to landslide hazard. As such, the project is not susceptible to potential damage from landslides or significant mudflows and will have no impact is this regard. b) Result in substantial soil erosion or the loss of topsoil? Site preparation and Arizona crossing facility removal associated with the proposed project will temporarily expose underlying soils to erosion until the project is fully implemented. Normally, potential erosion impacts incurred during construction activities are mitigated below the level of significance through preparation of, and compliance with, a Storm Water Pollution Prevention Plan ( SWPPP). In this regard, the City will comply with its approved SWPPP for the area prior to initiation 19 of construction activities. The Project does not propose to significantly alter existing topography (e.g. minimum grading) but rather use retaining wall structures to accommodate a raised roadway elevation associated with the new bridge's installation. As such, the potential impacts associated with erosion or changes in topography are considered less - than- significant. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? Liquefaction and seismically induced settlement or ground failure are generally associated with strong seismic shaking events where the groundwater tables are at relatively shallow depths (within 50 feet of the ground surface) and/or when the area is underlain by loose, cohesionless deposits. During a strong ground shaking event, saturated, cohesionless soils may acquire a degree of mobility to the extent that the overlying ground surface distorts. In extreme cases, saturated soils become suspended in groundwater and become fluid -like. Based on the Project's Geotechnical Investigation Report prepared by C.H.J Inc., July 2010, groundwater is generally at a depth greater than 400 feet below the surface (and in no case less than 200 feet). Moreover, the underlying substrate material of the site is relatively stable (e.g., Class D, "stiff soil" associated with a granular /non - critically expansive type). Thus, the potential for landsides, lateral spreading, subsidence /collapse and liquefaction hazards (given the above referenced factors) are considered very low; thus, there are no associated impacts in regards to these constraints. d) Be located on expansive soil, as defined in fable 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Based on the Project's Geotechnical Investigation Report prepared by C.H.J. Inc., July 2010, the area is not characterized by any expansive soil types that would be considered environmentally hazardous. Further, the Project proposes to install facilities that are adequately designed and engineered to mitigate any of the potential impacts associated with the site's substrate conditions (including expansive soil) and is, therefore, considered to have no impact in this regard. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? The project does not involve construction of any inhabitable human structures and will not require any sewer services, thereof. No septic tanks or other alternative wastewater disposal systems are proposed. Thus, there is no impact in this regard resulting from any inadequate soils factors. 20 Potentially Potentially Less -Than- Significant Significant Significant No Impact Unless Impact Impact Mitigation Incorporated VII. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, ❑ ❑ ❑ ■ either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy ❑ ❑ ❑ ■ or regulation adopted for the purpose of reducing the emissions of greenhouse gases? VII. GREENHOUSE GAS EMISSIONS. a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? The Project will not create any additional vehicular traffic associated with higher greenhouse gas emissions (from gas burning automobile travel) on Brookside Avenue other than what is currently occurring today in the absence of the Project. During road closure periods when stormwater run -off flows over the existing Arizona crossing, detour traffic will marginally increase greenhouse emission by re- routing traffic around Brookside Avenue and creating longer travel distances and greater fossil fuel consumption/emissions. Consequently, the future bridge replacement facility will marginally benefit the impact on greenhouse gas emissions as compared to the current stream crossing facility. The net effect of the project will have little or no impact in terms of directly or indirectly generating greenhouse gas emission other than what is currently happening without the project. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? The project will not conflict with any applicable plans, policies or regulations regarding greenhouse gas emissions and will, in fact, encourage alternative non - vehicular transportation modes by extending a Class 1, multi - purpose trial (e.g. the project's proposed 10 -foot wide sidewalk extension) on the north side of Brookside Avenue in compliance with the City's Bikeway and Pedestrian Master Plan for the Brookside corridor. As such, the project will have no negative impact in this regard. 21 Potentially Potentially Less -Than- No Significant Significant Significant Impact Impact Unless Impact Impact Incorporated VIII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public ❑ ❑ ■ ❑ or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public ❑ ❑ ■ ❑ or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? c) Emit hazardous emissions or handle ❑ ❑ ■ 0 hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on ❑ ❑ ❑ ■ a list of hazardous materials sites compiled pursuant to Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport ❑ ❑ ❑ ■ land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for the people residing or working in the project area? f) For a project within the vicinity of a ❑ ❑ ❑ ■ private airstrip, would the project result in a safety hazard for the people residing or working in the project area? g) Impair implementation of or physically ❑ ❑ 0 ■ interfere with an adopted emergency response plan or evacuation plan? 22 Potentially Potentially Significant Significant Impact Unless Mitigation Incorporated h) Expose people or structures to a ❑ ❑ significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Substantiation: VIII. HAZARDS AND HAZARDOUS MATERIALS. Less -Than- No Significant Impact Impact ❑ ■ a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? To avoid potential impact associated with asphalt and road base material removed during the Arizona crossing demolition work, the Project will dispose of all such material outside of the highway's right - of -way in conformance with the provisions in Section 15 -2.03 / "Disposal" per Caltrans Standard Specifications. Additionally, limited amounts of potentially hazardous materials (e.g., gasoline, diesel fuel, paints, solvents, fertilizer, etc.) used on site during project construction will comply with all City and County Hazardous Materials Management Plans and Regulations. Further, State and Federal laws also prescribe mandatory requirements for the safe transportation of hazardous materials as it relates to protecting (a) ground water, (b) air quality, and, (c) environmentally sensitive areas. Consequently, the Project (under the management and oversight of the City of Beaumont's Public Works Department) will comply with all applicable local, State and Federal laws and regulations to ensure the safe handling of any potentially hazardous materials that is stored, used, and/or disposed of during the course of Project construction. As such, the Project will have less - than- significant impact regarding the handling of hazardous materials. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? As stated above in item "a ", compliance with existing local, State and Federal regulations, will reduce the potential for risk of accidental explosion, container leakage and/or other form of hazardous substances contamination which would otherwise constitute a public health hazard or potential environmental health hazard to below levels of significance. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? Although the work site is less than a quarter mile south of the Beaumont High School classrooms, proposed construction activities are not expected to adversely impede the School's ability to operate normally and otherwise place the students and/or facility in any danger. In fact, construction of the new bridge facility called out by the project is in response to the school's need for an all weather 23 access facility along the Brookside Avenue corridor. With the exception of street paint used for road striping and minor construction equipment refueling on -site, the potential impact to the school associated with handling and storing hazardous materials and substances is considered very minor and does not rise to a level of significance. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? The proposed project is not located on or near a hazardous materials site and will have no impact in this regard. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for the people residing or working in the project area? The proposed project is not located within an airport land use plan or planning area and will not result in an adverse impact to such plans or to people residing and/or working in the project area. f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for the people residing or working in the project area? The proposed Project is not located within the vicinity of a private airstrip and will, consequently, have no impact to such a facility and/or to residences and/or people working at such an airstrip. g) Impair implementation of or physically interfere with an adopted emergency response plan or evacuation plan? Some potential short term impact may occur during the facility's installation as a result of road closure on Brookside Avenue to accommodate demolition and construction activities. However, suitable temporary access will be arranged with the High School and appropriate traffic detour plans will be in place prior to the start of the road closure period (estimated to last 3 months). Moreover, there are several other suitable east -west routes to the I -10 Freeway, such as Cherry Valley Blvd. ('/2 a mile to the north) and Oak Valley Parkway (a mile south of the site). In this regard, there will be little or no impact to emergency response or evacuation plans for the area that are not planned for via the project's road closure and detour plan. Furthermore, the future bridge facility that replaces the Arizona crossing will greatly benefit traffic flow and circulation in the rainy seasons when the subject road segment may be temporarily closed due to hazardous flooding conditions. Therefore, no adverse impacts to emergency response and/or evacuation plans are anticipated that do not already exist in the absence of the project. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Since the Project is located in a sparely populated area that has a minimal amount of combustible vegetation, any significant threat to residences and people is very small regarding wildland fire hazards in the project's vicinity. Moreover, the Project does not propose building any new inhabitable 24 structures nor will it directly attract new residences or businesses to relocate into the area. Therefore, the potential hazard associated with wildland fires on urbanizing areas is considered to have no impact. IX. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of the pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off - site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off -site? X K e) Create or contribute runoff water which ❑ would exceed the capacity of the existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water ❑ quality? ■ X a C a V n ■ ■ ■ C 25 Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ ■ X K e) Create or contribute runoff water which ❑ would exceed the capacity of the existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water ❑ quality? ■ X a C a V n ■ ■ ■ C 25 Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact g) Place a housing project within a 100 -year ❑ ❑ ❑ ■ flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard ❑ ❑ ❑ ■ area structures, which would impede or redirect flood flows? i) Expose people or structures to a ❑ 0 ❑ ■ significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or ❑ ❑ ❑ ■ mudflow? Substantiation: IX. HYDROLOGY AND WATER QUALITY. a) Violate any water quality standards or waste discharge requirements? The project will conform with all applicable regulations established by the RWQCB regarding water quality standards pursuant to the Santa Ana Regional Water Quality Control Board pursuant to issuance of the 401 Water Quality Standard Certification. In addition, the City's adopted Storm Water Pollution Prevention Plan (SWPPP) and Best Management Practices (BMP) programs will effectively mitigate any potential short term adverse impacts relating to storm water runoff during project construction activities and with regard to long term drainage operations associate with the future bridge facility. The City of Beaumont has also prepared a Water Quality Management Plan (WQMP) consistent with applicable requirements of the Drainage Area Management Plan (DAMP). In this regard, the proposed project will have no impact to water quality standards and/or waste water discharge requirements. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of the pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 26 The project would not deplete groundwater or significantly impact groundwater quality. The project proposes to remove an existing impervious "Arizona Crossing" and replace it with native sandy soil materials that would marginally increase groundwater recharge and improve water quality by avoiding dirty street surface run -off associated with the current Arizona crossing facility. Thus, the project will be more beneficial to groundwater quality and recharge capability than compared to the level of impact without the project. Further, the project will not adversely affect local or regional groundwater recharge capabilities and will consequently have no impact in this regard. c) Substantially alter the existing drainage pattern of area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off -site? This project does not propose to remove any existing energy dissipating material or erosion control devices from the existing Noble Creek channel either upstream or downstream of the proposed Brookside Avenue bridge crossing. This project only proposes to remove the existing asphalt lined crossing within the Noble Creek channel area and replace it with a sandy soil bottom, double arch bridge crossing. Therefore, on- and off -site drainage patterns in the area will not be adversely affected and there will be no impacts to the surrounding drainage courses. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? The Noble Creek streambed is a well defined natural watercourse which crosses Brookside Avenue at the project site. The future bridge facility proposed for the project will not alter the existing watercourse flow either upstream or downstream of Brookside Avenue. Consequently, the project will not alter the existing drainage pattern nor will it adversely affect surface runoff flow in the area via the project's implementation (other than to mitigate road closure impacts caused by high storm water flows over the top of the current Arizona crossing facility). e) Create or contribute runoff water which would exceed the capacity of the existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff Implementation of the project will neither increase stormwater flow nor alter existing drainage patterns within or around the Noble Creek channel. As such it will not exceed the capacity of existing storm drainage systems for the area. The Project proposes to minimize watercourse grading in favor of installing retaining walls on both sides of Brookside Avenue to raise the level of the roadway above the channel's high water flow level. This project design feature will leave the streambed in its current, semi - natural, state. Additionally, raising the street elevation will help reduce the impact of urban pollutants (such as oil or other chemicals) which normally accumulate on the road's travel lanes during non -rainy periods and then rinse off during rain & snow events. In this regard, the project will have a positive impact on water quality as compared to conditions existing without the project. J) Otherwise substantially degrade water quality? The project will actually marginally reduce road pollution runoff associated with the current Arizona crossing that now flows directly into Noble Creek during regularly occurring storm events. Further, the proposed project will not generate additional storm water runoff and compliance with applicable WQMP /SWPPP/BMP's requirements governing the same will result in slightly better groundwater quality and recharge benefits. 27 g) Place housing within a 100 year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? The project does not propose building any new houses (and/or any other buildings) within the 100 -year flood zone, nor will the project's implementation result in the redirection of stormwater run -off into the Noble Creep channel; as such, the project will have no impact in this regard. h) Place structures within a 100 -year flood hazard area, which would impede or redirect flood flows? As stated above, implementation of the project does not involve building any new housing or commercial structures and will not redirect stormwater flows to increase the impact to existing structures identified in the adjacent 100 -year flood hazard zone. As such, the project will have no impact in this regard. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? The entire City of Beaumont is not located within any dam inundation area. Consequently, the project would not affect emergency response plans or evacuation routes associated with a dam facility failure in this region. Further, the proposed project would not alter the site in such a way as to create any significant water - related hazards. In fact, the project has been designed to mitigate flooding hazards on Brookside Avenue which will remove the need for road closures during storm events as is customary with the Arizona crossing currently in place. Based on the preceding discussion, the project's potential to expose people or property to water related hazards such as flooding is considered to have no impact. j) Inundation by seiche, tsunami, or mudflow? The project site is not located near any bodies of water or water storage facility that would be considered susceptible to seiche, nor is the project site located near coastal waters, and as such, is not subject to tsunami hazards. No extreme mudflows have been identified on the project site, nor has the area been historically affected by mudflows. Impacts related to tsunami, seiche, and/or mudflow hazards will not be affected by the project. 28 Potentially Potentially Less- Significant Significant Than- No Impact Unless Significant Impact Mitigation Impact i..,.,,....,... +-A P X. LAND USE & PLANNING. Would the project: a) Physically divide or disrupt an established ❑ ❑ ❑ ■ community? b) Conflict with any applicable land use plan, ❑ ❑ ❑ ■ policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat ❑ ❑ ❑ ■ conservation plan or natural communities' conservation plan? Substantiation: X. LAND USE & PLANNING. a) Physically divide or disrupt an established community? Since the project in located on an existing road segment, it does not propose elements or activities that would disrupt or divide an established community. Therefore the proposed project is considered to have no impact on dividing or disrupting established communities. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? The overall use and intensity of the project is within the development parameters considered by the General Plan (e.g. Circulation Element) and associated EIR. Further, the project is consistent with the City's land use and development standards contained in the local Zoning Ordinance. As proposed, the project will not affect applicable environmental plans or policies adopted by entities with jurisdiction over the project. Therefore, the proposed project is considered to have no impact on the area's overall land use or intensity plans and regulations. C) Conflict with any applicable habitat conservation plan or natural communities' conservation plan? The project is consistent with habitat and natural community's conservation plans for the area (including the Western Riverside County MSHCP and the Pass Area Plan). The project will have no negative impact in this regard. 29 Potentially Potentially Significant Significant Unless Impact Mitigation Incorporated XI. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a ❑ known mineral resource that would be of value to the region and to the residents of the state? b) Result in the loss of availability of a ❑ locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Substantiation: XI. MINERAL RESOURCES. Less -Than- Significant Impact ❑ ❑ ❑ ❑ No Impact CJ a) Result in the loss of availability of a known mineral resource that would be of value to the region and to the residents of the state? There are no known mineral resources on site that would be of value to the region and/or the residents of the State. As such, the project would not result in any impacts to mineral resources that would be of future value to the region and/or the residents of the State. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? As with item "a" above, there are no mineral resources known to exist in the project area and no such resources are delineated for the area in the City's General Plan and/or in any other land use plan(s) for the subject site. As such, the project would not result in an impact to locally important mineral resource recovery efforts for the region. 30 Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact XII. NOISE. Would the project result in: a) Exposure of persons to or generation of ❑ ❑ ❑ ■ noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of ❑ ❑ ■ ❑ excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ❑ ❑ ❑ ■ ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic ❑ ❑ ■ ❑ increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport ❑ ❑ ❑ ■ land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a ❑ ❑ ❑ ■ private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Substantiation: XII. NOISE. a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 31 The project's short term, construction related, noise impacts are not expected to generate sound levels in excess of the City's Noise Ordinance and will be in compliance with the City's General Plan and associated EIR. Moreover, the long -term operation of Brookside Avenue (after project construction) will not increase the potential for noise impacts along the street over and above what is occurring without the project. In this regard it will have no impact on excessive noise levels. b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Although the Project will generate some short-term construction related noise and groundborne vibration, it is not expected to reach a level of significance for students and faculty members attending the nearby Beaumont High School (the closest and most potentially impacted recipients). Since the area is sparsely populated within a quarter mile surrounding the creek crossing, no other people are expected to be adversely affected by construction noises or vibration associated with the project. The project will not cause an increase in long -term groundborne noise or vibration than what currently exists in the area without the project. Therefore, the project's potential for groundborne noise and vibration impacts is considered less - than- significant. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? The proposed project will not generate any additional traffic and/or other noise generating activities, to the area above the levels currently existing without the project. This is due to the fact that the project will not increase the capacity of the existing road segment slated for the new bridge improvement. Thus, the project's potential to permanently increase existing noise levels above the current level is considered to have no impact. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Construction of the project's proposed facilities will temporarily increase noise levels in the vicinity of the nearby High School (which is due north of the project site). The demolition of the Arizona crossing and planned removal of affected roadway segment associated with new bridge construction will incrementally increase noise levels along the corridor for a period of approximately four months. This temporary noise increase will be partially negligible due to the fact that the construction zone is situated in a much lower elevation than the school's classrooms. In addition to the school, only a dozen or so residents (e.g., sensitive noise receptors) lie within a quarter mile of the construction site. These residences are far enough away (over 1,000 feet east of the creek crossing located behind the Beaumont Sports Park) that the sound attenuation impact will be below the threshold of significant. Moreover, this residential area is fronted by a permanent sound wall erected between it and the City's Sports Park complex to further aid in limiting the sound impact emanating from the Brookside Avenue construction zone. Construction activities on site are carried out in discrete steps, each of which has its own mix of equipment, and consequently its own noise characteristics. The Environmental Protection Agency has found that the noisiest equipment types operating at construction sites typically range from 88 to 91 dBA as measured at 50 feet. During the course of normal construction activities, limited amounts of unusable materials may be removed from the site. The movement of heavy equipment will temporarily increase noise levels along site access routes. Additionally, water trucks will be operated on -site to 32 reduce blowing dust. The noise associated with these trucks will also increase ambient sound levels in the vicinity. To reduce the potential short-term noise impact of construction activities, the hours of on- site operation will be strictly limited from 7AM to 7PM (during weekday construction) per Section 9.02 of the Beaumont Municipal Code. Lack of development in the subject area, combined with observance of City's noise code, will reduce the potential construction noise impacts to a less -than- significant level. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The nearest public airport facility to the project is the Banning Municipal Airport located approximately 8 miles east of the Noble Creek crossing on Brookside Avenue. No other public or private airstrips have been identified within the vicinity of the proposed Project. Consequently, the subject site is located well outside of the 65 dBA noise contour of the Banning Municipal Airport. While occasional aircraft fly over the area, no excessive aircraft related noise is anticipated to affect the project area. Thus, the project's implementation will not result in exposing people to excessive aircraft- related noise levels and will have no impact in this regard. J) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? There are no private airstrips identified within the vicinity of the project area. Therefore, the Project will have no impact on exposing people residing and/or working around the area to excessive aircraft noise levels. Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact XIII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in ❑ ❑ ❑ ■ the area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through the extension of roads or other infrastructure)? b) Displace substantial numbers of existing ❑ ❑ ❑ ■ housing units, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people ❑ ❑ ❑ ■ necessitating the construction of replacement housing elsewhere? 33 Substantiation: XIII. POPULATION AND HOUSING. a) Induce substantial population growth in the area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through the extension of roads or other infrastructure) ? Construction of new housing is not a component of the project. As such, the project will not directly contribute to population growth. Moreover, the project will not create any new permanent jobs and /or add new public infrastructure to induce population growth in the area. The project will create some short-term employment opportunities associated with project construction work on a very limited basis but will not contribute to any new population growth for the area. The project's potential to noticeably alter the overall location, distribution, density, or growth rate of City or regional populations is considered to have no impact. b) Displace substantial numbers of existing housing units, necessitating the construction of replacement housing elsewhere? The project will be constructed within the existing public road right -of -way on a property that is currently being used as a public road (e.g., Brookside Avenue). The project does not involve removal of any housing stock, nor does it propose to displace any in the area's residents. Therefore, the project will have no impacts to displacement of residents or removal of exiting housing units. c) Displace substantial numbers of people necessitating the construction of replacement housing elsewhere? As referenced in item "b" above, there will be no displacement of residences or their inhabitance associated by the installation of replacement facilities on Brookside Avenue proposed by the project. Thus, it will have no impact in this regard. 34 Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact XIV. PUBLIC SERVICES. a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or need for new or physically altered governmental facilities, whereby, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: Fire Protection? ❑ ❑ ❑ ■ Police Protection? ❑ ❑ ❑ ■ Schools? ❑ ❑ ❑ ■ Parks? ❑ ❑ ❑ ■ Other public facilities? ❑ ❑ ❑ ■ Substantiation: XIV. PUBLIC SERVICES. a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or need for new or physically altered governmental facilities, whereby, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: (provide a response for each Public Service function indicated below)? Fire Protection - The Riverside County Fire Department, in conjunction with the California Department of Forestry, provides fire protection and emergency services to the City of Beaumont, including the project site. Fire Station No. 22, located at 10055 Avenida Mira Villa in Cherry Valley, is located less than 1 mile from the project site with an estimated emergency response time of 3 minutes. Implementation of the project as proposed will not result in an increase in demand for fire protection services for the area and should have no impact on the Department's ability to provide emergency response services for the project area. 35 Police Protection - Police protection for the project site is currently provided by the Beaumont Police Department. Currently, the site operates at a public road and will continue to do so after the project's facilities are installed. No new impacts to police services are associated with the project that did not already exist prior to the project's implementation. Therefore, the project should have no impact on police protection for the Brookside corridor area. Schools - The Project will not generate any additional students to the local school system, and as such, will have no impact on the Beaumont Unified School District. The Project will represent positive benefit to surrounding school children by provide all weather access along Brookside Avenue for both the Beaumont High School and the Oak View Elementary School and will eliminate the need to close Brookside Avenue at Noble Creek during medium to heavy storm events. Consequently, the project will have no negative impact on school services in this regard. Parks - The Project will not generate any additional recreational demands on the local park system and has no impact on it. Other public facilities — Proposed improvement of the Noble Creek crossing at Brookside Avenue will marginally benefit the work load of the City's Community Service & Public Works Departments in comparison to continued maintenance of the existing Arizona style crossing facility (subject to accelerated asphalt deterioration relating to high velocity water flow during storm events). Additionally, the proposed bridge facility is in response to public safety concerns associated with high storm water run -off conditions that periodically forces the closure of Brookside Avenue at the intersection of Beaumont Avenue. In the absence of installing a new bridge to safely convey stromwater under the road, the area will continue to be plagued by significant traffic problems caused from prohibited student access to the affected schools during large to moderate storm events. Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact RECREATION: a) Would the project increase the use of ❑ existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational ❑ facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? 9 FE] X FS ■ ■ 36 Substantiation: XV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial deterioration of the facility would occur or be accelerated? The project does not propose elements (e.g., residential development) that would result in increased demands for neighborhood or regional parks or other recreational facilities. As such, the project's potential to result in increased demands on neighborhood or regional parks or other recreational facilities is considered to have no impact in this regard b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? The construction of recreational facilities is not included in the scope of the project's proposal, nor will the project require the construction or expansion of existing recreational facilities. As such, the project will have no impact in this regard. Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact XVI. TRANSPORTATION & TRAFFIC: Would the project: a) Conflict with an applicable plan, ❑ ❑ ❑ ■ ordinance or policy establishing measures of effectiveness for performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components to the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths and mass transit? b) Conflict with an applicable congestion ❑ ❑ ❑ ■ management program, including but not limited to level of service standards and travel demand measures, or other standard established by the county congestion management agency for designated roads or highways? 37 f) Conflict with adopted policies, plans, or ❑ ❑ ❑ ■ programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Substantiation: XVI. TRANSPORTATION/TRAFFIC. a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components to the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths and mass transit? The Project will not conflict with any applicable circulation or transportation plans or policies of the City. In this regard, the project is consistent with the City's Circulation Element of the General Plan as a "Secondary" arterial road. Further, the project also proposes to extend a 10 -foot wide, Class I, multi- purpose pathway (running approximately 900') to connect to the City's existing trail in compliance with the City's Bikeway and Pedestrian Master Plan (per Exhibit 8.2). Lastly, the project has been engineered to supply adequate vehicular "stacking" distances by adding turning lanes at the intersection of Beaumont Avenue and Brookside Avenue to lessen congestion and traffic related accidents at that point. Therefore, the project will not negatively impact the implementation of local circulation plans, ordinances or policies governing the same. b) Conflict with an applicable congestion management program, including but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? The project will not increase traffic loads on the subject road segment because the project does propose to add travel lanes or otherwise increase the capacity on the road segment. Currently, the roadway 38 Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact c) Result in a change in air traffic patterns, ❑ ❑ ❑ ■ including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a ❑ ❑ ❑ ■ design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ ■ f) Conflict with adopted policies, plans, or ❑ ❑ ❑ ■ programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Substantiation: XVI. TRANSPORTATION/TRAFFIC. a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components to the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths and mass transit? The Project will not conflict with any applicable circulation or transportation plans or policies of the City. In this regard, the project is consistent with the City's Circulation Element of the General Plan as a "Secondary" arterial road. Further, the project also proposes to extend a 10 -foot wide, Class I, multi- purpose pathway (running approximately 900') to connect to the City's existing trail in compliance with the City's Bikeway and Pedestrian Master Plan (per Exhibit 8.2). Lastly, the project has been engineered to supply adequate vehicular "stacking" distances by adding turning lanes at the intersection of Beaumont Avenue and Brookside Avenue to lessen congestion and traffic related accidents at that point. Therefore, the project will not negatively impact the implementation of local circulation plans, ordinances or policies governing the same. b) Conflict with an applicable congestion management program, including but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? The project will not increase traffic loads on the subject road segment because the project does propose to add travel lanes or otherwise increase the capacity on the road segment. Currently, the roadway 38 operates at an adequate level and this condition is not expected to worsen as a result of the project. As such, the project will not impact existing roadway capacity or conflict with any applicable congestion management programs of RCTC and SCAG. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? The project does not propose elements that would affect, or be affected by, air traffic facilities. As such, the Project will have no impact on air traffic patterns over the area. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (eg., farm equipment)? The affected road segment of Brookside Avenue associated with the project is completely linear with adequate sight distance and other traffic flow characteristics. There are no incompatible uses within the vicinity of the project that would otherwise be affected by proposed improvements associated with the project. As such, the project will have no impacts in this regard. e) Result in inadequate emergency access? The project does not propose elements or aspects that would obstruct or restrict emergency access to or from the area. In conjunction with the project's review, the City has determined that the project complies with all applicable emergency access and safety requirements. As such, the Project will have no impact in this regard. f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? The project does not propose elements or aspects that would typically interfere with, or otherwise affect alternative transportation modes. In fact, the proposed Class I multi - purpose path extension will connect on both ends of the subject road segment to mitigate the hazard associated with bike and pedestrian users merging into the vehicle travel lanes. The inclusion of the Class I pathway proposed by the project is in compliance with the City of Beaumont Bikeway and Pedestrian Master Plan. Thus, the project will have no negative impact in this regard. Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact XVII. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment ❑ ❑ ❑ ■ requirements of the applicable Regional Water Quality Control Board? 39 c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Substantiation: ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ XVII. UTILITIES AND SERVICE SYSTEMS. a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? The project will have no impact in this regard (see answer provided below "). 40 Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact b) Require or result in the construction of ❑ ❑ ❑ ■ new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Substantiation: ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ XVII. UTILITIES AND SERVICE SYSTEMS. a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? The project will have no impact in this regard (see answer provided below "). 40 b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? The project will have no impact in this regard (see answer provided below * *). c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? The project will have no impact in this regard (see answer provided below* *) d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? The project will have no impact in this regard (see answer provided below * *). e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? The project will have no impact in this regard (see answer provided below * *) fi Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? The project will have no impact in this regard (see answer provided below * *) g) Comply with federal, state, and local statutes and regulations related to solid waste? The project will have no impact in this regard (see answer provided below"). ** In response to items a, b, c, d, e, f, and g (above): The proposed project will not add any new residences to the area or induce job growth for the City. Given the limited nature of the bridge replacement project, no increase in the demand for existing public utilities and services would occur as a result of the project's implementation. Consequently, the project will have no impact on the City's ability to provide public utilities or services. 41 VXIII. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? G c) Does the project have environmental ❑ effects which will cause substantial adverse effects on human beings, either directly or indirectly? Substantiation: XVIII. MANDATORY FINDINGS OF SIGNIFICANCE C' U ■ ■ a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? 42 Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ ■ G c) Does the project have environmental ❑ effects which will cause substantial adverse effects on human beings, either directly or indirectly? Substantiation: XVIII. MANDATORY FINDINGS OF SIGNIFICANCE C' U ■ ■ a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? 42 There are no known significant biological or cultural resources on the project site. Therefore, the proposed project does not have the potential to significantly degrade the quality of biological resources or substantially reduce the habitat of a fish or wildlife species or cause a fish or wildlife population to drop below self - sustaining levels or threaten to eliminate a plant or animal community or reduce the number and/or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. Therefore, the project will have no impacts in these regards. b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probablefuture projects)? No significant or potentially significant long -term environmental effects are associated with the proposed project. As such, the project is not considered to have impacts that are individually limited, but cumulatively significant. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? The project does not propose elements or aspects that would typically interfere with, or otherwise affect human beings. Potential for causing substantial adverse effects associated with the project is considered to have no negative impact in this regard. 43 CALIFORNIA DEPARTMENT OF FISH AND GAME I INLAND DESERTS REGION 3602 INLAND EMPIRE BLVD., SUITE C -220 tai` y_ ONTARIO, CA 91764 STREAMBED ALTERATION AGREEMENT NOTIFICATION No. 1600 - 2010 - 0118 -R6 NOBLE CREEK CITY OF BEAUMONT BROOKSIDE AVENUE BRIDGE REPLACEMENT AT NOBLE CREEK PROJECT This Streambed Alteration Agreement (Agreement) is entered into between the California Department of Fish and Game (DFG) and the City of Beaumont ( Permittee), represented by Ms. Rebecca Deming. RECITALS WHEREAS, pursuant to Fish and Game Code (FGC) section 1602, Permittee notified DFG on September 8, 2010, that Permittee intends to complete the project described herein. WHEREAS, pursuant to FGC section 1603, DFG has determined that the project could substantially adversely affect existing fish or wildlife resources and has included measures in the Agreement necessary to protect those resources. WHEREAS, Permittee has reviewed the Agreement and accepts its terms and conditions, including the measures to protect fish and wildlife resources. NOW THEREFORE, Permittee agrees to complete the project in accordance with the Agreement. PROJECT LOCATION The project is located within Noble Creek, tributary to San Timoteo Creek, tributary to the Santa Ana River, bordered by Woodland Avenue to the north, Nancy Avenue to the west, Beaumont Avenue to the east, and along Brookside Avenue, in the City of Beaumont, in the County of Riverside, State of California; Sections 27 and 34, Township 2 South, Range 1 West, U.S. Geological Survey (USGS) map Beaumont; Assessor's Parcel Number: 430 - 200 -008. PROJECT DESCRIPTION The project will remove the existing, flood - damaged, asphalt dip- crossing along Brookside Avenue through Noble Creek and replace it with an all- weather, double arch - bridge design, which will allow for the sandy bottom of Noble Creek to be restored. The Notification #1600- 2010 -0118 -R6 Streambed Alteration Agreement Page 2 of 11 double arch - bridge crossing will be built with a center pier made of concrete and steel one -foot (1) thick on top of a six -foot (6') deep footing that has a length of 90 -feet to support the two (2) 24 -foot wide arches. PROJECT IMPACTS The construction of the project will permanently impact 0.03 acres of DFG jurisdictional areas by creating sandy bottom wash where the asphalt was before construction of the project. MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES 1. Administrative Measures Permittee shall meet each administrative requirement described below. 1.1 Documentation at Project Site. Permittee shall make the Agreement, any extensions and amendments to the Agreement, and all related notification materials and California Environmental Quality Act (CEQA) documents, readily available at the project site at all times to present to DFG personnel, or personnel from another state, federal, or local agency upon request. 1.2 Providing Agreement to Persons at Project Site. Permittee shall provide copies of the Agreement and any extensions and amendments to the Agreement to all persons who will be working on the project at the project site on behalf of Permittee, including but not limited to contractors, subcontractors, inspectors, and monitors. 1.3 Notification of Conflicting Provisions. Permittee shall notify DFG if Permittee determines or learns that a provision in the Agreement might conflict with a provision imposed on the project by another local, state, or federal agency. In that event, DFG shall contact Permittee to resolve any conflict. 1.4 Project Site Entry. Permittee agrees that DFG personnel may enter the project site at any time to verify compliance with the Agreement. 1.5 Compliance with the MSHCP and Take of Listed Species. The issuance of this Agreement does not authorize the take of any state and /or federally listed threatened, endangered, or fully protected species. Additionally, it does not infer that the project is consistent with the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP) or that the project is a Biologically Equivalent or Superior Preservation Alternative. If modifications to the project are necessary to meet MSHCP requirements because the project is found during the MSHCP review process to be inconsistent with the MSHCP and /or the Western Riverside County Regional Conservation Authority (RCA) and /or Wildlife Agencies (DFG Notification #1600 - 2010 -0118 -R6 Streambed Alteration Agreement Page 3 of 11 and /or U.S. Fish and Wildlife Service) do not agree the project is a Biologically Equivalent or Superior Preservation Alternative, then a request for an amendment to this Agreement will be required. 1.6 Take of Nesting Birds. Sections 3503, 3503.5, and 3513 of the FGC prohibit take of all birds and their active nests, including raptors and other migratory non -game birds (as listed under the Migratory Bird Treaty Act). 2. Avoidance and Minimization Measures To avoid or minimize adverse impacts to the fish and wildlife resources identified above, Permittee shall implement each measure listed below. 2.1 Biological Monitor. A qualified biologist shall be onsite to monitor all activities that result in the clearing or grading of sensitive habitat as well as grading, excavation, and /or other ground- disturbing activities in jurisdictional areas. The Permittee shall flag the limits of grading and the jurisdictional areas, perform necessary surveys, and take photographs during the construction process, as required by this Agreement. The biological monitor is required to halt construction activities if threatened or endangered species are identified and notify the appropriate agencies immediately. 2.2 Lighting Impacts. No lighting shall be allowed to impact jurisdictional areas, and the lighting and fencing for infrastructure adjacent to jurisdictional areas shall be designed or reviewed by a qualified biologist to allow wildlife to move within the open space and conserved areas without hindrance. 2.3 Nestinq Bird Surveys. The Permittee shall not remove vegetation from the project site from March 15 to September 15 to avoid impacts to nesting birds. If project construction cannot be avoided during the period of March 15 through September 15, the Permittee shall have a qualified biologist survey all potential nesting vegetation within the project site for nesting birds, prior to commencing project activities (including construction and /or site preparation). Surveys shall be conducted once a day for five days at the appropriate time of day during the breeding season and surveys shall end no more than three days prior to vegetation removal and /or disturbance. Documentation of surveys and findings shall be submitted to DFG for review and concurrence prior to conducting project activities. If no nesting birds were observed and concurrence was received from DFG, project activities may begin. If an active bird nest is located, the nest site shall be fenced a minimum of 200 feet (500 feet for Least Bell's vireo, Southwestern willow flycatcher, and /or raptors) in all directions, and this area shall not be disturbed until after September 15 and until the nest becomes inactive. If threatened or endangered species are observed in the area, no work shall occur during the breeding season (March 15 through September 15) to avoid direct or indirect (noise) take of listed species. Notification #1600 - 2010 -0118 -R6 Streambed Alteration Agreement Page 4 of 11 2.4 Burrowing Owl. Prior to the initiation of any project activities in jurisdictional areas, the Permittee shall conduct a burrowing owl habitat assessment. The assessment shall be conducted by a biologist knowledgeable of burrowing owl habitat, ecology, and field identification of the species and burrowing owl sign (burrows, scat, etc.). The assessment shall consist of walking the project site to identify the presence of burrowing owl habitat. Burrowing owls use a variety of natural and modified habitats for nesting and foraging that is typically characterized by low growing vegetation. Burrowing owl habitat includes, but is not limited to: native and non- native grassland, interstitial grassland with shrub lands, shrub lands with low density shrub cover, golf courses, drainage ditches, earthen berms, unpaved airfields, pastureland, dairies, fallow fields, and agricultural use areas. Burrowing owls typically use burrows made from fossorial (adapted for burrowing or digging) mammals such as ground squirrels, or badgers, and often manmade structures such as earthen berms; cement culverts; cement, asphalt, rock or wood debris piles; or openings beneath cement or asphalt pavement. A report summarizing the results of the habitat assessment shall be submitted to the DFG within 30 days following the completion of the assessment. Please note that burrowing owl habitat assessments dated more than one year prior to the construction start date will not be accepted by the DFG. If no suitable habitat is found onsite (i.e., if the site is completely covered in chaparral habitat, cement, or asphalt), no additional surveys are necessary. If suitable habitat is found onsite, burrowing owl surveys must be conducted during the breeding season of March 1 through August 31 in accordance with the Burrowing Owi Survey Instructions to determine the use of the site by burrowing owls. If burrowing owls are found onsite, the Permittee shall comply with the MSHCP and submit the survey results and MSHCP compliance documents to the DFG Region 6, 4665 Lampson Avenue, Suite J, Los Alamitos, CA 90720, ATTN: Mr. Michael D. Flores, at least five days prior to commencing project activities pursuant to the Agreement. Please reference SAA # 1600-2010 - 0118 -R6. Additionally, if burrowing owl surveys or passive relocation of owls is not conducted over other portions of your project site including areas outside of State jurisdictional areas, the project proponent risks being in violation of the Fish and Game Code and other laws that protect the burrowing owl. The burrowing owl is protected under the Federal Migratory Bird Treaty Act (MBTA) of 1918 (50 C.F.R. Section 10.13) and Sections 3503, 3503.5 and 3513 of the California Fish and Game Code, which prohibit take of all birds and their active nests including raptors. Therefore, it is the responsibility of the project proponent to ensure compliance with these laws for the entire project site. DFG recommends focused surveys be conducted over all potential suitable habitat within the project site (even areas outside State jurisdiction pursuant to Section 1600) and to relocate following the 1993 Burrowing Owl Consortium Protocol Guidelines to ensure there are not violations of other laws. Notification #1600 - 2010-0118 -R6 Streambed Alteration Agreement Page 5 of 11 2.5 Nonnative plant species. DFG recommends the use of native plants to the greatest extent feasible in the landscaped areas adjacent to and /or near mitigation /open space areas and within or adjacent to stream channels. The Permittee shall not plant, seed, or otherwise introduce invasive nonnative plant species to the landscaped areas adjacent to and /or near mitigation /open space areas and within or adjacent to stream channels (minimum 100 foot setback from open space areas and 150 foot setback from stream channels and wetland /riparian mitigation sites). Invasive nonnative plant species not to be used include those species listed on the "California Invasive Plant Inventory, February 2006" and the "February 2007 Inventory Update ", (which are updates to Lists A & B of the California Exotic Pest Plant Council's list of "Exotic Pest Plants of Greatest Ecological Concern in California as of October 1999 "). This list includes: pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, bush lupine, sweet alyssum, English ivy, French broom, Scotch broom, Spanish broom, and pepperweed. A copy of the complete list can be obtained by contacting the California Invasive Plant Council by phone at (510) 843 -3902, at their website at www.cal- ipc.org, or by email at info @cal - ipc.org 2.6 Pollution and Litter. The Permittee shall comply with all litter and pollution laws. All contractors, subcontractors, and employees shall also obey these laws and it shall be the responsibility of the Permittee to ensure compliance. 2.6.1 The Permittee shall not allow water containing mud, silt, or other pollutants from grading, aggregate washing, or other activities to enter a lake, streambed, or flowing stream or be placed in locations that may be subjected to high storm flows. 2.6.2 Spoil sites shall not be located within a lake, streambed, or flowing stream or locations that may be subjected to high storm flows, where spoil shall be washed back into a lake, streambed, or flowing stream where it will impact streambed habitat and aquatic or riparian vegetation. 2.6.3 Raw cement/concrete or washings thereof, asphalt, paint, or other coating material, oil or other petroleum products, or any other substances which could be hazardous to fish and wildlife resources resulting from project related activities shall be prevented from contaminating the soil and /or entering the waters of the State. These materials, placed within or where they may enter a lake, streambed, or flowing stream by the Permittee or any party working under contract or with the permission of the Permittee, shall be removed immediately. 2.6.4 No broken concrete, cement, debris, soil, silt, sand, bark, slash, sawdust, rubbish, or washings thereof, oil or petroleum products, or other organic or earthen material from any construction or associated activity of whatever nature shall be allowed to enter into or be placed where it may be washed Notification #1600- 2010 -0118 -R6 Streambed Alteration Agreement Page 6 of 11 by rainfall or runoff into waters of the State. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any lake, streambed, or flowing stream. 2.6.5 No equipment maintenance shall be done within or near any lake, streambed, or flowing stream where petroleum products or other pollutants from the equipment may enter these areas under any flow. 3. Compensatory Measures To mitigate for adverse impacts to the fish and wildlife resources identified above that cannot be avoided or minimized, Permittee shall implement each measure listed below. 3.1 Habitat Enhancement/Restoration — Onsite. The Permittee shall restore 0.03 acres of sandy wash bottom to its original condition when the bridge is constructed. All non - native and invasive plant species will be removed from the project site for a minimum period of five years post - construction or until the DFG deems the onsite restoration site successful. 4. Reporting Measures Permittee shall meet each reporting requirement described below. 4.1 Annual Reporting. An annual report shall be submitted to the DFG for a minimum of five years following construction or until the DFG deems the restoration site successful. At a minimum, this report shall include the following information: (1) a description of the restoration activities conducted during the previous year, including: (a) site preparation, (b) the number of species of plants naturally recruited, and (c) when the restoration activities were conducted; (2) current site conditions; and (3) information regarding non - native plant removal, including: (a) the methods used for removal, (b) the amount removed and /or treated, (c) the frequency and timing of removal and treatment, (d) disposal specifics, and (e) a summary of the general successes and failures or failure of the non - native removal plan. The report shall also include wildlife species observed at the creation site during monitoring surveys including sensitive and /or listed species. Photographs from designated photo stations shall be included in the annual report. The first annual report is due to the Department no later than December 31, 2011. 4.2 Notification to CNDDB. If any sensitive species are observed on or in proximity to the project site, or during project surveys, the Permittee shall submit California Natural Diversity Data Base (CNDDB) forms and maps to the CNDDB within five working days of the sightings, and provide the regional DFG office with copies of the CNDDB forms and survey maps. The CNDDB form is available online at: Notification #1600- 2010 -0118 -R6 Streambed Alteration Agreement Page 7 of 11 www.dfg.ca.gov /whdab /pdfs /natspec.pdf. This information shall be mailed within five days to: DFG Natural Diversity Data Base, 1807 13th Street, Suite 202, Sacramento, CA 95814, Phone (916) 324 -3812. A copy of this information shall also be mailed within five days to DFG Inland Deserts Region, 4665 Lampson Avenue, Suite J, Los Alamitos, CA 90720, Attn: Streambed Team. Please reference SAA # 1600- 2010 -0118 -R6. 4.3 Notification of Start of Construction. The Permitee shall notify DFG, in writing, at least five (5) days prior to initiation of project activities in jurisdictional areas, and at least five (5) days prior to completion of project activities in jurisdictional areas. Notification shall be mailed to DFG Inland Deserts Region, 4665 Lampson Avenue, Suite J, Los Alamitos, CA 90720, Attn: Streambed Team. Please reference SAA # 1600- 2010 - 0118 -R6. CONTACT INFORMATION Any communication that Permittee or DFG submits to the other shall be in writing and any communication or documentation shall be delivered to the address below by U.S. mail, fax, or email, or to such other address as Permittee or DFG specifies by written notice to the other. To Permittee: Ms. Rebecca Deming City of Beaumont 550 East 6th Street Beaumont, CA, 92223 (951) 769 -8520 (951) 769 -8526 (fax) rdeming @ci.beaumont.ca.us To DFG: Department of Fish and Game Inland Deserts Region 4665 Lampson Avenue, Suite J Los Alamitos, CA 90720 Attn: Lake and Streambed Alteration Program — Mr. Michael D. Flores Notification #1600- 2010 - 0118 -R6 (909) 481 -2945 mdflores @dfg.ca.gov Notification #1600 - 2010 -0118 -R6 Streambed Alteration Agreement Page 8 of 11 LIABILITY Permittee shall be solely liable for any violations of the Agreement, whether committed by Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents or contractors and subcontractors, to complete the project or any activity related to it that the Agreement authorizes. This Agreement does not constitute DFG's endorsement of, or require Permittee to proceed with the project. The decision to proceed with the project is Permittee's alone. SUSPENSION AND REVOCATION DFG may suspend or revoke in its entirety the Agreement if it determines that Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, is not in compliance with the Agreement. Before DFG suspends or revokes the Agreement, it shall provide Permittee written notice by certified or registered mail that it intends to suspend or revoke. The notice shall state the reason(s) for the proposed suspension or revocation, provide Permittee an opportunity to correct any deficiency before DFG suspends or revokes the Agreement, and include instructions to Permittee, if necessary, including but not limited to a directive to immediately cease the specific activity or activities that caused DFG to issue the notice. ENFORCEMENT Nothing in the Agreement precludes DFG from pursuing an enforcement action against Permittee instead of, or in addition to, suspending or revoking the Agreement. Nothing in the Agreement limits or otherwise affects DFG's enforcement authority or that of its enforcement personnel. OTHER LEGAL OBLIGATIONS This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from obtaining any other permits or authorizations that might be required under other federal, state, or local laws or regulations before beginning the project or an activity related to it. This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with other applicable statutes in the FGC including, but Notification #1600- 2010 -0118 -R6 Streambed Alteration Agreement Page 9 of 11 not limited to, FGC sections 2050 et seq. (threatened and endangered species), 3503 (bird nests and eggs), 3503.5 (birds of prey), 5650 (water pollution), 5652 (refuse disposal into water), 5901 (fish passage), 5937 (sufficient water for fish), and 5948 (obstruction of stream). Nothing in the Agreement authorizes Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, to trespass. AMENDMENT DFG may amend the Agreement at any time during its term if DFG determines the amendment is necessary to protect an existing fish or wildlife resource. Permittee may amend the Agreement at any time during its term, provided the amendment is mutually agreed to in writing by DFG and Permittee. To request an amendment, Permittee shall submit to DFG a completed DFG "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the corresponding amendment fee identified in DFG's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). TRANSFER AND ASSIGNMENT This Agreement may not be transferred or assigned to another entity, and any purported transfer or assignment of the Agreement to another entity shall not be valid or effective, unless the transfer or assignment is requested by Permittee in writing, as specified below, and thereafter DFG approves the transfer or assignment in writing. The transfer or assignment of the Agreement to another entity shall constitute a minor amendment, and therefore to request a transfer or assignment, Permittee shall submit to DFG a completed DFG "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the minor amendment fee identified in DFG's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). EXTENSIONS In accordance with FGC section 1605(b), Permittee may request one extension of the Agreement, provided the request is made prior to the expiration of the Agreement's term. To request an extension, Permittee shall submit to DFG a completed DFG "Request to Extend Lake or Streambed Alteration" form and include with the completed form payment of the extension fee identified in DFG's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). DFG shall process the extension request in accordance with FGC 1605(b) through (e). Notification #1600 - 2010 -0118 -R6 Streambed Alteration Agreement Page 10 of 11 If Permittee fails to submit a request to extend the Agreement prior to its expiration, Permittee must submit a new notification and notification fee before beginning or continuing the project the Agreement covers (Fish & G. Code, § 1605, subd. (f)). . EFFECTIVE DATE The Agreement becomes effective on the date of DFG's signature, which shall be: 1) after Permittee's signature; 2) after DFG complies with all applicable requirements under the California Environmental Quality Act (CEQA); and 3) after payment of the applicable FGC section 711.4 filing fee listed at http:// www.df-g.ca.gov /habcon /cega /cega changes.html. TERM This Agreement shall expire on December 31, 2015, unless it is terminated or extended before then. All provisions in the Agreement shall remain in force throughout its term. Permittee shall remain responsible for implementing any provisions specified herein to protect fish and wildlife resources after the Agreement expires or is terminated, as FGC section 1605(a)(2) requires. AUTHORITY If the person signing the Agreement (signatory) is doing so as a representative of Permittee, the signatory hereby acknowledges that he or she is doing so on Permittee's behalf and represents and warrants that he or she has the authority to legally bind Permittee to the provisions herein. AUTHORIZATION This Agreement authorizes only the project described herein. If Permittee begins or completes a project different from the project the Agreement authorizes, Permittee may be subject to civil or criminal prosecution for failing to notify DFG in accordance with FGC section 1602. Notification #1600 - 2010 -0118 -R6 Streambed Alteration Agreement Page 11 of 11 CONCURRENCE The undersigned accepts and agrees to comply with all provisions contained herein. FOR THE CITY OF BEAUMONT Rebecca Deming Date Permitee FOR DEPARTMENT OF FISH AND GAME David Elms Date Environmental Program Manager Prepared by: Michael D. Flores Senior Environmental Scientist WARREN D. WILLIAMS General Manager-Chief Engineer RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT April 25, 2011 EMAILED THIS DATE TO: rderningAci.beaumont.ca.us Ms. Rebecca Deming, Assistant Director of Planning City of Beaumont Planning Department 550 East 01' Street Beaumont, CA 92223 Dear Ms. Deming: 1995 MARKE"I'STRI. , 1`11' RIVERSIDE, CA 92501 951,955,1200 r,AX 951,788,9965 www�rcflood.org Re: Initial Study/Negative Declaration for the Noble Creek Crossing at Brookside Avenue Project This letter is written in response to the Initial Study/Negative Declaration (IS/ND) for the Noble Creek Crossing at Brookside Avenue Project. The proposed project would involve the construction of a bridge crossing at the intersection of Brookside Avenue and Noble Creek Channel, in the city of Beaumont, Riverside County. The Riverside County Flood Control and Water Conservation District (District) is providing the following comment that should be addressed in the IS/ND: Page 3 of the IS/ND indicates that an encroachment permit from the District will be required for improvements to the Noble Creek Channel. Please be advised that the District is a signatory to the Western Riverside County Multiple Species Habitat Conservation Plan (MSIICP). For purposes of procuring an encroachment permit from the District, the permit applicant will need to demonstrate that the portion of the project located within District right-of-way, easements or facilities are consistent with the MSIJCP. The DEIR should include an MSHCP consistency report with all of its supporting documents and provide adequate mitigation in accordance with all applicable MSHCP requirements. The report should address, at a minimum, Sections 3.2, 3.2.1, 6.1,2, 6.1.3, 6.1.4, 6.3.2, 7,53 and Appendix C of the MSHCP. In addition, it should be noted that a portion of the District's Noble Creek Channel is currently designated as conserved Public/Quasi Public (P/QP) lands in the MSIJCP. The IS/ND should address any impacts to P/QP lands. 2. The City should coordinate the bridge design and street improvements with the District's Operations and Maintenance Division to ensure that the District maintains access to all flood control facilities along Brookside Avenue and that the proposed restoration activities within Noble Creek Channel will not conflict with the District's maintenance responsibilities. Please contact Ed Lotz of the District's Encroachment Permit Section at 951,955.1266 for additional information. Thank you for the opportunity to review the IS/ND. Ms. Rebecca Deming -2- Re. Initial Study/Negative Declaration for the Noble Creek Crossing at Brookside Avenue Project April 25, 2011 Please forward any subsequent environmental documents regarding the project to my attention at this office. Any further questions concerning this letter may be referred to Jason Swenson at 951.955.8082 or me at 951.955.1233. Very truly yours, AR'ru'RO DIAZ Senior Civil Engineer Enclosure ec: TLMA Attn: Kristi Lovelady Ed Lotz JDS:rlp P8\137108 r STATE OF CALIFORNIA o 0 GOVERNOR'S OFFICE of PLANNING AND RESEARCH c "R° STATE CLEARINGHOUSE. AND PLANNING UNIT JERRY BROWN GOVERNOR April 19, 2011 , Rebecca Deming City of Beaumont/Planning Department 550 East Sixth Street Beaumont, CA 92223 Subject: Noble Creek Crossing at Brookside Avenue SCH #: 2011031063 Dear Rebecca Deming: F��E OP PLgNp�NC ��Q O opcnuFo�`as The .State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document. The review period closed on April 18,.2011, and the comments -from the responding agency (ies) is (are) enclosed. If this comment package is not.in order, please notify the State Clearinghouse immediately. Please refer to the project's ten -digit State Clearinghouse number in future correspondence so that we may respond promptly. Please note that Section 21104(c) of the California Public Resources Code states, that: "A responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are - required to be carried out or approved by the agency.* Those comments shall be supported by specific documentation." These comments are forwarded for use in preparing your final environmental document. Should you need more information or clarification of the enclosed comments, we recommend that you contact the commenting agency'directly. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact the State Clearinghouse at (916) 445 -0613 if you have any questions regarding the environmental review process. Sincerely_, colt Morgan Director, .State Clearinghouse Enclosures cc: Resources Agency 140010th Street P.O. Box 3044 Sacramento, California 95812 -3044 (916) 445 -0613 PAX (916) 323 -3018 www.opr.ca.vov Document Details Report State Clearinghouse Data Base SCH# 2011031063 Project Title Noble Creek Crossing at Brookside Avenue Lead Agency Beaumont, City of Type Neg Negative Declaration Description The project consists of replacing a substandard, Arizona -style crossing facility with two 24 -foot wide arch style bridge structures, which will span a 49 -foot wide channel at a diagonal angle to Brookside Avenue. This project also consists of elevating approximately 820 feet of surrounding roadway facilities with an overall footprint of impact of —900 feet. The project will build retaining walls on both sides of the road segment to minimize grading in the creek area and the paved section will vary from 47 feet wide on the west end of the segment to minimize grading in the creek area and the paved section will vary from 47 feet wide on the west end of the segment to a 60 feet wide paved section on the east end. The Project will not add any new travel lanes but will add a 10 -foot wide multi - purpose (Class I Pathway) on the north side of the road to link up to an existing pathway. Lead Agency Contact Name Rebecca Deming Agency City of Beaumont/Planning Department Phone (951) 769 -8518 Fax email Address 550 East Sixth Street City Beaumont State CA Zip 92223 Project Location County Riverside City Beaumont Region Lat /Long 33° 57'41.07" N / 116° 58'43.02" W Cross Streets Intersection of Beaumont & Brookside Avenue on Brookside Ave at Noble Creek Crossing Parcel No. 403 - 200 -008; 404 - 010 -011, 014, 016 Township 2S Range 1 W Section 27 &34 Base SBB &M Proximity to: Highways SR 79, SR 60, 1 -10 Airports Banning Municipal Railways UPRR Waterways Noble Creek Schools Beaumont HS Land Use Designated as "Seconary" Arterial Roadway within the Public Road ROW of Brookside Avend surrounding LU is Specific Plan Project Issues AestheticNisual; Agricultural Land; Air Quality; Archaeologic- Historic; Biological Resources; Drainage /Absorption; Flood Plain /Flooding; Forest Land /Fire Hazard; Geologic /Seismic; Minerals; Noise; Population /Housing Balance; Public Services; Recreation /Parks; Sewer Capacity; Soil Erosion /Compaction /Grading; Solid Waste; Toxic /Hazardous; Traffic /Circulation; Vegetation; Water Quality; Wetland /Riparian; Growth Inducing; Landuse; Cumulative Effects; Other Issues Reviewing Resources Agency; Department of Fish and Game, Region 6; Office of Historic Preservation; Agencies Department of Parks and Recreation; Department of Water Resources; Caltrans, Division of Aeronautics; California Highway Patrol; Caltrans, District 8; Regional Water Quality Control Board, Region 8; Department of Toxic Substances Control; Native American Heritage Commission Date Received 03/18/2011 Start of Review 03/18/2011 End of Review 04/18/2011 Note: Blanks in data fields result from insufficient information provided by lead agency. E 3 California Natural Resources Agency EDMUND G. BROWN, JR., Governor' DEPARTMENT OF FISH AND GAME JOHN MCCAMMAN, Director hftp://www.dtq.ca.go Inland Deserts Region 3602 Inland Empire Blvd., Suite C -200 Ontario, CA 91764 (909) 484 -0167 April 18, 2011 Ms. Rebecca Deming Planning Department City of Beaumont 550 E. 6th Street Beaumont, ca 92223 Re: Negative Declaration for the Noble Creek Crossing at Brookside Avenue City of Beaumont, Riverside County -- SCH # 2011031063 Dear Ms. Deming: The Department of Fish and Game (Department) appreciates this opportunity to comment on the Negative Declaration (MND) for the Noble Creek Crossing at Brookside Avenue. The Department is responding as a Trustee Agency for fish and wildlife resources [Fish and Game Code sections 711.7 and 1802 and the California Environmental Quality Act Guidelines (CEQA) section 15386] and as a Responsible Agency regarding any discretionary actions (CEQA Guidelines section 15381), such as a Lake and Streambed Alteration Agreement (Section 1600 et seq.) or a California Endangered Species Incidental Take Permit (Fish and Game Code Sections 2080 and 2080.1). For this project the Department will be acting as a Trustee [and Responsible] Agency. As per Section 15096 of the California Environmental Quality Act statute, as a Responsible Agency the Department is obligated to focus its comments on any shortcomings in the CEQA document, the appropriateness of the CEQA document utilized, and additional alternatives or mitigation measures which the CEQA document should include. The site is located at the intersection of Brookside Avenue and Noble Creek in the City of Beaumont and the Arizona Crossing is prone to flooding. To the east and west are an elementary school and Beaumont High School. The site is surrounded by vacant land. The project consists of constructing a new bridge structure and associated drainage facilities. The total length of the project is 900 feet. The Arizona Crossing will be replaced by two 24 — foot wide arch style bridge structures spanning a 49 -foot wide channel. Approximately 820 feet of the roadway will be elevated. The stream is 15 -18 feet wide, with a sandy bottom and sparse vegetation. The road is paved on either side of the Arizona crossing. Conserving Caffornia's Wifdffe Since 1870 Negative Declaration for the Noble Creek Crossing at Brookside Avenue City of Beaumont, County of Riverside -- SCH 2011031063 Page 2 of 4 MSHCP The project is located within the boundary of the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP) and is subject to the provisions and policies of that plan. The MSHCP is a Natural Communities Conservation Plan that provides coverage for 146 species and up to 510,000 acres. Participants in the MSHCP are issued take authorization for covered species and do not require Federal or State Endangered Species Act Permits. The City of Beaumont is a signatory to the MSHCP. Recommendations Per section 15096 of the CEQA statute, as a Responsible Agency the Department is obligated to focus its comments on any inadequacies of the CEQA document and additional alternatives or mitigation measures which should be included in the CEQA document. As a Responsible Agency the Department will be obligated to consult the final CEQA document to prepare a Lake and Streambed Alteration Agreement or a California Endangered Species Incidental Take Permit. If the final CEQA document fails to identify and adequately mitigate all of the impacts of the proposed project and any alternatives, the project proponents will be required to reinitiate the CEQA process at their expense, or fund another CEQA process under the direction of the Department to identify and adequately mitigate all impacts associated with any Department discretionary actions. The Department recommends that the Lead Agency clarify the issue raised below. 1. Submittal of a 1600 Lake or Streambed Alteration Agreement Notification form for impacts to State jurisdictional waters; 2. A revegetation plan showing that disturbed areas will be planted with native vegetation; 3. A revegetation maintenance and monitoring plan. Bioloaical Resources Vegetation upstream of the site consists of mule fat, buckwheat, and non - native grasses. Downstream of the site the creek is regularly disked. No special status plants or animals were observed. Surveys were conducted in 2010 Streambed Alteration Aareements and CEQA The site is located on Noble Creek. The stream is an earthen, soft bottom channel. The proposed project will have temporary and permanent impacts to native and non - native vegetation. The stream channel is subject to periodic scour. The development is beneficial in that it removes an Arizona Crossing. If the CEQA documents do not fully identify potential impacts to lakes, streams, and associated resources and provide adequate avoidance, mitigation, monitoring, funding sources, a habitat management plan and reporting commitments, additional CEQA documentation will be required prior to execution (signing) of the Agreement. In order to avoid delays or repetition of the CEQA process, potential impacts to a Negative Declaration for the Noble Creek Crossing at Brookside Avenue City of Beaumont, County of Riverside -- SCH 2011031063 Page 3 of 4 stream or lake, as well as avoidance and mitigation measures need to be discussed within this CEQA document. The Department opposes the elimination of drainages, lakes and their associated habitats. The Department recommends avoiding the stream and riparian habitat to the greatest extent possible. Any unavoidable impacts need to be compensated with the creation and /or restoration of in -kind habitat either on -site or off -site at a minimum 3:1 replacement -to- impact ratio, depending on the impacts and proposed mitigation. Additional mitigation requirements through the Department's Streambed Alteration Agreement process may be required depending on the quality of habitat impacted, proposed mitigation, project design, and other factors. We recommend submitting a notification early on, since modification of the proposed project may be required to avoid or reduce impacts to fish and wildlife resources. To obtain a Streambed Alteration Agreement notification package, please call (562) 430 -7924. The following information will be required for the processing of a Streambed Alteration Agreement and the Department recommends incorporating this information to avoid subsequent CEQA documentation and project delays: 1) Delineation of lakes, streams, and associated habitat that will be temporarily and /or permanently impacted by the proposed project (include an estimate of impact to each habitat type); 2) Discussion of avoidance measures to reduce project impacts; and, 3) Discussion of potential mitigation measures required to reduce the project impacts to a level of insignificance. Section 15370 of the CEQA guidelines includes a definition of mitigation. It states that mitigation includes: 1) Avoiding the impact altogether by not taking a certain action or parts of an action, 2) Minimizing impacts by limiting the degree or magnitude of the action and its implementation, 3) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment, 4) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action, 5) Compensating for the impact by replacing or providing substitute resources or environments. In the absence of specific mitigation measures in the CEQA documents, the Department believes that it cannot fulfill its obligations as a Trustee and Responsible Agency for fish and wildlife resources. Permit negotiations conducted after and Negative Declaration for the Noble Creek Crossing at Brookside Avenue City of Beaumont, County of Riverside -- SCH 2011031063 Page 4 of 4 outside of the CEQA process deprive the public of its rights to know what project impacts are and how they are being mitigated in violation of CEQA Section 15002. Also, because mitigation to offset the impacts was not identified in the CEQA document, the Department does not believe that the Lead Agency can make the determination that impacts to jurisdictional drainages and /or riparian habitat are "less than significant" without knowing what the specific impacts and mitigation measures are that will reduce those impacts. Thank you for this opportunity to comment. Please contact Robin Maloney -Rames at (909) 980 -3818, if you have any questions regarding this letter. Sincerely, Jeff Brandt Senior Environmental Scientist October 12, 2010 City of Beaumont ±ti E. tall SP_t' ~r nPitlllli� ?It, C;1 92223 tl?ItZll: CITY�ILt�!'��Ci.IJPil11lllO]/ F.CLI. IIS ! i/ Li �i. ��'.t7.��t't7t11T1011C.0 "it.! {S Mr. Michael D. Flores, Environmental Scientist California Department of Fish and Game Region 6 3602 Inland Empire Boulevard, Suite C -220 Ontario, California 91764 Re: Notification No. 1600- 2010 - 0118 -R6 Noble Creek Streambed Alteration Agreement Dear Mr. Flores: We appreciate your October 7, 2010 email letter (enclosed) describing the documentation needed to complete the Notification sections and the attached information is respectfully submitted for your consideration. Section 4: Agreement Term Although the project is planned to be complete by mid -2011, there will be a commitment by the City of Beaumont to monitor and report to DFG for five years and therefore the requested Agreement Term will be six years to allow one year of construction and five years of reporting. Section I I A -D: Project Impacts The proposed project will create a positive impact by removing approximately .03 acres, or 1360 square feet (eg 34 feet by 40 feet), or 50 cubic yards of deteriorating asphalt that historically has been used as a substandard dip - crossing through Noble Creek. The double arch- bridge crossing will be built with a center pier made of concrete and steel one foot thick on top of a six foot deep footing running for ninety feet to support the two twenty -four foot wide arches (see exhibit). Following construction of the double arch - bridge for the new, safe, all - weather alignment of Brookside Avenue over Noble Creek, the newly restored, wider and enhanced sandy bottom natural channel is expected to support voluntary recruitment of sandy wash native plant varieties, tolerant of seasonal flood glows, similar to those native varieties found today, upstream and downstream of the proposed project. Section 12: Measures to Protect Fish, Wildlife and Plants The overall goal of the project is to simultaneously provide a safe all- weather crossing for Brookside Avenue over Noble Creek while also providing enhancement to the natural environment in the form of removal of the asphalt dip- crossing, restoration/enlargement of the sandy creek bottom, construction management measures and five years of annual reporting to monitor the progress of the restoration of the sandy bottom of Noble Creek. Measures to protect natural resources include City- required design specifications taken from Caltrans Standard Special Provisions, including, but not limited to; 07 -345 Water Pollution Control. Requires a Storm Water Pollution Protection Plan (SWPPP), site management and monitoring. 07 -346 Construction Site Management. Requires control of potential sources of water pollution before they come into contact with Noble Creek. 07 -405 Temporary Concrete Washout Facility. Requires best management practices (BMP) related to temporary concrete construction waste. 07 -430 Temporary Silt Fence. Required BMP for sediment control. 07 -480 Temporary Construction Entrance. Required BMP for safety and tracking control. 20 -049 Erosion Control -Dry Seed. Required BMP for graded slope sediment control. In addition the City of Beaumont will be doing an annual monitoring report for five years to monitor the progress of the new bridge and the restoration of the sandy bottom of Noble Creek. We are looking forward to earning your support for this important project, including your determination that this Notification is deemed complete and the negotiation of a mutually beneficial Streambed Alteration Agreement in the most expeditious practical way. Please call or email your instructions to help complete this important entitlement. Sincerely, Rebecca Deming, Assistant Director of Planning Cc Kishen Prathivadi, Engineering Manager Jon Petke April 15, 2011 Rebecca Deming, Assistant Planning Director City of Beaumont Planning Department 550 E. Sixth Street Beaumont, CA 92223 SUBJECT: City of Beaumont Initial Study/Negative Declaration For the Noble Creek Crossing at Brookside Avenue Project Dear Ms. Deming: MORONGO BAND Of MISSION INDIANS A SOVEREIGN NATION Thank you for contacting the Morongo Band of Mission Indians regarding the above referenced project. The Tribe greatly appreciates the opportunity to review the project and, respectfully, offer the following comments. The project is outside of the Tribe's current reservation boundaries but within an area that may be considered a traditional use area or one in which the Tribe has cultural ties (e.g. Cahuilla/Serrano territory). It spears that the Cultural Resources analysis of the Initial Study/Negative Declaration adequately addresses the Tribe's concerns regarding cultural and/or archaeological resources and buried cultural materials. Based upon this finding, the Morongo Band of Mission Indians has no comments at this time but reserves the right to comment on any future project development proposals. If I may be of further assistance with regard to this matter, please do not hesitate to contact me at 951- 755 -5212 or FDANCY(c.-)-MORONGO- NSN.GOV. Very truly yours, MORONGO BAND OF MISSION INDIANS 7r! A. Dancy, Director of Planning 12700 PUMARRA ROAD - BANNING, CA 92220 - 951- 849 -4697 - FAx 951- 849 -4425 v Linda S. Adams Acting Secretary for Environmental Protection April 12, 2011 Department of Toxic Substances Control Leonard E. Robinson Acting Director 5796 Corporate Avenue Cypress, California 90630 Ms. Rebecca Deming City of Beaumont / Planning Department 550 E 6th Street Beaumont, California 92223 Edmund G. Brown Jr. Governor NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION FOR THE NOBLE CREEK CROSSING AT BROOKSIDE AVENUE PROJECT, (SCH #2011031063), RIVERSIDE COUNTY Dear Ms. Deming: The Department of Toxic Substances Control (DTSC) has received your submitted draft Initial Study (IS) and a draft Negative Declaration (ND) for the above - mentioned project. The following project description is stated in your document: "The City of Beaumont proposes to improve the existing roadway crossing condition by constructing a dual 24' x 10' concrete arch crossing. The arch crossing will provide for an all weather vehicular and pedestrian creek crossing and thereby eliminating the current "Arizona" crossing or the need of temporary road closures. This road improvement project also consists of elevating approximately 820 feet of roadway to accommodate the new bridge structure and installing other associated drainage facilities. The project site of the Brookside Avenue Street Improvements over Noble Creek is located just west of the Brookside Avenue and Beaumont Avenue Intersection and east of Mountain View Avenue and Beaumont High School within the City of Beaumont in Riverside County, California. There is little development within or surrounding the project site; however there is a sports park complex east of the site; an elementary school west of the site; and, a high school north of the site. South of the site is vacant land. All proposed street improvements are within the existing 74 -foot right -of -way. Noble Creek currently crosses Brookside Avenue via an asphalt, at grade, "Arizona" type crossing. Noble Creek both upstream and downstream of Brookside Avenue currently exists as a dry, sandy, earthen trapezoidal channel that also contains a steep flow gradient ". Ms. Rebecca Deming April 12, 2011 Page 2 Based on the review of the submitted document DTSC has the following comments: 1) The ND should evaluate whether conditions within the Project area may pose a threat to human health or the environment. Following are the databases of some of the regulatory agencies: • National Priorities List (NPL): A list maintained by the United States Environmental Protection Agency (U.S.EPA). • Envirostor (formerly CalSites): A Database primarily used by the California Department of Toxic Substances Control, accessible through DTSC's website (see below). • Resource Conservation and Recovery Information System (RCRIS): A database of RCRA facilities that is maintained by U.S. EPA. • Comprehensive Environmental Response Compensation and Liability Information System (CERCLIS): A database of CERCLA sites that is maintained by U.S.EPA. • Solid Waste Information System (SWIS): A database provided by the California Integrated Waste Management Board which consists of both open as well as closed and inactive solid waste disposal facilities and transfer stations. • GeoTracker: A List that is maintained by Regional Water Quality Control Boards. • Local Counties and Cities maintain lists for hazardous substances cleanup sites and leaking underground storage tanks. • The United States Army Corps of Engineers, 911 Wilshire Boulevard, Los Angeles, California, 90017, (213) 452 -3908, maintains a list of Formerly Used Defense Sites (FUDS). 2) The ND should identify the mechanism to initiate any required investigation and /or remediation for any site within the proposed Project area that may be contaminated, and the government agency to provide appropriate regulatory oversight. If necessary, DTSC would require an oversight agreement in order to review such documents. Ms. Rebecca Deming April 12, 2011 Page 3 3) Any environmental investigations, sampling and /or rem.ediation for a site should be conducted under a Workplan approved and overseen by a regulatory agency that has jurisdiction to oversee hazardous substance cleanup. The findings of any investigations, including any Phase I or II Environmental Site Assessment Investigations should be summarized in the document. All sampling results in which hazardous substances were found above regulatory standards should be clearly summarized in a table. All closure, certification or remediation approval reports by regulatory agencies should be included in the ND. 4) If buildings, other structures, asphalt or concrete -paved surface areas are being planned to be demolished, an investigation should also be conducted for the presence of other hazardous chemicals, mercury, and asbestos containing materials (AGMs). If other hazardous chemicals, lead -based paints (LPB) or products, mercury or ACMs are identified, proper precautions should be taken during demolition activities. Additionally, the contaminants should be remediated in compliance with California environmental regulations and policies. 5) Future project construction may require soil excavation or filling in certain areas. Sampling may be required. If soil is contaminated, it must be properly disposed and not simply placed in another location onsite. Land Disposal Restrictions (LDRs) may be applicable to such soils. Also, if the project proposes to import soil to backfill the areas excavated, sampling should be conducted to ensure that the imported soil is free of contamination. 6) Human health and the environment of sensitive receptors should be protected during any construction or demolition activities. If necessary, a health risk assessment overseen and approved by the appropriate government agency should be conducted by a qualified health risk assessor to determine if there are, have been, or will be, any releases of hazardous materials that may pose a risk to human health or the environment. 7) If the site was used for agricultural, livestock or related activities, onsite soils and groundwater might contain pesticides, agricultural chemical, organic waste or other related residue. Proper investigation, and remedial actions, if necessary, should be conducted under the oversight of and approved by a government agency at the site prior to construction of the project. 8) If it is determined that hazardous wastes are, or will be, generated by the proposed operations, the wastes must be managed in accordance with the California Hazardous Waste Control Law (California Health and Safety Code, Division 20, Chapter 6.5) and the Hazardous Waste Control Regulations (California Code of Regulations, Title 22, Division 4.5). If it is determined that hazardous wastes will be generated, the facility should also obtain a United States Environmental Protection Ms. Rebecca Deming April 12, 2011 Page 4 Agency Identification Number by contacting (800) 618 -6942. Certain hazardous waste treatment processes or hazardous materials, handling, storage or uses may require authorization from the local Certified Unified Program Agency (CUPA). Information about the requirement for authorization can be obtained by contacting your local CUPA. 9) DTSC can provide cleanup oversight through an Environmental Oversight Agreement (EOA) for government agencies that are not responsible parties, or a Voluntary Cleanup Agreement (VCA) for private parties. For additional information on the EOA or VCA, please see www.dtsc.ca.gov /S'IteCleanup /Brownfields, or contact Ms. Maryam Tasnif - Abbasi, DTSC's Voluntary Cleanup Coordinator, at (714) 484 -5489. 10) Also, in future CEQA document, please provide your e -mail address, so DTSC can send you the comments both electronically and by mail. If you have any questions regarding this letter, please contact Rafiq Ahmed, Project Manager, at rahmed(c_dtsc.ca.gov, or by phone at (714) 484 -5491. Sincerely, Greg Holmes Unit Chief Brownfields and Environmental Restoration Program cc: Governor's Office of Planning and Research State Clearinghouse P.O. Box 3044 Sacramento, California 95812 -3044 state. clearing house(a.opr.ca.gov. CEQA Tracking Center Department of Toxic Substances Control Office of Environmental Planning and Analysis P.O. Box 806 Sacramento, California 95812 ADelacr1(a_dtsc.ca.gov CEQA # 3175 Appendix C Notice of Completion & Environmental Document Transmittal Mail to. State Clearinghouse, P.O. Box 3044, Sacramento, CA 95812 -3044 (916) 445 -0613 For Hand Delivery/Street Address: 1400 Tenth Street, Sacramento, CA 95814 2011 Project Title: Noble Creek Crossing at Brookside Avenue Lead Agency: City of Beaumont / Planning Department Contact Person: Rebecca Deming Mailing Address: 550 E 6th Street Phone: (951) 769 -8518 City: Beaumont Zip: 92223 County: Riverside County Project Location: County: Riverside County City/Nearest Community: City of Beaumont Cross Streets: Intersection of Beaumont & Brookside Avenue on Brookside Ave at Noble Creek Crossing Zip Code: 92223 Longitude /Latitude (degrees, minutes and seconds): 116 , 58 , 43.W' N / 33 -57 , 41.0d" W Total Acres: 1.21AC Assessor's Parcel No.: 403 - 200 -008; 404 - 010 -011, 014, 01f Section: 27 & 34 Twp.: T2S Range: R1 W Base: SBBM Within 2 Miles: State Hwy #: SR 79, SR 60 & 1 -10 FWY Waterways: Noble Creek Airports: Banning Municipal AP 8 Mile fF Railways: UPRR 2.5 Miles South Schools: Beaumont High School Document Type: — — — — — — — — — — —— — — — — — — — — — — — — — — — — — 1VG® rci�n� CEQA: ❑ NOP ❑ Draft EIR NEPA: ❑ NOI Other: ❑ J Early Cons ❑ Supplement/Subs equent EIR ❑ EA ❑ FQ 2011 y Neg Dec (Prior SCH No.) ❑ Draft EIS ❑ O ❑ Mit Neg Dec Other: ❑ FONSI - - ---- GH9U -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - STATEC.LEAl� Local Action Type: ❑ General Plan Update ❑ Specific Plan ❑ Rezone ❑ Annexation ❑ General Plan Amendment ❑ Master Plan ❑ Prezone ❑ Redevelopment ❑ General Plan Element ❑ Planned Unit Development ❑ Use Permit ❑ Coastal Permit ❑ Community Plan ❑ Site Plan ❑ Land Division (Subdivision, etc.) ❑✓ Other:Street Impry Proj Development Type: ❑ Residential: Units Acres ❑ Office: Sq.ft. Acres Employees Transportation: Type Bridge /non - capacity increasing road ❑ Commercial: Sq.ft. Acres Employees ❑ Mining: Mineral ❑ Industrial: Sq.ft. Acres Employees ❑ Power: Type MW ❑ Educational: ❑ Waste Treatment: Type MGD ❑ Recreational: ❑ Hazardous Waste:Type ❑ Water Facilities:Type MGD ❑ Other: — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Project Issues Discussed in Document: ❑✓ Aesthetic /Visual ❑ Fiscal ❑� Recreation/Parks ❑✓ Vegetation ❑✓ Agricultural Land ❑✓ Flood Plain/Flooding ❑ Schools /Universities ❑✓ Water Quality • Air Quality M Forest Land/Fire Hazard ❑ Septic Systems ❑ Water Supply /Groundwater • Archeological /Historical ❑✓ Geologic /Seismic Q Sewer Capacity El Wetland/Riparian ❑✓ Biological Resources ✓❑ Minerals El Soil Erosion/Compaction/Grading Q Growth Inducement ❑ Coastal Zone ❑� Noise M Solid Waste 0 Land Use Drainage /Absorption 0 Population/Housing Balance Toxic /Hazardous R1 Cumulative Effects ❑ Economic /Jobs 0 Public Services /Facilities ❑ Traffic /Circulation 0 Other:IS /EA CEQA Checb — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Present Land Use /Zoning /General Plan Designation: Designated as "Secoundary" Arterial Roadway within the Public Road ROW of Brookside Aven. / surrounding LU is Specific Plan Project Description: (please use a separate page if necessary) The project consists of replacing a substandard, Arizona -style crossing facility with two 24 -foot wide arch style bridge structures, which will span a 49 -foot wide channel at a diagonal angle to Brookside Avenue. This project also consists of elevating approximately 820 feet of surrounding roadway facilities with an overall footprint of impact of —900 feet. The project will build retaining walls on both sides of the road segment to minimize grading in the creek area and the paved section will vary from 47 feet wide on the west end of the segment to a 60 feet wide paved section on the east end. The Project will not add any new travel lanes but will add a 10 -foot wide multi - purpose (Class I Pathway) on the north side of the road to link up to an existing pathway. Note: ne State Clearinghouse will assign identification numbers_for all new projects. if a SCH number already exists.for a project (e.g. Notice of Preparation or previous draft document) please fill in. Revised 2008 Reviewing Agencies Checklist Lead Agencies may recommend State Clearinghouse distribution by marking agencies below with and "X ". If you have already sent your document to the agency please denote that with an "S ". X Air Resources Board Boating & Waterways, Department of _ California Highway Patrol _ Caltrans District # 8 _ Caltrans Division of Aeronautics _ Caltrans Planning _ Central Valley Flood Protection Board _ Coachella Valley Mtns. Conservancy _ Coastal Commission _ Colorado River Board _ Conservation, Department of _ Corrections, Department of _ Delta Protection Commission X Education, Department of _ Energy Commission X Fish & Game Region # 6 Food & Agriculture, Department of X Forestry and Fire Protection, Department of _ General Services, Department of _ Health Services, Department of _ Housing & Community Development _ Integrated Waste Management Board X Native American Heritage Commission Local Public Review Period (to be filled in by lead agency) Starting Date April 19, 2011 Lead Agency (Complete if applicable): Consulting Finn: Address: City /State /Zip: _ Contact: Phone: X Office of Emergency Services X Office of Historic Preservation Office of Public School Construction Parks & Recreation, Department of Pesticide Regulation, Department of X Public Utilities Commission X Regional WQCB # 8 Resources Agency S.F. Bay Conservation & Development Comm. San Gabriel & Lower L.A. Rivers & Mtns. Conservancy San Joaquin River Conservancy Santa Monica Mtns. Conservancy State Lands Commission SWRCB: Clean Water Grants X SWRCB: Water Quality SWRCB: Water Rights Tahoe Regional Planning Agency Toxic Substances Control, Department of Water Resources, Department of Other: Other: Ending Date June 21, 2011 Applicant: City of Beaumont Planning Dept c/o R. Deming Address: 550 E. 6th Street City /State /Zip: Beaumont, CA. 92223 Phone: (951) 769 -8518 —————————————-———— — — — — — — — — — — — — — — — — T� Signature of Lead Agency Representative: __ _ Date: 03/18/2011 Authority cited: Section 21083, Public Resour es Code. Reference: Section 21161, Public Resources Code. Revised 2008 THE PRESS - ENTERPRISE 3450 Fourteenth Street Riverside CA 92501 -3878 951 - 684 -1200 951 - 368 -9018 FAX PROOF OF PUBLICATION (2010, 2015.5 C.C.P.) Press - Enterprise PROOF OF PUBLICATION OF Ad Desc.: Neg Dec 11 -ND -03 Noble Creek Crossi I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am an authorized repre- sentative of THE PRESS - ENTERPRISE, a newspa- per of general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673 and under date of August 25, 1995, Case Number 267864; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any sup- plement thereof on the following dates, to wit: 04 -09 -11 1 Certify (or declare) under penalty of perjury that the foregoing is true and correct. Date: Apr. 9, 2011 At: Riverside, California BEAUMONT, CITY OF / LEGAL 550 E SIXTH ST BEAUMONT CA 92223 Ad #: 10614033 PO #: Agency #: d Copy: LEGAL ADVERTISEMENT NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on the matter de- scribed below. The City Council's public hearing on this matter will be held at 6:00 p.m. on Tuesday, May 3, 2011 in the Council Chambers at Beaumont City Hall, 550 East Sixth Street, Beaumont, California. The matter to be considered is further described below: Negative Declaration No. 11 -ND -03 Noble Creek Crossing at Brookside Avenue Project - The City Council will consider the adoption of a Negative Declaration, pursuantto the California Environmental Quality Act, for abridge and associated street improvement work pro- posed for Brookside Avenue between the intersection of Beaumont and Brookside Avenue. At the hearing, Council will also be reviewing the authorization to go out to bid for construction on the Project and enteringg into a 1600 Streambed Alteration Agreement with the Califor- nia Department of Fish and Game and other associated Project implementation actions. The Project's Initial Study evaluation and Negative Declaration clearance was prepared by the City Plan - ning Department and determines that the Project will not have a significant adverse effect on the environment. Rebecca Deming Assistant Director of Planning On public hearings, the public may present testimony to the City Council either in person or by mail. Written comments will be accepted until the night ofthe hearing. Dated: April 6, 2011 4/9