February 13, 2024
5:00 p.m.
In Chambers
Council Chambers
99 E. Ramsey Street
Banning, CA 92220
1. CALL TO ORDER
2. AGENDA APPROVAL
3. PRESENTATIONS
3.1 Proclamation for American Heart Month
3.2 Proclamation for Black History Month
3.3 Proclamation for National Engineers Week
3.4 Quarterly Small Business Recognition - Donut De-Lite AGENDA
REGULAR CITY COUNCIL MEETING OF THE BANNING CITY COUNCIL
CITY OF BANNING, CALIFORNIA
The following information comprises the agenda for the regular meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.
Per City Council Resolution 2016-44, matters taken up by the Council before 10 p.m. may be concluded, but no new matters shall be taken up except upon a unanimous vote of the council members present and voting. Such an extension shall only be valid for one hour and each hour thereafter shall require a renewed action for the meeting to continue.
TELECONFERENCE LOCATION
Council Member Flynn will be participating from a remote location: 16680 Compass Circle, Yorba Linda 92886. Members of the public are invited to attend at this location.
1.1. INVOCATION
Performed by Pastor Todd Oldenburg
1.2. PLEDGE OF ALLEGIANCE
1.3. ROLL CALL
2.0. AGENDA APPROVAL
Recommendation: Proclaim February 2024 American Heart Month.
Recommendation: Proclaim February 2024 Black History Month.
Recommendation: Proclaim February 18-24, 2024 Engineers Week.
Recommendation: Staff respectfully recommends City Council recognize Donut De-Lite, an exceptional small business within the City.
Regular City Council Meeting Agenda
February 13, 2024
1 4. REPORT ON CLOSED SESSION
5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS
6. CONSENT ITEMS
6.1 Approval of the Meeting Minutes for the January 9, 2024 City Council Meetings
6.2 Accounts Payable and Payroll Warrants Issued in the Month of December 31, 2023
6.3 Receive and File Cash and Investments Report for the Month of December 2023
6.4 Receipts, Disbursements, & Fund Balances Reporting for November and December 2023 and Fiscal Year 2022-23 and 2023-24 Year-To-Date
6.5 Receive and File Police Department Statistics for the Month of December 2023
6.6 Receive and File Fire Protection Services Statistics for the Month of December 2023 and Annual Report for 2023
6.7 Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports
Serita Young, City Attorney
5.1. PUBLIC COMMENTS
5.2. CORRESPONDENCE
5.3. APPOINTMENTS
5.4. CITY COUNCIL COMMITTEE REPORTS
5.5. CITY MANAGER'S REPORT
5.6. CITY ATTORNEY'S REPORT
5.7. CITY TREASURER'S REPORT
The following items have been recommended for approval and will be acted upon simultaneously, unless a member of the City Council/Banning Utility Authority/Successor Agency Board wishes to remove an item for separate consideration.
Recommendation: Approve the minutes of the January 9, 2024 City Council Meetings.
Recommendation: Review and ratify the warrants for period ending December 31, 2023, per California Government Code Section 37208.
Recommendation: That City Council receive and file Cash and Investment Report for December 2023 on this day, February 13, 2024, in accordance with California Government Code 53646.
Recommendation: Receive and file Receipts, Disbursements, & Fund Balances Reporting for November and December 2023 and Fiscal Year 2022-23 and 2023-24 Year-To-Date Interactive Report.
Recommendation: Receive and file Police Department statistics for the month of December 2023.
Recommendation: Receive and File Fire Department statistics for the month of December 2023 and the Annual Report for 2023.
Recommendation: Receive and file contracts approved under the City Manager’s signature authority of $25,000 or less and inventory reports.
Regular City Council Meeting Agenda
February 13, 2024
2 6.8 Receive and File Code Enforcement Update and Statistics for the Month of December 2023
6.9 Parks and Recreation Report of Monthly activities through the 2nd quarter of Fiscal Year 2023/2024 – December 2023
6.10Consideration of Amendment No. 1 to the Purchase Order with Couts Heating and Cooling, Inc. of Corona, California for As-Needed HVAC services for City of Banning facilities in the amount of $15,000 for a total purchase order of $40,000
6.11Accept as Complete Various Public Improvements Related to the Atwell Specific Plan Development and Authorize the 90% Bond Exoneration
6.12Consideration of Resolution 2024-16, Approving Community Development Block Grant Consolidated Plan Needs Assessment for 2024-2029
6.13Consideration of Resolution 2024-17, Approving Amendment No. 2 to the Professional Services Agreement with CASC Engineering and Consulting, Inc. for an Additional Amount of $50,324.36 for the Design of the San Gorgonio Avenue and Railroad At-Grade Crossing Safety Improvements
6.14Consideration of Resolution 2024-18, Approving an Updated Service Plan for Banning Connect Transit Services
6.15Consideration of Resolution 2024-19, Approving the Reprogramming of Community Development Grant (CDBG) Funds for FY 2024-2025 in the Amount of $30,000 from Fire Station #89 to the Dysart Park Bleacher Project
6.16Consideration of Resolution 2024-20, Authorizing the Acceptance of the Donation of Three (3) BMW Police Motorcycles from the City of Riverside Police Department.
6.17Consideration of Resolution 2024-21, Initiating Proceedings to Update Landscape Maintenance District No. 1 for Fiscal Year 2024/2025
Recommendation: Receive and File Code Enforcement Update and Statistics for the Month of December, 2023.
Recommendation: That the City Council receive and file the monthly activities report for December 2023.
Recommendation: Staff recommends that the City Council:
1. Approve Amendment No. 1 to the purchase order with Couts Heating and Cooling of Corona, Inc. of Corona, California for as-needed HVAC services for City of Banning facilities in the amount of $15,000 for a total purchase order of $40,000.
2. Authorizes the City Manager or designee to make necessary budget adjustments, appropriations, and transfers related to Amendment No. 1 to the purchase order with Couts Heating and Cooling, Inc. for as-needed HVAC services.
3. Authorizes the City Manager to execute Amendment No. 1 to the purchase order.
Recommendation: Staff recommends that City Council accept as complete various public improvements related to the Atwell Specific Plan Development and authorize the 90% exoneration of those bonds covering those public improvements.
Recommendation: Staff recommends Council adopt Resolution 2024-16, Approving the Community Development Block Grant (“CDBG”) Consolidated Plans Needs Assessment for 2024-2029.
Recommendation: Staff recommends that the City Council adopt Resolution 2024-17.
Recommendation: Staff recommends that City Council adopt Resolution 2024-18.
Recommendation: Staff recommends adoption of Resolution 2024-19, approving the reprogramming of CDBG funds for FY 2024-2025 in the amount of $30,000 from Fire Station #89 to the Dysart Park Bleacher Project.
Recommendation: City staff recommends that the City Council adopt Resolution 2024-20.
Regular City Council Meeting Agenda
February 13, 2024
3 6.18Consideration of Resolution 2024-22, Approving the Purchase of 50 Motorola APX NEXT Radios and Accessories
6.19Consideration of Resolution 2024-23, Approving the Sole-Sourced Emergency Site Clean-up, Damaged Equipment Removal, Environmental Site Remediation and Security Guard Services Due to a Vandalism Fire at the Electric Utility’s Alola Substation at an Updated Total Expense of $382,206.57
6.20Consideration of Resolution 2024-24, Approving the "Amended and Restated City of Banning Fee Agreement with Thompson Coburn LLP For Special Counsel Services” for an 8% Annual Increase in Hourly Legal Rates and to Update, Restate, and Amend Obsolete Provisions in the Agreement
6.21Consideration of Resolution 2024-26, Approving SATEC ExpertPower Software-as-a-Service (SaaS) Agreement
6.22Consideration of Resolution 2024-28, Approving an InfoSend Master Service Agreement to Provide Data-Processing, Printing, and Mailing Services for Utility Billing
6.23Consideration of WSPP Agreement/Confirmation between the City of Banning and the City of Burbank, CA for the Sale of Project Energy Bundled with the Associated Renewable Energy Credits (RECs)
6.24Second Reading and Adoption of Ordinance 1599, an Ordinance of the City of Banning, California, Amending Table B (Public Safety Services) of Section 3.36.080 (Schedule of Fees and Service Charges) of Chapter 3.36 (Fee and Service Charge Revenue/Cost Comparison) of Title 3 (Revenue and Finance) of the Banning Municipal Code to Add References to Fees and Charges for Fire Inspections of Existing Businesses and Operational Fire Permits, and Making a Determination of Exemption from the California Environmental Quality Act
7. PUBLIC HEARINGS
7.1 Consideration and Introduction of Ordinance 1600, Amending the High Density Residential (HDR) and Very High Density Residential (VHDR) Zoning Districts by Amending the Definitions in Sections 17.08.010.B.8 and 17.08.010.B.11, Amending Existing Permitted Uses and Adding New Permitted and Conditionally Permitted Uses for the Very High Density Residential Zone in Section 17.08.020, and Adding Residential Development Standards for Recommendation: Staff recommends that City Council adopt Resolution 2024-21, initiating proceedings to update Landscape Maintenance District No. 1 for Fiscal Year 2024/2025 in order to prepare the assessments of the area.
Recommendation: Staff recommends the City Council adopt Resolution 2024-22.
Recommendation: Staff recommends that the City Council adopt Resolution 2024-23.
Recommendation: Staff recommends that the City Council adopt Resolution 2024-24.
Recommendation: City staff recommends that the City Council adopt Resolution 2024-26.
Recommendation: City staff recommends that the City Council adopt Resolution 2024-28, renewing a contract with InfoSend with an initial 3-year term and two (2) consecutive (1) year term renewal options with InfoSend for data-processing, printing, and mailing services related to Utility Billing and community outreach.
Recommendation: Staff recommends that the City Council approve the proposed WSPP Agreement/Confirmation between the City of Banning and the City of Burbank, CA for the sale of project energy bundled with the associated Renewable Energy Credits (RECs), and authorize the City Manager to execute the WSPP Agreement/Confirmation on behalf of City Council.
Recommendation: Staff recommends that the City Council adopt Ordinance 1599.
Regular City Council Meeting Agenda
February 13, 2024
4 the Very High Density Residential Zone in Section 17.08.030 (Chapter 17.08, Articles I & Ii); And Amending Commercial Zoning Districts (Chapter 17.12, Articles I & II) by Adding New Permitted and Conditionally Permitted Uses to Table 17.12.020 of the City of Banning Municipal Code (BMC) Allowing Special Needs Housing As Required Pursuant to Programs Contained in the 6th Cycle Housing Element and State Housing Law; And Making a Determination of Exemption From the California Environmental Quality Act
8. REPORTS OF OFFICERS
8.1 Consideration and Introduction of Ordinance 1597, Establishing Regulations Governing the Possession of Catalytic Converters, and Amending Title 9 of the Banning Municipal Code
8.2 Consideration and Introduction of Ordinance 1598, Adding a New Chapter 1.32 to Title 1 of the Banning Municipal Code and Amending Other Sections of the Banning Municipal Code to Create and Implement a Comprehensive Cost Recovery Program for All Nuisance Abatement Actions, and Making a Determination of Exemption under CEQA pursuant to CEQA Guidelines 15060(c)(2)(3) and 15061(b)(3)
8.3 Consideration of Resolution 2024-01 SA, Approving the Establishment of Recognized Obligation Payment Schedule (ROPS) 24-25 A and B for the Period of July 2024 through June 2025 and Approving Certain Related Actions
8.4 Consider of Stagecoach Days Memorandum of Understanding (MOU)
8.5 Consideration of Resolution 2024-25, Creating a Community Revitalization Investment Authority to Operate within the Community, and Making Certain Findings and Taking Certain Actions in Connection Therewith, and Resolution 2024-02 SA, Making Certain Findings Relating to the City of Banning's Creation of a Community Revitalization Investment Authority Recommendation: Staff recommends that the City Council waive full reading and introduce, as read by title only, Ordinance 1600, An Ordinance of the City of Banning, California, Amending the High Density Residential (HDR) and Very High Density Residential (VHDR) zoning districts by amending the definitions in Sections 17.08.010.B.8 and 17.08.010.B.11 of the Banning Municipal Code (BMC); Adding new Permitted and Conditionally permitted uses for the VHDR zone in Section 17.08.020 BMC; Adding Residential development standards for the VHDR zone in Section 17.08.030 BMC; and Amending Commercial Zoning Districts by Adding new Permitted and Conditionally Permitted Uses to Section 17.12.020 BMC allowing special needs housing as required by Programs contained in the recently adopted 6th Cycle Housing Element; and make a determination that the project is exempt from the California Environmental Act (CEQA) pursuant to Section 15061(b)(3) because it can be seen with certainty there is no possibility these amendments may have a significant effect on the environment, and direct Staff to file a Notice of Exemption for the project.
Recommendation: A motion waiving full reading and introducing, as read by title only, Ordinance 1597, establishing regulations governing the possession of catalytic converters, and amending Title 9 of the Banning Municipal Code.
Recommendation: Waive full reading and introduce, as read by title only, Ordinance 1598.
An Ordinance of the City of Banning, California, Adding a New Chapter 1.32 to Title 1 of the Banning Municipal Code and Amending Other Sections of the Banning Municipal Code to Create and Implement a Comprehensive Cost Recovery Program for All Nuisance Abatement Actions.
Recommendation: Staff recommends that the Successor Agency adopt Resolution 2024-01 SA.
Recommendation: A motion to notify Stagecoach Days Association of the City's intent to extend the current MOU for one year with a termination date of June 21, 2025. A second motion directing the City Manager to work with the Stagecoach Days Association President to negotiate a new MOU that will be effective June 22, 2025, upon City Council approval.
Regular City Council Meeting Agenda
February 13, 2024
5 to Operate within the Community
8.6 Consideration and Adoption of Resolution 2024-27, A Resolution of the City Council of the City of Banning, California, Authorizing a Waiver of Fees in an Amount Not to Exceed $20,000 for Habitat-for-Humanity of the San Gorgonio Pass, Associated with the Processing of a Tentative Parcel Map (TPM) on Three Parcels Located at the Southwest Corner of W. Wilson Street and N. 8th Street in the City of Banning (APNs: 540-033-045, -046, and -047)
9. DISCUSSION ITEMS
9.1 Discussion of Policy to Prohibit Use of Personal Cell Phones on Dais During Meetings
9.2 Discuss Adding a City of Banning Identifier to the San Gorgonio Avenue Overpass
10. ITEMS FOR FUTURE AGENDAS
11. ADJOURNMENT
Recommendation: 1) That the Successor Agency adopt Resolution 2024-02 SA; and 2) That the City Council adopt Resolution 2024-25.
Recommendation: City staff recommends that the City Council adopt Resolution 2024-27.
Recommendation: A motion directing the City Manager to prepare a policy prohibiting the use of personal cell phones on the dais during public meetings.
Recommendation: Discuss adding a City of Banning identifier to the San Gorgonio Avenue Overpass and provide direction to staff.
10.1. NEW ITEMS
10.2. EXISTING ITEMS
1. Grow Banning (Sanchez)
2. Potential Grants to Fund Playhouse Bowl Improvements (Sanchez)
3. Food Desert Zoning Overlay (Minjares)
4. Beautification of San Gorgonio Overpass Funding (Gonzales)
5. Scope and Duties of the Budget and Finance Committee (Wallace)
6. Neighborhood Groups/Identities (Minjares)
7. Update on Community Garden (Flynn)
8. Public Notification Policy for Development Projects (Flynn)
9. Donation Policy (Flynn)
10. Zencity Contract (Flynn)
11. Cannabis Ordinance/Moratorium (Flynn)
12. Use of Personal Cell Phones on Dais (Flynn)
13. Zoom Options for Public Meetings (Flynn)
14. Ring of Honor Committee (Minjares)
Next Regular Meeting – February 27, 2024
AFFIDAVIT • DECLARACIÓN JURADA
IT IS HEREBY CERTIFIED under the laws of the State of California that the above agenda was posted on the City's website (www.banningca.gov) as well as the Bulletin Board at Banning City Hall, located at 99 E Ramsey Street, Banning, CA 92220, at least 72 hours in advance of the meeting.
__________________________
Caroline Patton, Administrative City Clerk
Regular City Council Meeting Agenda
February 13, 2024
6 Secretario adjunto de la ciudad
PUBLIC NOTICE • NOTICIA PÚBLICA
Meeting Agendas and Notices
Interested in receiving email and/or text notifications of upcoming City Council meetings? Sign up for meeting notifications through the City's website. Pursuant to amended Government Code §54957.5(b), staff reports and other public records related to open session agenda items are available on the City's website (www.banningca.gov/).
Public Comment
Agenda Items
Any member of the public may address this meeting of the City Council on any item appearing on the agenda. A five-minute limitation shall apply to each member of the public and no member of the public shall be permitted to share their time with any other person.
Non-Agenda Items
Any member of the public may address this meeting of the Council on any item which does not appear on the regular meeting agenda but is of interest to the general public and is an item upon which the Council may act. A three-minute limitation shall apply to each member of the public and no member shall be permitted to share their time with any other person. No action shall be taken, nor discussion held by the Council, on any item which does not appear on the agenda, unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of §54954.2 of the Government Code.
Special Assistance/Accessibility Requests
In compliance with the Americans with Disabilities Act, any member of the public may request that the agenda and agenda packet be mailed to them. If you need special assistance to participate in this meeting (such as translation services), please contact the City Clerk's Office. Advanced notification of at least 48 hours prior to the meeting will allow the city to make arrangements to ensure your accessibility.
¿Necesita servicios de traducción para participar? Contacto Oficina del Secretario de la Ciudad.
CONTACT • CONTACTO
City Clerk's Office | 951-922-3102 | [email protected] 99 East Ramsey Street, Banning, California 92220
Regular City Council Meeting Agenda
February 13, 2024
7 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk Ralph Wright, Parks and Recreation Director
MEETING DATE: February 13, 2024
SUBJECT: Proclamation for American Heart Month
RECOMMENDATION:
Proclaim February 2024 American Heart Month.
BACKGROUND:
February is American Heart Month.
JUSTIFICATION:
N/A
FISCAL IMPACT:
None
ALTERNATIVES:
N/A
ATTACHMENTS:
1. Proclamation - American Heart Month.pdf
8 City of Banning
OFFICE OF THE MAYOR
WHEREAS in the United States, cardiovascular disease, including heart disease, stroke and high blood pressure, is responsible for one out of every three deaths; and WHEREAS cardiovascular disease is the number one killer of both men and women, and it is the leading cause of serious illness and disability in the United States; and WHEREAS cardiovascular disease affects Americans across all backgrounds and nearly half of all adults have at least one risk factor and many of these individuals, who are at high risk, often do not know; and
WHEREAS in acknowledgement of the importance of the ongoing fight against cardiovascular disease, the Congress of the United States, by joint resolution on December 30, 1963, requested the President of the United States issue an annual proclamation designating February as “American Heart Month”; and
WHEREAS the National Heart, Lung and Blood Institute and other organizations around the country wear red on National Wear Red Day, celebrated on the first Friday in February to bring greater attention to heart disease as the leading cause of death for Americans; and WHEREAS the City of Banning understands the importance of education and outreach on the importance of combatting this disease; and
WHEREAS the City of Banning’s Parks and Recreation Department will be performing heart healthy outreach throughout the month of February 2024.
WHEREAS the parking lot lights in the Community Center will be lit up Red for the month of February as part of the Department’s outreach efforts.
NOW THEREFORE, the City Council of the City of Banning do hereby proclaim and designate the Month of February 2024, as
American Heart Month
BE IT PROCLAIMED this 13th day of February, 2024.
Alberto Sanchez, Mayor
9 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: February 13, 2024
SUBJECT: Proclamation for Black History Month
RECOMMENDATION:
Proclaim February 2024 Black History Month.
BACKGROUND:
February is Black History Month.
JUSTIFICATION:
N/A
FISCAL IMPACT:
None
ALTERNATIVES:
N/A
ATTACHMENTS:
1. Proclamation - Black History Month.pdf
10 City of Banning
OFFICE OF THE MAYOR
WHEREAS, the United States was established upon the profound but simple idea that all people are created equal and should be treated equally throughout their lives; and, WHEREAS, in 1926, Dr. Carter G. Woodson, a Harvard Scholar, established the observance of Black and African American History, to reveal the contributions, achievements, and involvement of Black and African American people in the development of our American democracy; and,
WHEREAS, Black and African Americans have made innumerable contributions that have enriched America and the lives of every American; and every American should acknowledge and express thankfulness for these contributions; and,
WHEREAS, throughout the arc of history to the present day, Black and African Americans have experienced and endured the inhumanity of injustices and inequities; and, WHEREAS, we must acknowledge and pay tribute to the generations of individuals who struggled with adversity, risked their lives for justice, fought a fight that at times seemed impossible to win, and continue to fight for equality; and, WHEREAS, Black and African Americans are engaged throughout our community as our friends and neighbors, scholars, teachers, business people, leaders, and contributors to our quality of life.
NOW THEREFORE, I, Alberto Sanchez, Mayor of the City of Banning, do hereby proclaim the month of February 2024 as
Black History Month
BE IT PROCLAIMED this 13th day of February, 2024.
Alberto Sanchez, Mayor
11 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk Art Vela, Director of Public Works
MEETING DATE: February 13, 2024
SUBJECT: Proclamation for National Engineers Week
RECOMMENDATION:
Proclaim February 18-24, 2024 Engineers Week.
BACKGROUND:
February 18-24, 2024 is National Engineers Week.
JUSTIFICATION:
N/A
FISCAL IMPACT:
None
ALTERNATIVES:
N/A
ATTACHMENTS:
1. Proclamation - Engineers Week.pdf
12 City of Banning
OFFICE OF THE MAYOR
WHEREAS, Engineers use their scientific and technical knowledge and skills in creative and innovative ways to fulfill society’s needs; and, WHEREAS, Engineers face the major technological challenges of our time – from rebuilding towns devastated by natural disaster, cleaning up the environment, and assuring safe, clean, and efficient sources of energy, to designing information systems that will speed our country into the future; and, WHEREAS, Engineers are encouraging our young math and science students to realize the practical power of their knowledge; and, WHEREAS, We will look more than ever to engineers and their knowledge and skills to meet the challenges of the twenty-first century; and, WHEREAS, Engineers within the City of Banning work to ensure the services expected by our citizens are met on a daily basis, to ensure they will continue to be met into the future, and to ensure Banning can meet future challenges.
NOW THEREFORE, I, Alberto Sanchez, Mayor of the City of Banning, do hereby proclaim the week of
February 18 - 24, 2024
National Engineers Week
BE IT PROCLAIMED this 13th day of February, 2024.
Alberto Sanchez, Mayor
13 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk Marisol Lopez, Economic Development Manager
MEETING DATE: February 13, 2024
SUBJECT: Quarterly Small Business Recognition - Donut De-Lite RECOMMENDATION:
Staff respectfully recommends City Council recognize Donut De-Lite, an exceptional small business within the City.
BACKGROUND:
Every quarter, the City recognizes one of its outstanding small businesses. The businesses get recognized at a City Council meeting and highlighted on the City's website and social media.
JUSTIFICATION:
California’s small businesses account for over 99% of total businesses in the state and employ more than 7 million people. Small businesses are crucial to the City's local economy.
FISCAL IMPACT:
None
ALTERNATIVES:
N/A
ATTACHMENTS:
1. Banning Small Business Recognition.pdf
14 City of Banning
PRESENTED TO
Donut De-Lite
This City of Banning recognizes Donut De-Lite for being an exceptional small business. The City Council thanks you for showing pride and commitment to enriching the Banning
community.
Presented on this 13th day of February, 2024
Alberto Sanchez, Mayor
15 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: February 13, 2024
SUBJECT: Approval of the Meeting Minutes for the January 9, 2024 City Council Meetings
RECOMMENDATION:
Approve the minutes of the January 9, 2024 City Council Meetings.
BACKGROUND:
After every meeting, the City Clerk's Office prepares meeting minutes. The City Council reviews and approves these minutes either as presented or with modifications.
JUSTIFICATION:
These minutes have been prepared as Action Minutes in accordance with City Council Resolution 1995- 21 and Government Code Sections 36814, 40801, and 54953(c)(2).
FISCAL IMPACT:
None
ALTERNATIVES:
1. Approve as recommended.
2. Approve with modifications.
ATTACHMENTS:
1. 2024 01 09 Minutes Special Meeting Workshop.pdf
2. 2024 01 09 Minutes Regular Meeting Revised.pdf
16 The following information comprises the minutes for a special meeting of the City Council, a joint meeting of the Banning City Council and Banning Utility Authority and a joint meeting of the Banning City Council and the Banning City Council sitting in its capacity as the Successor Agency Board.
MINUTES 1/9/2024
CITY COUNCIL SPECIAL MEETING
COUNCIL MEMBERS PRESENT: Mayor Pro Tem Rick Minjares
Mayor Alberto Sanchez
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: Council Member Sheri Flynn
OTHERS PRESENT: Doug Schulze, City Manager
Serita Young, City Attorney
Marie Calderon, City Clerk
Caroline Patton, Administrative City Clerk
Art Vela, Director of Public Works
Nate Smith, Deputy Director of Public Works
1. CALL TO ORDER
Mayor Sanchez called the special meeting to order at 4:00 p.m.
1.1 Roll Call
COUNCIL MEMBER PRESENT: ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
2. PUBLIC COMMENT – Agenda Items
None
3. WORKSHOP
3.1. Consideration of the Downtown Revitalization and Complete Streets Plan, Prepared by Alta Planning + Design, Inc., as a Set of Policies and Design Guidelines for the Downtown Area
Nate Smith, Deputy Director of Public Works, presented the staff report.
Tim Bevins, Consultant, presented to City Council.
4. ADJOURNMENT
17 Special Meeting Minutes 1/9/2024 Page 2 of 2
The Special City Council meeting adjourned at 4:41 p.m.
Minutes Prepared by:
Caroline Patton, Administrative City Clerk
These minutes have been prepared as Action Minutes in accordance with City Council Resolution 1995-21 and Government Code Sections 36814, 40801, and 54953(c)(2).
This entire meeting and all associated documents may be viewed here:
http://banning.ca.us/755/Agendas-and-Minutes---2024-to-Present ATTACHMENTS:
Exhibit A – Agenda Item 3.1: Staff Presentation
18 Banning Downtown Revitalization
and Complete Streets Plan
City Council
City of Banning | 1/9/2023
PROJECT BACKGROUND
Banning Downtown Revitalization and Complete Streets Plan 19 VISION
Expand and improve circulation, options, and safety for all travel modes Incorporate streetscape and public realm enhancements Establish a framework for attracting new investment and redevelopment Develop a community-supported vision and a path to get there
BENEFITS
RESIDENTS
RICH EXPERIENCES
A PLACE TO GO + NEW AMENITIES
BUSINESS OWNERS
LOCAL MARKET
NEW CUSTOMERS
CITY
EXPANDED TAX BASE
ECONOMIC SUSTAINABILITY
REGION
I-10 AMENITIES
MOUNTAIN / DESERT PORTAL
20 STUDY AREA
The project corridor runs approximately a half-mile, between 8th Street to the west and Martin Street to the East, along Ramsey Street, Hays Street, and Livingston Street.
PRECEDENT IMAGERY | DOWNTOWNS
21 PRECEDENT IMAGERY | COMPLETE STREETS
EXISTING CONDITIONS
Banning Downtown Revitalization and Complete Streets Plan 22 EXISTING CONDITIONS | BASE MAPPING
CENTRAL
ELEM.
SCHOOL
NICOLET MIDDLE
SCHOOL
NICOLET MIDDLE
SCHOOL
CENTRAL
ELEM.
SCHOOL
EXISTING CONDITIONS | OPPORTUNITIES & CONSTRAINTS
23 EXISTING CONDITIONS | URBAN REALM
EXISTING CONDITIONS | MARKET ANALYSIS
24 CONCEPTUAL DESIGNS
Public Realm, Mobility, and Land Use
Banning Downtown Revitalization and Complete Streets Plan
CONCEPTUAL APPROACHES
25 PUBLIC REALM | CONCEPTS
MOBILITY| CONCEPTS
26 LAND USE | CONCEPTS
COMMUNITY INPUT
Banning Downtown Revitalization and Complete Streets Plan 27 COMMUNITY INPUT | OUTREACH
Community Events
Downtown Businesses
Flyers
School Pickups
Stakeholder Advisory Group
Surveys
Walk Audits
Website
Workshops
bit.ly/banningcompletestreets
COMMUNITY INPUT | WORKSHOPS
28 Pedestrian
Lighting
Safer
Crossings
Wider
Sidewalks
COMMUNITY INPUT | WALKING/BIKING/ROLLING DOWNTOWN
What would make you feel more comfortable or safer walking, biking, rolling, or taking transit downtown? COMMUNITY INPUT | STREETSCAPE
Shade Green
Landscaping
Lighting Outdoor
Dining
Which of the following streetscape amenities would you like to see in downtown Banning? 29 COMMUNITY INPUT | BUSINESSES
Are there any services or types of businesses you want to see in Downtown Banning? Restaurants
and Cafes
Retail Shops Grocery
Stores
COMMUNITY INPUT | PARKING
61%
33%
6%
Yes No Other (please specify)
Generally, would you be willing to lose parking space options in downtown Banning if it meant walking and biking facilities were improved? 30 The Spark
Restoring Downtown as the Heart of the Community
Banning Downtown Revitalization and Complete Streets Plan THE SPARK | KEY DESIGN MOVES
31 THE SPARK | CIRCULATION
THE SPARK | FULL CONCEPT PLAN
32 THE SPARK | LOOK AND FEEL
THE SPARK | LOOK AND FEEL
33 THE SPARK | AREAS OF FOCUS
1. Ramsey + 1st
2. Civic Center
3. South East Lot
4. City Park
5. Shopping Center
THE SPARK | RAMSEY STREET
34 THE SPARK | RAMSEY STREET - PRECEDENT IMAGERY
THE SPARK | FIRST STREET
35 THE SPARK | FIRST STREET - PRECEDENT IMAGERY
THE SPARK | FIRST + RAMSEY CONCEPTUAL VISION
36 THE SPARK | ALLEYS
THE SPARK | ALLEYS PRECEDENT IMAGERY
37 THE SPARK | ALLEYS CONCEPTUAL VISION
THE SPARK | ALLEYS CONCEPTUAL VISION
38 THE SPARK | CIVIC CENTER
THE SPARK | CIVIC CENTER PRECEDENT IMAGERY
39 THE SPARK | CIVIC CENTER CONCEPTUAL VISION
THE SPARK | SOUTH EAST LOT
40 THE SPARK | SOUTH EAST LOT PRECEDENT IMAGERY
THE SPARK | CITY PARK
41 THE SPARK | SHOPPING CENTER
THE SPARK | SHOPPING CENTER PRECEDENT IMAGERY
42 THE SPARK | SHOPPING CENTER CONCEPTUAL VISION
THE SPARK | SCAG GO HUMAN DEMONSTRATIONS
43 THE SPARK | SCAG GO HUMAN DEMONSTRATIONS
FIRST AND RAMSEY
THE SPARK | SCAG GO HUMAN DEMONSTRATIONS
ALLEY AND RAMSEY
44 THE SPARK| OPPORTUNITY SITES CIVIC CENTER
THE SPARK| DEVELOPMENT SCENARIOS SOUTH EAST LOT
45 THE SPARK| DEVELOPMENT SCENARIOS SHOPPING CENTER
THE SPARK | IMPLEMENTATION PROJECT PRIORITIZATION
46 THE SPARK | IMPLEMENTATION GRANTS AND FUNDING
THE SPARK | IMPLEMENTATION GRANTS AND FUNDING
47 Thank you!
Tim Bevins
Alta Planning + Design
[email protected]
48 The following information comprises the minutes for a regular meeting of the City Council, a joint meeting of the Banning City Council and Banning Utility Authority and a joint meeting of the Banning City Council and the Banning City Council sitting in its capacity as the Successor Agency Board.
MINUTES 1/9/2024
CITY COUNCIL REGULAR MEETING
COUNCIL MEMBERS PRESENT: Council Member Sheri Flynn*
Mayor Pro Tem Rick Minjares
Mayor Alberto Sanchez
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Doug Schulze, City Manager
Serita Young, City Attorney
Marie Calderon, City Clerk
Caroline Patton, Administrative City Clerk
John Garside, Multimedia Specialist
Art Vela, Director of Public Works
Lincoln Bogard, Administrative Services Director
Adam Rush, Community Development Director
*Left the meeting at 12:16 a.m.
1. CALL TO ORDER
Mayor Sanchez called the regular meeting to order at 5:03 p.m.
1.1. Invocation – Pastor Nate Rodriguez of Infinite Center led the invocation.
1.2. Pledge of Allegiance – Council Member Flynn led the Pledge of Allegiance.
1.3. Roll Call
COUNCIL MEMBER PRESENT ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
2. AGENDA APPROVAL
2.1. Approve Agenda
Motion to approve the agenda, removing item 8.5.
Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares
49 Regular Meeting Minutes 1/9/2024 Page 2 of 14
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 4-0.
Motion to reconsider the action on the agenda.
Motion by Mayor Sanchez
Seconded by Council Member Flynn
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 3-1.
Motion to approve the agenda, removing item 8.5, and moving item 9.2 to after the Public Hearings (7.3).
Seconded by Mayor Sanchez
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 4-0.
3. PRESENTATIONS
None
4. REPORT ON CLOSED SESSION
There was no report as there was no closed session.
5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, CITY COUNCIL
COMMITTEE REPORTS, CITY MANAGER REPORT, AND CITY ATTORNEY REPORT
5.1. PUBLIC COMMENTS
The following individuals addressed City Council during Public Comment:
• Frank Burgess
• Jean Dobson
• Kathleen Samoline
50 Regular Meeting Minutes 1/9/2024 Page 3 of 14
• Inge Schuler
• Tiana Lee
• Bill Hobbs
• Steven Mayo
• Amy Pippenger
• Diego Rose
• Virginia Cervantes
5.2. CORRESPONDENCE
16 Items of correspondence were received regarding Agenda Item 9.2.
5.3. APPOINTMENTS
5.3.1. City Council Committee Assignments for 2024
Motion to approve the City Council Committee Assignments for 2024.
Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 4-0.
5.3.2. Appoint Two City Council Members to an Ad-Hoc Committee to Review and Recommend 2024-2029 5 Year Consolidated Plan
Motion to approve appointing Mayor Pro Tem Minjares and Council Member Flynn to the Ad-Hoc Committee for the CDBG 5-Year Consolidated Plan.
Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 4-0.
5.4. CITY COUNCIL COMMITTEE REPORTS
Council Member Wallace reported on a meeting with the League of California Cities (CalCities), Regional Conservation Authority (RCA), and the Southern California Association of Governments (SCAG).
51 Regular Meeting Minutes 1/9/2024 Page 4 of 14
Mayor Pro Tem Minjares reported on a Stagecoach Days Ad-Hoc Committee meeting as well as several State Assembly bills.
Council Member Flynn reported on the opening of PetSmart.
5.5. CITY MANAGER REPORT
City Manager Schulze reported on a free community clean-up event on Saturday, January 20th at Dysart Park, the Banning Youth Council application deadline extension, and provided an update on the 150 E. Ramsey Street site.
5.6. CITY ATTORNEY REPORT
City Attorney Young had no report.
5.7. CITY TREASURER REPORT
Treasurer Geronimo reported on the next Budget and Finance Committee meeting.
6. CONSENT AGENDA
6.1 Approval of the Meeting Minutes for the December 12, 2023 City Council Meetings
6.2 Accounts Payable and Payroll Warrants Issued in the Month of November 30, 2023
6.3 Receive and File Cash, Investments and Reserve Report for the Month of November 2023
6.4 Receive and File Police Department Statistics for the Month of November 2023
6.5 Receive and File Fire Protection Services Statistics for the Month of November 2023
6.6 Public Works Capital Improvement Project Tracking List
6.7 Receive and File Code Enforcement Update and Statistics for the Month of September and October 2023
6.8 Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports
6.9 Consideration of Resolution 2024-01 UA, Authorizing the Purchase of a 2025 Ford F750 Regular Cab Chassis with a 2,000 Gallon Water Tank for a Total Cost of $180,593.96
6.10 Consideration of Resolution 2024-02 UA, Approving an Agreement for Three Years with Cla-Val in the Amount of a $361,259 for the Maintenance and Repairs of the City’s Cla-Val Water Valves
6.11 Consideration of Resolution 2024-03, Approval of the Synergy Professional Services Agreement for Energy Efficiency Programs through a Task Order with the Southern California Public Power Authority (SCPPA)
6.12 Consideration of Resolution 2024-04, Adopting the Downtown Revitalization and Complete Streets Plan, Prepared by Alta Planning + Design, Inc., as a Set of Policies and Design Guidelines for the Downtown Area
6.13 Consideration of Resolution 2024-06, Approval of Itron Software-as-a-Service Product
6.14 Consideration of Resolution 2024 -07, Consolidating Agreements Under Public Works Department for Fire and Intrusion Alarm Monitoring, Maintenance and Repair Services in the Amount of $107,100 for a 5-Year Term and Terminate Existing Duplicate Monitoring Services Agreements
52 Regular Meeting Minutes 1/9/2024 Page 5 of 14
6.15 Consideration of Resolution 2024-08, Approving Amendment No. 1 to the Professional Services Agreement with Engineering Resources of Southern California for an Additional $450,000 for Plan Check, Inspections and Related Administrative Services
6.16 Consideration of Resolution 2024-10, Approving an Order Form and Terms and Conditions with Streamlink Software, Inc., dba AmpliFund, for a Software-as-aService Grant Management Platform
6.17 Consideration of Resolution 2024-11, Authorizing the City Manager to Enter into Lease Agreements with Haskell Real Estate for Homeless Transitional Housing Public Comment
• Frank Burgess
Motion to adopt consent agenda items 6.1 to 6.8, 6.10 to 6.12, 6.14 to 6.16.
Motion by Mayor Pro Tem Minjares
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 4-0.
6.9. Consideration of Resolution 2024-01 UA, Authorizing the Purchase of a 2025 Ford F750 Regular Cab Chassis with a 2,000 Gallon Water Tank for a Total Cost of $180,593.96
Mayor Sanchez announced a recess at 6:16 p.m. The meeting was reconvened at 6:31 p.m.
Public Comment
• Pamela Ann Nichols
• Diego Rose
• Charles Huff
• Cindy Barrington
Motion to adopt Resolution 2024-01 UA.
Motion by Mayor Sanchez
Seconded by Mayor Pro Tem Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
53 Regular Meeting Minutes 1/9/2024 Page 6 of 14
Motion approved by a vote of 3-1.
6.13. Consideration of Resolution 2024-06, Approval of Itron Software-as-a-Service Product
Public Comment
None
Motion to adopt Resolution 2024-06.
Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 3-1.
6.17. Consideration of Resolution 2024-11, Authorizing the City Manager to Enter into Lease Agreements with Haskell Real Estate for Homeless Transitional Housing Public Comment
• Diego Rose
• Jeffrey Platt
• Deana Chavez
• Richard Royce
• Virginia Cervantes
• Kim Ybarra
Motion to adopt Resolution 2024-11.
Motion by Mayor Pro Tem Minjares
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 3-1.
7. PUBLIC HEARING(S)
7.1. Consideration of Resolution 2024-05, Vacating Malki Road between Martin Road and Sullivan Road
54 Regular Meeting Minutes 1/9/2024 Page 7 of 14
Art Vela, Director of Public Works, presented the staff report.
Public Comment
• Frank Burgess
Motion to adopt Resolution 2024-05.
Motion by Mayor Pro Tem Minjares
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 4-0.
7.2. Consideration of Resolution 2024-12, Making a Determination that a Negative Declaration was Adopted for the Project and no Subsequent Environmental Document Shall Be Prepared, Approval of General Plan Amendment (GPA) 23-2502, and Approval of the 6th Cycle RHINA Housing Element Update Adam Rush, Community Development Director, presented the staff report.
Public Comment
• Diego Rose
• Richard Royce
• Charles Huff
Motion to adopt Resolution 2024-12.
Motion by Mayor Sanchez
Seconded by Council Member Flynn
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 4-0.
7.3. Consideration of Resolution 2024-14, Approval of Cost of Services Study and the Proposed Amendment to the City of Banning City-wide Master User Fee Schedule for the following City Departments and Fee Groups: Fire Adam Rush, Community Development Director, presented the staff report.
Public Comment
55 Regular Meeting Minutes 1/9/2024 Page 8 of 14
• Diego Rose
• Jeffrey Platt
• Richard Royce
• Frank Burgess
• Laura Leindecker
Motion to waive full reading and introduce, by title only, Ordinance 1599.
Motion by Council Member Wallace
Seconded by Mayor Sanchez
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 4-0.
Motion to adopt Resolution 2024-14, with the suggested revision to Exhibit A.
Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 4-0.
Mayor Sanchez announced a recess at 8:52 p.m. The meeting was reconvened at 9:09 p.m.
9.2. Animal Shelter and Animal Control Services
Doug Schulze, City Manager, presented the staff report.
Public Comment
• Marlena Barba
• Kathy Martin
• Jeffrey Platt
• Jennifer Neal
• Elisabeth Barnhart
• Rebecca Christensen
• Charles Huff
• Janine Nielsen
• Lisa Hemphill
• Laura Leindecker
56 Regular Meeting Minutes 1/9/2024 Page 9 of 14
• Lincoln Bogard
• Kathy Aranda
• Deana Chavez
• Sarah Richards
• Robert Ybarra
• Virginia Cervantes
• Kim Ybarra
• Bradley Barnhart
• Miranda
• Frank Connolly
• Diego Rose
• Frank Burgess
• Sasha
• Cindy Barrington
Motion to direct the City Manager to provide A.R.E. Animal Rescue with termination notice to be effective June 30, 2024 and the creation of an Ad-Hoc Committee to discuss solutions.
Motion by Mayor Sanchez
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 3-1.
Motion to appoint Mayor Pro Tem Minjares and Council Member Flynn to the AdHoc Committee on options for the Animal Shelter.
Motion by Mayor Sanchez
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 4-0.
Motion to continue the meeting past 10:00 p.m.
Motion by Mayor Sanchez
Seconded by Council Member Wallace
57 Regular Meeting Minutes 1/9/2024 Page 10 of 14
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 4-0.
Mayor Sanchez announced a recess at 11:34 p.m. The meeting was reconvened at 11:50 p.m.
8. REPORTS OF OFFICERS
8.1. Consideration of Resolution 2024-01 and Resolution 2024-02, Calling a Special Election and Presenting Other Viable Options to Fill the District 4 Vacancy on the City Council
Caroline Patton, Administrative City Clerk, presented the staff report. Serita Young, City Attorney, provided additional information to the City Council.
Public Comment
• Diego Rose
• Donald Bradshaw
• Richard Royce
• Jeffrey Platt
Motion to fill the District 4 vacancy via an appointment until the November 5, 2024 election in a manner similar to that done previously.
Motion by Mayor Sanchez
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 3-1.
Council Member Flynn left the meeting at 12:16 a.m.
Motion to continue the meeting past 12:00 p.m.
Motion by Council Member Wallace
Seconded by Mayor Sanchez
58 Regular Meeting Minutes 1/9/2024 Page 11 of 14
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 3-0, with 1 absence.
8.2. Consideration and Introduction of Ordinance 1597, An Ordinance of the City of Banning, California, Establishing Regulations Governing the Possession of Catalytic Converters, and Amending Title 9 of the Banning Municipal Code Motion to continue this item to the next regular meeting.
Motion by Mayor Sanchez
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 3-0, with 1 absence.
8.3. Consideration of Resolution 2024-09, Approving a Three (3) Year Master Services Agreement with IGM Technology Corp. for Software Services Platform Modules (SaaS): IGM Gravity Budgeting, Reporting, Transparency, Business Intelligence, Annual Comprehensive Financial Report, Popular Annual Financial Report, Monthly/Quarterly Reporting, ADA Compliance, and Pension and Other Post Employment Benefits Disclosures with a Not-To- Exceed Amount of $170,558 After a $30,000 Discount
Lincoln Bogard, Administrative Services Director, presented the staff report.
Public Comment
None
Motion to adopt Resolution 2024-09.
Motion by Mayor Sanchez
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 3-0, with 1 absence.
59 Regular Meeting Minutes 1/9/2024 Page 12 of 14
8.4. Consideration of Payment to GHJ Advisors for an Additional $53,000 for Phase 2 and Newly Requested Phase 3 Forensic Investigation Services into the Electric Enterprise for a Total Not-to-Exceed Amount of $153,000 Lincoln Bogard, Administrative Services Director, presented the staff report.
Public Comment
None
Motion to approve payment to GHJ Advisors for an additional $53,000 for Phase 2 and newly requested Phase 3 Forensic Investigation Services into the Electric Enterprise for a total not-to-exceed amount of $153,000.
Motion by Council Member Wallace
Seconded by Mayor Sanchez
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 3-0, with 1 absence.
8.5. Consideration of Resolution 2024-15, Issuing a Waiver of Development Review Fees, requested by Habitat for Humanity, for a Tentative Parcel Merger/Lot Line Adjustment (TPM/LLA) on three parcels located at the southwest corner of 8th Street and Wilson St., in the City of Banning, CA
Pulled under Agenda Item 2.1.
8.6. Consideration of Modifying the City of Banning's Public Hearing Notice Requirements for Development Applications
Motion to continue this item to the next regular meeting.
Motion by Mayor Sanchez
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 3-0, with 1 absence.
8.7. Consideration and Introduction of Ordinance 1598, Adding a New Chapter 1.32 to Title 1 of the Banning Municipal Code and Amending Other Sections of the Banning Municipal Code to Create and Implement a Comprehensive Cost Recovery Program 60 Regular Meeting Minutes 1/9/2024 Page 13 of 14
for All Nuisance Abatement Actions, and Making a Determination of Exemption under CEQA
Motion to continue this item to the next regular meeting.
Motion by Mayor Sanchez
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 3-0, with 1 absence.
9. DISCUSION ITEM(S)
9.1. Discussion of Policy to Prohibit Use of Personal Cell Phones on Dais During Meetings
Motion to continue this item to the next regular meeting.
Motion by Mayor Sanchez
Seconded by Mayor Pro Tem Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 3-0, with 1 absence.
9.2. Animal Shelter and Animal Control Services
Reordered under Agenda Item 2.1 to come after Public Hearings and before Reports of Officers. See above.
9.3. Discuss Adding a City of Banning Identifier to the San Gorgonio Avenue Overpass Motion to continue this item to the next regular meeting.
Motion by Mayor Sanchez
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
61 Regular Meeting Minutes 1/9/2024 Page 14 of 14
Motion approved by a vote of 3-0, with 1 absence.
10. ITEMS FOR FUTURE AGENDAS
10.1. New Items
1. Ring of Honor Committee (Minjares)
10.2. Pending Items:
1. Grow Banning (Sanchez)
2. Potential Grants to Fund Playhouse Bowl Improvements (Sanchez)
3. Food Desert Zoning Overlay (Minjares)
4. Beautification of San Gorgonio Overpass Funding (Gonzales)
5. Scope and Duties of the Budget and Finance Committee (Wallace)
6. Neighborhood Groups/Identities (Minjares)
7. Update on Community Garden (Flynn)
8. Public Notification Policy for Development Projects (Flynn)
9. Donation Policy (Flynn)
10. Zencity Contract (Flynn)
11. Comments Section on Agenda for Council Members (Flynn)
12. Cannabis Ordinance/Moratorium (Flynn)
13. Use of Personal Cell Phones on Dais (Flynn)
14. Zoom Options for Public Meetings (Flynn)
11. ADJOURNMENT
The meeting was adjourned at 12:43 a.m.
Minutes Prepared by:
Caroline Patton, Administrative City Clerk
These minutes have been prepared as Action Minutes in accordance with City Council Resolution 1995-21 and Government Code Sections 36814, 40801, and 54953(c)(2).
This entire meeting and all associated documents may be viewed here:
http://banning.ca.us/755/Agendas-and-Minutes---2024-to-Present ATTACHMENTS:
Exhibit A – Agenda Item 7.1: Staff Presentation
Exhibit B – Agenda Item 7.2: Staff Presentation
Exhibit C – Agenda Item 7.3: Staff Presentation
Exhibit D – Agenda Item 9.2: Public Comment Received
Exhibit E – Agenda Item 8.3: Staff Presentation
62 RESOLUTION 2024-05
Vacating Malki Road Between Martin Road and Sullivan Road Background
On February 10, 2011, Lloyd Fields filed a complaint in the Superior Court of the State of California related to access to property that was privately held by Mr. Fields where access was blocked by the Morongo Band of Mission Indians.
Mr. Fields complaint was resolved in a settlement agreement between Mr.
Fields and City of Banning.
Included act of Congress that allowed exchange of lands between MBMI and Mr. Fields.
City obligated to vacate the section of Malki Road.
63 Background
Planning Commission reviewed the roadway vacation at a public hearing on September 6, 2023.
Found that the roadway vacation is consistent with the Citys General Plan, is unnecessary for present or prospective public right-of-way purposes, and approved Planning Commission Resolution 2023-17 adopting these findings.
City Council set the public hearing for this item at the December 12, 2023 meeting
Public Hearing notice was published in the Record Gazette on December 22, 2023 and December 29, 2023.
64 Recommendation
Adopt Resolution 2024-05, vacating Malki Road between Martin Road and Sullivan Road.
Approval of Resolution 2024-05, maintains the Citys compliance with the Settlement Agreement.
Thank You
65 6
th Cycle Housing Element Update
January 9, 2024
1 What is a Housing Element?
Housing Element is one of the required
elements of a General Plan.
Covers an 8-year planning period from June 30,
2023, to December 31, 2031.
Sites inventory with Zoning to meet Regional
Housing Needs Allocation (RHNA).
Polices and Programs.
Many Statutory Requirements Affirmatively
Furthering Fair Housing, HCD Review, Constraints,
etc.
01/09/2024 City of Banning 6th Cycle Housing Element Update 2 66 Content of the Housing Element
Policy and Programs Review
Housing Needs Assessment
Housing Constraints Assessment
Adequate Sites Inventory
City of Banning 6th Cycle Housing Element Update 3
Analysis of Fair Housing
Housing Resources Assessment
Implement Plan (Goals and
Policies)
01/09/2024
RHNA Breakdown by Income Category
01/09/2024 City of Banning 6th Cycle Housing Element Update 5 Income Category Income
Characteristics
(Area Median
Income = AMI)
Annual Income
Range
Number of
Units in 6th
Cycle RHNA
Extremely Low* 29% or less AMI $12,259 or less *
Very Low
Income*
30 50% AMI $12,682 $21,137 317*
Low Income* 51 80% AMI $21,560 $33,819 193
Moderate
Income
81 120% AMI $34,242 - $50,729 280
Above Moderate
Income
120%+ AMI $50,729 or more 883
Total 1,673
*Categories commonly combined to form
Lower Income category
Source: Department of HUD and Urban Development
(HUD) SCAG Pre-Certified Local Housing Data 2020
American Community Survey (2015-2019)
67 Achieving RHNA
Site selection is key to
accommodating growth
in residential
development:
Existing Vacant
Inventory
Planned and
approved units
(Pipeline Projects)
Rezone sites for higher
density
01/09/2024 City of Banning 6th Cycle Housing Element Update 6 Existing
Vacant
Residential
Land at
Suitable
Density
Credit for
Approved
or Built
Projects
Rezone to
HigherDensity
Land Use
Identifying Suitable Sites
01/09/2024 City of Banning 6th Cycle Housing Element Update 7 Inventory
of Sites
Do the sites
have
appropriate
zoning?
Are the sites
suitable for
development?
How much
development
capacity is
realistic?
68 Site Inventory
01/09/2024 City of Banning 6th Cycle Housing Element Update 8 Vacant Sites
Rezoned Sites per CC
Ordinance 1584 (9/13/22)
Underutilized Sites
Housing Element Update
Rezoned VHDR (9/13/22)
01/09/2024 City of Banning 6th Cycle Housing Element Update 9 69 Housing Element Update
Rezoned VHDR (9/13/22)
01/09/2024 City of Banning 6th Cycle Housing Element Update 10 Housing Element Update
Rezoned VHDR (9/13/22)
01/09/2024 City of Banning 6th Cycle Housing Element Update 11 70 Housing Element Update
Rezoned VHDR (9/13/22)
01/09/2024 City of Banning 6th Cycle Housing Element Update 12 Housing Element Update
Rezoned VHDR (9/13/22)
01/09/2024 City of Banning 6th Cycle Housing Element Update 13 71 Housing Element Update
Rezoned VHDR (9/13/22)
01/09/2024 City of Banning 6th Cycle Housing Element Update 14 Housing Element Update
Rezoned VHDR (9/13/22)
01/09/2024 City of Banning 6th Cycle Housing Element Update 15 72 Housing Element Update
Rezoned HDR (9/13/22)
01/09/2024 City of Banning 6th Cycle Housing Element Update 16 Housing Element Update
Rezoned HDR (9/13/22)
01/09/2024 City of Banning 6th Cycle Housing Element Update 17 73 Housing Element RHNA Appendix B Vacant Sites
01/09/2024 City of Banning 6th Cycle Housing Element Update 18 es
Housing Element Update Pipeline Projects
Newly Proposed/Approved Projects
01/09/2024 City of Banning 6th Cycle Housing Element Update 19 Proposed Habitat for
Humanity 4 Lot
Subdivision
Approved Crestwood
Communities
Canterbury (19 Lots)
Approved Crestwood
Communities
Banning 56
Approved
WJK Development
196 Duplex Units w/
9 VLI Units
Approved Downtown
Commercial MixedUse Zoning
Amendment
Proposed KB Home
143 Lot Subdivision
74 Housing Element RHNA 100% Met w/Rezone
01/09/2024 City of Banning 6th Cycle Housing Element Update 20 Housing Element Update
Examples of Density Configurations
01/09/2024 City of Banning 6th Cycle Housing Element Update 21 25 units per acre 43 units per acre
75 Housing Element Update
Other Ways that Banning Will
Support Housing Development
Reduce constraints to
housing development.
Respond to new legislation.
Programs and policies to
enhance housing
opportunities, especially for
special needs populations.
01/09/2024 City of Banning 6th Cycle Housing Element Update 22 Respond to
New Housing
Legislation
Reduce
Constraints
Programs
and
Policies
Housing Element Update
New Programs
01/09/2024 City of Banning 6th Cycle Housing Element Update 23 Affirmatively
Furthering Fair
Housing
Sites Monitoring
(No Net Loss)
Supportive Housing
Zoning Updates
Accessory Dwelling
Unit Zoning Updates
Emergency Housing
/ Transitional
Housing Zoning
Updates
Zoning Text
Amendment for
VHDR Density
Increase
76 Housing Element Update ZTAs Required
Program 4: Amend Density threshold for VHDR from 19-24 to 24-30 du/ac.
Program 5: Per CGC 65583, allow housing developments by right when a minimum of 20% of units are affordable.
Program 6: Offer incentives for lot consolidation for affordable housing projects
Program 8: Allow supportive housing by right in MF and MU zones Permit Group Homes in all residential zones with similar approval authority as Residential Care Facilities
01/09/2024 City of Banning 6th Cycle Housing Element Update 24 24-30 du/ac
Housing Element Update ZTAs Required (cont.)
Program 8: Change parking requirements for supportive housing within ½ mile of a transit stop.
Program 9: Allow emergency shelters by right in Public Facilities zone.
Revise parking requirements for emergency shelters.
Per AB 101, allow residential care facilities by right in MU and non-residential zones allowing mixed use.
Per AB 2162, allow transitional housing and supporting housing by right in residential zones.
01/09/2024 City of Banning 6th Cycle Housing Element Update 25 t.)
77 Housing Element Update ZTAs Required (cont.)
Program 9: Allow farmworker housing in RA and RA-H zones by right.
Ensure BMC is updated pursuant to latest ADU laws.
Remove any text viewed as a constraint to the development of residential care facilities.
Remove reasonable accommodation findings related to
character and sensitivity of neighborhoods.
Program 10: Remove constraints on a variety of special needs housing types to enhance the feasibility of affordable housing projects. 01/09/2024 City of Banning 6th Cycle Housing Element Update 26 t.)
Housing Element Update ZTAs Required (cont.)
Program 10: Remove 2-acre minimum lot size for MFR development in MDR zones.
Program 12: Adopt design standards for multi-family and mixed-use projects.
Program 17: Integrate changes in State Density Bonus housing law, including requirements under AB 2345.
Program 19: Consider rezoning nonvacant and underutilized properties for alternative housing sites
Evaluate fee structure for shared/micro units based on size Encourage innovative housing types to serve special needs 01/09/2024 City of Banning 6th Cycle Housing Element Update 27 t.)
78 Housing Element Update ZTAs Required (cont.)
Program 26: Amend BMC to incorporate information on SB9/10 lot splits including development standards. Information to be made available on website.
Program 27: Periodically amend BMC to incorporate/integrate additional and/or new legislation changes to State Housing Laws
01/09/2024 City of Banning 6th Cycle Housing Element Update 28 t.)
Timeline
01/09/2024 City of Banning 6th Cycle Housing Element Update 29 City Council
Adopts Housing
Element
November 2021
Submit Housing
Element to HCD
for Certification
December 2021
HCD Sends
Letter to City
Requesting
Revisions
February 8,
2022
City Sends
Revised HE to
HCD for
Informal
Review
January 2023
Community
Engagement /
Workshops
August /
October 2023
HCD sends
Additional
Comments on
Draft HE
May 2023
Planning
Commission
Recommends
Readoption of
Housing
Element
December 6,
2023
City Council
Hearing to
ReAdopt
Housing
Element
January 2024
ReSubmit
Housing
Element to HCD
for Certification
January 2024
79 Remaining Items to Achieve Certification
01/09/2024 City of Banning 6th Cycle Housing Element Update 30 Complete a Zoning Text Amendment (ZTA) modifying Title 17 (Zoning) of the Banning Municipal Code to create Development Standards for the VLDR Zone (must be completed within HCD 60-day review period) Scheduled for Planning Commission review January 10, 2024 Post-Readoption, the Final Draft 6th Cycle Housing Element must be placed on the Citys Website for a minimum of seven days to solicit public review and comment prior to submittal to HCD for Certification Review (CA Gov. Code Section 65585(b)(1))
CEQA Determination
01/09/2024 City of Banning 6th Cycle Housing Element Update 31 Pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, an Initial Study/Negative Declaration (IS/ND) was prepared to evaluate the environmental impacts of the Housing Element and related General Plan Amendment. The results of the Initial Study found there are no significant impacts to the environment and the Negative Declaration was adopted by the City Council in November 2021. Subject to Section 16162 (Subsequent EIRs and Negative Declarations) of the CEQA Guidelines, no further analysis is required.
Staff has prepared and will file a Notice of Determination pursuant to Section 15075 of the California Environmental Quality Act and CEQA Guidelines within 5 working days of the Citys approval of the project.
80 Public Communication
01/09/2024 City of Banning 6th Cycle Housing Element Update 32 The proposed update of the 6th Cycle Housing Element was advertised in the Record Gazette newspaper, December 29, 2023. As of the date of this report, staff has not received any written comments in favor of or opposed to the project.
Fiscal Impact
01/09/2024 City of Banning 6th Cycle Housing Element Update 33 The Project is within the confines of the budget for the amended consultant contract.
There is no anticipated fiscal impact if HCD certifies the readopted 6th Cycle Housing Element.
81 Recommended Action
01/09/2024 City of Banning 6th Cycle Housing Element Update 34 Adopt Resolution 2024-12, making findings that the Project is consistent with a previously adopted Negative Declaration and pursuant to Section 15162 of the California Environmental Quality Act, no further action is required; and approve General Plan Amendment 23-2502, readopting the 6th Cycle Housing Element Update for the 2021-2029 planning period.
Alternative Actions
01/09/2024 City of Banning 6th Cycle Housing Element Update 35 The City Council may take any of the following actions:
1. The City Council may vote to readopt the 6th Cycle Housing Element and submit to HCD for Certification Review.
2. The City Council may revise the 6th Cycle Housing Element and direct staff to make the changes and submit to HCD for Certification Review.
3. The City Council may reject the 6th Cycle Housing Element and refer the item to the Planning Commission for additional recommendations as directed. Exercising this option could expose the City to non-compliance financial sanctions by HCD and other Federal, State and local jurisdictions.
82 Thank you for
your time!
Adam Rush: [email protected]
Emery Papp: [email protected]
City of Banning Community Development
Rincon Consultants, Inc.
01/09/2024 City of Banning 6th Cycle Housing Element Update 36 Discussion Items
Overview of the Housing Element, RHNA, &
Applicable State Law
Sites Inventory
Affirmatively Furthering Fair Housing
Requirements
Certification Timeline and Next Steps
01/09/2023 City of Banning 6th Cycle Housing Element Update 37 83 Housing Element Objectives
01/09/2024 City of Banning 6th Cycle Housing Element Update 38 Provide planning to accommodate housing for all socio-economic segments Affordable housing opportunities for all current and future residents Remove unreasonable governmental barriers to housing development Preserve and improve existing affordable housing
Ensure equal access for housing opportunities for all
Acronyms & Terms
RHNA: Regional Housing Needs Assessment
SCAG: Southern California Association of Governments
WRCOG: Western Riverside County Association of Governments HCD: California Dept. of Housing and Community Development Density: Housing Units per Acre
General Plan: Citys Long-Term Planning Document to Guide Growth Zoning: Regulations on land development for a specific area ADU: Accessory Dwelling Unit
JADU: Junior Accessory Dwelling Unit
ELI/VLI: Extremely Low-Income/Very Low-Income Households AFFH: Affirmatively Furthering Fair Housing
01/09/2024 City of Banning 6th Cycle Housing Element Update 39 84 Planning & Approved Projects
01/09/2024 City of Banning 6th Cycle Housing Element Update 40 Non-Compliance
01/09/2024 City of Banning 6th Cycle Housing Element Update 41 Violation of state law
Potential state enforcement actions
City can be Vulnerable to lawsuits
Entire General Plan can be put at risk
Funding programs at risk
85 Current Draft Housing Element
The revisions to the Housing Element focus on the following topics:
Sites Inventory and Analysis Realistic Capacity
Sites Inventory and Analysis Suitability of Nonvacant Sites Zoning for a Variety of Housing Types
Respond to Recent Legislation
Government Constraints on Housing for Persons with Disabilities Zoning Ordinance Monitoring
Quantified Objectives Community Outreach
Rezoning to Meet RHNA
Affirmatively Furthering Fair Housing
10/18/2023 City of Banning Housing Element Update Community Workshop 42 topics:
01/09/2024 City of Banning 6th Cycle Housing Element Update 42 Current Draft Housing Element
Adopted by CC on November 9, 2021
Transmitted to HCD on November 18,2021
HCD did not Certify the Housing Element
HCD sent Comment Tracker February 2022
Revised Draft to HCD for informal review,
January 2023
HCD sends additional comments May 2023
HCD sends Non-Compliance letter July 2019
Staff meets with HCD September 20, 2023, to
set schedule for Readoption/Certification
10/18/2023 01/09/2024 City of Banning Housing El City of Banning 6th Cyement Update Community Workshop 43 cle Housing Element Update 43 86 Workshop Topics
Brief overview of the Housing Element and the Regional
Housing Needs Assessment (RHNA)
Housing Plan and Potential Sites
Overview of Past Performance/Adoption/Certification
Recently Approved Projects and Programs
Current Housing Element Schedule
Question and Answer?
01/09/2024 City of Banning 6th Cycle Housing Element Update 44 Public Survey Results
01/09/2024 City of Banning 6th Cycle Housing Element Update 45 Majority of respondents:
Are homeowners and live in a single-family home.
Prefer to own rather than rent.
Think the best approaches for housing are to have more housing types available in the City, and to offer financial assistance programs (rental and down payment assistance).
Prefer that new housing is distributed throughout the City.
Consider areas within walking distance of public transit as most suitable for high-density housing.
Think that the most effective ways to provide housing
opportunities for all incomes are to repurpose older or underutilized commercial centers and create less restrictive development standards near commercial centers.
87 Housing Element Update
Your Input Is Needed!
Comment on the Draft Housing Element Update:
November 2023
http://banning.ca.us/
Adam Rush: [email protected]
Emery Papp: [email protected]
01/09/2024 City of Banning 6th Cycle Housing Element Update 46 Housing Element Update
01/09/2024 City of Banning 6th Cycle Housing Element Update 47 88 Rezoned Sites Overview
01/09/2024 City of Banning 6th Cy 01/09/2024 City of Banning 6th Cycle Housing Element Update 48 cle Housing Element Update 4 Housing Element Update Notifications
01/09/2024 City of Banning 6th Cycle Housing Element Update 49 89 CITY COUNCIL
PUBLIC HEARING NO. 7.3
JANUARY 9, 2024
Introduction of Ordinance 1599 and Consideration of
Resolution 2024-14, Approval of Cost of Services Study
and the Proposed Amendment to the City of Banning
City-wide Master User Fee Schedule for the following
City Departments and Fee Groups: Fire
SUGGESTED ACTION:
1.Waive full reading and introduce, as read by title only, Ordinance 1599, An Ordinance of the City of Banning, California, Amending Table B (Public Safety Services) of Section 3.36.080 (Schedule of Fees and Service Charges) of Chapter 3.36 (Fee and Service Charge Revenue/Cost Comparison) of Title 3 (Revenue and Finance) of the Banning Municipal Code to Add References to Fees and Charges for Fire Inspections of Existing Businesses and Operational Fire Permits, and Making a Determination of Exemption from the California Environmental Quality Act (CEQA), and
2. Adopt Resolution 2024-14 approving the Proposed Amendments to the Master User Fee Schedule to Establish Fees and Charges for the Annual Fire Inspections, Operational Permits, Fire Safety Permit Inspections, and Plan Check Review Services.
90 BACKGROUND:
At the September 12, 2023, City Council Meeting, the City Council held a Public Hearing and Adopted an Amendment to the Codified State Fire Code to authorize the City to conduct Annual Business Fire Inspections.
At the October 17, 2023, Budget & Finance Committee Meeting, the proposed Fee Schedule was reviewed and recommended to the City Council for approval. At the December 12, 2023, City Council Meeting, the City Council approved a Contract Amendment to ADD the Fire Safety Supervisors (formally known as the Assistant Fire Marshal) to the Citys Partner Agreement with Riverside County Fire Department. This position provides for two (2) full-time fire safety employes in the City of Banning.
The adopted 2019 Master Fee Schedule of User Fees never incorporated an updated Fee Schedule for Fire Planning and Inspection Services.
The attached Fee Schedule and accompanying Fee Study, provides a list of fees that ensure recovery of reasonable costs incurred for the administration of permit review, plan check, and inspections; annual inspections of existing businesses, and issuance of operational permits (authorized by the aforementioned Code Amendment).
JUSTIFICATION:
The Fire Code Amendments will allow the regular and routine inspection of qualified businesses and business operations within the City.
Creating the annual inspection program will positively contribute to the protection of life and property within the City.
In order to complete the program implementation, adoption of a Fee Schedule is required to ensure compliance with the Councils policy of total cost recovery related to development and business-related activities.
The City of Bannings contract with Riverside County Fire differs in the amount of our Fully Burdened Hourly Rate, which is $189.00 per hour versus $149.97 per hour which is charged in the City of Beaumont. The Councils policy is that Development Review Services (i.e., entitlements, building, grading, public works, engineering, fire, and electrical permit review support services) are responsible for 100% of their reasonably assessed costs.
Appendix D: Fire Prevention Fees, located on pages 421-428 of the Fee Study, identifies the number of hours (rounded to the nearest ¼ hour) that Fire Prevention Staff requires to conduct each plan check review or inspection.
91 FEE SCHEDULE:
FIRE FEES FOR SPRINKLER PERMITS (FSS)
New 13, 13R Fire Sprinkler System plan check (base fee) $ 5,198.00 New 13, 13R Fire Sprinkler System inspection (per sprinkler head) $ 7.00 New 13D Fire Sprinkler System plan check (base fee) $ 284.00 New 13D Fire Sprinkler System inspection (per sprinkler head) (each separate plan type) $ 7.00 TI 13, 13R Fire Sprinkler System plan check (base fee) $ 378.00 TI 13, 13R Fire Sprinkler System inspection (per sprinkler head) $ 7.00 TI 13D Fire Sprinkler System plan check (base fee) $ 378.00 TI 13D Fire Sprinkler System inspection (per sprinkler head) $ 7.00 Construction Reinspection Fee (per hour) $ 284.00
Alternate methods and materials (initial - 4 hrs. min.) $ 1,890.00 Additional Alternate methods and materials Plan Review (per hour) $ 284.00 Consultant Fire Plan Review (per hour) $ 189.00
Misc./Over the Counter/ Revisions $ 378.00
4 th review and subsequent submittals (per hour) $ 284.00 Expedited Plan Review (per hour) $ 284.00
Overtime Inspection (per hour) $ 284.00
Work without Permit (PENALTY) $ 284.00
$662.00
FIRE FEES FOR HIGH PILE STORAGE PERMITS (FHP)
High Pile Storage <12,000 sq. ft. PC $ 378.00
High Pile Storage <12,000 sq. ft. Insp $ 473.00
High Pile Storage 12,001 - 50,000 sq. ft. PC $ 662.00
High Pile Storage 12,001 - 50,000 sq. ft. Insp $ 1,890.00 High Pile Storage 50,001 - 100,000 sq. ft. $ 945.00
High Pile Storage 50,001 - 100,000 sq. ft. Insp $ 945.00 High Pile Storage > 100,000 sq. ft. PC $ 1,229.00
High Pile Storage > 100,000 sq. ft. Insp $ 1,229.00
Construction Reinspection Fee (per hour) $ 284.00
Alternate methods and materials (initial - 4 hrs. min.) $ 1,890.00 Additional Alternate methods and materials Plan Review (per hour) $ 284.00 Consultant Fire Plan Review (per hour) $ 189.00
Misc./Over the Counter/ Revisions $ 378.00
4 th review and subsequent submittals (per hour) $ 284.00 Expedited Plan Review (per hour) $ 284.00
Overtime Inspection (per hour) $ 284.00
Work without Permit (PENALTY) $ 378.00
FIRE FEES FOR HIGH PILE ST
FEE SCHEDULE:
92 FEE SCHEDULE:
FIRE FEES FOR BUSINESS ANNUALS (FIRE # FBP)
A-1 occupancies: Assembly uses, usually with fixed seating, intended for the production and viewing of performing arts or motion pictures <20,000 sq. ft. $ 284.00 A-1 occupancies: Assembly uses, usually with fixed seating, intended for the production and $ 473.00 A-2 occupancies: Assembly uses intended for food/drink consumption <10,000 sf $ 189.00 A-2 occupancies: Assembly uses intended for food and/or drink consumption > 10,000 sq. ft. $ 284.00 A-3 occupancies: Assembly uses intended for worship, recreation or amusement and other assembly occupancies not classified as A-1,A-2,A-4, and A-5 occupancies <20,000 sq. ft.
$ 284.00
A-3 occupancies: Assembly uses intended for worship, recreation or amusement and other assembly occupancies not classified as A-1,A-2,A-4, and A- $ 473.00 A-4 occupancies: Assembly uses intended for viewing of indoor sporting events and activities with spectator seating <20,000 sq. ft. $ 284.00 A-4 occupancies: Assembly uses intended for viewing of indoor sporting events and activities $ 473.00 A-5 occupancies: Assembly uses intended for participation in or viewing outdoor activities. $ 284.00
B,F,M or S Occupancies < 3,600 Square Feet $ 189.00
B,F,M or S Occupancies 3,601 - 50,000 Square Feet $ 378.00 B,F,M or S Occupancies 50,001 - 350,000 sq. ft. $ 473.00 B,F,M or S Occupancies > 350,000 sq. ft. $ 945.00
H or L Occupancy $ 473.00
2nd Re-Inspection Penalty (Penalty of $150 + reinspection fee $150 = $300) $ 378.00 3rd + Re-inspection Penalty (Penalty of $250 + reinspection fee $150 = $400) $ 473.00 Work without Permit (PENALTY) $ 378.00
FIRE FEES FOR STATE MANDATES ANNUALS (FIRE # FSM)
E Occupancy (Schools) <10,000 sq. ft. $ 284.00
E Occupancy (Schools) > 10,000 sq. ft. $ 662.00
Hospitals <10,000 S.F. $ 284.00
Hospitals > 10,000 S.F. $ 662.00
Skilled Nursing < 10,000 S.F. $ 284.00
Skilled Nursing > 10,000 S.F. $ 662.00
Jail <10,000 S.F. $ 284.00
Jail > 10,000 S.F. $ 662.00
High-Rise 75' or more $ 945.00
Day Care Facilities Commercial 0-50 $ 189.00
Day Care Facilities Commercial 51-100 $ 189.00
Day Care Facilities Commercial 101-150 $ 284.00
Day Care Facilities Commercial >150 $ 284.00
2nd Re-Inspection Penalty (Penalty of $150 + reinspection fee $150 = $300) $ 378.00 3rd + Re-inspection Penalty (Penalty of $250 + reinspection fee $150 = $400) $ 473.00 Work without Permit (PENALTY) $ 378.00
FIRE FEES FOR STATE MANDATE
FEE SCHEDULE:
93 FISCAL IMPACTS:
The Staff Report was prepared by the Community Development Director, respectively, as part of their normal course of duties and responsibilities.
The City Attorney's office reviewed the draft Ordinance and Resolution. No additional costs were incurred.
Upon adoption and implementation of the amended Fire fee schedule within the Master User Fee Schedule, City staff anticipates an increase in revenue generated from additional inspections being performed and a greater capture of expenses through the updated Fee Schedule.
TIMELINE:
Implementation will begin upon the closing the Fire Safety Specialist vacancy, Council authorization of an Assistant Fire Marshal position, and placement by the County, upon completion of the Contract Amendment:
10/17 Budget & Finance Committee
12/12 (11/14) City Council (Fee Sch./Contract Amd.) 1/9 Update/Add Fire Permit, Inspection, & Operational Fees 1/16 Formal Letter Requesting AFM
2
nd Quarter (2024) Placement of AFM
Summer (2024) Begin Annual Fire Inspection Program
94 ALTERNATIVES:
1. Take no action and provide feedback to staff.
2. Continue and request additional research from staff.
3. Suggest modifications to the individuals' fees (e.g., subsidies, removal of individual line items, etc.)
SUGGESTED ACTION:
1.Waive full reading and introduce, as read by title only, Ordinance 1599, An Ordinance of the City of Banning, California, Amending Table B (Public Safety Services) of Section 3.36.080 (Schedule of Fees and Service Charges) of Chapter 3.36 (Fee and Service Charge Revenue/Cost Comparison) of Title 3 (Revenue and Finance) of the Banning Municipal Code to Add References to Fees and Charges for Fire Inspections of Existing Businesses and Operational Fire Permits, and Making a Determination of Exemption from the California Environmental Quality Act (CEQA), and
2. Adopt Resolution 2024-14 approving the Proposed Amendments to the Master User Fee Schedule to Establish Fees and Charges for the Annual Fire Inspections, Operational Permits, Fire Safety Permit Inspections, and Plan Check Review Services.
95 Thank you!
Staff is Available for Questions
Contact Information
Adam B. Rush, AICP
Community Development Director
(951) 922-3131
[email protected]
96 97
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CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Cheryl Stafford, Finance Manager
Lincoln Bogard, Administrative Services Director
MEETING DATE: February 13, 2024
SUBJECT: Accounts Payable and Payroll Warrants Issued in the Month of December 31, 2023
RECOMMENDATION:
Review and ratify the warrants for period ending December 31, 2023, per California Government Code Section 37208.
BACKGROUND:
Staff compiles a monthly report to include accounts payable and payroll warrants issued.
JUSTIFICATION:
Description Payment # Amount Total Amount
Checks:
Checks Issued During Month 189488-189800 $1,924,963.93
Voided/Reissue Check $ 3,204.75
Check Total $1,921,759.18
Wires Total 1132 $1,886,530.07
ACH Payments: 9007732-9007754
Payroll Direct Deposit 12/01/2023 $ 617,862.32
Payroll Direct Deposit 12/15/2023 $ 646,056.36
Payroll Direct Deposit 12/29/2023 $ 625,361.03
Other Payments $1,253,908.81
ACH Total $3,143,188.52
Payroll Checks: 13323-13360
Payroll-Regular 12/01/2023 $ 3,326.50
Payroll-Regular 12/15/2023 $ 5,185.94
Payroll-Regular 12/29/2023 $ 6,630.04
Payroll Check Total $ 15,142.48
130
Total Warrants Issued for
December 2023
$6,966,620.25
FISCAL IMPACT:
No fiscal impact.
ALTERNATIVES:
Approve and ratify the warrants for period ending December 31, 2023.
ATTACHMENTS:
1. Attachment 1 - Fund List 10.11.23.pdf
2. Attachment 2-Warrant Report December 2023.pdf
3. Attachment 3-Warrant Report Detail December 2023.pdf
4. Attachment 4-Void Check Log, Payroll Log and Payroll Registers.pdf 131
General Fund Special Revenue Capital Improvement Enterprise Enterprise Internal Service Sucessor Agency Agency Funds Funds Funds Funds-BUA Funds Funds Funds
General Fund (001) Departments (002) Developer Deposit (400) Police Facilities Development (670) Electric Fund (660) Water (702) Fleet Maintenance (805) Redevelopment Obligation- - (1000) City Council (005) Successor Agency Admin (410) Fire Facilities Development - (7000) Electric (661) Water Capital Facilities (700) Risk Management Retirement - (1200) City Manager (100) Gas Tax Street (420) Traffic Control Facility - (7010) Generation & Trans. (662) Irrigation Water Fund - (5020) Workers Compensation (810) Sucessor Housing Agency (101) Measure A Street (421) Ramsey/Highland Signal (672) Rate Stability/Debt Service Reserve (663) BUA Water Capital Project - (5030) Unemployment Insur. (830) Debt Service Successor Agncy (102) RMRA (SB1) Gas Tax (430) General Facilities (673) Electric Improvement (669) BUA Water Debt Service - (5040) Liability Insurance (840) Bond Exp. Agreement - (221) ATWEL #2020-02 CFD
(360) Sun Lakes CFD #86-1
(365) Wilson Street #91-1 AD
(370) Area Police Computer
(375 Fair Oaks #2004-01-AD
(376) Cameo Homes
- (1210) Economic Development
- (1220) Public Information
- (1300) Human Resources
- (1400) City Clerk
(103) SB 300 Street (444) Wilson Median Fund (674) Electric Revenue Bond Project - (5300) City Attorney (BEA) Project -
(104) Article 3 Sidewalk (451) Park Development Fund (675) Public Benefit (680) Wastewater (841) Bond Exp. Agreement - - (1500) Elections
(1800) City Attorney
(110) CDBG (470) Capital Improvement (678) Electric Revenue Bond Debt Service (681) Wastewater Capital Facility (703) Information Systems Services
(704) Building Maintenance
(705) Support Services
(761) Utility Billing Admin.
(BEA) Low/Mod
- (1900) Fiscal Services
(111) Landscape Maintenance (475) Fair Oaks #2004-01-AD (682) Wastewater Tertiary - (3100) Account & Collections
- (1910) Purchasing & AP
(132) Air Quality Improvement (600) Airport Fund (683) BUA Wastewater Capital Project - (3110) Meter Reading
(140) Asset Forfeiture/Police (610) Transit Fund (685) State Revolving Loan - (2060) TV Government Access
- (2200) Police
(148) Supplemental Law- - (5800) Fixed Route (689) BUA Wastewater Debt Service Enforcement - (5850) Dial A Ride
(150) State Park Bond (690) Refuse Fund
(190) Housing Authority
(200) Special Donation
(201) Sr. Center Activities
(202) Animal Control Reserve
(203) Police Volunteer
(222) Federal Funds
(300) City Administration-
COP Debt Service
- (2210) Dispatch
- (2300) Animal Control
- (2400) Fire
- (2700) Building Safety
- (2740) Code Enforcement
- (2800) Planning
- (3000) Engineering
- (3200) Building Maintenance
- (3600) Parks
- (4000) Recreation
- (4010) Aquatics
- (4020) Day care
- (4050) Senior Center
- (4060) Sr. Advisory Board
- (4500) Central Services
- (4800) Debt Service
- (5400) Community Enhancement
Budget Processes, Policies & Fund Structure
The following depicts the City's budgeted funds and how they fit in the organization for budget and accounting purposes. Note that departments in the General Fund may also have budget responsibility for other funds.
Appropriated Funds
Governmental Funds Proprietary Funds Fiduciary Funds
Black = Major - Blue = Non-Major - Red = Retired Funds FY 20-21 132
City of Banning
Warrant List December 2023
Warrant Number Vendor Name Warrant Amount
1132 RIVERSIDE PUBLIC UTILITIES 1,886,530.07
189488 AMAZON BUSINESS 1,310.42
189489 AMERICAN ESTATE & TRUST 108.59
189490 AMERICAN FIDELITY ASSURANCE 25,311.88
189491 AMERICAN FORENSIC NURSES 438.06
189492 ARIAS DE RAMIREZ, LEONILA 195.00
189493 ARTISTIC MAINTENANCE, INC. 716.87
189494 AT&T MOBILITY LLC 2,881.11
189495 AURIGA CORPORATION 1,150.00
189496 BAMBOO IDE8 INSURANCE SERVICES 0.00
189497 BANNING POLICE OFFICERS ASSOC. 2,560.30
189498 BARRETT &, AMANDA LEE 59.81
189499 BEAUMONT CHERRY VALLEY WATER 2,107.15
189500 BEAUMONT DO IT BEST HOME CENTER 82.92
189501 BRASCH, JOHN F & MIDORI M 62.89
189502 BRIGHTLY SOFTWARE , INC 8,050.00
189503 BUTLER JR, CHARLES 1,636.37
189504 CA. DEPT OF TRANSPORTATION 2,123.47
189505 CALIFORNIA LAW ENFORCE ASSN 864.00
189506 CALIFORNIA WATER ENVIRONMENT 221.00
189507 CANALES, SILVERIO 195.00
189508 CANON FINANCIAL SERVICES, INC 332.16
189509 CELL BUSINESS EQUIPMENT (CBE) 790.34
189510 CI TECHNOLOGIES, INC. 2,448.00
189511 CINTAS CORPORATION 1,582.36
189512 CONSOLIDATED ELECTRICAL 175.09
189513 CORE & MAIN, LP 795.04
189514 CYBERTIME NETWORK COMMUNICATIONS 2,599.00
189515 DORAN MOTORSPORTS GROUP INC 443.77
189516 DUDEK 12,733.42
189517 DUNAWAY, JOHN E 1,125.87
189518 E.R. BLOCK PLUMBING 4,815.00
189519 EARTH & WATER LAW, LLC 4,950.00
189520 EFS WEST INC 90,250.00
189521 ENGINEERING RESOURCES OF SO CA 154,144.54
189522 FAITH IN ACTION 8,924.40
189523 FRONTIER COMMUNICATIONS 2,352.07
189524 GALLS, LLC 221.77
189525 GANCI, LINDA 231.43
189526 GARCIA, RICHARD 72.57
189527 GAS COMPANY, THE 414.61
189528 GOLDEN STAR TECHNOLOGY, INC 3,568.80
189529 GRAINGER 643.64
189530 GREEN COMPASS REALTY INC 72.44
189531 GUZMAN, SUSANA 195.00
189532 HAAKER EQUIPMENT COMPANY 61.74
189533 HOME DEPOT #8987 203.25
189534 I.B.E.W. LOCAL 47 10,718.38
189535 I.B.E.W. LOCAL 47 (PAC) 40.00
189536 IMPERIAL SUPPLIES, LLC 572.44
189537 IRON MOUNTAIN INFORMATION MGMT, LLC 132.36
1 133
City of Banning
Warrant List December 2023
Warrant Number Vendor Name Warrant Amount
189538 JACKSON, DAVID 420.00
189539 JC3 ELECTRIC LLC 319.84
189540 KEN GRODY FORD REDLANDS 3,117.41
189541 LAKSHMANAN &, NARAYANAN 142.42
189542 LEXISNEXIS RISK SOLUTIONS 112.55
189543 LINCOLN FINANCIAL GROUP 13,232.39
189544 MENDOZA &, IRIS 33.46
189545 MIKE ROQUET CONSTRUCTION, INC. 9,620.00
189546 MILSOFT UTILITY SOLUTIONS, INC 1,929.00
189547 MUNICIPAL CODE CORPORATION 7,385.00
189548 O'REILLY AUTO PARTS 196.43
189549 OLIN CORPORATION 6,353.98
189550 PARKHOUSE TIRE, INC. 838.70
189551 PARTS AUTHORITY 289.42
189552 PLATT, JEFFREY 110.01
189553 POLY-CORR INDUSTRIES 1,454.63
189554 PRESS-ENTERPRISE, THE 126.17
189555 QUINN COMPANY 145,516.16
189556 RIVERSIDE COUNTY SHERIFF-PSEC 4,865.29
189557 ROBLES, DIONA FLEMING 250.00
189558 RUBIO, RAMON 195.00
189559 SALEHI, MITCH 75.88
189560 SAN BERNARDINO PUBLIC EMPLOYEES 2,407.26
189561 SATELLITE PHONE STORE 307.95
189562 SCCI, INC DBA 250.00
189563 SILVER & WRIGHT, LLP 7,520.75
189564 SOFTWARE ONE, INC 366.30
189565 SOUTHERN CALIFORNIA EDISON 91.89
189566 STAPLES BUSINESS ADVANTAGE 130.13
189567 STATE OF CALIFORNIA DOJ 2,191.98
189568 STATE WATER RESOURCES CONTROL 10,602.00
189569 STATE WATER RESOURCES CONTROL 105.00
189570 TIME WARNER CABLE 983.37
189571 U.S. BANK 5,500.00
189572 UNDERGROUND SERVICE ALERT 192.28
189573 UNITED WATER WORKS, INC 24,241.45
189574 VIGILANT LLC 8,199.94
189575 WALLACE, COLLEEN 98.44
189576 WESTERN AUDIO VISUAL & SECURITY 22,472.65
189577 WESTERN WATER WORKS SUPPLY CO 2,589.24
189578 WILBUR'S POWER EQUIPMENT 226.37
189579 WITTMAN ENTERPRISES, LLC 2,743.50
189580 WRCOG 6,501.46
189581 ZENNER PERFORMANCE METERS, INC 48,033.76
189582 ABBOTT, CELIA 195.00
189583 ABS FACILITY SERVICES INC 19,634.77
189584 ALL STAR ELITE SPORTS 581.25
189585 AMAZON BUSINESS 2,076.94
189586 AMERICAN FORENSIC NURSES 1,021.02
189587 ARAMARK UNIFORM & CAREER APPAREL 248.19
189588 ARCE, PAUL 280.00
2 134
City of Banning
Warrant List December 2023
Warrant Number Vendor Name Warrant Amount
189589 AT&T CALNET 2 202.25
189590 AUER, WILLIAM 621.00
189591 BABCOCK LABORATORIES, INC 2,644.00
189592 BAMBOO IDE8 INSURANCE SERVICES 9,000.00
189593 BANNING BEAUMONT PILATES & FITNESS 17.50
189594 BANNING VETERINARY HOSPITAL 1,343.94
189595 BARR DOOR, INC 1,619.66
189596 BEAUMONT DO IT BEST HOME CENTER 54.93
189597 BECERRA, ELADIO 195.00
189598 BENHAR, DIANA T 231.00
189599 BIO-TOX LABORATORIES 1,093.00
189600 BLOOMHUFF, NINA 195.00
189601 BOIES, SANDRA DIANE 195.00
189602 BOSTON, LINDA 195.00
189603 BUSINESS TELECOMMUNICATION 1,200.08
189604 CABAZON WATER DISTRICT 10,777.86
189605 CASC ENGINEERING AND CONSULTING INC 501.00
189606 CASTILLO, JORGE IVAN 1,058.44
189607 CDW GOVERNMENT, INC 2,732.28
189608 CELL BUSINESS EQUIP-LEASING 878.08
189609 CELL BUSINESS EQUIPMENT (CBE) 49.80
189610 CINTAS CORPORATION 735.87
189611 CITY OF BANNING (BNG) 185.89
189612 CORE & MAIN, LP 70.57
189613 CRABTREE, JEFFREY 195.00
189614 DAVILA, BERTHA 195.00
189615 DAVIS, RANDOLYN 195.00
189616 DBT TRANSPORTATION SERVICES, LLC 7,000.00
189617 DEWALT, RICK 195.00
189618 DIAMOND ENVIRONMENTAL SERVICES 165.40
189619 DIAZ, ARTURO 195.00
189620 E.R. BLOCK PLUMBING 2,847.81
189621 ECCLESTONE, CHERYL 195.00
189622 EISENHOWER HEALTH 1,200.00
189623 ELLIOTT, PATRICIA 195.00
189624 ENGINEERING RESOURCES OF SO CA 113,321.40
189625 EPSILON ENGINEERING, INC 61,472.60
189626 ESTERSON, LORI 195.00
189627 FALTO, CONSTANCE 195.00
189628 FERRELLGAS LP 2,600.68
189629 FLETCHER, CORAL 195.00
189630 FRONTIER COMMUNICATIONS 3,557.15
189631 GARDA CL WEST INC 1,267.41
189632 GAS COMPANY, THE 585.87
189633 GONZALEZ, MARIA 195.00
189634 GRAINGER 913.86
189635 GRANT, SHARON 150.00
189636 GREYBAR PRINTING 834.60
189637 HAMPTON, PATRICIA 195.00
189638 HARDEE, TIMOTHY 195.00
189639 HAZEN AND SAWYER 53,972.00
3 135
City of Banning
Warrant List December 2023
Warrant Number Vendor Name Warrant Amount
189640 HEADLEY, MARTIN 195.00
189641 HERNANDEZ, CARLA 1,155.00
189642 HERRERA, SANDRA 195.00
189643 HOPKINS, VICKI 195.00
189644 HUERTA JR., GILBERT 525.00
189645 IBEW LOCAL 47 RETIREE MEDICAL TRUST 3,099.18
189646 INFOSEND, INC 5,909.63
189647 JAUREGUI, ROBERTO 16.50
189648 JOHNSON, VIVETTE 195.00
189649 JOHNSON, WILLIAM 364.00
189650 JP NELSON & SONS 681.89
189651 KAKISH, BISHARA 195.00
189652 KEN GRODY FORD REDLANDS 271.98
189653 KOLLER, MARIE 14.70
189654 LARA, TORIBIO 195.00
189655 LEXISNEXIS RISK SOLUTIONS 112.55
189656 LOERA, JACK 16.50
189657 LOFTIS, MILDRED 195.00
189658 LYNCH, MIKE 250.00
189659 MACDONALD, DOUGLAS 195.00
189660 MARIPOSA LANDSCAPES, INC 1,275.00
189661 MAYA, MARIA 195.00
189662 MCCOY-TORRES, LYNETTE 42.00
189663 MICHALEC, MARY 195.00
189664 MIDDLETON, SHARON 195.00
189665 MILLER, NINA 195.00
189666 MIXON, FRANKLEN 401.88
189667 MIXON, FRANKLEN 16.50
189668 MORENO, ANGELA 195.00
189669 MORGAN, DEIDRA J 168.00
189670 MUNOZ, RENE 16.50
189671 ONLINE UTILITY EXCHANGE 993.51
189672 ORONA, DIANE 195.00
189673 PACKHAM & TOOMEY, INC 1,595.00
189674 PALENCIA, JUSTIN 113.14
189675 PARKHOUSE TIRE, INC. 3,905.35
189676 PARS 248.62
189677 PARTS AUTHORITY 473.28
189678 PETRUCCI, TERESA 195.00
189679 PRATT, EDWARD 315.00
189680 PRUITT, CARMEN 195.00
189681 PULIDO, ANGELINA 195.00
189682 PULVER, JODEANE V 196.00
189683 QUADIENT LEASING USA, INC 521.66
189684 RECORD GAZETTE, THE 875.00
189685 RICHARDS WATSON GERSHON 90,634.17
189686 RICHARDS, LORENA 195.00
189687 RIV. CO. CLERK RECORDER 52.00
189688 RIVERA, KATHLEEN 195.00
189689 ROEBUCK, ALYSSA 16.50
189690 SCA OF CA, LLC 10,080.00
4 136
City of Banning
Warrant List December 2023
Warrant Number Vendor Name Warrant Amount
189691 SCCI, INC DBA 500.00
189692 SCHULZE, DOUG 37.81
189693 SCPPA 3,210.09
189694 SHRED-IT USA, LLC 392.04
189695 SIQUEIROS, JUANA 195.00
189696 SMITH, BRANDON 950.00
189697 SMITH, JOHN 195.00
189698 SOLANO, PATRICIA 195.00
189699 SOUTHERN CALIFORNIA GAS CO 10,040.48
189700 STAPLES BUSINESS ADVANTAGE 656.83
189701 STC TRAFFIC INC 1,477.50
189702 STEWARD, JOHN 1,800.00
189703 TAPIA, SALOMON 195.00
189704 THORNTON, MEL 315.00
189705 TIME WARNER/CHARTER 389.80
189706 TRENCH SHORING COMPANY 1,800.00
189707 UNITED STATES POSTAL SERVICE 636.00
189708 UNITED WATER WORKS, INC 8,328.69
189709 VALDEZ JR, MARY ALICE & ANTONIO 195.00
189710 VALENCIA, MARIBEL 195.00
189711 VEOLIA WATER CONTRACT OPERATIONS US 73,434.00
189712 VILLEGAS, JOSE 315.00
189713 WESTERN AUDIO VISUAL & SECURITY 22,472.65
189714 WILLIAMS, KAYLA 17.50
189715 ALBERT A. WEBB ASSOCIATES 27,865.20
189716 ALL STAR ELITE SPORTS 603.80
189717 ALTA PLANNING + DESIGN INC 2,806.67
189718 AMAZON BUSINESS 423.21
189719 AMERICAN FIDELITY ASSURANCE 18,355.32
189720 ARTISTIC MAINTENANCE, INC. 4,092.00
189721 AT&T CALNET 2 399.96
189722 ATBACKGROUNDS 2,733.41
189723 AUER, WILLIAM 1,242.00
189724 AUTOMATED GATE SERVICES, INC. 336.00
189725 BARRY ANINAG INVESTIGATIONS LLC 23,974.50
189726 BEAUMONT DO IT BEST HOME CENTER 839.09
189727 BIO-TOX LABORATORIES 316.00
189728 BLAIS & ASSOCIATES, LLC 3,305.00
189729 CANON FINANCIAL SERVICES, INC 1,881.86
189730 CAPPO 560.00
189731 CAROLLO ENGINEERS 704.00
189732 CHAPMAN, TERI & CHARLES 934.51
189733 CINTAS CORPORATION 882.72
189734 CONCENTRA MEDICAL CENTERS 2,731.59
189735 CORE & MAIN, LP 2,324.17
189736 COUNSELING TEAM INTERNATIONAL, THE 4,300.00
189737 CYBERTIME NETWORK COMMUNICATIONS 2,599.00
189738 DEUSENBERRY, DANIEL 42.50
189739 DIAMOND ENVIRONMENTAL SERVICES 636.00
189740 ENTERPRISE FM TRUST 21,155.15
189741 EXECUTIVE FACILTIES SERVICES INC 15,187.69
5 137
City of Banning
Warrant List December 2023
Warrant Number Vendor Name Warrant Amount
189742 FRONTIER COMMUNICATIONS 568.75
189743 FUN EXPRESS 386.65
189744 GAS COMPANY, THE 48.14
189745 GHJ ADVISORS 21,338.00
189746 GRAINGER 153.48
189747 HAZEN AND SAWYER 23,906.00
189748 HOME DEPOT #8987 320.63
189749 HUBBURT, KEVIN 12.75
189750 HUERTA, MELIDA 208.96
189751 IMPERIAL SUPPLIES, LLC 166.49
189752 JNE POLYGRAPH LLC 3,400.00
189753 JONES, SANDRA 1,800.00
189754 LANGUAGE TESTING INTERNATIONAL 361.50
189755 LIEBERT CASSIDY WHITMORE 1,892.00
189756 LOADER, MICHAEL 5,540.74
189757 LOZANO SMITH LLP 42,977.25
189758 MARIPOSA LANDSCAPES, INC 9,500.36
189759 MEZA, TOMMY & GLORIA 195.00
189760 MGT OF AMERICA CONSULTING, LLC 19,658.00
189761 MITSUBISHI ELECTRIC & ELECTRONICS 341.67
189762 MIXON, FRANKLEN 2,288.21
189763 NOLLETTE, BRADY 110.50
189764 NOTTINGHAM, MICHAEL 12.75
189765 OLIN CORPORATION 6,067.92
189766 ORACLE AMERICA INC 13,613.96
189767 PARTS AUTHORITY 2,234.02
189768 PAYPRO ADMINISTRATORS 488.00
189769 PUBLIC AGENCY RETIREMENT SERVICES 300.00
189770 PUBLIC ENTITY RISK MANAGEMENT 44,082.18
189771 REAVIS CODE UTILITY SOLUTIONS, LLC 400.00
189772 RINCON CONSULTANTS, INC. 3,194.28
189773 RIVERSIDE HOUSING DEVELOPMENT 42.86
189774 SMITH, JASON 299.00
189775 SO CAL JOINT POLE COMMITTEE 873.99
189776 SORIANO, RICHARD 189.75
189777 STAPLES BUSINESS ADVANTAGE 1,467.60
189778 STATE OF CALIFORNIA DOJ 1,123.00
189779 STATE WATER RESOURCES CONTROL 44,554.00
189780 TEAMCALIFORNIA ECONOMIC DEV CORP 1,250.00
189781 TERMINIX COMMERCIAL 8,962.80
189782 TERMONFILS, KEVIN 231.50
189783 TEXAS LIFE INSURANCE COMPANY 6,366.13
189784 TIME WARNER CABLE 1,966.74
189785 TIME WARNER CABLE (086811201) 95.01
189786 TRANSTECH ENGINEERS, INC 6,313.00
189787 UNITED STATES POSTAL SERVICE 388.00
189788 UTLEY, AMBER 189.75
189789 VACA, YVETTE 68.00
189790 VELA, ARTURO 944.72
189791 VEOLIA WATER CONTRACT OPERATIONS US 220,302.00
189792 VERIZON WIRELESS SERVICES, LLC 8,583.50
6 138
City of Banning
Warrant List December 2023
Warrant Number Vendor Name Warrant Amount
189793 VIRTUAL PROJECT MANAGER, LLC 1,000.00
189794 WALKER, LORRAINE 117.74
189795 WASTE MANAGEMENT OF THE IE 209.31
189796 WESTRUX INTERNATIONAL INC 524.25
189797 WILLDAN FINANCIAL SERVICES 1,120.72
189798 YUNEX, LLC 1,448.00
189799 IBEW LOCAL 47 RETIREE MEDICAL TRUST 3,044.96
189800 PARS 201.74
9007732 WELLS FARGO BANK 617,862.32
9007733 CA. ST. EMPLOYMENT DEV. DEPT. 45,635.20
9007734 INTERNAL REVENUE SERVICE 207,209.67
9007735 TASC 925.03
9007736 WELLS FARGO BANK 400.00
9007737 CALPERS 457 PLAN - 450260 38,707.94
9007738 WELLS FARGO CARD SERVICES INC 56,505.77
9007739 WINDSTREAM SERVICES, LLC 1,857.58
9007740 WINDSTREAM SERVICES, LLC 1,878.75
9007741 CA. ST. PUBLIC EMPLOYEES 154,301.63
9007742 CA. ST. PUBLIC EMPLOYEES 163,126.16
9007743 CA. ST. PUBLIC EMPLOYEES 6,372.21
9007744 CA. ST. PUBLIC EMPLOYEES 155,773.00
9007745 CA. ST. PUBLIC EMPLOYEES 280.77
9007746 WELLS FARGO BANK 646,056.36
9007747 CORPORATION SERVICE COMPANY 26.00
9007748 CA. ST. EMPLOYMENT DEV. DEPT. 48,361.11
9007749 INTERNAL REVENUE SERVICE 213,349.39
9007750 TASC 1,489.58
9007751 WELLS FARGO BANK 400.00
9007752 CA. ST. PUBLIC EMPLOYEES 157,283.02
9007753 CORPORATION SERVICE COMPANY 26.00
9007754 WELLS FARGO BANK 625,361.03
Grand Total 6,954,682.52
Less Voided / Reissued Checks from Prior Period (3,192.00) Less Voided Checks Prior Period (12.75)
Add Payroll Checks 15,142.48
Total Remittance for Month 6,966,620.25
7 139
City of Banning
Warrant List Detail December 2023
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount
1132 12/18/2023 RIVERSIDE PUBLIC UTILITIES 284 670-7000-331.20-01 INTEREST REVENUE REVENUE REC'D IN NOV 2023 (5,200.22) 670-7000-356.38-10 ENERGY REVENUE REVENUE REC'D IN NOV 2023 (1,426.57) 670-7000-356.38-17 CRR REVENUE REVENUE REC'D IN NOV 2023 (23,365.37) 670-7000-356.38-20 TRANS REVENUE REVENUE REC'D IN NOV 2023 (78,002.09) 670-7010-473.27-09 S&D EXPENSE PAID DURING NOV 2023 98,298.00 670-7010-473.27-50 CAPACITY EXPENSE PAID DURING NOV 2023 970,016.58 670-7010-473.27-60 ENERGY EXPENSE PAID DURING NOV 2023 489,187.60 670-7010-473.27-70 TRANS EXPENSE PAID DURING NOV 2023 437,022.14 189488 12/7/2023 AMAZON BUSINESS 114Q-KTTD-34L4 032295 675-7020-473.41-46 LIGHT UP YOUR HOLIDAYS LI 73.24 11PK-G6XJ-XL3H 032295 675-7020-473.36-00 LIGHT UP YOUR HOLIDAYS LI 18.30 136J-N776-MJ7F 032294 670-7000-473.36-00 FACESHIELD STORAGE BAG 145.99 1391-YXNM-H9LN 032293 660-6300-471.41-46 OFFICE ITEMS 37.66 16MC-6NVK-P14T 032294 670-7000-473.36-00 MEMORY CARDS 15.69 17T3-TR9K-K9WV 032295 675-7020-473.41-46 LIGHT UP YOUR HOLIDAYS LI 260.59 19H4-CNXD-FFHR 032293 704-3200-412.36-00 FURNITURE 139.05 1CD9-JRGW-7FKY 032294 670-7000-473.89-48 NOISE CANCELLING EARBUDS 127.55 1KRP-Q4FP-CWVF 032295 675-7020-473.41-46 LIGHT UP YOUR HOLIDAYS LI 325.60 1LKV-47XC-MYKX 032180 001-1400-412.36-00 DECOR FOR HOLIDAY PARTY 10.76 1VQR-NN13-3DFY 032180 001-1400-412.36-00 ACRYLIC DISPLAY EASELS 15.07 1WWM-Y6VK-JNJ1 032180 001-1400-412.36-00 FRIDGE LOCK, DECOR 37.68 1WWW-7MCQ-GD1D 032294 670-7000-473.36-00 DISINFECTING WIPES 64.48 1YD7-N1JT-JKF9 032293 660-6300-471.41-46 OFFICE ITEMS 38.76 189489 12/7/2023 AMERICAN ESTATE & TRUST 000098131 001-0000-218.22-22 UB CR REFUND-FINALS 000011728 108.59 189490 12/7/2023 AMERICAN FIDELITY ASSURANCE OCTOBER 2023 001-0000-204.30-00 WHOLE/TERM LIFE OCTOBER 2023 7,094.84 001-0000-204.80-02 CANCER POLICY OCTOBER 2023 4,219.48
001-0000-204.80-09 ACCIDENT POLICY OCTOBER 2023 3,824.70 001-0000-204.80-11 DISABILITY SUPP STD OCTOBER 2023 6,641.78 001-0000-204.80-12 CRITICAL ILLNESS OCTOBER 2023 2,168.18 001-0000-204.80-16 GRP HOSP INDEMITY OCTOBER 2023 1,362.90 189491 12/7/2023 AMERICAN FORENSIC NURSES 78314 032464 001-2200-421.33-31 PD BLOOD DRAWS 292.04 78316 032464 001-2200-421.33-31 CHP BLOOD DRAWS 146.02
189492 12/7/2023 ARIAS DE RAMIREZ, LEONILA MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT 195.00 189493 12/7/2023 ARTISTIC MAINTENANCE, INC. 0036564-IN 030561 111-4900-432.23-29 IRR. REPAIR-VANDALIZED 94.64 0036565-IN 030561 111-4900-432.23-29 IRR. REPAIR-VANDALIZED 178.05 0036587-IN 030561 111-4900-432.23-29 IRR. REPAIR-VANDALIZED 444.18 189494 12/7/2023 AT&T MOBILITY LLC 287332160118X11 001-2200-421.26-05 MONTHLY SERVICES ACCT# 287332160118 1,207.20 992351038111923 001-2200-421.26-05 MONTHLY SERVICES ACCT# FAN02391479 1,673.91 189495 12/7/2023 AURIGA CORPORATION 8077 031498 673-7000-473.96-47 TASK 2- ELECTRICAL DESIGN 1,150.00 189496 12/7/2023 BAMBOO IDE8 INSURANCE SERVICES 119230 001-0001-412.23-47 SURETY BOND 33 S SAN GORGONIO 0.00 189497 12/7/2023 BANNING POLICE OFFICERS ASSOC. NOVEMBER 2023 001-0000-204.50-00 POLICE OFFICER ASSOC DUES NOVEMBER 2023 2,560.30 189498 12/7/2023 BARRETT &, AMANDA LEE 000091135 001-0000-218.22-22 UB CR REFUND-FINALS 000018856 59.81 189499 12/7/2023 BEAUMONT CHERRY VALLEY WATER 0005063 660-6300-471.27-14 COB SHARE WELLS 24 25 26 OCTOBER 2023 2,107.15 189500 12/7/2023 BEAUMONT DO IT BEST HOME CENTER 536121 032304 704-3200-412.30-02 FIRE DRN CLEANER 6.99 536147 032304 704-3200-412.30-01 TOOLS/SUPPLIES 75.93
189501 12/7/2023 BRASCH, JOHN F & MIDORI M 000091793 001-0000-218.22-22 UB CR REFUND-FINALS 000017438 62.89 189502 12/7/2023 BRIGHTLY SOFTWARE , INC INV-220500 031825 001-2700-442.23-33 PROJ MGMT CUSTOMIZATION 8,050.00 189503 12/7/2023 BUTLER JR, CHARLES 000051897 001-0000-218.22-22 UB CR REFUND-FINALS 000050558 1,636.37 189504 12/7/2023 CA. DEPT OF TRANSPORTATION SL240119 100-4900-431.26-02 SIGNALS & LIGHTING JULY 2023-SEPT 2023 2,123.47 189505 12/7/2023 CALIFORNIA LAW ENFORCE ASSN DECEMBER 2023 001-0000-204.80-13 POLICE LTD PREMIUMS DECEMBER 2023 864.00 189506 12/7/2023 CALIFORNIA WATER ENVIRONMENT ID 37375 FY24 660-6300-471.23-03 CWEA ASSN MMBRSHP DUES 2/1/24-1/31/25 GERDES 221.00 189507 12/7/2023 CANALES, SILVERIO MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT 195.00 189508 12/7/2023 CANON FINANCIAL SERVICES, INC 31608128 032575 001-2200-421.32-06 CANON LEASE RECORDS 332.16 189509 12/7/2023 CELL BUSINESS EQUIPMENT (CBE) IN2678779 032576 001-2200-421.32-06 COPY COUNT 142.88 IN2681593 032576 001-2200-421.32-06 COPY COUNT RECORDS 85.43 IN2683722 032335 001-4000-461.30-06 COPIER MAINTENANCE 118.53 1 140
City of Banning
Warrant List Detail December 2023
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount
189509 12/7/2023 CELL BUSINESS EQUIPMENT (CBE) IN2683722 032335 660-6300-471.30-06 COPIER MAINTENANCE 10.53 670-7000-473.30-06 COPIER MAINTENANCE 115.70
705-4500-412.30-06 COPIER MAINTENANCE 267.19
761-3100-480.30-06 COPIER MAINTENANCE 50.08
189510 12/7/2023 CI TECHNOLOGIES, INC. 12168 001-2200-421.30-17 IA PRO SYSTEM 11/2023-10/2024 2,448.00 189511 12/7/2023 CINTAS CORPORATION 4172742890 032322 660-6300-471.25-02 UNIFORMS 205.12 680-8000-454.25-02 UNIFORMS 57.50
4173465124 032322 660-6300-471.25-02 UNIFORMS 205.12
680-8000-454.25-02 UNIFORMS 57.50
4174230412 032322 660-6300-471.25-02 UNIFORMS 292.83
680-8000-454.23-02 UNIFORMS 112.49
4174940699 032322 660-6300-471.25-02 UNIFORMS 205.12
680-8000-454.25-02 UNIFORMS 57.50
4175619276 032431 702-3800-480.25-02 FLEET UNIFORMS 71.88 4175619401 032318 670-7000-473.25-02 UNIFORM CLEANING SERVICE 317.30 189512 12/7/2023 CONSOLIDATED ELECTRICAL 0954-1025184 032190 704-3200-412.30-02 25 4FT LEDS 175.09 189513 12/7/2023 CORE & MAIN, LP T831125 660-0000-131.00-00 INVENTORY PO NUM 032355 795.04 189514 12/7/2023 CYBERTIME NETWORK COMMUNICATIONS 1521-240101 032557 660-6300-471.26-07 LOOPED MICROWAVE BACKBONE 1,900.00 1522-240102 032558 703-3700-480.30-19 INTERNET FEED-CITY HALL 699.00 189515 12/7/2023 DORAN MOTORSPORTS GROUP INC 000101067 001-0000-218.22-22 UB CR REFUND-FINALS 000054086 443.77 189516 12/7/2023 DUDEK 202309559 031985 660-0000-232.00-00 WELL M12A DRILLING & EQUIP RETAINAGE (1,414.83) 660-6300-471.95-08 WELL M12A DRILLING & EQUIP 14,148.25 189517 12/7/2023 DUNAWAY, JOHN E 000091881 001-0000-218.22-22 UB CR REFUND-FINALS 000013334 1,125.87 189518 12/7/2023 E.R. BLOCK PLUMBING 140620 030133 660-6300-471.33-11 BACKFLOW TESTS 4,815.00 189519 12/7/2023 EARTH & WATER LAW, LLC ACMG202203 032648 600-5100-435.33-11 BANN AIRPORT PERMIT ASST. 4,950.00 189520 12/7/2023 EFS WEST INC 230157 032650 610-0000-232.00-00 CNG STATION RETAINAGE (4,750.00) 610-5800-434.90-56 CNG STATION 95,000.00
189521 12/7/2023 ENGINEERING RESOURCES OF SO CA 59617 032559 001-3000-442.33-53 INSPECTION SERVICES 97,669.74 59678 032559 001-3000-442.33-53 PLAN CHECK SERVICES 49,859.80 59679 032552 660-6300-471.33-11 STAFF AUGMENTATION 4,630.50 680-8000-454.33-11 STAFF AUGMENTATION 1,984.50
189522 12/7/2023 FAITH IN ACTION #9 032046 810-9700-490.90-59 OPV SERVICES 8,924.40 189523 12/7/2023 FRONTIER COMMUNICATIONS 9511970006NOV23 670-7000-473.26-07 951-197-0006 11/05/23-12/04/23 1,010.00 9518491575NOV23 001-2200-421.26-05 951-849-1575 11/13/23-12/12/23 96.04 9518491595NOV23 001-2200-421.26-05 951-849-1595 11/13/23-12/12/23 99.76 9519220196NOV23 001-2200-421.26-05 951-922-0196 11/16/23-12/15/23 1,146.27 189524 12/7/2023 GALLS, LLC 026286618 032465 001-2210-421.36-04 UNIFORM FOR KENNEDY 94.72 026286619 032465 001-2210-421.36-04 UNIFORM FOR JANE KENNEDY 101.25 026340733 032465 001-2200-421.36-04 OFFICER SUPPLIES 12.90 026352023 032465 001-2200-421.36-04 OFFICER SUPPLIES 12.90 189525 12/7/2023 GANCI, LINDA 000109529 001-0000-218.22-22 UB CR REFUND-FINALS 000009468 231.43 189526 12/7/2023 GARCIA, RICHARD 000109505 001-0000-218.22-22 UB CR REFUND-FINALS 000009780 72.57 189527 12/7/2023 GAS COMPANY, THE 03292684002NV23 001-4000-461.26-06 COMMUNITY CENTER 10/16/23-11/15/23 30.44 05192710001NV23 001-3600-461.26-06 PARKS & REC 10/16/23-11/15/23 20.01 07702683751NV23 001-2200-421.26-06 125 E RAMSEY 10/16/23-11/15/23 75.68 09142474007NV23 001-4050-461.26-06 SENIOR CENTER 10/16/23-11/15/23 167.86 13392459007NV23 600-5100-435.26-06 AIRPORT 10/20/23-11/21/23 67.55 16108344439NV23 001-4010-461.26-06 AUQUATICS 10/16/23-11/15/23 53.07 189528 12/7/2023 GOLDEN STAR TECHNOLOGY, INC INV92250 032163 148-2200-421.89-48 GETAC FOR UNIT 3,568.80 189529 12/7/2023 GRAINGER 9917958333 032313 702-3800-480.38-52 BEACON LIGHT #619 245.74 9918567687 032313 702-3800-480.38-52 PARTS SHOP SUPPLIES 43.66 9918567703 032313 702-3800-480.38-52 LIGHTS #344 200.93 9919143199 032313 702-3800-480.38-52 CONSPICUITY TAPE #344 153.31 189530 12/7/2023 GREEN COMPASS REALTY INC 000107955 001-0000-218.22-22 UB CR REFUND-FINALS 000009564 72.44 189531 12/7/2023 GUZMAN, SUSANA MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT 195.00 2 141
City of Banning
Warrant List Detail December 2023
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount
189532 12/7/2023 HAAKER EQUIPMENT COMPANY C1AA1M 032327 680-8000-454.45-16 NITROGEN CANISTER 61.74 189533 12/7/2023 HOME DEPOT #8987 0374156 032194 704-3200-412.30-02 METAL SURGE 149.26 1010290 032194 704-3200-412.36-00 OUTDOOR PLUG 25.82
8521071 032314 675-7020-473.36-00 LIGHT UP YOUR HOLIDAYS LI 28.17 189534 12/7/2023 I.B.E.W. LOCAL 47 NOVEMBER 2023 001-0000-204.53-00 GEN/UTILITY UNION DUES NOVEMBER 2023 10,718.38 189535 12/7/2023 I.B.E.W. LOCAL 47 (PAC) NOVEMBER 2023 001-0000-204.80-01 PAC DUES NOVEMBER 2023 40.00 189536 12/7/2023 IMPERIAL SUPPLIES, LLC I0018M7743 032315 702-3800-480.38-52 STOCK SUPPLIES 336.92 I0018N3154 032315 702-3800-480.38-52 STOCK 235.52
189537 12/7/2023 IRON MOUNTAIN INFORMATION MGMT, LLC HZKN217 032393 670-7000-473.33-11 SHREDDING SERVICES 132.36 189538 12/7/2023 JACKSON, DAVID FLAG FTBALL 23 001-4000-461.23-15 REFEREE FLAG FTBALL 2023 420.00 189539 12/7/2023 JC3 ELECTRIC LLC 000109211 001-0000-218.22-22 UB CR REFUND-FINALS 000004636 319.84 189540 12/7/2023 KEN GRODY FORD REDLANDS 254644 032317 702-3800-480.30-05 REPAIRS #232 3,117.41 189541 12/7/2023 LAKSHMANAN &, NARAYANAN 000077355 001-0000-218.22-22 UB CR REFUND-FINALS 000002466 142.42 189542 12/7/2023 LEXISNEXIS RISK SOLUTIONS 160860120231031 032332 001-2200-421.30-17 LEXIS NEXIS 112.55 189543 12/7/2023 LINCOLN FINANCIAL GROUP OCTOBER 2023 001-0000-204.14-00 CUR PERIOD ADJ LTD OCTOBER 2023 924.71 CUR PERIOD ADJ STD OCTOBER 2023 1,248.68
LINCOLN LTD OCTOBER 2023 3,225.54
LINCOLN STD OCTOBER 2023 4,433.42
001-0000-204.30-00 CUR PERIOD ADJ GRP LIFE OCTOBER 2023 343.20 CUR PERIOD ADJ LINCOLN VOL LIFE BUY-UP (535.47)
LINCOLN GROUP LIFE OCTOBER 2023 2,303.97
LINCOLN VOL LIFE BUY-UP OCTOBER 2023 1,288.34
189544 12/7/2023 MENDOZA &, IRIS 000108379 001-0000-218.22-22 UB CR REFUND-FINALS 000007498 33.46 189545 12/7/2023 MIKE ROQUET CONSTRUCTION, INC. 0202-163CR 032548 673-7000-473.96-41 CONCRETE REPAIRS AT POST 9,620.00 189546 12/7/2023 MILSOFT UTILITY SOLUTIONS, INC 20236829 670-7000-473.90-49 HOSTED TEXTING MONTHLY NOVMBER 2023 1,929.00 189547 12/7/2023 MUNICIPAL CODE CORPORATION 277832 032189 001-1400-412.33-72 ANNUAL CODE HOSTING FEES 1,150.00 277874 032189 001-1400-412.33-72 ANNUAL CODE HOSTING SUBSC 6,235.00 189548 12/7/2023 O'REILLY AUTO PARTS 6117-176141 032350 702-3800-480.38-52 DISC PAD SET #95 196.43 189549 12/7/2023 OLIN CORPORATION 900317705 032622 660-6300-471.36-08 SODIUM HYPOCHLORITE 6,353.98 189550 12/7/2023 PARKHOUSE TIRE, INC. 2010878442 032427 702-3800-480.38-52 TIRES #838 838.70 189551 12/7/2023 PARTS AUTHORITY 065-469575 032423 702-3800-480.38-52 STT LAMP STOCK 23.30 070-982358 032423 702-3800-480.38-52 PROACT DISK PAD #95 52.34 091-318282 032423 702-3800-480.38-52 5/8 HITCH PIN #344 3.72 091-318334 032423 702-3800-480.38-52 AIR,CABIN FILTERS #317 50.45 094-330349 032423 702-3800-480.38-52 STT LAMP #358 23.30 101-270193 032423 702-3800-480.38-52 STT LAMP #352 46.59 292-450827 032423 702-3800-480.38-52 WIRE LOOM SUPPLIES 19.93 292-451045 032423 702-3800-480.38-52 PROACT DISK PAD #95 69.79 189552 12/7/2023 PLATT, JEFFREY REIMB 11/30 810-9700-490.90-59 FUEL - CLEAN UP 110.01 189553 12/7/2023 POLY-CORR INDUSTRIES 72135A-IN 032626 100-4900-431.36-00 SAND BAGS 1,454.63 189554 12/7/2023 PRESS-ENTERPRISE, THE 0011633905 032597 660-6300-471.23-01 RFP 23-041 SCADA MAINT AD 126.17 189555 12/7/2023 QUINN COMPANY G3643501 032017 660-6300-471.90-56 BACKHOE LOADER 144,937.40 PCA00398438 031627 702-3800-480.38-52 HYD OIL #362 578.76 189556 12/7/2023 RIVERSIDE COUNTY SHERIFF-PSEC PE0000001334 001-2200-421.26-07 CNTY RIV PUBLIC SAFETY EC OCTOBER 2023 4,865.29 189557 12/7/2023 ROBLES, DIONA FLEMING EYEWEAR FY24 610-5800-434.25-10 EMPLOYEE EYEWEAR REIMBURS FLEMING ROBLES 250.00 189558 12/7/2023 RUBIO, RAMON MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT 195.00 189559 12/7/2023 SALEHI, MITCH 000109923 001-0000-218.22-22 UB CR REFUND-FINALS 000055578 75.88 189560 12/7/2023 SAN BERNARDINO PUBLIC EMPLOYEES NOVEMBER 2023 001-0000-204.51-00 TEAMSTER DUES NOVEMBER 2023 2,407.26 189561 12/7/2023 SATELLITE PHONE STORE 9408-991973 032428 703-3700-480.30-19 IRIDIUM MONTHLY EMERGENCY 307.95 189562 12/7/2023 SCCI, INC DBA 228395 032413 660-6300-471.23-06 SAFETY MEETING 250.00 189563 12/7/2023 SILVER & WRIGHT, LLP 32130 700-5300-480.33-04 1118 WEST RAMSEY OCTOBER 2023 903.00 1170 WEST RAMSEY OCTOBER 2023 825.60
1240 WEST RAMSEY OCTOBER 2023 464.40
1979 WEST LINCOLN OCTOBER 2023 1,496.40
2437 WEST LINCOLN OCTOBER 2023 206.40
3 142
City of Banning
Warrant List Detail December 2023
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount
189563 12/7/2023 SILVER & WRIGHT, LLP 32130 700-5300-480.33-04 2735 WEST LINCOLN OCTOBER 2023 477.35 775 EAST LINCOLN OCTOBER 2023 1,548.00
GENERAL CODE ENFORCEMENT OCTOBER 2023 1,599.60
189564 12/7/2023 SOFTWARE ONE, INC US-PSI-1409034 032564 703-3700-480.30-17 GOVT MNTHLY SUB-MICROSOFT 366.30 189565 12/7/2023 SOUTHERN CALIFORNIA EDISON 360828122NOV23 670-7000-473.26-04 SVC HIGHLAND HOME RD/ NOVEMBER 2023 91.89 189566 12/7/2023 STAPLES BUSINESS ADVANTAGE 3552395020 032340 675-7020-473.41-46 LIGHT UP YOUR HOLIDAYS LI 130.13 189567 12/7/2023 STATE OF CALIFORNIA DOJ 697488 032502 001-2200-421.33-31 CHP BLOOD DRAWS 210.00 697547 032502 001-2200-421.33-31 CHP CLOOD ANALYSIS 105.00 697580 032502 001-2200-421.26-05 MISC SERVICES 1,876.98 189568 12/7/2023 STATE WATER RESOURCES CONTROL SW-0272677 660-6300-471.23-37 FAC ID 7 33M1000210 ANN PERMIT FEE 7/23-6/24 10,602.00 189569 12/7/2023 STATE WATER RESOURCES CONTROL FY24 CERT 14912 660-6300-471.41-04 DRINKING WATER TRTMNT OP GRD D5 LYNCH 14912 105.00 189570 12/7/2023 TIME WARNER CABLE 0331839102523 670-7000-473.26-07 FIBER OPTIC INTERNET 10/25/23-11/24/23 983.37 189571 12/7/2023 U.S. BANK 7068353 669-6300-471.65-08 ADMIN FEES WATER ENT REVENUE BONDS 2,750.00 7068628 678-7000-473.65-08 ADMIN FEES ELEC REFUNDING REV BONDS 2,750.00 189572 12/7/2023 UNDERGROUND SERVICE ALERT 1120230042 100-4900-431.30-13 80 NEW TICKETS DECEMBER 2023 50.00 660-6300-471.45-08 80 NEW TICKETS DECEMBER 2023 50.00
670-7000-473.45-05 80 NEW TICKETS DECEMBER 2023 50.00
23-241655 100-4900-431.30-13 CA STATE FEE - REG COSTS DECEMBER 2023 14.09 660-6300-471.45-08 CA STATE FEE - REG COSTS DECEMBER 2023 14.10 670-7000-473.45-05 CA STATE FEE - REG COSTS DECEMBER 2023 14.09 189573 12/7/2023 UNITED WATER WORKS, INC S100123412.001 660-0000-131.00-00 INVENTORY PO NUM 032584 22,893.64 S100125628.001 660-0000-131.00-00 INVENTORY PO NUM 032200 1,347.81 189574 12/7/2023 VIGILANT LLC 20501 032607 703-3700-480.33-11 ENDPOINT DETECT/RESPONSE 5,364.34 20502 032607 703-3700-480.33-11 MEDR: CONTRACTED AMOUNT 2,835.60 189575 12/7/2023 WALLACE, COLLEEN MILEAGE NOV23B 001-1000-411.23-05 LEAGUE OF CA CITIES WKSHP MILEAGE NOV23 WALLACE 98.44 189576 12/7/2023 WESTERN AUDIO VISUAL & SECURITY 19675 032547 001-2200-421.90-46 PD AUDIO VISUAL SECURITY 22,472.65 189577 12/7/2023 WESTERN WATER WORKS SUPPLY CO 1138781-00 660-0000-131.00-00 INVENTORY PO NUM 032418 1,702.45 1407335-03 660-0000-131.00-00 INVENTORY PO NUM 032418 886.79 189578 12/7/2023 WILBUR'S POWER EQUIPMENT 12906 032205 100-4900-431.30-06 TOOLS/SUPPLIES 226.37 189579 12/7/2023 WITTMAN ENTERPRISES, LLC 231101202 032553 001-2400-422.33-11 BILLING SVC NOV 2023 2,743.50 189580 12/7/2023 WRCOG 1597 690-9600-453.23-03 FY23/24 SOLID WASTE COOP 6/1/23-6/30/24 2,780.08 690-9600-453.33-11 FY23/24 AB939 EAR 6/1/23-6/30/24 3,721.38 189581 12/7/2023 ZENNER PERFORMANCE METERS, INC 0081573-IN 660-0000-131.00-00 INVENTORY PO NUM 032207 48,033.76 189582 12/14/2023 ABBOTT, CELIA MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189583 12/14/2023 ABS FACILITY SERVICES INC 70929 032549 430-0000-232.00-00 MODULAR DESK INSTALL RETAINAGE (1,033.41) 430-2900-441.90-15 MODULAR DESK INSTALL 20,668.18
189584 12/14/2023 ALL STAR ELITE SPORTS 3881 032276 001-4000-461.36-09 SOCCER SHIRT 581.25 189585 12/14/2023 AMAZON BUSINESS 17FF-NQ69-7M4D 032299 001-1910-412.89-46 BULK BATTERIES & CHAIRS 761.74 1F9D-TT4J-7HCP 032299 001-1910-412.89-46 FISCAL SERVICES 53.54 1FRR-DJNW-TF9T 032294 670-7000-473.36-00 OFFICE SUPPLIES 19.83 1GRC-K7WY-16LN 032296 001-4000-461.36-09 CHRISTMAS LETTERS 64.51 1NKW-XYW6-9931 032296 001-4000-461.36-09 CHRISTMAS TABLE DECOR 71.06 1NVN-G1G7-C6G1 032292 705-4500-412.36-00 HP TONER 416.82 1RTL-NJXF-PX1V 032295 675-7020-473.41-46 LIGHT UP YOUR HOLIDAYS LI 689.44 189586 12/14/2023 AMERICAN FORENSIC NURSES 78369 032464 001-2200-421.33-31 STAND BY FEE JAN24 1,021.02 189587 12/14/2023 ARAMARK UNIFORM & CAREER APPAREL 5880463988 032351 761-3110-480.25-02 FSR UNIFORMS 11/24/23 82.73 5880469721 032351 761-3110-480.25-02 FSR UNIFORMS 12-1-23 82.73 5880475603 032351 761-3110-480.25-02 FSR UNIFORMS 12/8/23 82.73 189588 12/14/2023 ARCE, PAUL NOVEMBER 2023 001-4000-461.23-15 GUITAR INSTRUCTION NOVEMBER 2023 280.00 189589 12/14/2023 AT&T CALNET 2 000020859523 001-2200-421.26-05 BAN# 9391033242 11/22/23-11/21/23 202.25 189590 12/14/2023 AUER, WILLIAM TUITION FY24 001-2200-421.25-09 TUITION REIMBURSEMENT AUER 621.00 189591 12/14/2023 BABCOCK LABORATORIES, INC CJ31290-0030 032373 660-6300-471.23-32 COLIFORMS 242.00 CJ31291-0030 032373 660-6300-471.23-32 COLIFORMS 22.00
CJ31293-0030 032373 680-8000-454.23-32 WASTEWATER TESTING 36.00 CJ31295-0030 032373 660-6300-471.23-32 WATER TESTING 84.00 4 143
City of Banning
Warrant List Detail December 2023
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount
189591 12/14/2023 BABCOCK LABORATORIES, INC CJ31383-0030 032373 660-6300-471.23-32 COLIFORMS 132.00 CJ31385-0030 032373 660-6300-471.23-32 COLIFORMS 22.00
CJ31745-0030 032373 660-6300-471.23-32 COLIFORMS 242.00 CJ31747-0030 032373 660-6300-471.23-32 WATER TESTING 56.00 CJ31748-0030 032373 680-8000-454.23-32 WASTEWATER TESTING 36.00 CJ32112-0030 032373 680-8000-454.23-32 WASTEWATER TESTING 36.00 CJ32117-0030 032373 660-6300-471.23-32 WATER TESTING 84.00 CK30098-0030 032373 660-6300-471.23-32 COLIFORMS 242.00 CK30145-0030 032373 660-6300-471.23-32 COLIFORMS 242.00 CK30397-0030 032373 660-6300-471.23-32 COLIFORMS 88.00
CK30593-0030 032373 660-6300-471.23-32 COLIFORMS 22.00
CK30594-0030 032373 660-6300-471.23-32 COLIFORMS 242.00 CK30596-0030 032373 680-8000-454.23-32 WASTEWATER TESTING 36.00 CK30598-0030 032373 660-6300-471.23-32 WATER TESTING 84.00 CK30951-0030 032373 660-6300-471.23-32 COLIFORMS 242.00 CK30952-0030 032373 680-8000-454.23-32 WASTEWATER TESTING 36.00 CK30977-0030 032373 660-6300-471.23-32 WATER TESTING 84.00 CK31501-0030 032373 660-6300-471.23-32 COLIFORMS 242.00 CK31504-0030 032373 660-6300-471.23-32 WATER TESTING 56.00 CK31505-0030 032373 680-8000-454.23-32 WASTEWATER TESTING 36.00 189592 12/14/2023 BAMBOO IDE8 INSURANCE SERVICES 119230 001-0001-412.23-47 SURETY BOND 33 S SAN GORGONIO 9,000.00 189593 12/14/2023 BANNING BEAUMONT PILATES & FITNESS NOVEMBER 2023 001-4000-461.23-15 DANCE INSTRUCTION NOVEMBER 2023 17.50 189594 12/14/2023 BANNING VETERINARY HOSPITAL 817925 001-2300-424.33-90 MEDICAL EXAM #2311060035 232.00 818069 001-2300-424.33-90 MEDICAL EXAM #2311080055 144.00 818895 001-2300-424.33-90 MEDICAL EXAM #2311200017 112.00 819287 001-2300-424.33-90 MEDICAL EXAM #2311280018 592.19 819369 001-2300-424.33-90 MEDICAL EXAM #2311290051 263.75 189595 12/14/2023 BARR DOOR, INC 33922 032349 704-3200-412.30-02 DOOR REPAIR- FLEET DEPT 1,619.66 189596 12/14/2023 BEAUMONT DO IT BEST HOME CENTER 536303 032304 001-3600-461.30-01 FLAT/FLAT BAR 54.93 189597 12/14/2023 BECERRA, ELADIO MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189598 12/14/2023 BENHAR, DIANA T NOVEMBER 2023 001-4000-461.23-15 ZUMBA INSTRUCTION NOVEMBER 2023 231.00 189599 12/14/2023 BIO-TOX LABORATORIES 45101 032466 001-2200-421.33-31 BLOOD ANALYSIS 219.00 45102 032466 001-2200-421.33-31 BLOOD ALCOHOL 537.00
45196 032466 001-2200-421.33-31 BLOOD ANALYSIS 337.00
189600 12/14/2023 BLOOMHUFF, NINA MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189601 12/14/2023 BOIES, SANDRA DIANE MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189602 12/14/2023 BOSTON, LINDA MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189603 12/14/2023 BUSINESS TELECOMMUNICATION 20739 032625 001-2800-441.89-48 DESK PHONE 600.28 20741 032654 001-2800-441.89-48 DESK PHONE 599.80
189604 12/14/2023 CABAZON WATER DISTRICT DWR INVOICE 10 660-0000-218.22-21 DWR IRWM GRNT 4600013806 SUBGRANTEE PASS-THRU PYMT 10,777.86 189605 12/14/2023 CASC ENGINEERING AND CONSULTING INC 0050036 030724 001-2800-441.33-42 FOCUS AMEND-LAND USE10/23 501.00 189606 12/14/2023 CASTILLO, JORGE IVAN DECEMBER 2023 001-4000-461.23-15 YOUTH SOCCER CLINIC FALL 2023 1,058.44 189607 12/14/2023 CDW GOVERNMENT, INC LX69149 032556 001-2200-421.89-48 LAPTOP FOR FISHER 1,922.57 MS02598 032268 703-3700-480.36-56 500GB SATA SSD, MOUNTING 452.79 MX20339 032268 703-3700-480.30-19 PANDUIT 1IN 100FT LOOM 282.08 NF62823 032618 702-3800-480.30-17 IPAD MINI GLASS (2) 74.84 189608 12/14/2023 CELL BUSINESS EQUIP-LEASING 5027283423 032577 705-4500-412.33-11 FPI MAILING EQUIPMENT 439.04 5027707761 032577 705-4500-412.33-11 FPI MAILING EQUIPMENT 439.04 189609 12/14/2023 CELL BUSINESS EQUIPMENT (CBE) INV2681041 032562 001-2740-442.32-06 CE PRINTLEASE 1020-111923 49.80 189610 12/14/2023 CINTAS CORPORATION 4174230280 032320 001-3600-461.25-02 PARKS UNIFORMS 49.17 4174940626 032320 001-3600-461.25-02 PARK UNIFORMS 49.54 4175619383 032432 610-5800-434.25-02 TRANSIT UNIFORMS 100.96 610-5850-434.25-02 TRANSIT UNIFORMS 10.78
702-3800-480.25-02 TRANSIT UNIFORMS 14.82
4175619389 032320 001-3600-461.25-02 PARKS UNIFORMS 49.54 5 144
City of Banning
Warrant List Detail December 2023
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount
189610 12/14/2023 CINTAS CORPORATION 4175619481 032322 660-6300-471.25-02 UNIFORMS 205.12 680-8000-454.25-02 UNIFORMS 57.50
4176405653 032431 702-3800-480.25-02 FLEET UNIFORMS 71.88 4176405717 032432 610-5800-434.25-02 TRANSIT UNIFORMS 115.78 610-5850-434.25-02 TRANSIT UNIFORMS 10.78
189611 12/14/2023 CITY OF BANNING (BNG) FC B-5 DEC23 705-4500-412.32-06 HANGER FC B-5 CARRIAGES DECEMBER 2023 185.89 189612 12/14/2023 CORE & MAIN, LP T950294 660-0000-131.00-00 INVENTORY PO NUM 032355 70.57 189613 12/14/2023 CRABTREE, JEFFREY MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189614 12/14/2023 DAVILA, BERTHA MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189615 12/14/2023 DAVIS, RANDOLYN MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189616 12/14/2023 DBT TRANSPORTATION SERVICES, LLC 2552296 032659 600-5100-435.30-06 ANNUAL AWOS MAINT. FEE 7,000.00 189617 12/14/2023 DEWALT, RICK MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189618 12/14/2023 DIAMOND ENVIRONMENTAL SERVICES 0004960656 032191 690-9600-453.33-11 PORTA POTTIES-BULKY ITEM 165.40 189619 12/14/2023 DIAZ, ARTURO MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT MOUNTAINVIEW PARK MGMT 195.00 189620 12/14/2023 E.R. BLOCK PLUMBING 139283 030133 660-6300-471.33-11 BACKFLOW TESTS 2,847.81 189621 12/14/2023 ECCLESTONE, CHERYL MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189622 12/14/2023 EISENHOWER HEALTH 4000854 001-2200-421.33-31 SART CASE#23-2515 SPECIAL CIRCUMSTANCES 1,200.00 189623 12/14/2023 ELLIOTT, PATRICIA MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189624 12/14/2023 ENGINEERING RESOURCES OF SO CA 59517 032559 001-3000-442.33-53 PLAN CHECK SERVICES 23,581.12 59543 032559 001-3000-442.33-53 PLAN CHECK SERVICES 89,740.28 189625 12/14/2023 EPSILON ENGINEERING, INC 5 032510 430-0000-232.00-00 CITY MNGR OFFICE RENOV.RETAINAGE (593.75) CM OFC RENOVATION RETAINAGE (31.25)
430-2900-441.90-15 CITY MNGR OFFICE RENOV. 11,875.00
CM OFC RENOVATION 625.00
7 032510 430-0000-232.00-00 CITY HALL OFFICE RENOV. RETAINAGE (2,479.88) CITY HALL RENOVATION RETAINAGE (130.52)
430-2900-441.90-15 CITY HALL OFFICE RENOV. 49,597.60
CITY HALL RENOVATION 2,610.40
189626 12/14/2023 ESTERSON, LORI MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189627 12/14/2023 FALTO, CONSTANCE MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189628 12/14/2023 FERRELLGAS LP 1122633505 032414 660-6300-471.36-08 PROPANE 991.16 1122888036 032414 660-6300-471.36-08 PROPANE 996.62
1123557033 032414 660-6300-471.36-08 PROPANE 482.90
RNT10073447 032414 660-6300-471.36-08 GAS TANK RENTAL 65.00 RNT9548238 032414 660-6300-471.36-08 GAS TANK RENTAL 65.00 189629 12/14/2023 FLETCHER, CORAL MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189630 12/14/2023 FRONTIER COMMUNICATIONS 2091885918DEC23 001-2200-421.26-05 209-188-5918 11/28/23-12/27/23 43.04 001-2400-422.26-05 209-188-5918 11/28/23-12/27/23 61.81 660-6300-471.26-05 209-188-5918 11/28/23-12/27/23 1,014.75 670-7000-473.26-05 209-188-5918 11/28/23-12/27/23 289.78 702-3800-480.26-05 209-188-5918 11/28/23-12/27/23 132.44 705-4500-412.26-05 209-188-5918 11/28/23-12/27/23 1,676.61 9518493260DEC23 705-4500-412.26-05 951-849-3260 11/28/23-12/27/23 338.72 189631 12/14/2023 GARDA CL WEST INC 10760219 031919 761-3100-480.23-43 ARMORED SRVC DEC 23 1,267.41 189632 12/14/2023 GAS COMPANY, THE 19499362408NV23 100-4900-431.26-06 176 E LINCOLN 10/23/23-11/22/23 76.17 660-6300-471.26-06 176 E LINCOLN 10/23/23-11/22/23 169.90 670-7000-473.26-06 176 E LINCOLN 10/23/23-11/22/23 169.90 702-3800-480.26-06 176 E LINCOLN 10/23/23-11/22/23 169.90 189633 12/14/2023 GONZALEZ, MARIA MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189634 12/14/2023 GRAINGER 9921669652 032535 660-6300-471.30-02 FLAT PANEL HEATER-WA DEPT 913.86 189635 12/14/2023 GRANT, SHARON MAY23 - OCT23 670-7000-357.38-10 MEDICAL DISCOUNT SUN COMMUNITIES 150.00 189636 12/14/2023 GREYBAR PRINTING 3952 032390 001-2300-424.23-02 CITATIONS BOOK 834.60 189637 12/14/2023 HAMPTON, PATRICIA MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189638 12/14/2023 HARDEE, TIMOTHY MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189639 12/14/2023 HAZEN AND SAWYER 20062-001-41 029243 661-6300-471.90-78 WELL C-8 CONSTRUCTION 16,197.00 6 145
City of Banning
Warrant List Detail December 2023
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount
189639 45274 HAZEN AND SAWYER 20062-001-41 029243 661-6300-471.95-08 WELL C-8 CONSTRUCTION 37,775.00 189640 12/14/2023 HEADLEY, MARTIN MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189641 12/14/2023 HERNANDEZ, CARLA NOVEMBER 2023 001-4000-461.23-15 KARATE INSTRUCTION NOVEMBER 2023 1,155.00 189642 12/14/2023 HERRERA, SANDRA MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189643 12/14/2023 HOPKINS, VICKI MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189644 12/14/2023 HUERTA JR., GILBERT NOVEMBER 2023 001-4000-461.23-15 KUNG-FU & TAI CHI INSTRUC NOVEMBER 2023 525.00 189645 12/14/2023 IBEW LOCAL 47 RETIREE MEDICAL TRUST 20231215 001-0000-204.80-10 PAYROLL SUMMARY 3,099.18 189646 12/14/2023 INFOSEND, INC 251233 031981 761-3100-480.23-02 UB BILL SRVC 11/24/23 173.83 761-3100-480.23-04 UB BILL SRVC 11/24/23 1,459.16
761-3100-480.33-11 UB BILL SRVC 11/24/23 360.26
252355 031981 761-3100-480.23-02 UB BILL SRVC 12/1/23 363.50 761-3100-480.23-04 UB BILL SRVC 12/1/23 2,826.19
761-3100-480.33-11 UB BILL SRVC 12/1/23 726.69
189647 12/14/2023 JAUREGUI, ROBERTO MEALS 12/5 001-2200-421.23-06 STRATEGIC COMM/ DRIVER AW MEALS 12/5 JAUREGUI 16.50 189648 12/14/2023 JOHNSON, VIVETTE MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189649 12/14/2023 JOHNSON, WILLIAM NOVEMBER 2023 001-4000-461.23-15 BASKETBALL INSTRUCTION NOVEMBER 2023 364.00 189650 12/14/2023 JP NELSON & SONS 000110285 001-0000-218.22-22 UB CR REFUND-FINALS 000060394 681.89 189651 12/14/2023 KAKISH, BISHARA MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189652 12/14/2023 KEN GRODY FORD REDLANDS 262037 032317 702-3800-480.30-05 REPAIRS #70 271.98 189653 12/14/2023 KOLLER, MARIE NOVEMBER 2023 001-4000-461.23-15 DRAMA INSTRUCTION NOVEMBER 2023 14.70 189654 12/14/2023 LARA, TORIBIO MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT MOUNTAINVIEW PARK MGMT 195.00 189655 12/14/2023 LEXISNEXIS RISK SOLUTIONS 160860120231130 032332 001-2200-421.30-17 DB SOFTWARE 112.55 189656 12/14/2023 LOERA, JACK MEALS 12/5 001-2200-421.23-06 STRATEGIC COMM/ DRIVER AW MEALS 12/5 LOERA 16.50 189657 12/14/2023 LOFTIS, MILDRED MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189658 12/14/2023 LYNCH, MIKE EYEWEAR FY24 660-6300-471.25-10 EMPLOYEE REIMBURSEMENT IBEW UTILITY MOU LYNCH 250.00 189659 12/14/2023 MACDONALD, DOUGLAS MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189660 12/14/2023 MARIPOSA LANDSCAPES, INC 105114 032405 100-4900-431.23-29 IRRIGATION REPAIR 1,275.00 189661 12/14/2023 MAYA, MARIA MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT MOUNTAINVIEW PARK MGMT 195.00 189662 12/14/2023 MCCOY-TORRES, LYNETTE NOVEMBER 2023 001-4000-461.23-15 STRETCH STRENGTH BALANCE NOVEMBER 2023 42.00 189663 12/14/2023 MICHALEC, MARY MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189664 12/14/2023 MIDDLETON, SHARON MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189665 12/14/2023 MILLER, NINA MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189666 12/14/2023 MIXON, FRANKLEN FUEL OCT23 001-2200-421.23-06 ICI HOMICIDE TRAINING PARKING 10/15-19 MIXON 178.11 PARKING 10/8-14 001-2200-421.23-06 ICI HOMICIDE TRAINING PARKING 10/8-14 MIXON 127.22 PARKNG 10/15-19 001-2200-421.23-06 ICI HOMICIDE TRAINING PARKING 10/15-19 MIXON 96.55 189667 12/14/2023 MIXON, FRANKLEN MEALS 12/4 001-2200-421.23-06 USE OF FORCE MEALS 12/4 MIXON 16.50 189668 12/14/2023 MORENO, ANGELA MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT MOUNTAINVIEW PARK MGMT 195.00 189669 12/14/2023 MORGAN, DEIDRA J NOVEMBER 2023 001-4000-461.23-15 TOT TIME INSTRUCTION NOVEMBER 2023 168.00 189670 12/14/2023 MUNOZ, RENE MEALS 12/5 001-2200-421.23-06 STRATEGIC COMM/ DRIVER AW MEALS 12/5 MUNOZ 16.50 189671 12/14/2023 ONLINE UTILITY EXCHANGE 1220230 032290 761-3100-480.23-51 UB CREDIT CHECKS OCT 31 484.24 1225903 032290 761-3100-480.23-51 UB CREDIT CHECKS NOV 30 509.27 189672 12/14/2023 ORONA, DIANE MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189673 12/14/2023 PACKHAM & TOOMEY, INC 2023539 032567 702-3800-480.30-06 SB-989 TRIANNUAL 1,595.00 189674 12/14/2023 PALENCIA, JUSTIN EYEWEAR FY24 670-7000-473.25-10 EMPLOYEE EYEWEAR REIMBURS IBEW UTILITY MOU PALENCIA 113.14 189675 12/14/2023 PARKHOUSE TIRE, INC. 2010879641 032427 702-3800-480.38-52 TIRES #234 297.92 2010879645 032427 702-3800-480.30-05 REPAIR/SVC #903 1,649.74 2010879974 032427 702-3800-480.38-52 TIRES #90 454.22
2010880076 032427 702-3800-480.38-52 TIRES #242 1,503.47 189676 12/14/2023 PARS 20231215 001-0000-204.25-00 PAYROLL SUMMARY 248.62 189677 12/14/2023 PARTS AUTHORITY 060-553817 032423 702-3800-480.38-52 AIR FILTER #632 16.32 062-723563 032423 702-3800-480.38-52 FUEL FILTER FUEL ISLAND 10.29 062-731574 032423 702-3800-480.38-52 OIL FILTER STOCK 47.81 091-057401 032423 702-3800-480.38-52 BATTY CORE CREDIT (20.47) 091-057430 032423 702-3800-480.38-52 BTTY WARRANTY CREDIT (230.97) 091-057470 032423 702-3800-480.38-52 BATT WARRANTY CREDIT (207.27) 7 146
City of Banning
Warrant List Detail December 2023
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount
189677 12/14/2023 PARTS AUTHORITY 091-318384 032423 702-3800-480.38-52 FUEL FILTER FUEL ISLAND 10.29 091-318396 032423 702-3800-480.38-52 PR-EA/BX-5, TERMINAL 812 9.40 091-318404 032423 702-3800-480.38-52 PT-RSVH/BX-5 #812 12.28 091-318497 032423 702-3800-480.38-52 GROMMET STOCK (8) 12.76 091-318579 032423 702-3800-480.38-52 OIL FILTER STOCK 5.31 091-318788 032423 702-3800-480.38-52 BATTERY STOCK 461.95 091-318834 032423 702-3800-480.38-52 OIL FILTER #624 5.31 091-318860 032423 702-3800-480.38-52 OIL FILTER #624 60.51 091-319060 032423 702-3800-480.38-52 PARTS #37 267.27
098-475104 032423 702-3800-480.38-52 FUEL FILTER #632 3.98 292-452447 032423 702-3800-480.38-52 MINI LIGHT BULBS SUPPLIES 2.13 91-318405 032423 702-3800-480.38-52 GROMMET (4) 6.38
189678 12/14/2023 PETRUCCI, TERESA MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189679 12/14/2023 PRATT, EDWARD MAY23 - OCT23 670-7000-357.38-10 MEDICAL DISCOUNT SUN COMMUNITIES 120.00 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189680 12/14/2023 PRUITT, CARMEN MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189681 12/14/2023 PULIDO, ANGELINA MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT MOUNTAINVIEW PARK MGMT 195.00 189682 12/14/2023 PULVER, JODEANE V NOVEMBER 2023 001-4000-461.23-15 YOGA INSTRUCTION NOVEMBER 2023 196.00 189683 12/14/2023 QUADIENT LEASING USA, INC Q1089941 029795 705-4500-412.32-06 POSTAGE METER LEASE 521.66 189684 12/14/2023 RECORD GAZETTE, THE 00197842 032184 001-1210-412.23-01 OUR TOWN EDITION 875.00 189685 12/14/2023 RICHARDS WATSON GERSHON 245232 700-5300-480.33-04 0001 GENERAL SERVICES OCTOBER 2023 13,520.51 0013 PERSONNEL MATTERS OCTOBER 2023 4,774.00
245233 700-5300-480.33-04 0003 CITY MANAGER OCTOBER 2023 594.00 0005 COMMUNITY DEV OCTOBER 2023 792.00
0010 POLICE DEPT OCTOBER 2023 858.00
0021 CODE ENFORCEMENT OCTOBER 2023 1,650.00
245234 700-5300-480.33-04 0004 CITY CLERK OCTOBER 2023 2,486.00 245235 700-5300-480.33-04 0005 COMMUNITY DEV OCTOBER 2023 9,484.95 245236 700-5300-480.33-04 0007 ELEC UTILITY OCTOBER 2023 176.00 245237 700-5300-480.33-04 0007 ELEC UTILITY OCTOBER 2023 550.00 0008 ADMIN SERVICES OCTOBER 2023 506.00
0013 PERSONNEL MATTERS OCTOBER 2023 22.00
245238 700-5300-480.33-04 0008 ADMIN SERVICES OCTOBER 2023 593.40 0010 POLICE DEPT OCTOBER 2023 9,162.10
245239 700-5300-480.33-04 0011 PUBLIC WORKS DEPT OCTOBER 2023 4,400.00 0012 WATER WASTEWATER OCTOBER 2023 154.00
245240 700-5300-480.33-04 0012 WATER WASTEWATER OCTOBER 2023 616.00 245241 700-5300-480.33-04 0013 PERSONNEL MATTERS OCTOBER 2023 7,824.30 245242 002-0000-222.34-01 0014 BUTTERFIELD/TRI PNT OCTOBER 2023 1,209.60 002-2800-361.41-02 0014 BUTTERFIELD/TRI PNT OCTOBER 2023 (1,209.60) 002-2800-441.33-04 0014 BUTTERFIELD/TRI PNT OCTOBER 2023 1,209.60 245243 700-5300-480.33-04 0021 CODE ENFORCEMENT OCTOBER 2023 49.00 245244 700-5300-480.33-04 0022 POLICE PERSONNEL MAT OCTOBER 2023 7,320.70 245245 700-5300-480.33-04 0031 CANNABIS TAX & ORDIN OCTOBER 2023 840.00 245246 002-0000-222.31-37 0068 SUNSET CROSSROADS OCTOBER 2023 33.60 002-2800-361.41-02 0068 SUNSET CROSSROADS OCTOBER 2023 (33.60) 002-2800-441.33-04 0068 SUNSET CROSSROADS OCTOBER 2023 33.60 245247 700-5300-480.33-04 0070 BANNING AIRPORT OCTOBER 2023 858.00 245248 002-0000-222.31-51 0078 ADV PASS ACTION GRP OCTOBER 2023 599.80 002-2800-361.41-02 0078 ADV PASS ACTION GRP OCTOBER 2023 (599.80) 002-2800-441.33-04 0078 ADV PASS ACTION GRP OCTOBER 2023 599.80 245249 700-5300-480.33-04 0082 ADV PHILLIP GOEBELS OCTOBER 2023 2,560.80 245250 700-5300-480.33-04 0083 AIRPORT GROUND LEASE OCTOBER 2023 7,205.00 245251 700-5300-480.33-04 0084 PEOPLE OF THE STATE OCTOBER 2023 3,028.80 245252 700-5300-480.33-04 0085 V SKYDIVE WEST COAST OCTOBER 2023 8,765.61 8 147
City of Banning
Warrant List Detail December 2023
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount
189686 12/14/2023 RICHARDS, LORENA MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189687 12/14/2023 RIV. CO. CLERK RECORDER 23-52362 690-9600-453.33-11 2022 CERTIFIED ASSESSMENT ROLL - ORG DATE 2/28/202 52.00 189688 12/14/2023 RIVERA, KATHLEEN MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189689 12/14/2023 ROEBUCK, ALYSSA MEALS 12/5 001-2200-421.23-06 STRATEGIC COMM/ DRIVER AW MEALS 12/5 ROEBUCK 16.50 189690 12/14/2023 SCA OF CA, LLC 157547PS 031802 100-4900-431.33-11 STREET SWEEPING SRVCS 10,080.00 189691 12/14/2023 SCCI, INC DBA 225168 032413 660-6300-471.23-06 SAFETY MEETING 250.00 225596 032413 660-6300-471.23-06 SAFETY MEETING 250.00
189692 12/14/2023 SCHULZE, DOUG TRAVEL 12/4-6 001-1200-412.23-05 ICMA CONFERENCE TRAVEL 12/4-6 SCHULZE 37.81 189693 12/14/2023 SCPPA 1123 670-7000-473.23-05 SCPPA 2023 ANNUAL CONF 1,440.00 032639 675-7020-473.33-25 SOLAR ELECTRICAL DIAGRAM 1,750.09 032655 670-7010-473.33-11 WREGIS-ASTORIA 2 RS 20.00
189694 12/14/2023 SHRED-IT USA, LLC 8005294675 032398 001-2200-421.23-07 PD SHREDIT 158.22 8005295374 032593 705-4500-412.33-11 PAPER SHREDDING SERVICE 233.82 189695 12/14/2023 SIQUEIROS, JUANA MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189696 12/14/2023 SMITH, BRANDON TUITION FY24 001-2200-421.25-09 TUITION REIMBURSEMENT B SMITH 950.00 189697 12/14/2023 SMITH, JOHN MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189698 12/14/2023 SOLANO, PATRICIA MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT MOUNTAINVIEW PARK MGMT 195.00 189699 12/14/2023 SOUTHERN CALIFORNIA GAS CO 09242310481NV23 702-3800-480.36-61 NATURAL GAS VEHICLE FUEL NOVEMBER 2023 10,040.48 189700 12/14/2023 STAPLES BUSINESS ADVANTAGE 3552650956 032284 761-3100-480.36-00 UB OFFICE SUPPLIES 152.15 3554007220 032186 705-4500-412.36-00 HP TONER 504.68
189701 12/14/2023 STC TRAFFIC INC 6537 032104 101-4900-431.93-16 RAPID FLSHNG BEACONS 1,477.50 189702 12/14/2023 STEWARD, JOHN 100123-17218 AC 675-7020-473.42-35 REBATE RES CENTRAL AC SPLIT SYSTEM 1,800.00 189703 12/14/2023 TAPIA, SALOMON MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189704 12/14/2023 THORNTON, MEL MAY23 - OCT23 670-7000-357.38-10 MEDICAL DISCOUNT SUN COMMUNITIES 120.00 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189705 12/14/2023 TIME WARNER/CHARTER 0015614120123 001-2400-422.26-09 172 N MURRAY ACCT# 8448 41 081 0015614 32.12 0017099120123 001-2400-422.26-09 3900 W WILSON ACCT# 8448 41 081 0017099 210.73 0051007112523 001-2060-446.26-09 CITY HALL ACCT# 8448 41 081 0051007 146.95 189706 12/14/2023 TRENCH SHORING COMPANY RI20355603 032226 660-6300-471.32-05 AIR BAG W/PROTECT SLEEVE 1,800.00 189707 12/14/2023 UNITED STATES POSTAL SERVICE PO BOX 985-24 761-3100-480.23-04 PO BOX 985 FY2024 12 MONTH RENEWAL 248.00 PO BOX 998-24 705-4500-412.23-04 PO BOX 998 FY2024 12 MONTH RENEWAL 388.00 189708 12/14/2023 UNITED WATER WORKS, INC S100125628.002 660-0000-131.00-00 INVENTORY PO NUM 032200 465.06 S100126220.001 660-0000-131.00-00 INVENTORY PO NUM 032200 7,863.63 189709 12/14/2023 VALDEZ JR, MARY ALICE & ANTONIO MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189710 12/14/2023 VALENCIA, MARIBEL MAY23 - OCT23 675-7020-473.42-36 LOW INCOME DISCOUNT SUN COMMUNITIES 195.00 189711 12/14/2023 VEOLIA WATER CONTRACT OPERATIONS US 9000106812 031245 680-8000-454.23-38 O&M FEE- JULY 73,434.00 189712 12/14/2023 VILLEGAS, JOSE MAY23 - OCT23 670-7000-357.38-10 MEDICAL INCOME MOUNTAINVIEW PARK MGMT 120.00 675-7020-473.42-36 LOW INCOME DISCOUNT MOUNTAINVIEW PARK MGMT 195.00 189713 12/14/2023 WESTERN AUDIO VISUAL & SECURITY 19517 032547 001-2200-421.90-46 PD AUDIO VISUAL 22,472.65 189714 12/14/2023 WILLIAMS, KAYLA NOVEMBER 2023 001-4000-461.23-15 DANCE INSTRUCTION NOVEMBER 2023 17.50 189715 12/21/2023 ALBERT A. WEBB ASSOCIATES ARIV0001860 032070 661-6300-471.33-11 CEQA COMPLIANCE-ARPA PROJ 12,275.70 ARIV0001955 030269 101-4900-431.93-16 SUN LAKES BLVD EXT. DESIG 15,589.50 189716 12/21/2023 ALL STAR ELITE SPORTS 3877 032275 001-4000-461.25-02 SHIRTS 603.80 189717 12/21/2023 ALTA PLANNING + DESIGN INC 00-2022-112-17 031499 102-4904-431.93-04 CALTRANS FUNDED SB1 GRANT 2,806.67 189718 12/21/2023 AMAZON BUSINESS 17KK-NNHJ-143X 032292 705-4500-412.36-00 AA,AAAA,C,D BATTERIES 131.32 19D1-R1DH-3LX7 032296 001-4000-461.36-09 CHRISTMAS SUPPLIES 256.37 1VXJ-J1JF-Q4PR 032299 001-1900-412.36-00 LAPTOP STANDS (3) 35.52 189719 12/21/2023 AMERICAN FIDELITY ASSURANCE DECEMBER 2023 001-0000-204.80-04 HEALTH FSA 12/1-12/15 4,030.50 HEALTH FSA 12/16-12/31 4,030.50
001-0000-204.80-05 DEPENDENT CARE 12/1-12/15 558.33
DEPENDENT CARE 12/16-12/31 558.33
NOVEMBER 2023 001-0000-204.80-04 HEALTH FSA 11/1-11/15 4,030.50 HEALTH FSA 11/16--11/30 4,030.50
001-0000-204.80-05 DEPENDENT CARE FSA 11/1-11/15 558.33 DEPENDENT CARE FSA 11/16-11/30 558.33
9 148
City of Banning
Warrant List Detail December 2023
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount
189720 12/21/2023 ARTISTIC MAINTENANCE, INC. 0192269-IN 030561 111-4900-432.23-29 LMD MAINTENANCE 4,092.00 189721 12/21/2023 AT&T CALNET 2 000020904385 001-2200-421.26-05 NOVEMBER 2023 BAN# 9391060200 399.96 189722 12/21/2023 ATBACKGROUNDS 2792 001-1300-412.33-11 BACKGROUND SCREEN JUNE 2022 75.00 3115 001-1300-412.33-11 BACKGROUND SCREEN DECEMBER 2022 195.31 3165 001-1300-412.33-11 BACKGROUND SCREEN JANUARY 2023 153.50 3268 001-1300-412.33-11 BACKGROUND SCREEN MARCH 2023 714.31 3446 001-1300-412.33-11 BACKGROUND SCREEN JUNE 2023 632.43 3558 001-1300-412.33-11 BACKGROUND SCREEN AUGUST 2023 169.68 3615 001-1300-412.33-11 BACKGROUND SCREEN SEPTEMBER 2023 183.93 3674 001-1300-412.33-11 BACKGROUND SCREEN OCTOBER 2023 514.32 3730 001-1300-412.33-11 BACKGROUND SCREEN NOVEMBER 2023 94.93 189723 12/21/2023 AUER, WILLIAM TUITION FY24B 001-2200-421.25-09 TUITION REIMBURSEMENT 2 COURSES-PER BPOA MOU 1,242.00 189724 12/21/2023 AUTOMATED GATE SERVICES, INC. 0015062 032353 704-3200-412.30-01 GATE REPAIR- CITY YARD 336.00 189725 12/21/2023 BARRY ANINAG INVESTIGATIONS LLC 23-05B 700-5040-480.33-11 ADMIN INVESTIGATION PD 7,751.25 23-07C 700-5040-480.33-11 ADMIN INVESTIGATIONS PD 8,423.25 23-07D 700-5040-480.33-11 ADMIN INVESTIGATION PD 7,800.00 189726 12/21/2023 BEAUMONT DO IT BEST HOME CENTER 536063 032278 001-3600-461.30-02 PARK PEST CONTROL 110.99 536131 032277 001-4000-461.30-02 PEST CONTROL SUPPLIES 71.34 536391 032304 100-4900-431.36-00 SPRAY PAINT 7.64
536397 032304 704-3200-412.30-02 V-BELT 10.76
536408 032304 704-3200-412.30-02 V-BELT 0.86
536438 032278 001-3600-461.30-01 PARK SUPPLIES 30.57
536448 032278 001-4000-461.36-03 KITCHEN CLEANING SUPPLIES 76.18 536454 032304 704-3200-412.30-02 ELONG SEAT 32.31
536492 032278 001-3600-461.30-01 SANDING SUPPLIES 35.85 536656 032304 704-3200-412.36-00 TOOLS/SUPPLIES 24.95
536723 032304 100-4900-431.36-00 REDI-MIX CONCRETE 221.88 536839 032304 100-4900-431.36-00 SCREW 2.48
536908 032304 704-3200-412.30-02 STEEL ROOFING 213.28
189727 12/21/2023 BIO-TOX LABORATORIES 44395A 032466 001-2200-421.33-31 CHP BLOOD ALCOHOL 316.00 189728 12/21/2023 BLAIS & ASSOCIATES, LLC BA_6600_2023 031313 100-4900-431.33-11 RAMSEY PEDESTRIAN 142.50 BA_6601_2023 030062 001-1200-412.33-11 PUBLIC WORKS GRANTS 1,821.93 100-4900-431.33-11 PUBLIC WORKS GRANTS 204.61
660-6300-471.33-11 PUBLIC WORKS GRANTS 450.02
680-8000-454.33-11 PUBLIC WORKS GRANTS 481.33
690-9600-453.33-11 PUBLIC WORKS GRANTS 204.61
189729 12/21/2023 CANON FINANCIAL SERVICES, INC 31709981 032336 001-4000-461.32-06 COPIER LEASE 178.45 660-6300-471.32-06 COPIER LEASE 178.45
670-7000-473.32-06 COPIER LEASE 712.01
705-4500-412.32-06 COPIER LEASE 685.25
761-3100-480.32-06 COPIER LEASE 127.70
189730 12/21/2023 CAPPO 11272023 001-1910-412.23-03 2024-25 CAPPO MEMBERSHIP HEIDT-MASON-MUNOZ-ROWLAND 560.00 189731 12/21/2023 CAROLLO ENGINEERS FB44641 031931 660-6300-471.33-11 BANNING ON CALL SERVICES 704.00 189732 12/21/2023 CHAPMAN, TERI & CHARLES REBATE WINDOW 675-7020-473.42-66 REBATE-WINDOW 11/11/23 407.44 REBATE-WINDOW 9/11/23 527.07
189733 12/21/2023 CINTAS CORPORATION 4174230286 032319 100-4900-431.25-02 UNIFORM SERVICES 84.83 704-3200-412.25-02 UNIFORM SERVICES 2.19
4174940493 032319 100-4900-431.25-02 UNIFORM SERVICES 84.83 704-3200-412.25-02 UNIFORM SERVICES 2.19
4175619326 032319 100-4900-431.25-02 UNIFORM SERVICES 84.83 704-3200-412.25-02 UNIFORM SERVICES 2.19
4176405722 032319 100-4900-431.25-02 UNIFORM SERVICES 84.83 704-3200-412.25-02 UNIFORM SERVICES 2.19
4176405843 032318 670-7000-473.25-02 UNIFORM CLEANING SERVICES 336.20 4177054229 032431 702-3800-480.25-02 FLEET UNIFORMS 71.88 10 149
City of Banning
Warrant List Detail December 2023
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount
189733 12/21/2023 CINTAS CORPORATION 4177054355 032432 610-5800-434.25-02 TRANSIT UNIFORMS 115.78 610-5850-434.25-02 TRANSIT UNIFORMS 10.78
189734 12/21/2023 CONCENTRA MEDICAL CENTERS 0944973933OC23A 001-1300-412.33-32 MEDICAL VISIT - FOLLOW UP 146.75 0944973933OCT23 001-1300-412.33-32 MEDICAL VISIT/FOLLOW UP 242.84 80294675 001-1300-412.33-32 PRE-EMPLOYMENT PHYSICALS DOT RE-CERT PHYSICALS 43.00 80519682 001-1300-412.33-32 PRE-EMPLOYMENT PHYSICALS DOT RE-CERT PHYSICAL 153.00 80595895 001-1300-412.33-32 PRE-EMPLOYMENT PHYSICALS DOT RE-CERT PHYSICAL 110.00 80670930 001-1300-412.33-32 PRE-EMPLOYMENT PHYSICALS DOT RE-CERT PHYSICAL 110.00 80823787 001-1300-412.33-32 PRE-EMPLOYMENT PHYSICALS DOT RE-CERT PHYSICALS 55.00 80892706 001-1300-412.33-32 PRE-EMPLOYMENT PHYSICALS DOT RE-CERT PHYSICALS 130.00 80972458 001-1300-412.33-32 PRE-EMPLOYMENT PHYSICALS DOT RE-CERT PHYSICALS 43.00 81040827 001-1300-412.33-32 PRE-EMPLOYMENT PHYSICALS DOT RE-CERT PHYSICALS 153.00 81115588 001-1300-412.33-32 PRE-EMPLOYMENT PHYSICALS DOT RE-CERT PHYSICALS 203.00 81189213 001-1300-412.33-32 PRE-EMPLOYMENT PHYSICALS DOT RE-CERT PHYSICALS 105.00 81191769 001-1300-412.33-32 PRE-EMPLOYMENT PHYSICALS DOT RE-CERT PHYSICALS 434.00 81264901 001-1300-412.33-32 PRE-EMPLOYMENT PHYSICALS DOT RE-CERT PHYSICALS 369.00 81337849 001-1300-412.33-32 PRE-EMPLOYMENT PHYSICALS DOT RE-CERT PHYSICALS 434.00 189735 12/21/2023 CORE & MAIN, LP T956407 660-0000-131.00-00 INVENTORY PO NUM 032355 2,324.17 189736 12/21/2023 COUNSELING TEAM INTERNATIONAL, THE 87748 700-5040-480.23-07 PSYCH ASSESSMT SVC AUGUST 2023 700.00 88212 700-5040-480.23-07 PSYCH ASSESSMT SVC SEPTEMBER 2023 700.00 88529 700-5040-480.23-07 PSYCH ASSESSMT SVC OCTOBER 2023 700.00 88757 700-5040-480.23-07 PSYCH ASSESSMT SVC OCTOBER 2023 325.00 88982 700-5040-480.23-07 PSYCH ASSESSMT SVC NOVEMBER 2023 150.00 88985 700-5040-480.23-07 PSYCH ASSESSMT SVC NOVEMBER 2023 325.00 89092 700-5040-480.23-07 PSYCH ASSESSMT SVC NOVEMBER 2023 700.00 89303 700-5040-480.23-07 PSYCH ASSESSMT SVC DECEMBER 2023 700.00 189737 12/21/2023 CYBERTIME NETWORK COMMUNICATIONS 1521-231201 032557 660-6300-471.26-07 CITYWIDE LOOPED MMICROWAV 1,900.00 1522-231202 032558 703-3700-480.30-19 INTERNET FEED TO FIREWALL 699.00 189738 12/21/2023 DEUSENBERRY, DANIEL MEALS 2/22-2/24 001-2200-421.23-06 FTO UPDATE TRAINING BCTC FEB 22-24,2021 RVRSD 42.50 189739 12/21/2023 DIAMOND ENVIRONMENTAL SERVICES 0004867122 032415 001-3600-461.30-01 DYSART RESTROOMS 285.40 0004919716 032415 001-5400-446.41-86 HISPANIC HERITAGE RESTROO 350.60 189740 12/21/2023 ENTERPRISE FM TRUST FBN4916286 001-2200-421.32-06 PD #40 DECEMBER 2023 370.02 001-2300-424.32-06 ANIMAL CONTROL #80 DECEMBER 2023 927.47 001-2400-422.32-06 FIRE #110 LEASE DECEMBER 2023 442.06 001-2740-442.32-06 CODE ENFOR #437 438 DECEMBER 2023 1,029.39 001-3000-442.32-06 ENGINEERING #1201 DECEMBER 2023 772.76 001-3600-461.32-06 PARKS #702 703 704 DECEMBER 2023 1,545.15 100-4900-431.32-06 STREETS #600 626 627 628 DECEMBER 2023 2,334.12 STREETS LEASE #624 625 DECEMBER 2023 1,274.31
660-6300-471.32-06 WATER 817 830 831 833 838 839 840 841 908 DEC 2023 6,270.64 WATER LEASE #802 804 DECEMBER 2023 1,506.94
670-7000-473.32-06 ELEC #302 310 314 317 318 DECEMBER 2023 3,495.95 702-3800-480.32-05 FLEET #1001 205 DECEMBER 2023 744.69 761-3110-480.32-06 METER #505 DECEMBER 2023 441.65
189741 12/21/2023 EXECUTIVE FACILTIES SERVICES INC 30522 032334 704-3200-412.33-18 JANITORIAL SERVICES 15,187.69 189742 12/21/2023 FRONTIER COMMUNICATIONS 9511970620DEC23 001-2200-421.26-05 951-197-0620 11/27/23-12/26/23 231.59 9518496778DEC23 001-2200-421.26-05 951-849-6778 DECEMBER 2023 60.78 9518497124DEC23 705-4500-412.26-05 951-849-7124 12/10/23-1/9/23 138.19 9519220262DEC23 705-4500-412.26-05 951-922-0262 12/4/23-1/3/23 138.19 189743 12/21/2023 FUN EXPRESS 72793448401 001-0000-201.10-00 SALES TAX 032445 (17.17) 032445 001-4000-461.36-09 CHRISTMAS CRAFTS 238.76
72809415801 001-0000-201.10-00 SALES TAX 032445 (3.87)
032445 001-4000-461.36-09 ELF STAND UP 63.81
72813510501 001-0000-201.10-00 SALES TAX 032447 (7.38)
032447 201-4060-446.42-07 CHRISTMAS DECORATIONS 112.50
11 150
City of Banning
Warrant List Detail December 2023
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount
189744 12/21/2023 GAS COMPANY, THE 12662493001DC23 001-2400-422.26-06 3900 W WILSON ACCT# 126 624 9300 1 48.14 189745 12/21/2023 GHJ ADVISORS 83152 032495 700-5300-480.33-04 FORENSIC INVEST - ELEC 21,338.00 189746 12/21/2023 GRAINGER 9928415091 032535 704-3200-412.30-02 PUSH-TILT HANDLE 153.48 189747 12/21/2023 HAZEN AND SAWYER 20062-001-42 029243 661-6300-471.90-78 DRILL CONS DEV TEST OF C8 7,174.19 661-6300-471.95-08 DRILL CONS DEV TEST OF C8 16,731.81
189748 12/21/2023 HOME DEPOT #8987 2374235 032194 704-3200-412.36-00 METAL SURGE 86.66 4010897 032194 704-3200-412.36-00 RDYNL MEDIUM KIT 13.22 6011604 032194 704-3200-412.30-02 TOOLS/SUPPLIES 220.75 189749 12/21/2023 HUBBURT, KEVIN MEALS 8/10/22 001-2200-421.23-06 REPORT WRITING COURSE HUBBURT MEALS 8/10/2022 12.75 189750 12/21/2023 HUERTA, MELIDA 000109657 001-0000-218.22-22 UB CR REFUND-FINALS 000001496 208.96 189751 12/21/2023 IMPERIAL SUPPLIES, LLC I0017V9942 032315 702-3800-480.38-52 PARTS FOR STOCK 166.49 189752 12/21/2023 JNE POLYGRAPH LLC 1702 001-1300-412.33-11 PRE-EMPLOY POLYGRAPH 1 APPLICANT 425.00 1723 001-1300-412.33-11 PRE-EMPLOY POLYGRAPH 1 APPLICANT 425.00 1729 001-1300-412.33-11 PRE-EMPLOYMT POLYGRAPH 6 APPLICANTS 2,550.00 189753 12/21/2023 JONES, SANDRA 96035-51720 AC 675-7020-473.42-35 REBATE RES CENTRAL AC SPLIT SYSTEM 1,800.00 189754 12/21/2023 LANGUAGE TESTING INTERNATIONAL L75620-IN 001-1300-412.33-11 BILINGUAL TEST AUGUST 2023 281.00 L78233-IN 001-1300-412.33-11 BILINGUAL TEST NOVEMEBR 2023 80.50 189755 12/21/2023 LIEBERT CASSIDY WHITMORE 249333 700-5300-480.33-04 GENERAL BA060-00001 304.50 250261 700-5300-480.33-04 WRIT OF MANDATE BA060-00045 408.50 250304 700-5300-480.33-04 NEGOTIATIONS 2023 BA060-00049 130.50 250313 700-5300-480.33-04 ERMA COMPLAINT BA060-00050 588.00 250322 700-5300-480.33-04 ERMA COMPLAINT BA060-00051 69.00 250340 700-5300-480.33-04 HEALTH REOPENER NEG BA060-00053 391.50 189756 12/21/2023 LOADER, MICHAEL ADPP 12/1/23 001-0000-112.00-00 ADVANCE DISABILITY DECEMBER 2023 5,540.74 189757 12/21/2023 LOZANO SMITH LLP 2198691 700-5300-480.33-04 LEGAL SVC #000091 97.50 2198704 700-5300-480.33-04 LEGAL SVC #000123 227.50
2198705 700-5300-480.33-04 LEGAL SVC #000124 845.00
2198708 700-5300-480.33-04 LEGAL SVC #000127 682.75
2198711 700-5300-480.33-04 LEGAL SVC #000130 650.25
2201297 700-5300-480.33-04 LEGAL SVC #000091 130.00
2201307 700-5300-480.33-04 LEGAL SVC #000123 12,468.25
2201308 700-5300-480.33-04 LEGAL SVC #000124 130.00
2201311 700-5300-480.33-04 LEGAL SVC #000127 690.50
2201313 700-5300-480.33-04 LEGAL SVC #000130 325.00
2201318 700-5300-480.33-04 LEGAL SVC #000135 3,847.50
2203471 700-5300-480.33-04 LEGAL SVC #000123 292.50
2203472 700-5300-480.33-04 LEGAL SVC #000124 390.00
2203474 700-5300-480.33-04 LEGAL SVC #000127 2,057.00
2203476 700-5300-480.33-04 LEGAL SVC #000130 162.50
2203481 700-5300-480.33-04 LEGAL SVC #000135 5,761.50
2206023 700-5300-480.33-04 LEGAL SVC #000123 910.00
2206024 700-5300-480.33-04 LEGAL SVC #000124 162.50
2206026 700-5300-480.33-04 LEGAL SVC #000127 2,518.50
2206028 700-5300-480.33-04 LEGAL SVC #000130 227.50
2206032 700-5300-480.33-04 LEGAL SVC #000135 10,401.00
189758 12/21/2023 MARIPOSA LANDSCAPES, INC 105266 032405 001-2200-421.23-29 LANDSCAPE MAINTENANCE 2,438.13 001-2400-422.30-01 LANDSCAPE MAINTENANCE 1,812.00
100-4900-431.23-29 LANDSCAPE MAINTENANCE 2,918.10
704-3200-412.23-29 LANDSCAPE MAINTENANCE 2,332.13
189759 12/21/2023 MEZA, TOMMY & GLORIA MAY23 - NOV23 675-7020-473.42-36 LOW INCOME DISCOUNT MASTER METER RESIDENT 195.00 189760 12/21/2023 MGT OF AMERICA CONSULTING, LLC 55947 032269 705-4500-412.33-11 FY22 COB CAP & ISF 19,658.00 189761 12/21/2023 MITSUBISHI ELECTRIC & ELECTRONICS 473188 031409 001-3200-412.30-02 REGULAR SERVICE 341.67 189762 12/21/2023 MIXON, FRANKLEN COMP LOAN FY24 001-0000-116.21-03 COMPUTER LOAN- EMPLOYEE F MIXON 2,288.21 189763 12/21/2023 NOLLETTE, BRADY MEAL 03/15/2022 001-2200-421.23-06 DRIVER AWARENESS RIVERSIDE-NOLLETTE 12.75 MEALS 11/28-30 001-2200-421.23-06 DUI TRAINING MEALS 11/28-30 NOLLETTE 42.50 12 151
City of Banning
Warrant List Detail December 2023
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount
189763 12/21/2023 NOLLETTE, BRADY MEALS 2/24/2022 001-2200-421.23-06 ARREST & CONTROL BATON RIVERSIDE CA 12.75 MEALS 9/27-29 001-2200-421.23-06 DRUG ABUSE RECOGNITION MEALS 9/27-29/2022 BRADY 42.50 189764 12/21/2023 NOTTINGHAM, MICHAEL MEALS 2/24/2022 001-2200-421.23-06 ARREST & CONTROL BATON RIVERSIDE CA 12.75 189765 12/21/2023 OLIN CORPORATION 900338973 032622 660-6300-471.36-08 SODIUM HYPOCHLORITE 6,067.92 189766 12/21/2023 ORACLE AMERICA INC 101066296 032099 222-0001-410.90-49 TIME AND MAATERIAL 13,613.96 189767 12/21/2023 PARTS AUTHORITY 062-758048 032423 702-3800-480.38-52 OIL-AUTOMATIC #37 7.37 062-759766 032423 702-3800-480.38-52 CONTR-ARM ASSET #09 50.15 091-319203 032423 702-3800-480.38-52 GLOVES PKS/REC 448.25 091-319209 032423 702-3800-480.38-52 GLOVE PKS/REC SUPPLIES 174.23 091-319210 032423 702-3800-480.38-52 GLOVES PKS/REC SUPPLIES 95.04 091-319219 032423 702-3800-480.38-52 ASSEMBLEE GOO TRANS 13.24 091-319239 032423 702-3800-480.38-52 GLOVES PARKS/REC 95.04 091-319254 032423 702-3800-480.38-52 OIL-AUTO #37 36.85 091-319272 032423 702-3800-480.38-52 SUPPLIES 132.76
091-57497 032423 702-3800-480.38-52 CREDIT NEW RETURN (448.25) 091-57502 032423 702-3800-480.38-52 BTTY CORE, NEW PART (93.50) 092-598118 032423 702-3800-480.38-52 OIL-AUTOMAT #37 36.85 117-470039 032423 702-3800-480.38-52 CONTR-ARM ASSEL #09 50.15 80529901 032423 702-3800-480.38-52 BRAKE,ROTOR #95 1,635.84 189768 12/21/2023 PAYPRO ADMINISTRATORS 039205 001-1300-412.33-11 COBRA ADMIN SVC AUGUST 2023 143.00 039565 001-1300-412.33-11 COBRA ADMIN SVC SEPTEMBER 2023 115.00 039920 001-1300-412.33-11 COBRA ADMIN SVC OCTOBER 2023 115.00 040176 001-1300-412.33-11 COBRA ADMIN SVC NOVEMEBR 2023 115.00 189769 12/21/2023 PUBLIC AGENCY RETIREMENT SERVICES 54444 001-1900-412.33-11 PARS PLN ID#PH-ARS05A SVC PERIOD 10/31/2023 300.00 189770 12/21/2023 PUBLIC ENTITY RISK MANAGEMENT INV112 Q2 700-0000-201.00-00 LIABILITY TRUST DEP Q2 FY2023-2024 14,589.00 INV147-Q3 700-0000-201.00-00 LIABILITY TRUST DEP Q3 FY2023-2024 14,589.00 INV177 700-0000-201.00-00 LIABILITY TRUST REPLEN BALANCE AS OF 9/30/23 14,904.18 189771 12/21/2023 REAVIS CODE UTILITY SOLUTIONS, LLC 1651 670-7000-473.23-05 RCUS USER ADVISORY CONF REGISTRATION SORIANO 200.00 RCUS USER ADVISORY CONF REGISTRATION UTLEY 200.00
189772 12/21/2023 RINCON CONSULTANTS, INC. 53040 032619 660-6300-471.33-11 ENVIRONMENTAL SITE ASSMNT 3,194.28 189773 12/21/2023 RIVERSIDE HOUSING DEVELOPMENT 000075991 001-0000-218.22-22 UB CR REFUND-FINALS 000021874 42.86 189774 12/21/2023 SMITH, JASON MEALS 10/17-20 670-7000-473.23-05 SURVALENT CONFERENCE MEALS 10/17-20/22 SMITH 299.00 189775 12/21/2023 SO CAL JOINT POLE COMMITTEE 22001 670-7000-473.27-11 OPERATING EXPENSES NOVEMBER 2023 873.99 189776 12/21/2023 SORIANO, RICHARD MEALS 10/17-19 670-7000-473.23-05 RCUS USER ADVISORY CONF MEALS 10/17-19 SORIANO 189.75 189777 12/21/2023 STAPLES BUSINESS ADVANTAGE 3553500527 032343 704-3200-412.36-03 JANITORIAL SUPPLIES 1,150.07 3554084645 032342 001-2200-421.36-00 SUPPLIES FOR PD 317.53 189778 12/21/2023 STATE OF CALIFORNIA DOJ 680748 001-2200-421.33-94 FINGERPRINTS AUGUST 2023 454.00 687834 001-2200-421.33-94 FINGERPRINTS SEPTEMBER 2023 424.00 694667 001-2200-421.33-94 FINGERPRINTS OCTOBER 2023 147.00 701234 001-2200-421.33-94 FINGERPRINTS NOVEMBER 2023 98.00 189779 12/21/2023 STATE WATER RESOURCES CONTROL WD-0234492 680-8000-454.41-04 AN PERMIT FEE 7A330100015 7/1/23-6/30/24 44,554.00 189780 12/21/2023 TEAMCALIFORNIA ECONOMIC DEV CORP 3094 001-1210-412.23-03 ECON DEV ORGANIZATION 1/1/2024-6/30/24 1,250.00 189781 12/21/2023 TERMINIX COMMERCIAL 07012023 031948 001-2200-421.23-24 PEST CONTROL SERVICES 1,746.00 001-2400-422.23-24 PEST CONTROL SERVICES 1,047.60
001-3600-461.23-24 PEST CONTROL SERVICES 1,047.60
001-4000-461.23-24 PEST CONTROL SERVICES 640.20
001-4050-461.23-24 PEST CONTROL SERVICES 698.40
670-7000-473.23-24 PEST CONTROL SERVICES 814.80
704-3200-412.23-24 PEST CONTROL SERVICES 2,968.20
189782 12/21/2023 TERMONFILS, KEVIN MEAL 03/15/2022 001-2200-421.23-06 ARREST & CONTROL BATON RIVERSIDE-TERMONFILS 12.75 MEAL 5/26/2021 001-2200-421.23-06 EVOC DRIVER TRAINING 8HR 12.00 MEAL 8/3/2021 001-2200-421.23-06 REPORT WRITING 8/3/2021 BCTC RIVERSIDE 12.75 MEALS 01/19-21 001-2200-421.23-06 MEALS - LA TRAINING K TERMONFILS 168.50 MEALS 12/13-14 001-2200-421.23-06 SFST COURSE BANNING, CA 12/13-14 25.50 189783 12/21/2023 TEXAS LIFE INSURANCE COMPANY DECEMBER 2023 001-0000-204.30-00 TEXAS LIFE INSURANCE DECEMBER 2023 6,366.13 13 152
City of Banning
Warrant List Detail December 2023
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount
189784 12/21/2023 TIME WARNER CABLE 0331839112523 670-7000-473.26-07 FIBER OPTIC INTERNET 11/25/23-12/24/23 983.37 0332241112523 670-7000-473.26-07 FIBER OPTIC INTERNET 11/25/23-12/24/23 983.37 189785 12/21/2023 TIME WARNER CABLE (086811201) 086811201120123 670-7000-473.26-09 BUSINESS TV-DEC 2023 ACCT# 086811201 95.01 189786 12/21/2023 TRANSTECH ENGINEERS, INC 20235845 030149 001-3000-442.33-53 20485 BANN RANCH TRACT 3,542.50 20235846 030149 001-3000-442.33-53 230421 BANN 1750 WESTWARD 286.00 20235847 030149 001-3000-442.33-53 231224 BANN RPPLIR & FLRD 612.50 20236321 030149 001-3000-442.33-53 20485 BANN RANCH TRACT 1,872.00 189787 12/21/2023 UNITED STATES POSTAL SERVICE PO BOX 1177-24 001-2200-421.23-04 PO BOX 1177 FY2024 12 MONTH RENEWAL 388.00 189788 12/21/2023 UTLEY, AMBER MEALS 10/17-19 670-7000-473.23-05 RCUS USER ADVISORY CONF MEALS 10/17-19 UTLEY 189.75 189789 12/21/2023 VACA, YVETTE MEALS 8/23-8/25 001-2200-421.23-06 DUI-DRIVING UNDER THE INF RIVERSIDE CO SHERIFF DEPT 42.50 MEALS 9/15-16 001-2200-421.23-06 2021 RIV CO FIREARM TRAIN SEP 15-16,2021 LA QUINTA 25.50 189790 12/21/2023 VELA, ARTURO TRAVEL 12/4-7 001-3000-442.23-05 MEETINGS RE AIRPORT CLOSE TRAVEL 12/4-7 VELA 944.72 189791 12/21/2023 VEOLIA WATER CONTRACT OPERATIONS US 9000107928 031245 680-8000-454.23-38 O&M FEE- AUG 73,434.00 9000112094 031245 680-8000-454.23-38 O&M FEE- SEP 73,434.00 9000122104 031245 680-8000-454.23-38 O&M FEE- NOV 73,434.00 189792 12/21/2023 VERIZON WIRELESS SERVICES, LLC 9950723299 001-1000-411.26-05 City Council Cells 11/2/23-12/1/23 209.80 001-1200-412.26-05 City Manager Cell 11/2/23-12/1/23 292.07 001-1210-412.26-05 Economic Dev 11/2/23-12/1/23 46.25
001-1220-412.26-05 Public Information 11/2/23-12/1/23 41.51 001-1230-412.26-05 Grants Coordinator 11/2/23-12/1/23 34.54 001-1300-412.26-05 Human Resources 11/2/23-12/1/23 88.02 001-1400-412.26-05 City Clerk Cell 11/2/23-12/1/23 38.28 001-1900-412.26-05 Finance Cell phone 11/2/23-12/1/23 227.55 001-1910-412.26-05 Purchasing Cell 11/2/23-12/1/23 46.51 001-2060-446.26-05 Government Access 11/2/23-12/1/23 26.28 001-2200-421.26-05 Police Dept Cells 11/2/23-12/1/23 1,850.28 001-2210-421.26-05 Dispatch Cells 11/2/23-12/1/23 21.95 001-2300-424.26-08 Animal Control 11/2/23-12/1/23 88.02 001-2740-442.26-05 Code EnforcE 11/2/23-12/1/23 235.86
001-2800-441.26-05 Planning Dept Cell 11/2/23-12/1/23 457.94 001-3000-442.26-05 Engineering Dept 11/2/23-12/1/23 144.96 001-3200-412.26-05 Building Main 11/2/23-12/1/23 32.15
001-3600-461.26-05 Recreation Cells 11/2/23-12/1/23 116.50 001-4000-461.26-05 Parks Cells 11/2/23-12/1/23 193.82
001-4000-461.36-09 OEP Grant 11/2/23-12/1/23 41.51
001-4050-461.26-05 Senior Center 11/2/23-12/1/23 41.51
100-4900-431.26-05 Streets Dept Cells 11/2/23-12/1/23 287.76 610-5800-434.26-05 Transit Cells 11/2/23-12/1/23 584.62 610-5850-434.26-05 Dial-A-Ride Cell 11/2/23-12/1/23 32.49 660-6300-471.26-05 Water Dept Cells 11/2/23-12/1/23 780.48 670-7000-473.26-05 Electric Dept Cells 11/2/23-12/1/23 1,933.89 680-8000-454.26-05 Wastewater Dept 11/2/23-12/1/23 151.84 702-3800-480.26-05 Fleet Dept Cells 11/2/23-12/1/23 87.63 703-3700-480.26-05 Info Services Cells 11/2/23-12/1/23 186.04 761-3100-480.26-05 Utility Billing Cell 11/2/23-12/1/23 82.79 761-3110-480.26-05 Meter Services Cells 11/2/23-12/1/23 180.65 189793 12/21/2023 VIRTUAL PROJECT MANAGER, LLC 12-3843 032629 660-6300-471.30-17 WEB BASED PRJCT MGMT SYST 249.90 670-7000-473.30-17 WEB BASED PRJCT MGMT SYST 500.10
680-8000-454.30-17 WEB BASED PRJCT MGMT SYST 250.00
189794 12/21/2023 WALKER, LORRAINE TRAVEL 10/1-4 001-1300-412.25-05 CALPERS COURSE MEALS 10/1-4 WALKER 6.00 CALPERS COURSE MILEAGE 10/1-4 WALKER 111.74
189795 12/21/2023 WASTE MANAGEMENT OF THE IE NOVEMBER 2023 690-9600-356.38-95 21% FRANCHISE FEE NOVEMBER 2023 (55.64) 690-9600-453.23-10 REFUSE NOVEMBER 2023 264.95
189796 12/21/2023 WESTRUX INTERNATIONAL INC 04P234927 032404 702-3800-480.38-52 TANK RAD #337 524.25 189797 12/21/2023 WILLDAN FINANCIAL SERVICES 010-56866 032638 689-8000-454.33-11 FY22/23 SB 1029 CDIAC REP 250.00 14 153
City of Banning
Warrant List Detail December 2023
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount
189797 12/21/2023 WILLDAN FINANCIAL SERVICES 010-56993 375-4900-431.33-19 2004-1 FAIR OAKS 1-3/2024 INV 3 OF 4 FY023/24 870.72 189798 12/21/2023 YUNEX, LLC 5610000712 032407 100-4900-431.30-09 TRAFFIC SIGNAL CALL OUT 800.00 90000913 032407 100-4900-431.30-09 TRAFF. SIGNAL MAINT. 648.00 189799 12/29/2023 IBEW LOCAL 47 RETIREE MEDICAL TRUST 20231229 001-0000-204.80-10 PAYROLL SUMMARY 3,044.96 189800 12/29/2023 PARS 20231229 001-0000-204.25-00 PAYROLL SUMMARY 201.74 9007732 12/1/2023 WELLS FARGO BANK PPE 11/26/2023 001-0000-204.10-00 PAYROLL PPE 11/26/23 PD 12/01/23 617,862.32 9007733 12/4/2023 CA. ST. EMPLOYMENT DEV. DEPT. PPE 11/26/2023 001-0000-204.12-00 STATE INCOME TAX PPE 11/26/23 PD 12/01/23 45,635.20 9007734 12/4/2023 INTERNAL REVENUE SERVICE PPE 11/26/2023 001-0000-204.11-00 FEDERAL INCOME TAX PPE 11/26/23 PD 12/01/23 99,091.68 001-0000-204.13-00 ADD'L MEDICARE PPE 11/26/23 PD 12/01/23 615.19 FICA MEDICARE/REGULAR PPE 11/26/23 PD 12/01/23 107,502.80 9007735 12/4/2023 TASC PPE 11/26/2023 001-0000-204.80-15 TASC NESP PPE 11/26/23 PD 12/01/23 925.03 9007736 12/5/2023 WELLS FARGO BANK PPE 11/26/2023 001-0000-204.80-14 VEBA CONTRIBUTIONS PPE 11/26/23 PD 12/01/23 400.00 9007737 12/5/2023 CALPERS 457 PLAN - 450260 PPE 11/26/2023 001-0000-204.16-00 457 LOAN PAYMENTS PPE 11/26/23 PD 12/01/23 6,963.99 457 PRE TAX CONTRIBUTIONS PPE 11/26/23 PD 12/01/23 31,343.95 457 ROTH CONTRIBUTIONS PPE 11/26/23 PD 12/01/23 400.00
9007738 12/6/2023 WELLS FARGO CARD SERVICES INC WELLS ONE NOV23 001-0000-201.10-00 NAMETAGCOUNTRY.COM SALES TAX (1.70) 001-1000-411.23-05 COB CHAMBER COMM BREAKFAST C WALLACE 25.00 001-1000-411.23-06 LOCC 12/11 C WALLACE RIVERSIDE DIV 45.00 LOCC 12/11 FLYNN RIVERSIDE DIV 45.00
LOCC C WALLACE RIVERSIDE DIV 25.00
001-1200-412.23-03 APPLE.COM/BILL APPLE CLOUD STORAGE 0.99 CANVA REFUND FOR DOUBLE BILL (149.90)
CONSTANT CONTACT CM NEWSLETTER 110.00
001-1200-412.23-05 COB CHAMBER COMM BREAKFAST SCHULZE 25.00 KAFE ROYALE MAYORS & CM BREAKFAST 20.88
LAX SMARTPARKING RES 12/4-11 WASHINGTON DC 128.99
001-1210-412.23-03 COSTAR GROUP INC COMM PROP LIST & INFO 387.00 001-1210-412.23-05 COB CHAMBER COMM BREAKFAST M LOPEZ 25.00 001-1220-412.23-05 COB CHAMBER COMM BREAKFAST RILEY 25.00 001-1300-412.23-01 CANVA DESIGN SERVICES 12.99
001-1300-412.23-04 USPS CLAIMS SETTLEMENT 28.75
001-1300-412.23-05 ENTERPRISE RENT-A-CAR PERSONAL-WILL REIMBURSE 320.38 MARRIOTT BURBANK A/P 2023 CA LAW UPDATE PIHRA 220.89
PAYPAL-LCW 2/7-9 2024 LCW CONF JEWS 1,120.00
PAYPAL-LCW 2/7-9 2024 LCW CONF WALKER 1,120.00
PIHRA 5/20-22 2024 PIHRA CONF REG 999.00
001-1300-412.33-32 DISA GLOBAL SOLUTIONS DRUG/ALCOHOL SCREENS 2,379.30 001-1300-412.36-00 AMZN MKTP US OFFICE SUPPLIES 125.44
001-1300-412.36-68 AMZN MKTP US GIFT BAGS & WRAPPING 72.07 AMZN MKTP US HOLIDAY TABLECLOTHS 60.31
AMZN MKTP US HOLLIDAY TABLECLOTHS 30.28
AMZN MKTP US RAFFLE PRIZES 450.88
MACYS .COM RAFFLE PRIZES 129.51
PAYPAL-L&T CATERING DEPOSIT-CATERING 2,140.00
WALMART.COM RAFFLE PRIZES 321.69
001-1400-412.23-02 ASSESS CLERK RECORDER FEE CREDIT CARD 0.18 ASSESS CLERK RECORDER PRINTING OF DEED 8.00
001-1400-412.36-00 4IMPRINT, INC LOGO BAGS 675.48
4IMPRINT, INC LOGO TABLECLOTH 506.20
DISCOUNTMUGS.COM LOGO MUGS 1,829.87
NAMETAGCOUNTRY.COM ENAMEL NAME TAG 23.65
001-1900-412.23-03 CSMFO MEMBERSHIP BOGARD 135.00
CSMFO MEMBERSHIP WALLACE 135.00
001-1900-412.23-05 CSMFO 1/30-2/2 CSMFO CONF 2024 BOGARD 515.00 CSMFO 1/30-2/2 CSMFO CONF 2024 WALLACE 515.00
15 154
City of Banning
Warrant List Detail December 2023
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount
9007738 12/6/2023 WELLS FARGO CARD SERVICES INC WELLS ONE NOV23 001-1900-412.23-05 CSMFO 1/30-2/2 CSMFO CONF 24 DATUIN 515.00 LOCC 12/14-15 LOCC TRAINING BOGARD 500.00
LOCC 12/14-15 LOCC TRAINING WALLACE 500.00
001-1900-412.89-46 SCANDINAVIANDESIGN ASD OFFICE MEETING TABLE 753.18 001-1910-412.23-05 CAPPO 1/21-24 2024 CAPPO CONF MASON 495.00 CAPPO 1/21-24 2024 CAPPO CONF MUNOZ 495.00
CAPPO 1/21-24 2024 CAPPO CONF ROWLAND 495.00
001-2060-446.23-03 YOU TUBE PREMIUM SUBSCRIPTION NOV 2023 13.99 001-2200-421.23-04 FEDEX DA REPORT DELIVERY SVC 76.02
FEDEX LATE FEE 5.00
001-2200-421.23-06 COURTYARD MARRIOTT CAMPA DUI COURSE 1/4-6 329.40 RVSD SHERIFF BEN CLARK CANCEL/REFUND NOLLETTE (204.00)
SANTA MONICA INSTITUTE DUI COURSE CAMPA 1/5 159.00
SANTA MONICA INSTITUTE DUI NOTTINGHAM 1/12 159.00
SANTA MONICA INSTITUTE DUI TRAINING AVILA 1/12 159.00
SANTA MONICA INSTITUTE DUI YOUNGBLOOD 1/12 159.00
001-2200-421.30-05 IN GEAR TECHNOLOGY INSPECT/MAINT MOTORCYCLE 456.64 001-2200-421.36-00 CUSTOM TROPHIES PLAQUES YOUNGBLOOD/KELLY 161.62 HARBOR FREIGHT TOOLS TIRE GAUGE TOOL 18.31
PVP COMMUNICATIONS RADIO EQUIPMENT/CAMPA 1,420.15
PVP COMMUNICATIONS SUPPLIES/TRAFFIC CAMPA 551.62
PVP COMMUNICATIONS TRAFFIC EQUIP/LIDAR CERT 220.00
THE HOME DEPOT RAT/MOUSE KILLER 49.33
THE HOME DEPOT TOOLS FOR TRAFFIC 142.20
001-2200-421.36-01 DOOLEY ENTERPRISES INC AMMO FOR RANGE 4,872.46 001-2200-421.36-04 V & V MANUF BADGES 967.36
001-2200-421.36-07 LA CASITA #11 CORPORAL PANEL INTERVIEW 72.99 001-2200-421.36-62 ULINE SUPPLIES FOR P&E 1,151.27
001-2740-442.23-05 HYATT REGENCY 11/6-9 CACEO CONF CHACON 743.97 HYATT REGENCY MONTEREY TRAVEL 743.97
001-3000-442.23-05 AMERICAN AIR 12/4-6 TRAVEL TO DC A VELA 367.20 EXPEDIA 12/4-6 TRAVEL TO DC A VELA 407.97
UNITED 12/4-6 TRAVEL TO DC A VELA 226.20
001-3600-461.36-00 AMAZON.COM TOILET PAPER 45.26
AMZN MKTP US TOILET PAPER 46.19
001-3600-461.38-54 GRAINGER GRAFFITI REMOVER 344.92
001-4000-461.23-03 CANVA YEARLY SUBSCRIPTION 300.00
SPOTIFY MUSIC SUBSCRIPTION 10.99
WHENIWORK.COM SCHEDULING APP 125.00
001-4050-461.36-00 DOLLAR TREE SEN CEN DISPLAY BOARD 116.52 100-4900-431.38-54 SP WB GRAFF REMOVER GRAFFITI REMOVER 312.31 610-5800-434.23-06 UNIV OF THE PACIFIC STATE FUNDING 12/25 2/15 600.00 660-6300-471.25-02 THREAD LOGIC JACKETS 302.95
660-6300-471.45-16 THE HOME DEPOT PAINT/BACKFLOWS/HYDRANTS 202.06 670-7000-473.23-03 IEEE PROD & SVC IEEE MEMBERSHIP GRAY 218.00 IEEE PROD & SVC MEMBERSHIP ROBINSON 218.00
670-7000-473.23-05 EXPEDIA 12/6-7 IEEE MISGHINA 312.15
HYATT REGENCY 11/11-16 APPA CONF YOUNG 1,736.10
ONT AIRPT PRKING APPA CONF ROCKWELL/YOUNG 240.00
670-7000-473.23-06 APPA 11/12-2023 TRNG ROCKWELL/YOUNG 1,350.00 TECHSTREET LLC MISGHINA IEEE TRNG 214.00
670-7000-473.36-00 FAST 5 XPRESS CAR WASH 39.99
SAMSCLUB.COM BREAKROOM SUPPLIES 111.32
670-7000-473.45-02 CED UNDERGROUND WIRE 1,878.90
675-7020-473.23-03 NETWORK SOLUTIONS WEB SECURITY 12.98 16 155
City of Banning
Warrant List Detail December 2023
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount
9007738 12/6/2023 WELLS FARGO CARD SERVICES INC WELLS ONE NOV23 675-7020-473.23-06 HYATT REGENCY 11/11-16 APPA CONF ROCKWELL 1,427.60 675-7020-473.36-00 WAL-MART DEPARTMENT SUPPLIES 59.26
675-7020-473.41-46 COSTCO WHSE LIGHT UP YOUR HOLIDAYS 26.78 DOLLAR TREE SHOP WITH SANTA 155.29
OTC BRANDS INC LIGHT UP YOUR HOLIDAYS 259.96
PANERA BREAD MARKETING MEETING 93.29
ROSS STORES SHOP WITH SANTA 234.43
SAMS CLUB MARKETING MEETING 16.46
SAMS CLUB SEN CEN CHRISTMAS PARTY 141.31
SAMSCLUB.COM LIGHT UP YOUR HOLIDAYS 104.86
WALMART.COM CHRISTMAS LIGHT EXCHANGE 301.60
WWW.SNOWONDER.COM MARKET NIGHT 188.57
702-3800-480.23-06 HELM, LLC FORD FACTORY TRAINING 3,350.00 702-3800-480.30-05 PREMIER HYUNDAI KONA BATTERY REPAIR 208.10 702-3800-480.30-17 RTA FLEET SUCCESS RTA - PLATINUM UPGRADE 2,217.00 702-3800-480.38-52 AMAZON.COM 703 - TRAILER HITCH 56.58 AMAZON.COM 704 - TRAILER HITCH 113.16
AMZN MKTP US SCREEN PROTECTORS 40.68
LUS LIGHTHOUSE INC 341 - STROBE LAMPS 316.11
RUBBERCAL FUEL ISLAND TANK COVERS 581.85
703-3700-480.30-17 DIGICERT SSL CERT IBM ISERIES 2,309.00 GLUECKKANJA KONNEKT SOFTWARE 2,913.76
810-9700-490.90-59 4 BROS LIQUOR VILLAGE VOLUNTEERS 31.50 CARDENAS MARKET VILLAGE VOLUNTEERS 34.66
CARDENAS MARKETS VILLAGE VOLUNTEERS 21.52
GREYHOUND BALCOM TO HOUSTON 206.80
GUS JR NO7 VILLAGE VOLUNTEERS 63.40
JACK IN THE BOX VILLAGE VOLUNTEERS 15.34
LA VILLA BURGER VILLAGE VOLUNTEERS 22.00
LITHOPASS PRINTING STAFF BUSINESS CARDS 86.20
MCDONALDS VILLAGE VOLUNTEERS 77.24
RITE AID GIFT CARDS VOLUNTEERS 164.85
SHELL OIL VILLAGE VEHICLE CAR WASH 12.99
SMART AND FINAL TOILET TISSUE 43.08
WAL-MART SUPPLIES/ MONTISHA 103.92
9007739 12/6/2023 WINDSTREAM SERVICES, LLC 76075873 001-2200-421.26-05 PHONE SVC 125 E RAMSEY 10/27/23-11/26/23 1,857.58 9007740 12/6/2023 WINDSTREAM SERVICES, LLC 76076155 705-4500-412.26-05 PHONE SVC 176 E LINCOLN 10/27/23-11/26/23 1,878.75 9007741 12/7/2023 CA. ST. PUBLIC EMPLOYEES PPE 11/12/2023 001-0000-204.20-00 PERS ADJ-MISC PEPRA BROCK-ADJUST (4.04) PERS ADJ-MISC PEPRA PARQUE-ADJUST (7.09)
PERS ADJ-MISC PEPRA PATTON-ADJUST (19.39)
PERS ADJ-MISC PEPRA RUSH-CY23 OVER MAX (1,237.29)
PERS ADJ-MISC PEPRA SMITH, N-CY23 OVER MAX (404.82)
PERS ADJ-MISC PEPRA WRIGHT-CY23 OVER MAX (574.15)
PERS ADJ-MISC TIER II PURNELL-REFUND 4,146.67
RETIREMENT BENEFITS PPE 11/12/23 PD 11/17/23 152,401.74 9007742 12/8/2023 CA. ST. PUBLIC EMPLOYEES 100000017353796 001-0000-204.31-00 BL SHIELD ACCESS DECEMBER 2023 16,833.00 BL SHIELD TRIO DECEMBER 2023 72,631.51
BL SHIELD TRIO DECEMBER 2023 (RETRO) 1,719.87
KAISER HMO DECEMBER 2023 62,786.00
PERS GOLD DECEMBER 2023 5,987.25
PERS GOLD DECEMBER 2023 (RETRO) (3,129.70)
PERS PLATINUM DECEMBER 2023 4,962.95
UNITED HLTH ALLIANCE HMO DECEMBER 2023 790.46
001-1300-412.15-52 PA BILLING ER SHARE-RETIR DECEMBER 2023 6.00 001-1300-412.41-18 ADMIN FEE FOR ACTIVE DECEMBER 2023 520.26 17 156
City of Banning
Warrant List Detail December 2023
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount
9007742 45268 CA. ST. PUBLIC EMPLOYEES 100000017353796 001-1300-412.41-19 ADMIN FEE FOR RETIRED DECEMBER 2023 18.56 9007743 12/8/2023 CA. ST. PUBLIC EMPLOYEES 100000017353808 001-0000-204.31-00 BL SHIELD ACCESS DECEMBER 2023 1,919.55 BL SHIELD TRIO DECEMBER 2023 3,439.74
PERS PLATINUM DECEMBER 2023 992.59
001-1300-412.41-18 ADMIN FEE FOR ACTIVE DECEMBER 2023 20.33 9007744 12/8/2023 CA. ST. PUBLIC EMPLOYEES PPE 11/26/2023 001-0000-204.20-00 PERS ADJ-MISC PEPRA BROCK-ADJUST 4.04 PERS ADJ-MISC PEPRA MIKESELL-ADJUST 3.09
PERS ADJ-MISC PEPRA PARQUE-ADJUST 7.09
PERS ADJ-MISC PEPRA RUSH-CY23 OVER MAX 1,423.23
PERS ADJ-MISC PEPRA SMITH, N-CY23 OVER MAX 404.82
PERS ADJ-MISC PEPRA WRIGHT-CY23 OVER MAX 574.15
PERS ADJ-MISC TIER I MACIAS-TUP ADJUST (280.77)
RETIREMENT BENEFITS PPE 11/26/23 PD 12/01/23 153,637.35 9007745 12/8/2023 CA. ST. PUBLIC EMPLOYEES PERS PP24 ADJ 001-0000-204.20-00 PERS ADJ-MISC TIER I MACIAS-TUP ADJUST 280.77 9007746 12/15/2023 WELLS FARGO BANK PPE 12/10/2023 001-0000-204.10-00 PAYROLL PPE 12/10/23 PD 12/15/23 646,056.36 9007747 12/18/2023 CORPORATION SERVICE COMPANY 8345718-121423 001-1400-412.23-07 PROCESSING FEES (1) RIV CO RECORDER OFFICE 6.00 001-2740-442.23-07 PENDENCY RELEASE APN 534-031-030 20.00 9007748 12/18/2023 CA. ST. EMPLOYMENT DEV. DEPT. PPE 12/10/2023 001-0000-204.12-00 STATE INCOME TAX PPE 12/10/23 PD 12/15/23 48,361.11 9007749 12/18/2023 INTERNAL REVENUE SERVICE PPE 12/10/2023 001-0000-204.11-00 FEDERAL INCOME TAX PPE 12/10/23 PD 12/15/23 102,822.56 001-0000-204.13-00 ADD'L MEDICARE PPE 12/10/23 PD 12/15/23 768.61 FICA MEDICARE/REGULAR PPE 12/10/23 PD 12/15/23 109,758.22 9007750 12/18/2023 TASC PPE 12/10/2023 001-0000-204.80-15 TASC NESP PPE 12/10/23 PD 12/15/23 1,489.58 9007751 12/19/2023 WELLS FARGO BANK PPE 12/10/2023 001-0000-204.80-14 VEBA CONTRIBUTIONS PPE 12/10/23 PD 12/15/23 400.00 9007752 12/26/2023 CA. ST. PUBLIC EMPLOYEES PPE 12/10/2023 001-0000-204.20-00 PERS ADJ-MISC PEPRA PARQUE-ADJUST (7.46) PERS ADJ-MISC TIER I MACIAS-TUP ADJUST 0.00
RETIREMENT BENEFITS PPE 12/10/23 PD 12/15/23 157,290.48 9007753 12/26/2023 CORPORATION SERVICE COMPANY 8345718-122123 001-1400-412.23-07 PROCESSING FEES (1) RIV CO RECORDER OFFICE 6.00 001-2740-442.23-07 PENDENCY RELEASE APN 534-272-012 20.00 9007754 12/29/2023 WELLS FARGO BANK PPE 12/24/2023 001-0000-204.10-00 PAYROLL PPE 12/24/23 PD 12/29/23 625,361.03 Grand Total 6,954,682.52
Less Voided / Reissued Checks from Prior Period (3,192.00) Less Voided Checks Prior Period (12.75)
Add Payroll Checks 15,142.48
Total Remittance for Month 6,966,620.25
18 157
Issue Date Check (Original) Vendor # Reason Void Amount Check (Reissue) Vendor # Reissued Amount 12/18/2021 177362 7070 STALE DATED CHECK 42.50 $ 189738 7070 42.50 $ 6/3/2021 178571 8085 STALE DATED CHECK 12.00 $ 189782 8085 12.00 $ 8/5/2021 179386 8085 STALE DATED CHECK 12.75 $ 189782 8085 12.75 $ 8/26/2021 179601 7933 STALE DATED CHECK 42.50 $ 189789 7933 42.50 $ 9/9/2021 179754 7933 STALE DATED CHECK 25.50 $ 189789 7933 25.50 $ 1/6/2022 181025 8085 STALE DATED CHECK 25.50 $ 189782 8085 25.50 $ 1/13/2022 181114 8085 STALE DATED CHECK 168.50 $ 189782 8085 168.50 $ 2/17/2022 181479 8225 STALE DATED CHECK 12.75 $ 189763 8225 12.75 $ 2/17/2022 181480 7032 STALE DATED CHECK 12.75 $ 189764 7032 12.75 $ 3/10/2022 181798 8225 STALE DATED CHECK 12.75 $ 189763 8225 12.75 $ 3/10/2022 181823 8085 STALE DATED CHECK 12.75 $ 189782 8085 12.75 $ 8/4/2022 183508 8324 STALE DATED CHECK 12.75 $ 189749 8324 12.75 $ 9/29/2022 184204 8225 STALE DATED CHECK 42.50 $ 189763 8225 42.50 $ 10/6/2022 184311 4391 STALE DATED CHECK 299.00 $ 189774 4391 299.00 $ 11/17/2022 184838 8225 STALE DATED CHECK 42.50 $ 189763 8225 42.50 $ 6/1/2023 187264 8507 STALE DATED CHECK 1,800.00 $ 189702 8507 1,800.00 $ 11/9/2023 189220 6070 LOST IN MAIL 420.00 $ 189538 6070 420.00 $ 11/16/2023 189316 5811 DID NOT ATTEND 12.75 $
11/22/2023 189377 7126 LOST IN MAIL 195.00 $ 189759 7126 195.00 $ 12/7/2023 189496 8660 WRONG NAME ON CHECK 9,000.00 $ 189592 8660 9,000.00 $ TOTALS 12,204.75 $ $12,192.00
Voided Checks
December 2023
158
Start End Date Description Check Total
13323 13335 12/1/2023 Warrant Register 3,326.50 $
13336 13348 12/15/2023 Warrant Register 5,185.94 $
13349 13360 12/29/2023 Warrant Register 6,630.04 $
TOTALS 15,142.48 $
CHECKS USED 38
December 2023
Payroll
159
Prepared 11/30/23, 15:24:04 Check Register Page 1
Program PR655L BIWEEKLY Pay Period 24
CITY OF BANNING Pay Date 12/01/23 11/13/23 To 11/26/23
------------------------------------------------------------------------------------------------------------------------------------ Dept/Div Social Check
Activity Check Payee Security Number Amount
------------------------------------------------------------------------------------------------------------------------------------ STATE OF CALIFORNIA - FTB 13323 533.59
1900-412 PHILLIPS, JOYCE Y 6549 13324 .00
UNITED STATES TREASURY 13325 125.50
CALIF. STATE DISBURSEMENT UNIT 13326 427.38
CALIF. STATE DISBURSEMENT UNIT 13327 161.07
TRACY YOUNGBLOOD 13328 223.39
TEXAS CHILD SUPPORT SDU 13329 642.92
4000-461 BARON, BYRON 178 13330 196.03
4000-461 SCARRY, COLE 7674 13331 15.08
4000-461 SILVA, NESTOR C 177 13332 15.08
CALIF. STATE DISBURSEMENT UNIT 13333 255.23
CALIF. STATE DISBURSEMENT UNIT 13334 80.76
RIVERSIDE COUNTY SHERIFF - SCS 13335 650.47
Total Checks - 13 3,326.50
160
Prepared 12/14/23, 15:41:05 Check Register Page 1
Program PR655L BIWEEKLY Pay Period 25
CITY OF BANNING Pay Date 12/15/23 11/27/23 To 12/10/23
------------------------------------------------------------------------------------------------------------------------------------ Dept/Div Social Check
Activity Check Payee Security Number Amount
------------------------------------------------------------------------------------------------------------------------------------ 1900-412 PHILLIPS, JOYCE Y 6549 13336 .00
UNITED STATES TREASURY 13337 125.50
CALIF. STATE DISBURSEMENT UNIT 13338 427.38
CALIF. STATE DISBURSEMENT UNIT 13339 161.07
2200-421 RODRIGUEZ, MANUEL R 535 13340 1,489.09
TRACY YOUNGBLOOD 13341 223.39
TEXAS CHILD SUPPORT SDU 13342 642.92
4000-461 BARON, BYRON 178 13343 449.54
4000-461 SCARRY, COLE 7674 13344 327.98
4000-461 SILVA, NESTOR C 177 13345 352.61
CALIF. STATE DISBURSEMENT UNIT 13346 255.23
CALIF. STATE DISBURSEMENT UNIT 13347 80.76
RIVERSIDE COUNTY SHERIFF - SCS 13348 650.47
Total Checks - 13 5,185.94
161
Prepared 12/28/23, 14:42:31 Check Register Page 1
Program PR655L BIWEEKLY Pay Period 26
CITY OF BANNING Pay Date 12/29/23 12/11/23 To 12/24/23
------------------------------------------------------------------------------------------------------------------------------------ Dept/Div Social Check
Activity Check Payee Security Number Amount
------------------------------------------------------------------------------------------------------------------------------------ 1900-412 PHILLIPS, JOYCE Y 6549 13349 .00
CALIF. STATE DISBURSEMENT UNIT 13350 427.38
CALIF. STATE DISBURSEMENT UNIT 13351 161.07
2200-421 RODRIGUEZ, MANUEL R 535 13352 3,122.65
TRACY YOUNGBLOOD 13353 223.39
TEXAS CHILD SUPPORT SDU 13354 642.92
4000-461 BARON, BYRON 178 13355 427.17
4000-461 SCARRY, COLE 7674 13356 335.52
4000-461 SILVA, NESTOR C 177 13357 319.06
CALIF. STATE DISBURSEMENT UNIT 13358 255.23
CALIF. STATE DISBURSEMENT UNIT 13359 80.76
RIVERSIDE COUNTY SHERIFF - SCS 13360 634.89
Total Checks - 12 6,630.04
162
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: A'ja Wallace,
Lincoln Bogard, Administrative Services Director
MEETING DATE: February 13, 2024
SUBJECT: Receive and File Cash and Investments Report for the Month of December 2023
RECOMMENDATION:
That City Council receive and file Cash and Investment Report for December 2023 on this day, February 13, 2024, in accordance with California Government Code 53646.
BACKGROUND:
The City’s investment portfolio is compliant with its Investment Policy and Pooled Cash is expected to meet all disbursement requirements for the next six months.
JUSTIFICATION:
UNRESTRICTED CASH AND INVESTMENTS:
Cash & Investments November 2023 December 2023
Funds under Control of the
City:
Petty Cash / Cash on Hand $4,055.00 $4,055.00
Sub-Total $4,055.00 $4,055.00
Checking and Savings:
Wells Fargo - General Account -
XXXXX5798
$8,245,901.67 $6,660,044.04
Bank of America - Parking
Citations - XXXXXX8776
$142,002.95 $142,562.16
Bank of America - Airport Visa -
XXXXXX7548
$556,747.86 $564,017.55
PERMA General Liability Trust $139,343.05 $139,343.05
Bank of America - CNG Charge
Acct - XXXXXX5594
$79,539.30 $79,323.50
Sub-Total $9,163,534.83 $7,585,290.30
See Investment Report for
Details of the following
investments:
State of California, Local Agency
Investment Fund
$17,963,954.32 $17,963,954.32
% of Investments in LAIF 47% 47%
163
US Bank City of Banning
Investment Custody Account
XXXXX6000
$20,346,920.47 $20,615,721.72
Cash and Investments $47,478,464.62 $46,169,021.34
RESTRICTED CASH AND INVESTMENTS:
Cash & Investments November 2023 December 2023
Cash with Fiscal Agents
US Bank
2015 Water Revenue Bonds-BUA
Water Projects - 258228005
$842,200.91 $845,535.23
2015 Water Revenue Bonds-BUA
Water Projects - 258228000
$2,944.60 $2,955.87
2019 Wastewater Revenue Bond -
254226002
$2.40 $2.40
2019 Wastewater Revenue Bonds
254226000
$115,034.20 $115,035.15
2019 Wastewater Revenue Bonds
- BUA Water Projects - Previous
Balance less amount required for
Refunding - 254226006
$2,502,828.24 $2,502,848.81
2015 Electric Revenue BondAcquisition & Construction Fund - 262685003
$715,156.78 $717,988.13
2015 Electric Revenue BondAcquisition & Construction Fund - 262685000
$516,287.53 $5,865.18
Successor Agency of the
Dissolved Redevelopment Agency
of the City of Banning Tax
Allocation Bonds Series 2016
(Taxable) Unexpended Proceeds
Fund - 277166005
$7,687,156.39 $7,687,187.98
Successor Agency of the
Dissolved Redevelopment Agency
of the City of Banning Tax
Allocation Bonds Series 2016
(Taxable) Revenue Fund -
277166000
$0.00 $0.00
Improvement Dist No 2004-1 (Fair
Oaks Ranch Estates) Limited
Obligation Improvement Bonds
Series 2005A Principal Acct789582001
$0.00 $0.00
Improvement Dist No 2004-1 (Fair
Oaks Ranch Estates) Limited
Obligation Improvement Bonds
Series 2005A Reserve Fund789582003
$186,057.60 $186,058.36
PERMA Member Trust Account
xxx-xxxx-101.12-00
$3,213,839.23 $3,122,372.43
164
CAISO - City of Banning
XXXXX6994
$122,593.68 $123,139.29
City of Banning - XXXXX5920 -
Riverside Public Utilities (RPU) $392,898.55 $828,951.25 Cash with Fiscal Agents
US Bank
$16,297,000.11 $16,137,940.08
Restricted Investment in
SCPPA Project Stabilization
Fund
Project Stabilization Fund $1,232,198.28 $1,135,302.05
Total Restricted Cash
and Investments
$17,529,198.39 $17,273,242.13
Grand Total Cash
and Investments
$65,007,663.01 $63,442,263.47
BOND RESERVE INSURANCE POLICIES:
Insurance Policy and Purpose Market Value
2015 Electric Revenue Bond-Reserve Fund -
262685002 - Market Value
$2,428,543.76
Successor Agency of the Dissolved Redevelopment
Agency of the City of Banning Tax Allocation Bonds
Series 2016 (Taxable) Reserve Fund- 277166004
Market Value
$2,205,497.50
FISCAL IMPACT:
Not applicable.
I hereby certify that the investment activity for this reporting period conforms with the investment policy adopted by the City of Banning's City Council and the California Government Code Section 53601.
I also certify that there exists adequate pooled cash available to meet the City's disbursement requirements for at least the next six months.
ALTERNATIVES:
Not applicable. Receive and file only.
ATTACHMENTS:
1. Attachment 1-Investment Report December 2023.pdf
2. Attachment 2-City of Banning Broker Report December 2023.pdf
3. Attachment 3-LAIF Market Valution December 2023.pdf
4. Attachment 4-PMIA-LAIF Performance Report December 2023.pdf 165
Investment Held by Investment Name Investment Type CUSIP Number Standard & Poors Rating Moodys Rating Maturity Duration Par
Market
Yield
Market
Price
Market
Value/Accrued Int
Percentage of
Investments
State of California, Local Agency
Investment Fund
City of Banning Pooled Investment N/A N/A N/A $ 17,963,954.09 3.843 100.41145 $ 18,037,867.39 46.6% Successor Agency Pooled Investment N/A N/A N/A $ 0.23 3.843 100.41145 $ 0.23 0.0% $ 17,963,954.32 $ 18,037,867.62 46.6%
US Bank- Broker Chandler Asset
Management
Government Agencies
Total ABS Asset-Backed Securities Various AAA Aaa 2.14 $ 540,000.00 4.750 101.683 $ 549,088.24 1.40% Total Agency Federal Agencies Various AA+ Aaa 1.37 $ 15,000,000.00 4.850 97.785 $ 14,667,741.00 38.9% Total CMO Collateralized Mortgage Obligation 3137FGZT5 AAA Aaa 4.01 $ 200,000.00 4.360 98.476 $ 196,951.13 0.5% Total Corporate Corporate Various A+ A1 2.35 $ 1,250,000.00 4.690 98.349 $ 1,229,367.67 3.2% Total Money Market Money Market/Mutual Funds 31846V401 AAA Aaa 0.00 $ 55,721.72 4.820 100.000 $ 55,721.72 0.1% Total US Treasury US Treasuries Various AA+ Aaa 0.44 $ 3,570,000.00 5.130 99.319 $ 3,545,704.01 9.3% $ 20,615,721.72 $ 20,244,573.77 53.4%
Total Investments $ 38,579,676.04 $ 38,282,441.39 100.0% * See page 5-9 of Broker report for details by category City of Banning
Report of Investments
December 2023
Reviewed by: Lincoln Bogard Fiscal Services Department / Finance 166 167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Lincoln Bogard, Administrative Services Director MEETING DATE: February 13, 2024
SUBJECT: Receipts, Disbursements, & Fund Balances Reporting for November and December 2023 and Fiscal Year 2022-23 and 2023-24 Year-To-Date RECOMMENDATION:
Receive and file Receipts, Disbursements, & Fund Balances Reporting for November and December 2023 and Fiscal Year 2022-23 and 2023-24 Year-To-Date Interactive Report.
BACKGROUND:
Per Government Code Section 41004, Regularly, at least once each month, the city treasurer shall submit to the city clerk a written report and accounting of all receipts, disbursements, and fund balances.
The city treasurer shall file a copy with the legislative body. This item shall be presented to City Council at the Council meeting following this presentation with any recommendation by the Committee to approve or deny.
JUSTIFICATION:
This report provides visibility into cash inflows and outflows and fund balances and net positions on a monthly basis. Interactive Report attached here:
November report: https://stories.opengov.com/banningca/published/xpuNwVhR2 December report: https://stories.opengov.com/banningca/published/VaMRjHCcb FISCAL IMPACT:
None. This report only shows the results of operations. Also of note is that this reporting for Receipts and Disbursements only takes into consideration money actively received or disbursed externally from or to the City during the periods reported. It does not account for transactions that are internal to the City.
ALTERNATIVES:
Not Applicable.
ATTACHMENTS:
1. Report - November.pdf
2. Report - December.pdf
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Laurie Sampson, Assistant City Manager
Derek Thesier, Acting Chief of Police
MEETING DATE: February 13, 2024
SUBJECT: Receive and File Police Department Statistics for the Month of December 2023
RECOMMENDATION:
Receive and file Police Department statistics for the month of December 2023.
BACKGROUND:
The Banning Police Department provides statistics to the public and City Council upon request.
JUSTIFICATION:
Statistics tell a city how many police officers need to be on the street, what crimes are being committed, and reveal increases and decreases in specific crimes. Also, cities get funding in part on their crime rates. If a federal crime bill passed, the Government needs to know which cities could benefit the most from those funds, and some cities have been rewarded financially for drastically lowering rates of crime.
FISCAL IMPACT:
None
ALTERNATIVES:
Providing statistics keeps the Council, staff, and residents apprised of current police activities. If the statistics are not presented to the Council on a regular basis, then they should be provided on another platform.
ATTACHMENTS:
1. STATS DECEMBER.pdf
221
222
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Laurie Sampson, Assistant City Manager
Todd Hopkins, CALFIRE Division Chief
MEETING DATE: February 13, 2024
SUBJECT: Receive and File Fire Protection Services Statistics for the Month of December 2023 and Annual Report for 2023
RECOMMENDATION:
Receive and File Fire Department statistics for the month of December 2023 and the Annual Report for 2023.
BACKGROUND:
City Council has requested CalFire’s Riverside County Division, which provides fire protection services in the City of Banning, provide specific reports to the public and City Council on a monthly basis.
JUSTIFICATION:
Many fire and EMS departments store and analyze statistical data, which can provide a detailed analysis of the types of responses their organization is called to assist. This information is critical to elevating the level of service provided by the fire department.
FISCAL IMPACT:
None
ALTERNATIVES:
Providing statistics keeps the Council, staff, and residents apprised of current fire and paramedic activities. If the statistics are not presented to the Council on a regular basis, then they should be provided on another platform.
ATTACHMENTS:
1. Banning December Fire 2023 Report.pdf
2. Banning Year Report 2023 Fire Report.pdf
223
CAL FIRE/Riverside County Fire Department
Emergency Incident Statistics
Shawn C. Newman
Fire Chief
1/14/2020
Report Provided By: Riverside County Fire Department
Communications and Technology Division
GIS Section
Incidents Reported for the month of December,2019 and City of Banning And Both (Code 2, Alpha, Omega, Code 3, Charlie, Delta, Bravo, Echo) *Incidents are shown based on the primary response area for the incident location. This does not represent total response times for all units only the first unit in.
Please refer to Map and Incident by Battalion, Station, Jurisdiction 224
False Alarm 31 7.0% Haz Mat 1 0.2% Medical 343 77.6% Other Fire 3 0.7% Public Service Assist 31 7.0% Res Fire 3 0.7% Ringing Alarm 3 0.7% Standby 6 1.4% Traffic Collision 20 4.5% Vehicle Fire 1 0.2% Total: 442 100.0% Response Activity
Incidents Reported for the month of December,2019 and City of Banning And Both (Code 2, Alpha, Omega, Code 3, Charlie, Delta, Bravo, Echo) False Alarm 31
Haz Mat 1
Medical 343
Other Fire 3
Public Service Assist 31
Res Fire 3
Ringing Alarm 3
Standby 6
Traffic Collision 20
Vehicle Fire 1
4.9 +10 Minutes +20 Minutes Average
18 1
+5 Minutes
136 58.1%
% 0 to 5 min
Average Enroute to Onscene Time*
Incident Total: 442
257
<5 Minutes
Enroute Time = When a unit has been acknowledged as responding. Onscene Time = When a unit has been acknowledge as being on scene. For any other statistic outside Enroute to Onscene please contact the IT Help Desk at 951-940-6900 *CODE 3 and CODE 2 incidents are included in the total count of incidents and the average Enroute to Onscene Time.
*Incidents are shown based on the primary response area for the incident location. This does not represent total response times for all units only the first unit in.
Last Updated 1/14/2020 3:15:01AM
225
False
Alarm
Haz Mat Medical Other
Fire
Public
Service
Res Fire Ringing
Alarm
Standby Traffic
Collisio
Vehicle
Fire
Total
Battalion 3 Station 20
Beaumont
City of Banning 16 0 198 1 20 0 1 2 10 1 249
Station Total 16 0 198 1 20 0 1 2 10 1 249
Station 24
Cabazon
City of Banning 0 0 1 0 0 0 0 0 3 0 4
Station Total 0 0 1 0 0 0 0 0 3 0 4
Station 89
Banning
City of Banning 15 1 144 2 11 3 2 4 7 0 189
Station Total 15 1 144 2 11 3 2 4 7 0 189
Battalion Total 31 1 343 3 31 3 3 6 20 1 442
Grand Total 31 1 343 3 31 3 3 6 20 1 442
Incidents by Battalion, Station and Jurisdiction
*Incidents are shown based on the primary response area for the incident location. This does not represent total response times for all units only the first unit in.
Last Updated 1/14/2020 3:15:01AM
226
False
Alarm
Haz Mat Medical Other
Fire
Public
Service
Res Fire Ringing
Alarm
Standby Traffic
Collisio
Vehicle
Fire
Total
City of Banning 31 1 343 3 31 3 3 6 20 1 442
Grand Total 31 1 343 3 31 3 3 6 20 1 442
Incidents by Jurisdiction
*Incidents are shown based on the primary response area for the incident location. This does not represent total response times for all units only the first unit in.
Last Updated 1/14/2020 3:15:01AM
227
DISTRICT 5
JEFF HEWITT
Grand
Total
False Alarm 31 31
Haz Mat 1 1
Medical 343 343
Other Fire 3 3
Public Service Assist 31 31
Res Fire 3 3
Ringing Alarm 3 3
Standby 6 6
Traffic Collision 20 20
Vehicle Fire 1 1
Total 442 442
Incidents by Supervisorial District - Summary
*Incidents are shown based on the primary response area for the incident location. This does not represent total response times for all units only the first unit in.
Last Updated 1/14/2020 3:15:01AM
228
*Incidents are shown based on the primary response area for the incident location. This does not represent total response times for all units only the first unit in.
Last Updated 1/14/2020 3:15:01AM
229
CAL FIRE/Riverside County Fire Department
Emergency Incident Statistics
Bill Weiser
Fire Chief
1/24/2024
Report Provided By: Riverside County Fire Department
Communications and Technology Division
GIS Section
Incidents Reported for year 2023 and City of Banning And Both (Code 2, Alpha, Omega, Code 3, Charlie, Delta, Bravo, Echo) Please refer to Map and Incident by Battalion, Station, Jurisdiction *Incidents are shown based on the primary response area for the incident location. This does not represent total response times for all units only the first unit in. 230
Com Fire 9 0.2%
False Alarm 283 5.4%
Haz Mat 5 0.1%
Medical 4,196 79.8%
Multi-Fam Dwelling Fire 1 0.0%
Other Fire 72 1.4%
Other Misc 22 0.4%
Public Service Assist 305 5.8%
Res Fire 22 0.4%
Rescue 7 0.1%
Ringing Alarm 10 0.2%
Standby 50 1.0%
Traffic Collision 203 3.9%
Vehicle Fire 14 0.3%
Wildland Fire 58 1.1%
Total: 5,257 100.0%
Response Activity
Incidents Reported for year 2023 and City of Banning And Both (Code 2, Alpha, Omega, Code 3, Charlie, Delta, Bravo, Echo) Com Fire 9
False Alarm 283
Haz Mat 5
Medical 4,196
Multi-Fam Dwelling Fire 1
Other Fire 72
Other Misc 22
Public Service Assist 305
Res Fire 22
Rescue 7
Ringing Alarm 10
Standby 50
Traffic Collision 203
Vehicle Fire 14
Wildland Fire 58
5.1 +10 Minutes +20 Minutes Average
391 27
+5 Minutes
1,638 60.2%
% 0 to 5 min
Average Enroute to Onscene Time*
Incident Total: 5,257
3,165
<5 Minutes
Enroute Time = When a unit has been acknowledged as responding. Onscene Time = When a unit has been acknowledge as being on scene. For any other statistic outside Enroute to Onscene please contact the IT Help Desk at 951-940-6900 *CODE 3 and CODE 2 incidents are included in the total count of incidents and the average Enroute to Onscene Time.
*Incidents are shown based on the primary response area for the incident location. This does not represent total response times for all units only the first unit in.
Last Updated 1/24/2024 2:52:18AM
231
Com Fire False
Alarm
Haz Mat Medical Multi-Fam
Dwelling
Fire
Other Fire Other Misc Public
Service
Assist
Res Fire Rescue Ringing
Alarm
Standby Traffic
Collision
Vehicle
Fire
Wildland
Fire
Total
Battalion 0 Station
278
City of Banning 0 1 0 5 0 0 0 0 0 0 0 0 0 0 0 6
Total 0 1 0 5 0 0 0 0 0 0 0 0 0 0 0 6
Total 0 1 0 5 0 0 0 0 0 0 0 0 0 0 0 6
Battalion 3 Station 20 City of Banning 1 109 2 2,437 1 23 8 207 2 2 6 18 81 6 18 2,921 Total 1 109 2 2,437 1 23 8 207 2 2 6 18 81 6 18 2,921
Station 24 City of Banning 0 1 1 11 0 0 1 0 0 0 0 0 11 1 1 27 Total 0 1 1 11 0 0 1 0 0 0 0 0 11 1 1 27
Station 89 City of Banning 8 172 2 1,743 0 49 13 98 20 5 4 32 111 7 39 2,303 Total 8 172 2 1,743 0 49 13 98 20 5 4 32 111 7 39 2,303 Total 9 282 5 4,191 1 72 22 305 22 7 10 50 203 14 58 5,251 Incidents by Battalion, Station and Jurisdiction
*Incidents are shown based on the primary response area for the incident location. This does not represent total response times for all units only the first unit in.
Last Updated 1/24/2024 2:52:18AM
232
Com Fire False
Alarm
Haz Mat Medical Multi-Fa
m
Dwelling
Other
Fire
Other
Misc
Public
Service
Assist
Res Fire Rescue Ringing
Alarm
Standby Traffic
Collision
Vehicle
Fire
Wildland
Fire
Total
City of Banning 9 283 5 4,196 1 72 22 305 22 7 10 50 203 14 58 5,257 Grand Total 9 283 5 4,196 1 72 22 305 22 7 10 50 203 14 58 5,257 Incidents by Jurisdiction
*Incidents are shown based on the primary response area for the incident location. This does not represent total response times for all units only the first unit in.
Last Updated 1/24/2024 2:52:18AM
233
DISTRICT 5
YXSTIAN
GUTIERREZ
Grand Total
Com Fire 9 9
False Alarm 283 283
Haz Mat 5 5
Medical 4,196 4,196
Multi-Fam Dwelling Fir 1 1
Other Fire 72 72
Other Misc 22 22
Public Service Assist 305 305
Res Fire 22 22
Rescue 7 7
Ringing Alarm 10 10
Standby 50 50
Traffic Collision 203 203
Vehicle Fire 14 14
Wildland Fire 58 58
Incidents by Supervisorial District - Summary
*Incidents are shown based on the primary response area for the incident location. This does not represent total response times for all units only the first unit in.
Last Updated 1/24/2024 2:52:18AM
234
*Incidents are shown based on the primary response area for the incident location. This does not represent total response times for all units only the first unit in.
Last Updated 1/24/2024 2:52:18AM
235
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Laurie Sampson, Assistant City Manager
MEETING DATE: February 13, 2024
SUBJECT: Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports
RECOMMENDATION:
Receive and file contracts approved under the City Manager’s signature authority of $25,000 or less and inventory reports.
BACKGROUND:
Per Purchasing Policy B-30, 3-105(5), written notification by the Purchasing Officer of all City Manager approved contracts will be provided quarterly to the City Council for review, and 16-107(3), The City Manager, or his designated representative, shall make a monthly written report to the City Council as to all Change Orders approved by the City Manager during the month, and of all possible future Change Orders that may appear probable prior to the next monthly report. At a minimum, the City Manager shall provide the Council with the name and nature of the contract, all Change Orders approved during that month, the reason for the Change Orders, the cumulative amount of the Change Orders for that contract, and any additional information the Council requests.
JUSTIFICATION:
While the policy requires contracts signed under the City Manager’s signature authority be submitted to City Council on a quarterly basis, it is staff’s intent to submit these reports on a monthly basis to provide continuity with other monthly reports submitted to Council.
FISCAL IMPACT:
None
ALTERNATIVES:
Failure to provide this report to the City Council would result in the City being out of compliance with Purchasing Policy B-30,3-105(5).
ATTACHMENTS:
1. December 2023 CM Authorized Contracts and Inventory.pdf 236
City Manager
Approval
Date
Vendor Name Description of Item/Service Contact Award Total Department/ Division Comments 12/21/2023 Ultra Engineering Potholing Services $ 51,840.00 Public Works 12/27/2023 Blais & Associates Grant Writing Services for Outdoor Equity Grant
$ 12,852.00 Parks & Rec
12/27/2023 Statewide Towing &
Recovery
Amendment 1 CSA for Towing and Storage Services
$ - Public Works - Fleet Time Extension Only
12/27/2023 Clark's Towing Amendment 1 CSA for Towing and Storage Services
$ - Public Works - Fleet Time Extension Only
12/28/2023 All American Towing Amendment 1 CSA for Towing and Storage Services
$ - Public Works - Fleet Time Extension Only
12/29/2023 TransTax Advisors, LLC Transportation Tax Credits $ 5,000.00 Public Works - Engineering
Date Vendor Name Description of Item/Service Contact Award Total Change Order Comments 12/21/2023 STC Traffic Design of Rectangular Rapid Flashing Beacons
$ 64,780.00 $ - Time Extension Only
Contracts Approved Within City Manager Signature Authority FOR MONTH OF DECEMBER 2023
Change Orders Approved Within City Manager Signature Authority FOR MONTH OF DECEMBER 2023
237
Date Vendor Name Description of Item/Service Contact Award Total Department
NO REPORT
INVENTORY PURCHASES OVER $25
K
DECEMBER 2023
238
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Adam Rush, Community Development Director
MEETING DATE: February 13, 2024
SUBJECT: Receive and File Code Enforcement Update and Statistics for the Month of December 2023
RECOMMENDATION:
Receive and File Code Enforcement Update and Statistics for the Month of December, 2023.
BACKGROUND:
The City’s Code Enforcement Division (“Code”) is currently staffed three full-time officers that are responsible for enforcement of the City’s Municipal Code with cases that range from lack of a business license, to unsafe buildings, to street vendors and much more. Within the Code Enforcement Division, the City employs two Code Enforcement Officers, responsible for managing and organizing over 900 open cases, and a Supervising Officer. In addition to the typical code enforcement duties and responsibilities (e.g., unsafe buildings, unpermitted land use, no business license, construction without permit, and unregistered food vendors, just to name a few) Code Enforcement is also responsible for compliance with Fire Hazard/Weed Abatement. This Program includes the investigations, patrol, noticing, enforcement, and remediation of over 650 vacant lots, of potential fire hazards, the invoicing costs to the property owners for service rendered by the city’s contractors. The Weed Abatement Officer notifies all property owners for the Summer and Fall fire seasons, which leaves two officers for Nuisance Complaints, which is before the traditional fire season begins. These duties, while important, reduce their ability to handle the day-to-day functions of other Code Enforcement duties by half. Code Enforcement activities typically do not recoup the cost associated with labor, nuisance abatement, and legal fees to name a few, through the collection of administrative citations and penalties. Revenue from code cases can be delayed months or years given the manner in which fines and penalties are assessed and ultimately collected, which will be mitigated by the Introduction of the Lien Reimbursement Ordinance.
Further, the City is missing out on a potential revenue source associated with the Abandoned Vehicle Abatement (AVA) program administered by the California Highway Patrol and Riverside County. Code Enforcement requires additional staffing to enforce AVA Compliance.
MONTH YEAR-TO-DATE (YTD)
Cases Investigated 41 991
Cases Closed 38 281
All Open Cases 41 156
Citations Paid $0 $0
Notices to Abate 1 12
Red Tagged Properties 0 17
Apply or Release Lien/Pendency 1 3
239
Civic Plus Inquiries 0 6
Public Records Request 0 12
JUSTIFICATION:
The Code Enforcement Division is fully staffed with two Code Officers and one Code Supervisor.
The current open case load, in combination with additional responsibilities such as: (1) Ramsey Street Beautification; (2) Enforcement of Unpermitted Mobile Food Vendors (3) Shopping Cart Retrieval; (4) Maintenance of Abandoned Buildings; and (5) Initiation of Litigation Proceedings for chronically non-compliant public nuisances and unsafe structures.
Three Code Enforcement Officers completed a weeklong continuing education training in Monterey, CA in November to keep their California Association of Code Enforcement Officers (CACEO) certifications current and active.
Two Code Enforcement Officers completed a “pepper-spray” certification The abandoned structures, located at 775 E. Lincoln St. were demolished Receivership lawsuits are being drafted for six (6) additional non-compliant properties that pose serious threats to the public health, safety, and welfare.
FISCAL IMPACT:
Preparation of this report did not incur any additional costs.
ALTERNATIVES:
None
240
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director Ralph Wright
MEETING DATE: February 13, 2024
SUBJECT: Parks and Recreation Report of Monthly activities through the 2nd quarter of Fiscal Year 2023/2024 – December 2023
RECOMMENDATION:
That the City Council receive and file the monthly activities report for December 2023.
BACKGROUND:
To better track the participation levels of parks and recreation program offerings and the facilities usage for parks and recreation programs and services, staff developed a monthly report that is used to compile and present our numbers, help tell our story and allow for easy year over year comparison.
The ten-page report includes parks staff activities, park and facility usage, sports and classes participation, Senior activities, Banning Connect passes sold and ridership numbers, aquatics programming, special events and the Outdoor Equity Program Grant programming. The report is aligned with the fiscal year, July through June of each year and compiled each month.
Staff brings the report to the Council after each quarter of the Fiscal Year.
Attached in this item, is the December 2023 report that contains participation information through the end of the 2nd quarter of FY 2023-24.
The 2nd quarter report continues to show overall growth in our programming. Overall, our regular ongoing classes continue to be at capacity or nearing capacity. Examples of these programs are instructor classes such as Karate, Kung Fu, Zumba, Yoga, etc. The Senior Center continues to provide warm meals, programs and needed resources and services to Banning's Seniors. The seasonal events and Happiness Campaign continue to provide immense joy and needed socialization. December was full of events that were hosted or co-hosted by the Parks and Recreation Department, and it was a very successful Christmas season. Some of the events included were the Breakfast with Santa and Santa Shoppe, the Christmas at the Ranch event and our annual Christmas Pajama Party.
One continuing negative trend for the Fiscal year is the increased graffiti incidents in our parks. Parks staff has been tasked with cleaning the graffiti as soon as feasible to minimize the negative aesthetic and to not allow for the normalization of the graffiti in our parks. However, this continues to strain the staff’s ability to perform ongoing parks maintenance as they are dealing with these incidents.
JUSTIFICATION:
The tracking of the monthly participation and usage numbers aids the department in evaluating the use of program space, the success of community outreach and communities wishes for Parks and 241
Recreation Facilities and Programming.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
ALTERNATIVES:
Receive and file.
ATTACHMENTS:
1. Dec 2023.pdf
242
*Fiscal Year *
23-24
*The Monthly Reports are based on a fiscal year*
July 1, 2023- June 30, 2024
Six parks with approximately 58 developed acres maintained P1
P2
P3
P4
P5
P6
P7
P8
P9
P10
Parks Maintenance
Parks Usage
Facility Usage
Sports/Volunteers
Senior Center
Classes / Programs
Transit
Aquatics
Special Events
OEP
PARK and REC Stats
Monthly Year-to-Date
2022-2023 20023-2024 2022-2023 2023-2024
# of trees PLANTED 0 0 0 0
# of trees REMOVED 1 0 3 0
# of trees TRIMMED 3 2 10 37
Service requests completed by
Parks 3 6 31 49
Vandalism incidents repaired 14 7 78 54
Graffiti incidents repaired 8 28 109 153
Happy December! We
had such a beautiful
and fun month full of
holiday celebrations.
Enjoy each page that
delves into the good
times.
243
2 Park/Field Usage
# of uses
Monthly Year-to-Date
2022-2023 2023-2024 2022-2023 2023-2024
Dysart Park 1 0 35 34
Lion’s Park 12 11 72 113
Repplier Park 18 14 174 123
Richard Sanchez 2 0 2 0
Roosevelt Williams 1 0 1 0
Sylvan Park 1 0 23 30
TOTAL 36 26 310 302
East Ramsey Lot 0 0 1 1
Carpenter Hamilton Park 1 1 2 1
Picnic Area Usage
(scheduled)
# of uses
Monthly Year-to-Date
2022-2023 2023-2024 2022-2023 2023-2024
Repplier Park 1 0 9 10
Roosevelt Williams Small 0 0 0 2
Sylvan Park 1 0 22 33
TOTAL 3 0 38 57
Roosevelt Williams Large 1 0 7 11
Lion’s Park 0 0 0 1
Dysart Park
We are looking forward to Little League getting back at it this spring with great baseball and softball!
244
3 n/a - Figures not available
Community Center
# of uses
Monthly Year-to-Date
2022-2023 2023-2024 2022-2023 2023-2024
Small Meeting Room 10 12 92 98
Large Dance Room 17 17 113 91
Gymnasium 64 59 508 431
Kitchen 2 2 4 7
Parking Lot 4 3 32 18
TOTAL 97 57 749 645
Senior Center
# of uses
Monthly Year-to-Date
2022-2023 2023-2024 2022-2023 2023-2024
Nutrition Site 18 21 171 146
Multi-purpose Room 21 27 161 191
TOTAL 39 48 332 337
Playhouse Bowl
# of uses
Monthly Year-to-Date
2022-2023 2023-2024 2022-2023 2023-2024
Meeting Room 7 6 67 74
Amphitheater 0 0 8 14
TOTAL 7 6 75 88
Roosevelt Williams
and Armory
# of uses
Monthly Year-to-Date
2022-2023 2023-2024 2022-2023 2023-2024
Roosevelt Will. Meeting Room 0 0 4 11
TOTAL 0 5 5 61
Armory 0 5 1 50
Facility Use
We love being apart of the 2nd annual Winter Wonderland Health and Safety Fair at our community center. It is always beautiful to give back to our community. 245
4 n/a - Figures not applicable min - Minimum participation not met NO - Not offered Youth Sports # of Participants # of Participants # of Teams Facility Visits Monthly Year to Date Year-to-Date Year To Date
2023-2024 2023-2024 2023-2024 2023-2024
Youth Basketball 0 0 0 0
Youth Flag Football 0 100 9 928
Youth Soccer 0 66 0 198
Smart Start 0 30 0 150
TOTAL 0 196 9 1276
Adult Sports # of Participants # of Participants # of Teams Facility Visits Monthly Year to Date Year-to-Date Year To Date
2023-2024 2023-2024 2023-2024 2023-2024
Adult Softball NO NO NO NO
Adult Basketball NO NO NO NO
TOTAL 0 0 0 0
Volunteers # of Volunteers Hours volunteered # of Volunteers Hours volunteered Monthly Monthly Year to Date Year To Date
2023-2024 2023-2024 2023-2024 2023-2024
Coaches 0 0 9 126
Events 16 96 41 256
Senior Center 21 197.5 83 1078
TOTAL 37 293.5 133 1460
We are gearing up for our youth basketball season this
winter. This is a big draw for our community and the
amount of participation is always so wonderful to see.
We have been able to fill up both Nicolet gym and our
gym full of proud basketball loving families each year. 246
5 This December, we had so many fun holiday activities that were done with the seniors. One of them is a gift giveaway from the local Morongo Moravian Church. The seniors are always so grateful to have such a program that considers a gift for them year after year. The continually make it special by bringing the Christmas cheer with them during the giveaway day.
# of Participants # of Participants
Classes/Programs
Monthly Year to Date
2023-2024 2023-2024
Games & Puzzles 42 255
Bingo & Loteria 101 676
Health & Wellness Classes 95 887
Crafts & Activities 30 434
Pool Table 31 176
Education Classes 62 295
Movies 62 248
Events 67 558
Sponsored Social Programs 68 463
Presentations 0 294
TOTAL 558 4297
# of Participants # of Participants
Services Monthly Year to Date
2023-2024 2023-2024
Fill the Cupboard 52 148
Computer Lab 57 393
Daily Meals 475 3541
Paralegal 0 8
Phone / Walk-in Referrals 184 1209
Morning Greeters 70 476
Food Vouchers / Salvation
Army/Other Services 1 34
Happiness Campaign 68 292
Boutique 98 750
Cool/Warm Center 0 63
Morongo Moravian Gifts 60 60
Total 1065 6973
247
6 n/a - Figures not applicable min - Minimum participation not met NO - Not offered Classes/Programs # of Participants # of Participants Facility Visits Monthly Year to Date Year To Date
2023-2024 2023-2024 2023-2024
Adult Programs/Classes 115 1030 1143
Youth Programs/Classes 67 519 2859
Day Camp 0 240 1280
Open Gym Basketball 14 184 184
Open Gym Pickleball 24 578 578
Open Gym Volleyball NO NO NO
TOTAL 220 2595 6088
Special Needs Programs/Classes 0 44 44
The Lego-Neers STEM and Social club encourages kids to actively learn through play each time they meet. They have covered everything from different states of matter to the physics of balance!
248
7 n/a - Figures not applicable min - Minimum participation not met NO - Not offered # of Passes # of Passes
Bus Passes Purchased Monthly Year to Date
2023-2024 2023-2024
Day Pass n/a n/a
Disabled Bus Pass 0 0
General Bus Pass 0 1
Senior Bus Pass 0 0
Youth Bus Pass n/a n/a
Banning Student Bus Pass 0 0
General Ticket Book 0 10
Senior Disabled Ticket Book 0 2
Dial-A-Ride 10 ticket Pass n/a n/a
TOTAL 0 13
We have come to know and bond with our bus riders either through phone call, from when they check in on the schedule, or in person, when they come to purchase their pass. We are grateful to be of service to them and to notify them that bus rides are currently free for all Banning residents. # of Passengers # of Passengers
Ridership Numbers Monthly Year to Date
2023-2024 2023-2024
Senior/Disabled Passengers 3356 21730
General Passengers 2989 15002
Cabazon Zone Passengers 324 2024
Youth Passengers 87 353
Student Passengers 85 3945
Veteran Passengers 254 1013
Dial-A-Ride Passengers 344 2240
TOTAL 7817 50694
Non-Resident Passengers 1378 4860
249
n/a - Figures not applicable min - Minimum participation not met NO - Not offered 8 December
Monthly Monthly Yearly
Visits Visits
2023-2024 2023-2024 2023-2024
Child Admission 0 0 3294
Adult Admission 0 0 1833
Lap Swim Adult 0 0 17
Lap Swim Senior 0 0 106
Adult Swim Lessons 0 0 0
Children's Lessons 0 0 3408
Senior Water Exercise 0 0 6
Aqua Zumba 0 0 222
Pool Rentals: 0 0 1620
Cabana Rentals 0 0 175
TOTAL 0 0 11395
Senior Admission 0 0 354
Aquatic Center Lobby Rentals: N/A N/A N/A
Dive-In Movie Admission 0 0 360
We had a wonderful summer and are grateful for all
the fun we had. See you next year!
250
9 n/a - Figures not applicable min - Minimum participation not met NO - Not offered Special Events Year-to-Date
# Participants/Attendees 2023-2024
Monthly 2023-2024
July 4th Celebration 0 2000
Evening Concert Series 0 8650
Pop-Up in the Park 0 0
Stagecoach Days Kid Zone 0 1000
Halloween Trunk or Treat 0 1500
Hispanic Heritage 0 550
Beary Party 0 0
Santa Shoppe & Pancake Breakfast 270 270
Christmas Movie Party 15 15
Christmas at the Ranch 0 0
Paint or Lego Party 0 21
Total: 285 14006
What another wonderful and successful Santa Shoppe and Breakfast with Santa this year! We had so many happy faces ready for the start of their holiday fun and shopping.
251
The Outdoor Equity Program seeks to provide outdoor experiences and opportunities to the Banning community. Combining education and the outdoors, the Outdoor Equity Program allows participants to seek enriching experiences through awesome trips like these trips coming up in the new year! We truly enjoying bringing fun experiences like this to the community. 10 December
Monthly Monthly Yearly
Events/
Activities
Participants Participants
2023-2024 2023-2024 2023-2024
Community Clean Ups 0 0 0
Events 0 0 40
Programs 0 0 30
Trips 0 0 168
TOTALS 0 0 238
This program funded by the Outdoor Equity Grants Program, created through AB 209 and administered by California State Parks, Office of Grants and Local Services. 252
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Nate Smith, Public Works Deputy Director
Art Vela, Director of Public Works
MEETING DATE: February 13, 2024
SUBJECT: Consideration of Amendment No. 1 to the Purchase Order with Couts Heating and Cooling, Inc. of Corona, California for As-Needed HVAC services for City of Banning facilities in the amount of $15,000 for a total purchase order of $40,000
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve Amendment No. 1 to the purchase order with Couts Heating and Cooling of Corona, Inc. of Corona, California for as-needed HVAC services for City of Banning facilities in the amount of $15,000 for a total purchase order of $40,000.
2. Authorizes the City Manager or designee to make necessary budget adjustments, appropriations, and transfers related to Amendment No. 1 to the purchase order with Couts Heating and Cooling, Inc. for as-needed HVAC services.
3. Authorizes the City Manager to execute Amendment No. 1 to the purchase order.
BACKGROUND:
The City of Banning has utilized the services of Couts Heating and Cooling ("Couts") for on-call and asneeded HVAC services for City owned facilities. The existing purchase order for $25,000 was executed on July 1, 2023 for the 2023/2024 fiscal year and expires on June 30, 2024. The purchase order limits any single item not-to-exceed $5,000.
JUSTIFICATION:
The fiscal year's purchase order with Couts in the amount of $25,000 has nearly been exhausted.
Amendment No. 1 will amend the purchase order by adding an additional $15,000 to it, which staff feels is sufficient to cover work orders for the remainder of the fiscal year.
FISCAL IMPACT:
There is sufficient budget in the approved Building Maintenance budget (Fund 704), for fiscal year 2023/2024, to fund Amendment No. 1 to the Couts purchase order.
ALTERNATIVES:
Do not approve Amendment No. 1, which would delay necessary repairs to heating and air conditioning systems at City facilities.
ATTACHMENTS:
1. Att 1. PO 032374 COUTS HEATING & COOLING, INC.pdf
253
City of Banning BLANKET ORDER
Purchasing Division
P: (951) 922- 3129
purchasing@banningca. gov
VENDOR #:
VENDOR NAME:
VENDOR ADDRESS:
5345
COUTS HEATING & COOLING, INC
801 E PARKRIDGE AVE
VENDOR PHONE: ( 951) 278- 5560
VENDOR FAX: ( 951) 278- 0650
PURCHASE
ORDER NO.
032374
Type: B
PRINT DATE: 8/ 9/ 2023
SHIP TO: BUILDING MAINTENANCE
176 E LINCOLN ST
PO BOX 998
BANNING, CA 92220
Our P. O. # MUST Appear on ALL Invoices, Packages and Correspondence DELIVER BY REQUISITION # REQUISITION DATE CONFIRMED BY
08/ 2023 07/1/ 2023 MARK OLIVARRIA
FOB ACCOUNT NUMBER AUTHORIZED BY
BARBARA MASON
ITEM QUANTITY/ DESCRIPTION UNIT EXTENDED
UNIT ARTICLE OR SERVICE ' COST COST
BUILDING MAINT AS NEEDED HVAC SVCS
Effective date: 07/1/ 2023
Expiration date: 06/ 30/ 2024
Not to exceed: 25, 000.
THIS PURCHASE ORDER IS A NON— EXCLUSIVE,
INDEFINITE
AND MAY BE INCREASED OR DECREASED AT ANY
TIME AT
THE DISCRETION OF THE CITY.
NO SINGLE ORDER EXCEEDING $ 5, 000.
SHALL BE
PLACED AGAINST THIS BLANKET ORDER.
ORDERS
EXCEEDING $ 5, 000. SHALL BE
COMPETITIVELY BID.
Send Original Invoice to:
FINANCE DEPARTMENT
99 E RAMSEY ST
PO BOX 998
BANNING, CA 92220
AUTHORIZED SIGNATURE 00 -ifVENDOR ACKNOWLEDGEMENT
RECEIVED BY
APPROVED FOR PAYMENT BY 254
City of Banning BLANKET ORDER
Purchasing Division
P: (951) 922- 3129
purchasing@banningca. gov
PURCHASE
ORDER NO.
032374
Type: B
PRINT DATE: 8/ 9/ 2023
VENDOR #: 5345
VENDOR NAME: COUTS HEATING & COOLING, INC SHIP TO: BUILDING MAINTENANCE VENDOR ADDRESS: 801 E PARKRIDGE AVE 176 E LINCOLN ST
PO BOX 998
BANNING, CA 92220
VENDOR PHONE: ( 951) 278- 5560
VENDOR FAX: ( 951) 278- 0650
Our P. O. # MUST Appear on ALL Invoices, Packages and Correspondence DELIVER BY REQUISITION # REQUISITION DATE CONFIRMED BY
08/ 2023 07/1/ 2023 MARK OLIVARRIA
FOB ACCOUNT NUMBER AUTHORIZED BY
BARBARA MASON
ITEM QUANTITY/ DESCRIPTION UNIT EXTENDED
UNIT ARTICLE OR SERVICE COST COST
255
CITY OF BANNING
PURCHASE ORDER TERMS AND CONDITIONS
This Purchase Order including all attachments, constitutes the entire agreement between the vendor and the City ofB arming ( City) covering the goods and/ or services describedherein ( the "goods") except as otherwise noted on the front. Failure to decline to perform inwriting constitutes agreement to the terms ofthe Purchase Order.
I. DEFINITIONS: The term " City" means the City of Banning, California, Purchasing Manager" means authorized personnel from the Purchasing Division, and " Vendor" or " Contractor" means person, firm or corporation providing the goods and/ or services to the City. " Goods" means the products, goods, commodities or services purchased pursuant to the Purchase Order. The word " Purchase Order" means the Purchase Order or Blanket Purchase Order, including all attachments such as specifications, or contract agreements issued to the vendor by the City.
In the event of a conflict between a signed contract agreement with the City, and these terms and conditions, the signed contract agreement takes precedence.
2. PRICE: This Purchase Order shall not be filled at prices higher than specified herein. If the delivery of the commodity or service cannot be made exactly as specified and at the time and price shown, notify the City Purchasing Division immediately at the address located on the Purchase Order.
3. CHANGES: This Purchase Order may, at any time, be changed with regard to the material or services to be furnished, or other matters affecting a valid order. However, in order to be effective, any such change or amendment must be in writing. In the event that any such change or amendment causes an increase or decrease in the cost of performance hereunder, an equitable adjustment shall be made to reflect the increase or decrease in the cost thereof. Any such adjustment shall be subject to a written Change Order approved by the Purchasing Manager.
No substitution of Goods ordered will be made unless authorized by the Purchasing Manager.
4. EXCISE TAX: If Federal Excise Tax is applicable to the transaction, it must be so stated and excluded fromtheprice of the article. The City of B arming, as a governmental agency, is exempt from the payment of said tax and will issue an exemption certificate upon request.
5. SALES AND USE TAXES: Sales tax must be shown on the invoice as a separate item. On out-f- sate purchases, the vendor must show his Use Tax Permit Number issued by the California State Board of Equalization, which has authorized him to charge and collect California sales tax.
6. FREIGHT CHARGES: No charges for transportation, containers, packing, etc. will be allowed unless so specified in this Order. Unless otherwise noted, freight is to be shipped F. O. B. Destination. Vendor owns title to goods and is responsible for goods until reaching the City ' s designated destination. When freight charges are pre -approved by the City, the seller' s actual freight charges shall be prepaid and added to the invoice. These charges shall be shown as a separate item on the invoice.
7. DELIVERY DATE: Ifthis Purchase Order is issued for Services, vendor must have work completed by delivery date. If the Purchase Order is for goods, the goods must be shipped and must arrive at the destination specified by the City in strict compliance with the shipping and quantity schedule set forth on the first page of this Purchase Order.
Any failure by the Vendor to meet the required delivery date ( set forth on the Purchase Order) will constitute a material default. The Vendor must notify the City immediately if the Vendor reasonably believes that the Vendor will not be able to meet the required delivery date for any reason. In addition, the Vendor must promptly provide the City with a schedule thatthe Vendor reasonable believes it willbe able to meet.
S. INSPECTION AND ACCEPTANCE: Inspection and acceptanceshall be at the destination specified on the face of the Purchase Order, unless otherwise directed by the City. Until delivery and acceptance, and after any rejections, risk of loss will be on the vendor unless loss results from the negligence of the City of Banning. In the event that the goods or services delivered are defective, or are not in conformity with the Purchase Order, the City shall have the right to either reject said goods or services, or require that they be corrected or otherwise brought into conformity with the terms set forth in the Purchase Order. The City' s failure to inspect and either accept or reject the goods or services delivered shall not relieve the supplier/ contactor for the responsibility for strict compliance with the terms and specifications of the Purchase Order. Upon the City' snotice to supplier/ contactor of its rejection of the goods or services provided or the need for the correction thereof All such defective goods or services shall be removed from City premises and any and all expenses incurred in the removal and/ or correction of such defective goods or services shall be borne entirely by the supplier/ contactor. It is mandatory for a manufacturer, supplier, or distributorto supply a Material Safety Data Sheet withthe first shipment of hazardous material. Also at any time the content of an MSDS is revised, the vendor is required to provide new information relevant to the specific material. The City' s Purchase Order Number must be clearly marked on all packages, shipping documents and invoices.
9. TERMINATION: Citymay, uponwrittennoticetovendorandwithout liability to City, cancel this contract and any outstanding deliveries hereunder, ( 1) as to products of vendor not then shipped, at any time prior to shipment, or ( 2) if (A) a receiver or trustee is appointed to take possession ofall or substantially all ofthe vendor' s
assets; or (B) vendor
makes a general assignment for the benefit of creditors; or ( C) any action or proceeding is commenced by or against vendor under any insolvency or bankruptcy act, or under any other statute or regulation having as its purpose the protection of creditors; or (D) vendor becomes insolvent or commits an act of bankruptcy. If an event described in (2) of this section occurs, City may at City' ssole election pay vendor its actual out-f- pocket costs to date ofcancellation, as approved by City, in which event the goods shall be the property of City and vendor shall safely hold the same subj ect to receipt of City' sshipping instructions.
10. INVOICES AND PAYMENTS: Two copies of the invoice should be mailed to the City of Banning Finance Department at the address stated on the front of this Purchase Order. Invoices shall contain the Purchase Order Number, description of Goods, unit price, quantity billed and extended totals. Unless otherwise specified, payment will be made on partial deliveries accepted by the City when the amount due on such deliveries so warrants. Payment terms are NET/ 30 unless otherwise specified. All Cash Discounts shall be taken and computed from the date of delivery or completion and acceptance of the material, or from date of receiptof invoice, whichever is latest.
11. CONFLICT OF INTEREST: No officer or employee of the City may have any financial interest, direct or indirect, in this Purchase Agreement. No officer or employee of the City may participate in any decision relating to the Purchase Agreement which effects the officer' s or employee' sfinancial interest, or the financial interest of any corporation, partnership or association in which the officer or employee is directly or indirectly interested.
12. LIABILITY: The vendor/ contractor shall defend, indemnify and hold harmless the City of Banning, its elected officials, officers, directors, employees, agents and volunteers from all claims, losses, damages, costs, expenses and suits, in law or in equity, because of personal injury, property damage or alleged or actual patent infringements, use of any copyrighted or uncopyrighted composition, secret process, article or appliance furnished or used under this order. Further, vendor/ contractor warrants that the vendor shall indemnify and save and hold the City of Banning harmless from and against any and all claims and liabilities for injury or death to any person or damage to property arising out of the vendors' performance under this Purchase Order.
13. LICENSE REQUIREMENTS: If this Purchase Order covers the performance of labor by vendor on City' s premises, the vendor is required to have the appropriate State of California Contractor' s License, if applicable. All vendors/ contractors who perform work within the city, must have, on file at the City of Banning, a current and valid City business license.
14. PREVAILING WAGES: If this Purchase Order is for a public works project, except for public works projects of one thousand dollars 1, 000) or less, contractor must comply with the State of California, Labor Code, Section 1771, with regard to payment ofprevailing wages.
This section is applicable to contracts for maintenance work.
15. INSURANCE REQUIREMENTS: If this Purchase Order covers the performance of labor by vendor on City' spremises, the vendor shall provide a certificate of insurance evidencing General Liability Insurance coverage of $2, 000,00 per occurrence for bodily injury, personal injury and property damage. Automobile Insurance coverage of $1, 000,00 per accident for bodily injury and property damage; and ( 3) Workers' Compensation and Employer' s Liability: Workers' compensation limits as required by the Labor Code of the State of California. Employers Liability limits on 1, 000,00 per accident for bodily injury or disease.
The City of Banning, its elected officials, officers, directors, employees, agents and volunteers must be named as additional insured on the policy.
16. GOVERNING LAW: This Purchase Order will be administered and interpreted under the laws of the State of California. Vendor warrants that it will comply with all federal, state, and local laws, ordinances, rules and regulation applicable to its performance under this Purchase Order. Any clause required by any law, ordinance, rule or regulation to be included in a contract of the type evidenced by this document shall be deemed to be incorporatedherein.
256
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Kevin Sin, Senior Civil Engineer
Art Vela, Director of Public Works
MEETING DATE: February 13, 2024
SUBJECT: Accept as Complete Various Public Improvements Related to the Atwell Specific Plan Development and Authorize the 90% Bond Exoneration RECOMMENDATION:
Staff recommends that City Council accept as complete various public improvements related to the Atwell Specific Plan Development and authorize the 90% exoneration of those bonds covering those public improvements.
BACKGROUND:
On September 8, 2020, City Council adopted Resolution 2020-114 approving Final Tract Maps 37390, 37390-1, 37390-2 and 37390-F (PA 8), releasing the maps for recordation; authorizing staff to sign the subdivision improvement agreements and final tract maps; and accepting various Performance and Labor and Material Bonds for public improvements.
On December 10, 2019, City Council adopted Resolution 2019-154 approving Final Tract Map 37474 (PA 3), releasing the map for recordation; authorizing staff to sign the subdivision improvement agreement and final tract map; and accepting the Performance and Labor and Material Bond for public improvements.
On December 10, 2019, City Council adopted Resolution 2019-152 approving Final Tract Map 37298-2 (PA 1A), releasing the map for recordation; authorizing staff to sign the subdivision improvement agreement and final tract map; and accepting the Performance and Labor and Material Bond for public improvements.
On December 10, 2019, City Council adopted Resolution 2019-151 approving Final Tract Map No. 37298-1, releasing the map for recordation; authorizing staff to sign the subdivision improvement agreement and final tract map; and accepting the Performance and Labor and Material Bond for public improvements.
On June 14, 2022, City Council adopted Resolution 2022-83 authorizing staff to sign the paving, grading and drainage agreement with Tri Pointe Homes for the Foothill West Zone Reservoir Site. And on June 28, 2022, the City Council accepted an easement from Tri Pointe Homes for the Foothill West Zone Reservoir Site within Tract 35967 (PA 50A) for the construction of a potable water reservoir.
As conditions of approval for the Atwell Specific Plan development, Tri Pointe Homes was required to sign subdivision improvement agreements and to submit bonds to assure the City that the required public improvements are constructed according to City standards and specifications. 257
These public improvements included street, water, sewer, storm drain and monumentation associated with Tracts 37390, 37390-1, 37390-2 and 37390-F (PA 8); Tract 37474 (PA 3); Tract 37298-2 (PA 1A); Tract 37298-1; and Tract 35967 (PA 50A) of the Atwell Specific Plan Development.
JUSTIFICATION:
Staff has verified through inspections that the required public improvements were completed per City standards and specifications and recommends that City Council accept the public improvements as complete and authorize the 90% bond exoneration for the following bonds:
Bond # Bond Amount Improvements
CMS0339962 $781,298.50 PA 8 Sewer
CMS0339963 $1,234,334.10 PA 8 Street
CMS0339964 $603,508.50 PA 8 Water
CMS0339965 $46,172.50 PA 8 Monumentation
CMS0339966 $242,581.00 PA 8 Backbone Potable Water
CMS0339967 $43,941.50 PA 8 Backbone Non-potable Water
CMS0339968 $548,076.78 PA 8 Backbone Street
CMS331809 $543,973.00 PA 3 Water
CMS331810 $113,574.00 PA 3 Storm Drain
CMS331811 $502,670.75 PA 3 Sewer
CMS331816 $404,248.00 PA 1A Water
CMS331817 $63,123.50 PA 1A Storm Drain
CMS331818 $838,334.48 PA 1A Street
CMS331819 $443,785.00 PA 1A Sewer
CMS331797 $129,122.00 Tr. 37298-1 Atwell Drive Water
CMS331780 $97,324.50 Tr. 37298-1 Creekside Avenue Sewer CMS331782 $207,506.00 Tr. 37298-1 Creekside Avenue Water CMS331790 $811,943.70 Tr. 37298-1 Wilson Sewer
CMS331791 $56,655.75 Tr. 37298-1 Wilson Water
CMS331789 $245,525.00 Tr. 37298-1 Wilson Storm Drain
PB03010408001 $4,475,000.00 Foothill West Zone (FWZ) Reservoir PB03010408002 $405,215.44 FWZ Site Paving, Grading and Drainage The remaining 10% of the bond amounts will remain for a period of 12 months (maintenance period) at which point the 10% balance will be released and the improvements will become City owned and maintained improvements.
FISCAL IMPACT:
Not applicable. The cost of the improvements were paid for by Tri Pointe Homes.
ALTERNATIVES:
1. Accept staff recommendation to accept as complete various public improvements related to the Atwell Specific Plan Development and authorize 90% bond exoneration.
2. Do not accept staff’s recommendation. Without approval from City Council, 100% of the bond amounts will remain in place, which may be viewed as unreasonable since Tri Pointe Homes has met their requirements for the release of the bonds.
ATTACHMENTS:
1. Atwell PA8 (Tr 37390-F) SIA and Bonds.pdf
2. Atwell Phase 1B BB (Tr 37390 -1 -2 -F) SIA and Bonds.pdf
3. Atwell PA 3 (Tr 37474) SIA and Bonds.pdf
4. Atwell - PA 1A (Tr 37298-2) SIA and Bonds.pdf
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5. Atwell FWZ SIA and Bonds.pdf
6. Tr 37390 Storm Drain Imp Plan.pdf
7. Tr 37390-1 Sewer Imp Plan.pdf
8. Tr 37390-1 STREET and WATER ON-SITE Imp Plans.pdf
9. Tr 37390-2 SEWER Imp Plan.pdf
10. Tr 37390-2 STREET Imp Plan.pdf
11. Tr 37390-2 WATER Imp Plan.pdf
12. Tr 37390-F Sewer Street and Water Imp Plans.pdf
13. Tr 37474 SEWER Imp Plan (rev2).pdf
14. Tr 37474 STREET Imp Plan (rev2).pdf
15. Tr 37474 WATER Imp Plan (rev2).pdf
16. Tr 37298-1 Wilson Creekside Atwell Sewer and Water Imp Plan.pdf
17. FWZ-RES Mechanical Imp Plan.pdf
18. FWZ-RES Site Paving Grading and Drainage Plan.pdf
19. Attachment 1e - Tr 37298-1 Wilson SD Imp Bond.pdf
20. Attachment 1e - Tr 37298-1 Wilson Sewer Imp Bond.pdf
21. Attachment 1e - Tr 37298-1 Wilson Water Imp Bond.pdf
22. Attachment 1e - Tract 37298-1 SIA.pdf
23. Attachment 2b - Tr 37390-1 Sewer Imp Plan.pdf
24. Attachment 2b - Tr 37390-1 Street Imp Plan.pdf
25. Attachment 1e - Tr 37298-1 Atwell Drive Water Bond.pdf
26. Attachment 1e - Tr 37298-1 Creekside Ave Sewer and Water Bonds.pdf
27. Attachment 2b - Tr 37390-1 Water Imp Plan.pdf
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11303-0014\2299407v5.doc 1
CITY OF BANNING
SUBDIVISION IMPROVEMENT AGREEMENT
* * * * * * SUBDIVISION REFERENCE DATA * * * * * *
[ ] FINAL TRACT MAP NO. 37390-F (“Final Map” herein)
[ ] PARCEL MAP NO. (“Parcel Map” herein)
NAME OR TRACT NUMBER OF
SUBDIVISION (“Subdivision”
herein):
ATWELL - 37390-F
NAME AND ADDRESS OF
SUBDIVIDER(S):
PARDEE HOMES
1250 CORONA POINTE CT, #600
CORONA, CA 92881
CITY COUNCIL RESOLUTION
OF APPROVAL NO.
(“Resolution of Approval” herein)
DATE(S) THAT IMPROVEMENT PLANS WERE APPROVED BY THE CITY ENGINEER:
IMPROVEMENT/PLAN NO.:
Sewer Improvement Plans -Approved 7/19/2020
Street Improvement Plans -Approved 7/19/2020
Water Improvement Plans -Approved 7/19/2020
Monumentation Plans -Approved 8/19/2020
ESTIMATED TOTAL COSTS: IMPROVEMENTS $ 2,619,141.10
GRADING $
MONUMENTATION $ 46,172.50
TOTAL: $ 2,665,313.60
FORM OF IMPROVEMENT
SECURITY:
[ ] AAA Corporate surety bonds
NAME AND ADDRESS OF
CORPORATE SURETY (if
applicable):
[ ] Deposit of money
RLI Insurance Company
(Name of Corporate Entity)
9025N. Lindbergh Dr.
(Street Address)
Peoria, IL 61615
(City) (State) (Zip)
260
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SURETY BOND NUMBERS (if
applicable): - PA 8 Monumentation Bond #CMS0339965
- PA 8 Sewer Improvements Bond#CMS0339962
- PA 8 Street Improvements Bond#CMS0339963
- PA 8 Water Improvements Bond#CMS0339964
EFFECTIVE DATE OF
AGREEMENT: (to be inserted by City)
COMPLETION PERIOD: All improvements of Tract _____ (including the complete water and sewer system in ______ Street) with the exception of the roadway (street) improvements on ______ Street, shall be completed within two years from the Effective Date of the Agreement. _______ Street roadway (street) construction (so that ______ Street is a continuous route from __________ to _______________) shall be constructed prior to the Certificate of Occupancy for development of lots ____and ____ of Tract _____.
* * * * * * * * * * * * * * * * * * * * * *
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1. SUBDIVIDER’S OBLIGATION TO CONSTRUCT IMPROVEMENTS .........2
2. INSPECTION OF WORK AND FINAL ACCEPTANCE ..................................4
3. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS.....................5
4. TIME EXTENSIONS ...........................................................................................5
5. IMPROVEMENT SECURITY.............................................................................6
6. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY .....................7
7. INDEMNIFICATION OF CITY BY SUBDIVIDER ..........................................9
8. INSURANCE......................................................................................................11
9. OWNERSHIP OF THE IMPROVEMENTS......................................................16
10. PREPARATION AND RECORDATION OF CC&RS .....................................17
11. DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES
OF THE CITY ....................................................................................................17
12. RELATIONSHIP OF THE PARTIES................................................................19
13. ASSIGNMENT...................................................................................................19
14. NOTICES............................................................................................................20
15. ENTIRE AGREEMENT.....................................................................................20
16. SEVERABILITY................................................................................................20
17. INCORPORATION OF SUBDIVISION REFERENCE DATA
AND RECITALS................................................................................................20
18. GOVERNING LAW...........................................................................................20
19. EFFECTIVE DATE OF THE AGREEMENT ...................................................21 262
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into by and between the City of Banning, a municipal corporation (“City”), and the Subdivider whose name and address is set forth above in the Subdivision Reference Data.
RECITALS
A. Subdivider has presented to the City for approval and recordation a Final Map, identified above in the Subdivision Reference Data, of a proposed subdivision pursuant to the Subdivision Map Act of the State of California and the City’s ordinances and regulations as such ordinances and regulations are vested under the development agreement recorded in the official records of the County of Riverside on July 17, 2012 as Document No. 2012-0332888 (“Development Agreement”) relating to the filing, approval and recordation of subdivision maps (collectively referred to herein as the “Subdivision Laws”).
B. A tentative map of the Subdivision was previously approved by City, subject to the Subdivision Laws and to the City’s standard requirements as vested under the Development Agreement and conditions of approval contained in the City Council’s Resolution of Approval, a copy of which is on file in the Office of the City Clerk and which is incorporated herein by this reference.
C. The Subdivision Laws establish, as a condition precedent to the approval of a Final Map, that the Subdivider comply with the City Council’s Resolution of Approval and either (i) complete, in compliance with applicable City standards, all of the improvements and land development work required by the Subdivision Laws and the City Council’s Resolution of Approval; or (ii) enter into a secured agreement with the City to complete the improvements and land development work within a period of time specified by the City.
D. In consideration of approval of the Final Map for the Subdivision by the City Council, Subdivider desires to enter into this Agreement whereby Subdivider promises to install and complete, at its sole expense, except as otherwise provided in a credit/reimbursement agreement as provided for in the Development Agreement, all public improvement work required by the City as set forth on the Improvement Plans (as defined below) for the proposed Subdivision. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. In any conflict between the terms in this Agreement and the Development Agreement, the Development Agreement shall be the controlling document.
E. Improvement Plans, and related specifications, numbered as designated above in the Subdivision Reference Data, for the construction, installation and completion of the Improvements identified in Schedule A hereto, have been prepared by the Subdivider, approved by the City Engineer, and are on file in the office of the City Engineer. Said Improvement Plans, and related specifications, subsequently modified by 263
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the mutual written agreement of the parties, are hereby referred to as the “Improvement Plans” and are incorporated herein by this reference. Any improvement to be constructed pursuant to the Improvement Plan is hereby referred to individually as an “Improvement” and collectively as the “Improvements”.
NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the Final Map of the Subdivision, Subdivider and City agree as follows:
1. SUBDIVIDER’S OBLIGATION TO CONSTRUCT IMPROVEMENTS
A. Subdivider shall, at its sole expense, unless otherwise provided in a credit/reimbursement agreement as provided for in the Development Agreement, and in compliance with the provisions of the Subdivision Laws, the Improvement Plans, conditions of approval of the Tentative Map, and all applicable City standards and fees, and in a good and workmanlike fashion, furnish, construct, install and guarantee (as set forth in Section 3) the Improvements, Grading, and Monumentation described on the tentative map and in the City Council’s Resolution of Approval relating thereto (collectively, the “Improvements”).
B. To the extent necessary to construct the Improvements, as determined by the City Engineer, the Subdivider shall acquire and dedicate, or pay the reasonable, documented cost of acquisition by City of, all rights-of-way, easements and other interests in real property for the construction or installation of the Improvements, free and clear of all liens and encumbrances. If the Subdivider is unable to acquire such rights-of-way, easements and other interests in real property by negotiation, then Subdivider shall, within 120 days of Final Map approval, enter into a condemnation agreement with City pursuant to Government Code Section 66462.5, by which the City will commence the process for the acquisition of the rights-of-way, easements or other real property.
C. Subject to any time extensions granted in accordance with Section 4, Subdivider shall complete all Improvements within its respective “Completion Period” specified in the Subdivision Reference Data; provided, however, that if the City Engineer reasonably determines in good faith that accelerated construction of the Improvements is essential in order to protect the public health, welfare and safety, the City Engineer shall give Subdivider not less than fifteen (15) business days' prior written notice to commence or accelerate installation and construction of such Improvements, or any portion thereof. The notice shall be in writing, and shall describe the work to be done by Subdivider, the time within which the work will commence, the period within which the work will be completed and identify the reasons that such early commencement is essential in order to protect the public health, welfare and safety. All or any portions of said Improvements may be required to be constructed or completed at a specified time, providing the foregoing criteria is met. If the Subdivider objects to the commencement or acceleration of the Improvements as specified by the City Engineer, Subdivider may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within 10 days after receipt by Subdivider of the written notice from the City Engineer.
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D. If the Improvements to be constructed by Subdivider include monumentation, such monumentation shall be installed not later than thirty (30) days after the City’s acceptance of all other Improvements pursuant to Section 2. As used herein, “monumentation” shall mean the setting of survey monuments and tie points in accordance with the Subdivision Laws, and the delivery to the City Engineer of tie notes for said points.
E. Subdivider shall , at its sole expense, unless otherwise provided in a credit/reimbursement agreement as provided for in the Development Agreement, replace or repair all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed by Subdivider under this Agreement during or after the Completion Period.
Any such replacement or repair shall be subject to the approval of the City Engineer.
F. In addition to, and separate from, the indemnity obligations contained in Section 9 of this Agreement, and without limiting the City’s remedies under general construction defect law, Subdivider shall be responsible for the care, repair and maintenance of the applicable portion of the Improvements until the latter of the following time periods: (i) the Improvements or applicable portion thereof is accepted in writing by the City; or (ii) the expiration of the required one-year guarantee and warranty period as specified herein; or (iii) the expiration of any applicable period of time requiring the care, repair and maintenance of the applicable Improvement specified in the Development Agreement (not including the term of any Development Agreement).
Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements and that may result from the construction of the Improvements prior to their completion and written acceptance by the City G. In addition to, and separate from: (1) the indemnity obligations contained in Section 7 of this Agreement, (2) the care, repair and maintenance provisions under paragraph E of this Section 1 of this Agreement; and (3) the warranty and guarantee provisions of Section 3 of this Agreement, Subdivider shall repair and correct, or be liable to the City for any cost to repair and correct, any defect in the construction of the Improvements that is identified by City within in accordance with general construction defect law ten (10) years after City’s acceptance of the Improvement, provided the City provides written notice to Subdivider of the existence of the defect within that the time period under law, and the defect is caused directly or indirectly by the design, construction, functionality, installation, assembly or workmanship of Subdivider. Nothing contained in this paragraph is intended to limit or otherwise waive any right or cause of action under applicable construction defect law that City may assert against Subdivider.
H. Subdivider shall, at its sole expense, unless otherwise provided in a credit/reimbursement agreement as provided for in the Development Agreement, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all applicable fees required by City ordinance or resolution and all taxes required by law.
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I. Not less than seven (7) days prior to commencement of work on the Improvements, Subdivider shall give written notice to the City Engineer of the date fixed for such commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections.
J. SUBDIVIDER shall pay all applicable City fees and costs stipulated in the latest fee resolution as adopted by the City Council from time to time as required for the development of the SUBDIVISION including but not limited to the following:
1. Building Permit Fees --- to be paid at the time of building permit issuance;
2. Final Map Plan Check Fees --- to be paid at time of
submittal of final map for plan check and resubmittal of revised final map for plan check;
3. Final Map Moratorium Fees --- to be paid from cash
deposit established at time of filing final map;
4. Plan Check and Review Fees --- to be paid from cash
deposit established at time of filing improvement plans for plan check;
5. Encroachment Permit Fees --- to be paid at time of
application for encroachment permit;
6. Inspection Fees --- to be paid from cash deposit established at time of construction permit issuance; and
7. Grading Permit Fee --- to be paid from cash deposit
established at time of grading permit issuance.
K. Subdivider shall provide City with final Record Drawings of all plans developed for the Subdivision, showing all changes and as built conditions as specified in the Tentative Tract Map Conditions of Approval, and shall provide electronic image files of those final Record Drawings consistent with electronic image file size and type specifications of the City prior to the acceptance of improvements and release of bonds or other security.
2. INSPECTION OF WORK AND FINAL ACCEPTANCE
A. Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by the City Engineer and other City personnel and inspection consultants.
B. Upon completion of the work on all or any category of the Improvements, the Subdivider may request a final inspection by the City Engineer.
Within forty-five (45) days of receipt of the written letter request, the City Engineer shall 266
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inspect the Improvements and provide written notice to Subdivider of the list of items which have been found to be incomplete and the list of items which have been found to be complete. If the City Engineer determines that all or any specified category of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City standards, then the City Engineer shall acknowledge that determination in a report to the City Council. If the Improvements that are completed are to be dedicated to or owned by the City (Improvements within City right of way and property for public use), the City Engineer’s determination shall be submitted to the City Council for final acceptance by the City, unless such power to accept has been delegated by the City Council to the City Engineer or some other officer of the City, in which case the final acceptance shall be subject to the approval of that specified official. If the Improvements that are completed are to be dedicated to or owned by a public entity other than the City, the Subdivider’s written request shall be submitted to the applicable public entity or other owner, for final acceptance. Subdivider shall bear all costs of inspection and determination of completeness in accordance with City’s formally adopted and applicable fees and rates.
C. Acceptance of all or any specified category of the Improvements by the City Council shall be made upon recommendation and certification of the City Engineer following inspection of said Improvements pursuant to subparagraph B above.
The City Council shall act upon the City Engineer’s recommendation that such public Improvements have been completed unless such power to accept has been delegated by the City Council to the City Engineer or some other officer of the City, in which case the final acceptance shall be subject to the approval of that specified official. Acceptance by the City or by the governing body of the entity that is to accept dedication or ownership of the public improvements shall not constitute a waiver by the City or such other public entity of any defects in the public Improvements.
3. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS
A. If, within a period of one year following acceptance by the City of the applicable Improvements specified in Schedule A, any Improvements or part of any Improvements specified in Section A furnished, installed or constructed by the Subdivider, or any of the work performed under this Agreement by Subdivider, fails to comply with any requirements of this Agreement, or the Subdivision Laws, or the Improvement Plans and related specifications, the Subdivider shall, without delay and without cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. Subdivider’s obligations hereunder shall include the repair, replacement or reconstruction of all irrigation systems and all trees, shrubs, ground cover and landscaping for such one year.
B. Should the Subdivider fail or refuse to act promptly or in accordance with subparagraph A above, or should the exigencies of the situation require repair, replacement, or reconstruction to be undertaken before the Subdivider can be notified and can perform the necessary work, then the City may, in its discretion, make the necessary repairs or replacements or perform the necessary reconstruction and draw upon the Subdivider’s improvement security to reimburse itself for the costs incurred. If 267
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the Subdivider’s improvement security does not cover the total cost of such repair, replacement, or reconstruction, the Subdivider shall reimburse the City for any excess costs incurred.
C. The security furnished for the faithful performance of the Subdivider’s obligation to construct and install the Improvements described herein shall include the Subdivider’s liability and obligation hereunder to provide the one-year guarantee and warranty of the Improvements.
4. TIME EXTENSIONS
A. Upon a showing by the Subdivider of good cause therefor, the duration of the Completion Period for the Improvements (or any of them) may be extended by the City Engineer in writing. As used herein, “good cause” may include, without limitation, delay resulting from, arising out of or relating to an act of the City; acts of God or force majeure, strikes, boycotts or similar job actions by employees or labor organizations which prevent the conduct of the work; findings made by a governmental entity that the site of a particular Improvement is of archeological significance or requires further permitting and approval; and/or actions or failure to act of native American monitor(s); and, the order of any court.
B. A time extension may be granted without notice to any surety or sureties of the Subdivider and shall not affect the validity of this Agreement nor release the surety or sureties on any bond given as an improvement security pursuant to this Agreement.
C. As a condition of any time extension provided for herein, the City Engineer, may require the Subdivider to furnish new or modified improvement security guaranteeing performance of this Agreement, as extended, in an increased amount as necessary to compensate for any projected increase in the Estimated Total Cost of Improvements, as determined by the City Engineer.
5. IMPROVEMENT SECURITY
A. Prior to City’s execution of this Agreement, Subdivider shall provide as security to the City:
1. For Performance and Guarantee: Security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the Improvements, excluding Grading, as set forth above in the Subdivision Reference Data. The security shall be issued by a bonding company licensed to issue bonds in the State of California and having a Best rating of AAA or better.
With this security, the form of which shall be subject to City Attorney’s prior approval, the Subdivider assures faithful performance under this Agreement and guarantees the Improvements for one year after the completion and acceptance of the applicable portion of such Improvements, against any defective workmanship or materials or any unsatisfactory performance, pursuant to Section 3 hereof. 268
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2. For Payment: Security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the Improvements, excluding Grading, as set forth above in the Subdivision Reference Data. The security shall be issued by a bonding company licensed to issue bonds in the State of California and having a Best rating of AAA or better. With this security, the form of which shall be subject to City Attorney’s prior approval, the Subdivider guarantees payment to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them or to the Subdivider.
B. If the improvement security is a corporate surety bond and, in the opinion of the City, any surety or sureties thereon become insufficient, because (i) the surety becomes insolvent; (ii) the surety's bond rating is downgraded; (iii) the surety declares bankruptcy; or (iv) the surety is no longer deemed to be an admitted surety in California by the California Department of Insurance, or (v) the form of the surety or the amount is found by City to be in error or materially insufficient, the Subdivider shall renew or replace any such surety bond with good and sufficient surety or sureties within thirty (30) days after receiving from City written demand therefor.
C. The amount of security for performance, payment and warranty obligations provided by this section shall not include the cost of monumentation, as required by Government Code Section 66497 so long as a separate cash deposit or security acceptable to the City Engineer for the estimated cost of monumentation has been submitted to the City.
D. Improvement security consisting of corporate surety bonds, in a form accepted by the City Attorney, shall be filed with the City Engineer and then kept on file with the City Clerk. If a corporate surety bond is replaced by another approved bond, the replacement shall be submitted to the City Engineer and, upon filing with the City Clerk, shall be deemed to have been made a part of and incorporated into this Agreement. Upon submission to the City Engineer and then filing with the City Clerk of a replacement bond, the former improvement security shall be released following written approval of the City Engineer.
E. Modifications of the Improvement Plans and related specifications, and modifications of the Improvements, not exceeding ten percent (10%) of the original Estimated Total Cost of the Improvements, shall not relieve or release any improvement security furnished by Subdivider pursuant to this Agreement. If any such modifications exceed ten percent (10%) of the Estimated Total Cost of the Improvements, Subdivider shall furnish additional improvement security for performance and guarantee, and for payment, as required by subparagraph A above, for one hundred percent (100%) of the revised Estimated Total Cost of the Improvements.
F. Subject to any time extensions granted in accordance with Section 4 herein, the Subdivider shall be in default if the Subdivider has not completed all improvements within two years from the Execution Date of the Agreement and has not repaired any defects in the completed Improvements within the one-year guarantee and warranty period.
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Alternatively, in the event of a default by the Subdivider pursuant to Section 10, and after written notice to Subdivider and reasonable opportunity to cure, City, at its sole option, shall have the right, without limiting any other rights and/or remedies available to City at law or in equity, to draw upon or utilize the improvement security furnished herewith to construct and install the Improvements itself. If City exercises this right, the release of any unused portion of such improvement security shall be in accordance with the procedures outlined in Section 6 herein, including any retention necessary for the one-year guarantee period.
6. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY
A. All public Improvements (Improvements that are to be owned or dedicated to the City or other public entity as distinguished from those owned by a private community association) shall be first completed, deemed completed by the City Engineer and then accepted as complete by the City prior to release of sureties. All private Improvements (Improvements that are to be owned by a private community association and not dedicated or owned by the City or other public entity) shall be first completed and then accepted as complete in writing by the City Engineer.
B. Partial releases or reductions in the Subdivider’s improvement (performance) security may be authorized prior to the City’s acceptance of all Improvements required hereunder, as follows:
1. At the time that the Subdivider believes that the obligation to perform the work for which security was required is complete, the Subdivider may notify the City in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the City shall review and comment or approve the completion of the required work within forty-five (45) days. If the City does not agree that all work has been completed in accordance with the plans and specifications for the Improvements, it shall supply a list of all remaining work to be completed within this 45-day period.
2. Within forty-five (45) days of receipt of the list of remaining work from the local agency, the Subdivider may then provide cost estimates for all remaining work for review and approval by the City. Upon receipt of the cost estimates, the City shall then have forty-five (45) days to review, comment, and approve, modify, or disapprove those cost estimates. The City shall not be required to engage in this process of partial release more than once between the start of work and completion and acceptance of all work; however, nothing in this section prohibits the City from allowing for multiple and phased partial releases as it otherwise deems appropriate.
3. If the City approves the cost estimate, the City shall release all performance security except for security in an amount up to two hundred percent (200%) of the cost estimate of the remaining work. The process allowing for a partial release of performance security shall occur when the cost estimate of the remaining work does not exceed twenty percent (20%) of the total original 270
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performance security unless the City allows for a release at an earlier time.
Substitute bonds or other security may be used as a replacement for the performance security, subject to the approval of the City. If substitute bonds or other security is used as a replacement for the performance security released, the release shall not be effective unless and until the City receives and approves that form of replacement security. A reduction in the performance security, authorized under this section, is not, and shall not be deemed to be, an acceptance by the City of the completed improvements in and of itself, and the risk of loss or damage to the Improvements and the obligation to maintain the Improvements shall remain the sole responsibility of the Subdivider until the applicable required public Improvements have been accepted by the City in writing and all other required improvements have been fully completed in accordance with the plans and specifications for the improvements.
4. The Subdivider shall complete the works of Improvement until all remaining items are accepted by the City.
5. Upon the completion of the Improvements, the Subdivider, or his or her assigns, shall be notified in writing by the City within forty-five (45) days.
6. Within sixty (60) days of the issuance of the notification by the City Engineer, any remaining performance security, except ten percent (10%) of the original amount of the security to guarantee and warrant the Improvements for the one-year guarantee and warranty period, shall be released within sixty (60) days of the issuance of the written statement of completion.
C. Security securing the payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, after passage of the time within which claims of lien are required to be recorded pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code and after acceptance of the work, be reduced to an amount equal to the total claimed by all stop notice claimants for whom stop notices have been filed with the City, and if no claims have been filed, the security shall be released in full.
D. The partial release provisions of this Section 6 shall not apply to any required guarantee and warranty period required by Section 66499.9 for the guarantee or warranty nor to the amount of the security deemed necessary by the local agency for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. Security furnished to guarantee and warrant the Improvements against any defective work or labor done or defective materials furnished, shall be released within thirty (30) days after the completion of the one-year period following completion and acceptance of all Improvements.
E. If Subdivider’s obligations relating to any Improvements are subject to the approval of another governmental agency, the City shall not release the improvement (performance) security therefor until the obligations are performed to the 271
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satisfaction of such other governmental agency. Such agency shall have sixty (60) days after receipt of written notice from the Subdivider of the Subdivider’s performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Subdivider’s performance of the obligation was done to its satisfaction, and such improvement security shall be promptly released.
F. In the event the time periods for action by the City specified in this Section conflict with a shorter or longer time period for such actions as provided in Government Code Section 66499.7, the time periods in Government Code Section 66499.7 shall control.
7. INDEMNIFICATION OF CITY BY SUBDIVIDER
A. Neither the City, nor its officers, agents and employees, shall be liable or responsible for any accident, injury, loss or damage to either property or person attributable to or arising out of the defective design, construction, functionality, installation assembly or improper maintenance including, without limitation, the use of defective methods, materials or workmanship (collectively “Subdivider’s Faults”) of the Improvements by Subdivider, its officers, employees and agents. Subdivider shall indemnify, hold harmless and defend the City, its officers, agents and employees, from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including attorneys’ fees, arising directly or indirectly out of or attributable to Subdivider’s Faults.
B. Subdivider’s obligations under this Section 7 are not conditioned or dependent upon whether the City, or its officers, agents and employees, prepared, supplied or reviewed any Improvement Plans or related specifications in connection with the Subdivision or the Improvements, or has insurance or other indemnification covering any of these matters.
C. Subdivider’s obligation to indemnify, hold harmless and defend the City under this Section 7 shall extend to injuries to persons and damages to or alleged taking of property resulting from the Subdivider’s Faults, and the Improvements required herein, and shall likewise extend to claims asserted by adjacent property owners based upon the diversion of waters caused by the Subdivider’s defective design or defective construction of public drainage systems, streets, and other public facilities or improvements. Except for a City Directive as defined below, the City’s acceptance of the Improvements shall not constitute an assumption by the City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Subdivision or the Improvements constructed or installed pursuant to the approved Improvement Plans or the Final Map, regardless of any act or omission by the City in approving the Improvement Plans or the Final Map, unless the particular Improvement design was required by the City over the written objection of the Subdivider, which objection stated that the Improvement design was potentially dangerous or defective and set forth an alternative design (a “City Directive”). After City’s acceptance of the Improvements, the 272
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Subdivider shall remain obligated to correct or eliminate all dangerous conditions created by defects in design, construction or Subdivider’s Faults (other than those required by a City Directive); provided, however, that Subdivider shall not be responsible for routine maintenance as specified in Section 1(F) of this Agreement. Subdivider’s indemnity obligations hereunder shall remain in effect for ten (10) years following acceptance of the respective Improvement(s) by the City Council. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the Subdivider’s Faults with respect to the Improvements and other work done pursuant to this Agreement, unless same is due to a City Directive. City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans or related specifications, or in inspecting, reviewing or approving any work or construction of Improvements, unless same is due to a City Directive. The Subdivider’s improvement security shall not be required to secure the Subdivider’s obligations under this subparagraph C beyond the one-year guarantee and warranty period, unless the City Engineer provides notice to Subdivider prior to the expiration of the one-year period of the existence of, or continued existence of, defects in the improvements, in which case the portion of the improvement security to guarantee and warranty the improvements against defective work shall not be released and shall remain in place until the City Engineer provides written confirmation that the defects have been cured and corrected.
The indemnity shall be effective retroactively to the earliest recordation date of the Final Map.
D. Subdivider shall pay and satisfy any judgment, award or decree that may be rendered against City, its officers, officials, employees, agents, representatives and volunteers (collectively hereinafter “City and City Personnel”) to the extent of the indemnity provided above, in any such suit, action, or other legal proceeding, provided City gives Subdivider prompt written notice of such claim and allows Subdivider to undertake the defense thereof, and provided further that City cooperates in any such suit, action, or other legal proceeding, but shall retain its right to reject a settlement that the City deems, in its sole and absolute discretion, to be contrary to the interests of the City.
E. Subdivider’s obligation to indemnify shall not be restricted to Insurance proceeds, if any, received by the City and City Personnel.
F. Subdivider, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against City and City Personnel to the extent of the indemnity above provided.
8. INSURANCE
The following coverages will be provided by Subdivider and maintained on behalf of City and in accordance with the requirements set forth herein. If Subdivider performs construction activities through a general contractor, some or all of these insurance requirements for the period of construction may be satisfied by the general contractor’s insurance coverages. In such case, Subdivider shall maintain during this same construction period, and after the construction period, the coverages shown below 273
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as “Insurance After Construction.” In addition, Subdivider may elect to obtain, for all or any portion of the Project, an “Owner-Controlled Wrap Up” insurance policy in satisfaction of the insurance requirements for general contractors and subcontractors provided it satisfies all of the insurance requirements below for general contractors and subcontractors. Throughout these specifications, the word “Subdivider” refers to the Party responsible to provide the coverages as specified and, depending on context, may refer either to Subdivider or to a separate General Contractor.
A. Insurance During Construction. Subdivider shall provide the following insurance during construction of the Improvements. Insurance requirements may be met through insurance provided by Subdivider’s General Contractor:
1. Commercial General Liability Insurance. Commercial
General Liability Insurance (primary) shall be provided on ISO-CGL Form No.
CG 00 01 or equivalent coverage, including provisions for defense of additional insureds. Policy limits shall be no less than two million dollars ($2,000,000) per occurrence for all coverages and five million dollars ($5,000,000) general aggregate. City and its officers, employees and agents shall be added as additional insureds using ISO Form CG 20 10 11 85 or other revision of the CG 20 10 form if available from the insurer and reasonably acceptable to the City, not limiting coverage for the additional insured to “ongoing operations” or in any way excluding coverage for completed operations. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any officer, employee or agent of City.
Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors’ limitation or other endorsement limiting the scope of coverage for liability arising from pollution, explosion, collapse, or underground property damage.
2. Umbrella Liability Insurance. Umbrella Liability Insurance (or, at Subdivider’s election, Excess Liability Insurance) (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum. Coverage shall be at least as broad as any underlying coverage.
Coverage shall be provided on a “pay on behalf” basis. There shall be no cross liability exclusion and no contractor’s limitation endorsement. Policy limits shall be not less than five million dollars ($5,000,000) per occurrence and in the aggregate, including any limits required in the underlying policies. The policy shall have a starting date no later than and an ending date no earlier than those of the underlying coverages. The Named Insured (Subdivider or General Contractor as appropriate) may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits and complies with all other requirements listed here.
3. Business Auto Coverage. Business Auto Coverage shall be written on ISO Business Auto Coverage Form CA 00 01 or the equivalent, including symbol (1) (any Auto). If Subdivider (or Contractor) does not own any 274
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vehicles, this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies. Limits shall be no less than one million dollars ($1,000,000) per accident. This policy shall be scheduled as underlying insurance to the umbrella policy required above for a total limit of no less than five million dollars ($5,000,000) each accident.
4. Workers’ Compensation/Employer’s Liability. Workers’ Compensation/Employer’s Liability shall provide workers’ compensation statutory benefits as required by law. Employer’s liability limits shall be no less than one million dollars ($1,000,000) per accident or disease. Employer’s liability coverage shall be scheduled under the umbrella or excess liability policy described above. This policy shall be endorsed to waive any right of subrogation with respect to City, its officers, employees or agents.
5. Builder’s Risk Insurance. Builder’s Risk Insurance
covering all real and personal property for “all risks” of loss or “comprehensive perils” coverage including but not limited to the perils of earth movement, including earthquake (if required by Subdivider’s lender or if available at commercially reasonable rates) and flood for all Improvements.
B. Insurance After Construction. Upon completion of construction of the Improvements, and for the required one-year guarantee and warranty period for Improvements and the required 10-year indemnification period, Subdivider at Subdivider’s expense shall maintain or cause to be maintained the following insurance:
1. Commercial Property Insurance. Commercial Property
Insurance covering the Improvements. Coverage shall be at least as broad as the Insurance Services Offices broad causes of loss form CP 10 20, and reasonably approved of in writing by the City. Coverage shall be sufficient to insure 100% of the replacement value and there shall be no coinsurance provisions. The policy shall include an inflation guard endorsement, 100% rents coverage, contents coverage, coverage for personal property of others, ordinance or law and increased cost of construction coverage. Subdivider also agrees to provide builder’s all-risk insurance using an inland marine form during the period of any major alteration or improvement, using the broadest form available.
The insurance coverage for the peril of earthquake required for this project is subject to availability on the open market at commercially reasonable premium cost, as determined by mutual agreement between Subdivider and City. If such earthquake insurance coverage should, after diligent effort by Subdivider, be unobtainable at such mutually determined commercially reasonable premium cost, then Subdivider shall obtain the maximum insurance reasonably obtainable at commercially reasonable premium cost (if any) and give notice to City of the extent of Subdivider’s inability to obtain, in full, the required insurance, and in such event, Subdivider’s obligation to procure and maintain such insurance may be excused, subject to City’s verification of inability to obtain the required insurance. Subdivider and City agree that a premium cost of 275
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earthquake insurance coverage of up to 150% of the premium cost paid by Subdivider for such coverage on the Effective Date (to be adjusted over time based on the Consumer Price Index,) shall constitute a commercially reasonable premium cost. Non-availability at commercially reasonable premium cost must be documented by a letter from Subdivider’s insurance broker or agent indicating a good faith effort to place the required insurance and showing, at a minimum, the names of the insurance carriers and the declinations or quotations received from each.
2. Commercial General Liability Insurance. Commercial
General Liability Insurance (primary) shall be provided on ISO-CGL form No.
CG 00 01 or equivalent coverage, including provisions for defense of additional insureds. Policy limits shall be no less than two million dollars ($2,000,000) per occurrence for all coverages and five million dollars ($5,000,000) general aggregate. City and its officers, employees and agents shall be added as additional insureds using ISO form CG 20 10 or equivalent if available from the insurer and reasonably acceptable to the City. Coverage shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any officer, employee or agent of City until the warranty period specified in this Agreement expires.
3. Umbrella Liability Insurance. Umbrella Liability Insurance (or, at Subdivider’s election, Excess Liability Insurance) (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum. Coverage shall be at least as broad as any underlying coverage.
Coverage shall be provided on a “pay on behalf” basis. There shall be no cross liability exclusion. Policy limits shall be not less than five million dollars ($5,000,000) per occurrence and in the aggregate, including any limits required in the underlying policies. The policy shall have a starting date no later than and an ending date no earlier than those of the underlying coverages. Subdivider may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits.
4. Workers Compensation Insurance. Workers’
Compensation/Employer’s Liability shall provide workers’ compensation statutory benefits as required by law. Employer’s liability limits shall be no less than one million dollars per accident or disease. Employer’s liability coverage shall be scheduled under any umbrella or excess liability policy described above.
Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects City, its employees or agents.
5. Business Auto Coverage. Business Auto Coverage for
vehicles owned, operated or maintained in any way connected with the project, shall be written on ISO Business Auto Coverage form CA 00 01 or the equivalent, including symbol (1) (any Auto). If Subdivider (or Contractor) does not own any vehicles, this requirement may be satisfied by a non-owned vehicle endorsement 276
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to the general and umbrella liability policies. Limits shall be no less than one million dollars ($1,000,000) per accident. This policy shall be scheduled as underlying insurance to the umbrella or excess liability policy required above for a total limit of no less than five million dollars ($5,000,000) each accident.
C. Provisions Pertaining to Insurance Provided by Subdivider
1. All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage.
2. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any Party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
3. All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit Subdivider, and Subdivider’s employees, or agents, from waiving the right of subrogation prior to a loss.
Subdivider waives its right of subrogation against City.
4. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing by the City.
5. Unless otherwise approved by City, Subdivider’s insurance and insurance provided by any contractor or subcontractor relating to the construction of the Improvements shall be written by insurers authorized to do business in the State of California and with a minimum “Best’s” Insurance Guide rating of at least “A-:VII.” Self-insurance will not comply with these insurance specifications unless expressly approved in writing by the City.
6. In the event any policy of insurance required under this Agreement does not comply with these requirements and Subdivider does not cure the non-compliance within thirty (30) days after written notice from City (or Subdivider does not provide reasonable evidence of such cure within such period), or if the insurance is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any reasonable premium paid by City will be promptly reimbursed by Subdivider.
7. Subdivider agrees to provide evidence of the insurance required herein, satisfactory to City, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to Subdivider’s general liability and umbrella liability policies using ISO Form CG 277
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20 10 11 85. Certificate(s) are to reflect that the insurer will provide 30 days’ notice of any cancellation of coverage and policies are to have a “cancellation endorsement” to the same effect. Subdivider agrees to provide copies of any endorsements modifying coverage in any way upon request from City.
8. Subdivider shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.
9. Any actual or alleged failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of City or any additional insured, in this or any other regard.
10. Subdivider agrees to require all subcontractors or other parties (but not including a general contractor) hired for this project to construct the Improvements to purchase and maintain insurance for general liability (minimum limit $1,000,000 per occurrence), automobile liability ($1,000,000 per accident) and workers’ compensation (statutory benefits). Prior to the issuance of the Certificate of Completion for each Phase, Subdivider shall, upon request by City, provide the City with copies of all insurance policies, certificates and endorsements related to such Phase.
11. Subdivider agrees to monitor and review all coverage required by this Section and assumes all responsibility for ensuring that such coverage is provided as required here. Subdivider agrees to obtain certificates evidencing such coverage. Subdivider agrees that upon request, all agreements with subcontractors or others with whom Subdivider contracts with on behalf of City, and all certificates of insurance obtained in compliance with this paragraph will be submitted to City for review upon request by City. Failure of City to request copies of such documents will not impose any liability on City, or its employees.
12. Subdivider agrees to require that no contract used by any general contractor or subcontractor in connection with construction of the Improvements, or contracts Subdivider enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this Agreement.
13. Where appropriate (such as in the case of automobile insurance coverages), coverage will not be limited to the specific location designated as the Property.
14. Subdivider agrees to provide notice to City of any claim or loss against Subdivider that includes City as a defendant promptly after Subdivider receives written notice or obtains knowledge thereof. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 278
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City agrees to provide similar notice to Subdivider of any such claims it is notified of respecting the Property.
15. Subdivider agrees not to attempt to avoid its defense and indemnity obligations to City, and its officers, employees, agents by using as a defense Subdivider’s statutory immunity under workers’ compensation and similar statutes.
16. Subdivider agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and that there will be no cross liability exclusions that preclude coverage for suits between Subdivider and City or between City and any other insured or Named Insured under the policy, or between City and any Party associated with City or its employees.
17. If Subdivider or any contractor or subcontractor is a Limited Liability Company, general liability coverage must apply so that the Limited Liability Company and its Managers, Members, Affiliates, and their employees are insureds.
18. Subdivider shall require General Contractor to maintain commercial general liability, and if necessary, commercial umbrella liability insurance with a limit of not less than $15,000,000 for each occurrence, until the warranty period specified in this Agreement expires.
19. Subdivider agrees to obtain and provide to City evidence of professional liability coverage for Architects, Engineers or other design professionals working on the Improvements. The limit of liability required is subject to City approval, but in no event to be less than $1,000,000 per claim and in the aggregate, and Subdivider shall use reasonable efforts to require and cause such professionals to maintain coverage with respect to each occurrence for at least three years following substantial completion of the work and, in the event Subdivider is unable to do so, Subdivider shall promptly inform the City of the scope of such efforts and the reasons that it was unable to do so. If Subdivider requests that the City approve a lower limit for any particular design professional Subdivider seeks to employ on the Improvements, City will evaluate each such request based on City’s perception of liability exposure associated with the work that would be performed by that design professional.
20. To the extent a particular coverage or policy form or specification is not reasonably available from Subdivider's insurer or would result in an additional premium that is extraordinary or unreasonably disproportionate to the premium for the policy as a whole, then Subdivider shall provide substantially similar coverage reasonably acceptable to City for which the cost is not extraordinary or unreasonably disproportionate.
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9. OWNERSHIP OF THE IMPROVEMENTS
A. Ownership of all or any category of the Improvements constructed and installed by the Subdivider pursuant to this Agreement and shown on the Map to be dedicated to the public shall vest, as applicable, in the City (or other specified governmental agency) upon acceptance of said Improvements by the City. The acceptance of the Improvements shall either be shown by a certificate on the Final Map or by subsequent resolution accepting the Improvements adopted by the City pursuant to Government Code Section 66477.2 and recorded with the County Recorder or by other writing.
B. The Subdivider shall at all times prior to the acceptance of the Improvements by the City, give good and adequate warning to the public of each and every dangerous and defective condition caused by the construction of the Improvements and shall take all steps reasonably necessary to protect the public from such dangerous or defective conditions. The Subdivider agrees and understands that until acceptance of the Improvements by the City in writing, each Improvement and Improvement area that is offered for dedication shall be under the charge of the Subdivider, and the Subdivider may close all or a portion of any street or area whenever necessary to protect the public during the construction of the Improvements.
10. PREPARATION AND RECORDATION OF CC&RS.
A. The Subdivider shall establish a Homeowners Association for the residential areas of the Final Map owned by Subdivider, and to pay all costs associated with the creation of the associations.
B. The Subdivider shall prepare and record Covenants, Conditions, and Restrictions (CC&Rs) which obligate each homeowners association to provide for maintenance of the shared facilities, improvements, and landscaping within the boundaries of the associations in perpetuity in accordance with the Development Agreement and conditions of approval. The CC&Rs shall describe the homeowners association and the City's responsibilities and rights, and shall be subject to the approval of the City prior to recordation.
C. The Subdivider shall implement applicable provisions of the Mitigation Monitoring and Reporting Program.
11. DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES
OF THE CITY
A. Upon the occurrence of any of the following events, the Subdivider shall be deemed to be in default under this Agreement:
1. Subject to any time extensions granted in accordance with Section 4, failure to complete construction and installation of the Improvements or any of them by the completion date set forth above in the Subdivision Reference Data;
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2. Failure to promptly correct or cure any defect in the Improvements or any of them (other than a City Directive) during the one-year guarantee and warranty period as required by Section 3.A or failure to commence correction or cure of any such defect or failure to diligently prosecute same to completion, in each instance following receipt by Subdivider of written notice that such defect exists;
3. Subject to any time extensions granted in accordance with Section 4, failure to perform substantial construction work of the Improvements or any of them, after commencement of work on same, for a period of thirty (30) days after Subdivider’s receipt of written notice thereof from the City;
4. Insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, whether voluntary or involuntary, and such is not cured or discharged within a period of thirty (30) days;
5. Commencement of a foreclosure action against the
Subdivision or any portion thereof, or any conveyance by the Subdivider in lieu or in avoidance of foreclosure, within thirty (30) days after receipt by Subdivider of written notice thereof from the City; or
6. Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within thirty (30) days after receipt by Subdivider of written notice thereof from the City.
B. City reserves to itself all remedies available to it at law or in equity for any breach of Subdivider’s obligations under this Agreement. City shall have the right, without limitation of other rights or remedies, after written notice to Subdivider and a reasonable opportunity for Subdivider to cure any such alleged default, to draw upon or utilize any improvement security furnished hereunder to complete the Improvements or otherwise mitigate City’s damages in the event of Subdivider’s default.
C. Following Subdivider’s receipt of written notice of alleged default and failure by Subdivider to promptly commence the cure of any alleged default and to diligently prosecute such cure to completion, the City may serve written notice of any such default upon the surety on any corporate surety bond furnished as improvement security hereunder, and request that said surety take over and complete the Improvements herein specified. If such surety, within thirty (30) days after service of such notice of default, does not give the City written notice of its intention to perform this Agreement, or does not commence such performance within thirty (30) days after notice to the City of such intention to perform, the City may take over the work and prosecute the same to completion, by contract or by any other method the City deems advisable, for the account and at the expense of the Subdivider and its surety.
D. Subdivider acknowledges that the Estimated Total Costs and Improvement Security amounts set forth herein may not reflect the actual cost of construction or installation of the Improvements, and, consequently, City’s damages for 281
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Subdivider’s default shall be measured by the actual cost of completing the required Improvements. If the damages incurred by the City in taking over and completing the Improvements exceeds the principal amount of the improvement security, then the Subdivider shall reimburse the City in the amount of such excess damages.
E. Following Subdivider’s receipt of written notice of alleged default and failure by Subdivider to promptly commence the cure of any alleged default and to diligently prosecute such cure to completion, City may, without liability for so doing, take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the performance of the work. Subdivider hereby consents to such entry by the City and its representatives, including contractors, following written notice to Subdivider upon the real property in the Subdivision owned by Subdivider and necessary for City to enter or access under this Agreement, in the event the City elects to maintain or complete the work on the Improvements following Subdivider’s default.
F. Subdivider acknowledges and agrees that approval of the Final Map for the Subdivision conferred substantial rights upon the Subdivider, including the right to sell, lease or finance lots within the Subdivision, and that such approval constitutes the final act necessary to permit the division of land within the Subdivision.
As a result, City will be damaged to the extent of the cost of construction or installation of the Improvements upon Subdivider’s failure to perform its obligations under this Agreement, which failure is not promptly remedied by sureties or by Subdivider.
G. The City’s failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider.
H. If City sues to compel Subdivider’s performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, and is the prevailing party, Subdivider agrees to pay all reasonable attorneys’ fees and other costs and expenses of litigation incurred by the City in connection therewith, even if Subdivider subsequently resumes and completes the work.
12. RELATIONSHIP OF THE PARTIES
Neither Subdivider, nor any of Subdivider’s contractors, employees or agents, are or shall be deemed to be, agents of the City in connection with the performance of Subdivider’s obligations under this Agreement.
13. ASSIGNMENT
A. Subdivider shall not assign this Agreement, or any portion thereof without the prior written consent of the City in accordance with the Development Agreement. Any attempted or purported assignment in violation of this subparagraph A shall be null and void and shall have no force or effect. 282
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B. The sale or other disposition of the Subdivision shall not relieve Subdivider of its obligations hereunder. If Subdivider intends to sell the Subdivision, or any portion thereof (except for the sale of individual lots with homes to individual purchasers), to any other person or entity, the Subdivider may request an assignment or novation of this Agreement and a substitution of improvement security. Upon the City’s approval of the assignment or novation and substitution of improvement security, the Subdivider may request a release or reduction of the improvement security furnished pursuant to this Agreement.
14. NOTICES
All notices required or provided for in this Agreement shall be in writing and delivered in person or by mail, postage prepaid, and addressed as follows:
If to the City: Art Vela
Director of Public Works/City Engineer
City of Banning
99 E. Ramsey Drive
Banning, California 92220
If to the Subdivider: To the address set forth above in the Subdivision Reference Data, or to such other
address as may subsequently be designated
in written notice to the City.
Notice shall be effective on the date that it is delivered in person, or, if mailed, three (3) days after the date of deposit in the United States Mail.
15. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties with respect to its subject matter. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties. In the case of the City, the duly authorized representative, unless otherwise specified herein, shall be the City Engineer.
16. SEVERABILITY
The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect.
17. INCORPORATION OF SUBDIVISION REFERENCE DATA AND
RECITALS
The Subdivision Reference Data and the Recitals are incorporated into this Agreement.
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11303-0014\2299407v5.doc 1
CITY OF BANNING
SUBDIVISION IMPROVEMENT AGREEMENT
* * * * * * SUBDIVISION REFERENCE DATA * * * * * *
[ ] FINAL TRACT MAP NO. 37390, 37390-F, 37390-1, 37390-2 (“Final Map” herein) [ ] PARCEL MAP NO. (“Parcel Map” herein)
NAME OR TRACT NUMBER
OF SUBDIVISION
(“Subdivision” herein):
ATWELL – 37390, 37390-F, 37390-1, 37390-2
NAME AND ADDRESS OF
SUBDIVIDER(S):
PARDEE HOMES
1250 CORONA POINTE CT, #600
CORONA, CA 92881
CITY COUNCIL RESOLUTION
OF APPROVAL NO.
(“Resolution of Approval” herein)
DATE(S) THAT IMPROVEMENT PLANS WERE APPROVED BY THE CITY ENGINEER:
IMPROVEMENT/PLAN NO.:
PA8 Backbone Street Imp. Plans -Approved 7/20/20
PA8 BB Non-Potable Water Imp Plans -Appr. 5/04/20
PA8 BB Potable Water Imp Plans -Appr. 7/19/2020
PH1B Meadowline Way Street Imp. Plans -Approved
2/28/2020
PH1B Meadowline Way Non-Potable Water Imp. Plans
-Approved 5/04/2020
PH1B Meadowline Way Potable Water Imp. Plans -
Approved 5/04/2020
PH1B Onsite Storm Drain Imp. Plans -Appr. 7/19/2020
PH1B Onsite Storm Drain Imp. Plans -Approved
ESTIMATED TOTAL COSTS: IMPROVEMENTS $ 2,584,371.31
GRADING $
MONUMENTATION $
TOTAL: $ 2,584,371.31
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FORM OF IMPROVEMENT
SECURITY:
[ ] AAA Corporate surety bonds
NAME AND ADDRESS OF
CORPORATE SURETY (if
applicable):
[ ] Deposit of money
RLI Insurance Company
(Name of Corporate Entity)
6303 Owensmouth Ave, 10th Floor
(Street Address)
Woodland Hills, CA 91367
(City) (State) (Zip)
SURETY BOND NUMBERS (if
applicable): - Meadowline Way/Non-Potable Water Improvements Bond #CMS0339961
- PA 8 Backbone Street Improvements
Bond#CMS0339968
- PA 8 BB Non-Potable Water Improvements
Bond#CMS0339967
- PA 8 BB Potable Water Improvements
Bond#CMS0339966
- Phase 1B Meadowline Way/Street Improvements
Bond#CMS0339972
- Phase 1B Meadowline Way/Potable Water
Improvements Bond#CMS0339969
- Phase 1B Onsite Storm Drain Improvements
Bond#CMS0339970
- Phase 1B Open Space Drainage Improvements
Bond#CMS0339971
EFFECTIVE DATE OF
AGREEMENT: (to be inserted by City)
COMPLETION PERIOD: All improvements of Tract _____ (including the complete water and sewer system in ______ Street) with the exception of the roadway (street) improvements on ______ Street, shall be completed within two years from the Effective Date of the Agreement. _______ Street roadway (street) construction (so that ______ Street is a continuous route from __________ to _______________) shall be constructed prior to the Certificate of Occupancy for development of lots ____and ____ of Tract _____.
* * * * * * * * * * * * * * * * * * * * * *
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1. SUBDIVIDER’S OBLIGATION TO CONSTRUCT IMPROVEMENTS .........2
2. INSPECTION OF WORK AND FINAL ACCEPTANCE ..................................4
3. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS.....................5
4. TIME EXTENSIONS ...........................................................................................5
5. IMPROVEMENT SECURITY.............................................................................6
6. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY .....................7
7. INDEMNIFICATION OF CITY BY SUBDIVIDER ..........................................9
8. INSURANCE......................................................................................................11
9. OWNERSHIP OF THE IMPROVEMENTS......................................................16
10. PREPARATION AND RECORDATION OF CC&RS .....................................17
11. DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES
OF THE CITY ....................................................................................................17
12. RELATIONSHIP OF THE PARTIES................................................................19
13. ASSIGNMENT...................................................................................................19
14. NOTICES............................................................................................................20
15. ENTIRE AGREEMENT.....................................................................................20
16. SEVERABILITY................................................................................................20
17. INCORPORATION OF SUBDIVISION REFERENCE DATA
AND RECITALS................................................................................................20
18. GOVERNING LAW...........................................................................................20
19. EFFECTIVE DATE OF THE AGREEMENT ...................................................21 341
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into by and between the City of Banning, a municipal corporation (“City”), and the Subdivider whose name and address is set forth above in the Subdivision Reference Data.
RECITALS
A. Subdivider has presented to the City for approval and recordation a Final Map, identified above in the Subdivision Reference Data, of a proposed subdivision pursuant to the Subdivision Map Act of the State of California and the City’s ordinances and regulations as such ordinances and regulations are vested under the development agreement recorded in the official records of the County of Riverside on July 17, 2012 as Document No. 2012-0332888 (“Development Agreement”) relating to the filing, approval and recordation of subdivision maps (collectively referred to herein as the “Subdivision Laws”).
B. A tentative map of the Subdivision was previously approved by City, subject to the Subdivision Laws and to the City’s standard requirements as vested under the Development Agreement and conditions of approval contained in the City Council’s Resolution of Approval, a copy of which is on file in the Office of the City Clerk and which is incorporated herein by this reference.
C. The Subdivision Laws establish, as a condition precedent to the approval of a Final Map, that the Subdivider comply with the City Council’s Resolution of Approval and either (i) complete, in compliance with applicable City standards, all of the improvements and land development work required by the Subdivision Laws and the City Council’s Resolution of Approval; or (ii) enter into a secured agreement with the City to complete the improvements and land development work within a period of time specified by the City.
D. In consideration of approval of the Final Map for the Subdivision by the City Council, Subdivider desires to enter into this Agreement whereby Subdivider promises to install and complete, at its sole expense, except as otherwise provided in a credit/reimbursement agreement as provided for in the Development Agreement, all public improvement work required by the City as set forth on the Improvement Plans (as defined below) for the proposed Subdivision. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. In any conflict between the terms in this Agreement and the Development Agreement, the Development Agreement shall be the controlling document.
E. Improvement Plans, and related specifications, numbered as designated above in the Subdivision Reference Data, for the construction, installation and completion of the Improvements identified in Schedule A hereto, have been prepared by the Subdivider, approved by the City Engineer, and are on file in the office of the City Engineer. Said Improvement Plans, and related specifications, subsequently modified by 342
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the mutual written agreement of the parties, are hereby referred to as the “Improvement Plans” and are incorporated herein by this reference. Any improvement to be constructed pursuant to the Improvement Plan is hereby referred to individually as an “Improvement” and collectively as the “Improvements”.
NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the Final Map of the Subdivision, Subdivider and City agree as follows:
1. SUBDIVIDER’S OBLIGATION TO CONSTRUCT IMPROVEMENTS
A. Subdivider shall, at its sole expense, unless otherwise provided in a credit/reimbursement agreement as provided for in the Development Agreement, and in compliance with the provisions of the Subdivision Laws, the Improvement Plans, conditions of approval of the Tentative Map, and all applicable City standards and fees, and in a good and workmanlike fashion, furnish, construct, install and guarantee (as set forth in Section 3) the Improvements, Grading, and Monumentation described on the tentative map and in the City Council’s Resolution of Approval relating thereto (collectively, the “Improvements”).
B. To the extent necessary to construct the Improvements, as determined by the City Engineer, the Subdivider shall acquire and dedicate, or pay the reasonable, documented cost of acquisition by City of, all rights-of-way, easements and other interests in real property for the construction or installation of the Improvements, free and clear of all liens and encumbrances. If the Subdivider is unable to acquire such rights-of-way, easements and other interests in real property by negotiation, then Subdivider shall, within 120 days of Final Map approval, enter into a condemnation agreement with City pursuant to Government Code Section 66462.5, by which the City will commence the process for the acquisition of the rights-of-way, easements or other real property.
C. Subject to any time extensions granted in accordance with Section 4, Subdivider shall complete all Improvements within its respective “Completion Period” specified in the Subdivision Reference Data; provided, however, that if the City Engineer reasonably determines in good faith that accelerated construction of the Improvements is essential in order to protect the public health, welfare and safety, the City Engineer shall give Subdivider not less than fifteen (15) business days' prior written notice to commence or accelerate installation and construction of such Improvements, or any portion thereof. The notice shall be in writing, and shall describe the work to be done by Subdivider, the time within which the work will commence, the period within which the work will be completed and identify the reasons that such early commencement is essential in order to protect the public health, welfare and safety. All or any portions of said Improvements may be required to be constructed or completed at a specified time, providing the foregoing criteria is met. If the Subdivider objects to the commencement or acceleration of the Improvements as specified by the City Engineer, Subdivider may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within 10 days after receipt by Subdivider of the written notice from the City Engineer.
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D. If the Improvements to be constructed by Subdivider include monumentation, such monumentation shall be installed not later than thirty (30) days after the City’s acceptance of all other Improvements pursuant to Section 2. As used herein, “monumentation” shall mean the setting of survey monuments and tie points in accordance with the Subdivision Laws, and the delivery to the City Engineer of tie notes for said points.
E. Subdivider shall , at its sole expense, unless otherwise provided in a credit/reimbursement agreement as provided for in the Development Agreement, replace or repair all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed by Subdivider under this Agreement during or after the Completion Period.
Any such replacement or repair shall be subject to the approval of the City Engineer.
F. In addition to, and separate from, the indemnity obligations contained in Section 9 of this Agreement, and without limiting the City’s remedies under general construction defect law, Subdivider shall be responsible for the care, repair and maintenance of the applicable portion of the Improvements until the latter of the following time periods: (i) the Improvements or applicable portion thereof is accepted in writing by the City; or (ii) the expiration of the required one-year guarantee and warranty period as specified herein; or (iii) the expiration of any applicable period of time requiring the care, repair and maintenance of the applicable Improvement specified in the Development Agreement (not including the term of any Development Agreement).
Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements and that may result from the construction of the Improvements prior to their completion and written acceptance by the City G. In addition to, and separate from: (1) the indemnity obligations contained in Section 7 of this Agreement, (2) the care, repair and maintenance provisions under paragraph E of this Section 1 of this Agreement; and (3) the warranty and guarantee provisions of Section 3 of this Agreement, Subdivider shall repair and correct, or be liable to the City for any cost to repair and correct, any defect in the construction of the Improvements that is identified by City within in accordance with general construction defect law ten (10) years after City’s acceptance of the Improvement, provided the City provides written notice to Subdivider of the existence of the defect within that the time period under law, and the defect is caused directly or indirectly by the design, construction, functionality, installation, assembly or workmanship of Subdivider. Nothing contained in this paragraph is intended to limit or otherwise waive any right or cause of action under applicable construction defect law that City may assert against Subdivider.
H. Subdivider shall, at its sole expense, unless otherwise provided in a credit/reimbursement agreement as provided for in the Development Agreement, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all applicable fees required by City ordinance or resolution and all taxes required by law.
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I. Not less than seven (7) days prior to commencement of work on the Improvements, Subdivider shall give written notice to the City Engineer of the date fixed for such commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections.
J. SUBDIVIDER shall pay all applicable City fees and costs stipulated in the latest fee resolution as adopted by the City Council from time to time as required for the development of the SUBDIVISION including but not limited to the following:
1. Building Permit Fees --- to be paid at the time of building permit issuance;
2. Final Map Plan Check Fees --- to be paid at time of
submittal of final map for plan check and resubmittal of revised final map for plan check;
3. Final Map Moratorium Fees --- to be paid from cash
deposit established at time of filing final map;
4. Plan Check and Review Fees --- to be paid from cash
deposit established at time of filing improvement plans for plan check;
5. Encroachment Permit Fees --- to be paid at time of
application for encroachment permit;
6. Inspection Fees --- to be paid from cash deposit established at time of construction permit issuance; and
7. Grading Permit Fee --- to be paid from cash deposit
established at time of grading permit issuance.
K. Subdivider shall provide City with final Record Drawings of all plans developed for the Subdivision, showing all changes and as built conditions as specified in the Tentative Tract Map Conditions of Approval, and shall provide electronic image files of those final Record Drawings consistent with electronic image file size and type specifications of the City prior to the acceptance of improvements and release of bonds or other security.
2. INSPECTION OF WORK AND FINAL ACCEPTANCE
A. Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by the City Engineer and other City personnel and inspection consultants.
B. Upon completion of the work on all or any category of the Improvements, the Subdivider may request a final inspection by the City Engineer.
Within forty-five (45) days of receipt of the written letter request, the City Engineer shall 345
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inspect the Improvements and provide written notice to Subdivider of the list of items which have been found to be incomplete and the list of items which have been found to be complete. If the City Engineer determines that all or any specified category of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City standards, then the City Engineer shall acknowledge that determination in a report to the City Council. If the Improvements that are completed are to be dedicated to or owned by the City (Improvements within City right of way and property for public use), the City Engineer’s determination shall be submitted to the City Council for final acceptance by the City, unless such power to accept has been delegated by the City Council to the City Engineer or some other officer of the City, in which case the final acceptance shall be subject to the approval of that specified official. If the Improvements that are completed are to be dedicated to or owned by a public entity other than the City, the Subdivider’s written request shall be submitted to the applicable public entity or other owner, for final acceptance. Subdivider shall bear all costs of inspection and determination of completeness in accordance with City’s formally adopted and applicable fees and rates.
C. Acceptance of all or any specified category of the Improvements by the City Council shall be made upon recommendation and certification of the City Engineer following inspection of said Improvements pursuant to subparagraph B above.
The City Council shall act upon the City Engineer’s recommendation that such public Improvements have been completed unless such power to accept has been delegated by the City Council to the City Engineer or some other officer of the City, in which case the final acceptance shall be subject to the approval of that specified official. Acceptance by the City or by the governing body of the entity that is to accept dedication or ownership of the public improvements shall not constitute a waiver by the City or such other public entity of any defects in the public Improvements.
3. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS
A. If, within a period of one year following acceptance by the City of the applicable Improvements specified in Schedule A, any Improvements or part of any Improvements specified in Section A furnished, installed or constructed by the Subdivider, or any of the work performed under this Agreement by Subdivider, fails to comply with any requirements of this Agreement, or the Subdivision Laws, or the Improvement Plans and related specifications, the Subdivider shall, without delay and without cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. Subdivider’s obligations hereunder shall include the repair, replacement or reconstruction of all irrigation systems and all trees, shrubs, ground cover and landscaping for such one year.
B. Should the Subdivider fail or refuse to act promptly or in accordance with subparagraph A above, or should the exigencies of the situation require repair, replacement, or reconstruction to be undertaken before the Subdivider can be notified and can perform the necessary work, then the City may, in its discretion, make the necessary repairs or replacements or perform the necessary reconstruction and draw upon the Subdivider’s improvement security to reimburse itself for the costs incurred. If 346
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the Subdivider’s improvement security does not cover the total cost of such repair, replacement, or reconstruction, the Subdivider shall reimburse the City for any excess costs incurred.
C. The security furnished for the faithful performance of the Subdivider’s obligation to construct and install the Improvements described herein shall include the Subdivider’s liability and obligation hereunder to provide the one-year guarantee and warranty of the Improvements.
4. TIME EXTENSIONS
A. Upon a showing by the Subdivider of good cause therefor, the duration of the Completion Period for the Improvements (or any of them) may be extended by the City Engineer in writing. As used herein, “good cause” may include, without limitation, delay resulting from, arising out of or relating to an act of the City; acts of God or force majeure, strikes, boycotts or similar job actions by employees or labor organizations which prevent the conduct of the work; findings made by a governmental entity that the site of a particular Improvement is of archeological significance or requires further permitting and approval; and/or actions or failure to act of native American monitor(s); and, the order of any court.
B. A time extension may be granted without notice to any surety or sureties of the Subdivider and shall not affect the validity of this Agreement nor release the surety or sureties on any bond given as an improvement security pursuant to this Agreement.
C. As a condition of any time extension provided for herein, the City Engineer, may require the Subdivider to furnish new or modified improvement security guaranteeing performance of this Agreement, as extended, in an increased amount as necessary to compensate for any projected increase in the Estimated Total Cost of Improvements, as determined by the City Engineer.
5. IMPROVEMENT SECURITY
A. Prior to City’s execution of this Agreement, Subdivider shall provide as security to the City:
1. For Performance and Guarantee: Security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the Improvements, excluding Grading, as set forth above in the Subdivision Reference Data. The security shall be issued by a bonding company licensed to issue bonds in the State of California and having a Best rating of AAA or better.
With this security, the form of which shall be subject to City Attorney’s prior approval, the Subdivider assures faithful performance under this Agreement and guarantees the Improvements for one year after the completion and acceptance of the applicable portion of such Improvements, against any defective workmanship or materials or any unsatisfactory performance, pursuant to Section 3 hereof. 347
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2. For Payment: Security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the Improvements, excluding Grading, as set forth above in the Subdivision Reference Data. The security shall be issued by a bonding company licensed to issue bonds in the State of California and having a Best rating of AAA or better. With this security, the form of which shall be subject to City Attorney’s prior approval, the Subdivider guarantees payment to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them or to the Subdivider.
B. If the improvement security is a corporate surety bond and, in the opinion of the City, any surety or sureties thereon become insufficient, because (i) the surety becomes insolvent; (ii) the surety's bond rating is downgraded; (iii) the surety declares bankruptcy; or (iv) the surety is no longer deemed to be an admitted surety in California by the California Department of Insurance, or (v) the form of the surety or the amount is found by City to be in error or materially insufficient, the Subdivider shall renew or replace any such surety bond with good and sufficient surety or sureties within thirty (30) days after receiving from City written demand therefor.
C. The amount of security for performance, payment and warranty obligations provided by this section shall not include the cost of monumentation, as required by Government Code Section 66497 so long as a separate cash deposit or security acceptable to the City Engineer for the estimated cost of monumentation has been submitted to the City.
D. Improvement security consisting of corporate surety bonds, in a form accepted by the City Attorney, shall be filed with the City Engineer and then kept on file with the City Clerk. If a corporate surety bond is replaced by another approved bond, the replacement shall be submitted to the City Engineer and, upon filing with the City Clerk, shall be deemed to have been made a part of and incorporated into this Agreement. Upon submission to the City Engineer and then filing with the City Clerk of a replacement bond, the former improvement security shall be released following written approval of the City Engineer.
E. Modifications of the Improvement Plans and related specifications, and modifications of the Improvements, not exceeding ten percent (10%) of the original Estimated Total Cost of the Improvements, shall not relieve or release any improvement security furnished by Subdivider pursuant to this Agreement. If any such modifications exceed ten percent (10%) of the Estimated Total Cost of the Improvements, Subdivider shall furnish additional improvement security for performance and guarantee, and for payment, as required by subparagraph A above, for one hundred percent (100%) of the revised Estimated Total Cost of the Improvements.
F. Subject to any time extensions granted in accordance with Section 4 herein, the Subdivider shall be in default if the Subdivider has not completed all improvements within two years from the Execution Date of the Agreement and has not repaired any defects in the completed Improvements within the one-year guarantee and warranty period.
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Alternatively, in the event of a default by the Subdivider pursuant to Section 10, and after written notice to Subdivider and reasonable opportunity to cure, City, at its sole option, shall have the right, without limiting any other rights and/or remedies available to City at law or in equity, to draw upon or utilize the improvement security furnished herewith to construct and install the Improvements itself. If City exercises this right, the release of any unused portion of such improvement security shall be in accordance with the procedures outlined in Section 6 herein, including any retention necessary for the one-year guarantee period.
6. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY
A. All public Improvements (Improvements that are to be owned or dedicated to the City or other public entity as distinguished from those owned by a private community association) shall be first completed, deemed completed by the City Engineer and then accepted as complete by the City prior to release of sureties. All private Improvements (Improvements that are to be owned by a private community association and not dedicated or owned by the City or other public entity) shall be first completed and then accepted as complete in writing by the City Engineer.
B. Partial releases or reductions in the Subdivider’s improvement (performance) security may be authorized prior to the City’s acceptance of all Improvements required hereunder, as follows:
1. At the time that the Subdivider believes that the obligation to perform the work for which security was required is complete, the Subdivider may notify the City in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the City shall review and comment or approve the completion of the required work within forty-five (45) days. If the City does not agree that all work has been completed in accordance with the plans and specifications for the Improvements, it shall supply a list of all remaining work to be completed within this 45-day period.
2. Within forty-five (45) days of receipt of the list of remaining work from the local agency, the Subdivider may then provide cost estimates for all remaining work for review and approval by the City. Upon receipt of the cost estimates, the City shall then have forty-five (45) days to review, comment, and approve, modify, or disapprove those cost estimates. The City shall not be required to engage in this process of partial release more than once between the start of work and completion and acceptance of all work; however, nothing in this section prohibits the City from allowing for multiple and phased partial releases as it otherwise deems appropriate.
3. If the City approves the cost estimate, the City shall release all performance security except for security in an amount up to two hundred percent (200%) of the cost estimate of the remaining work. The process allowing for a partial release of performance security shall occur when the cost estimate of the remaining work does not exceed twenty percent (20%) of the total original 349
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performance security unless the City allows for a release at an earlier time.
Substitute bonds or other security may be used as a replacement for the performance security, subject to the approval of the City. If substitute bonds or other security is used as a replacement for the performance security released, the release shall not be effective unless and until the City receives and approves that form of replacement security. A reduction in the performance security, authorized under this section, is not, and shall not be deemed to be, an acceptance by the City of the completed improvements in and of itself, and the risk of loss or damage to the Improvements and the obligation to maintain the Improvements shall remain the sole responsibility of the Subdivider until the applicable required public Improvements have been accepted by the City in writing and all other required improvements have been fully completed in accordance with the plans and specifications for the improvements.
4. The Subdivider shall complete the works of Improvement until all remaining items are accepted by the City.
5. Upon the completion of the Improvements, the Subdivider, or his or her assigns, shall be notified in writing by the City within forty-five (45) days.
6. Within sixty (60) days of the issuance of the notification by the City Engineer, any remaining performance security, except ten percent (10%) of the original amount of the security to guarantee and warrant the Improvements for the one-year guarantee and warranty period, shall be released within sixty (60) days of the issuance of the written statement of completion.
C. Security securing the payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, after passage of the time within which claims of lien are required to be recorded pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code and after acceptance of the work, be reduced to an amount equal to the total claimed by all stop notice claimants for whom stop notices have been filed with the City, and if no claims have been filed, the security shall be released in full.
D. The partial release provisions of this Section 6 shall not apply to any required guarantee and warranty period required by Section 66499.9 for the guarantee or warranty nor to the amount of the security deemed necessary by the local agency for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. Security furnished to guarantee and warrant the Improvements against any defective work or labor done or defective materials furnished, shall be released within thirty (30) days after the completion of the one-year period following completion and acceptance of all Improvements.
E. If Subdivider’s obligations relating to any Improvements are subject to the approval of another governmental agency, the City shall not release the improvement (performance) security therefor until the obligations are performed to the 350
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satisfaction of such other governmental agency. Such agency shall have sixty (60) days after receipt of written notice from the Subdivider of the Subdivider’s performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Subdivider’s performance of the obligation was done to its satisfaction, and such improvement security shall be promptly released.
F. In the event the time periods for action by the City specified in this Section conflict with a shorter or longer time period for such actions as provided in Government Code Section 66499.7, the time periods in Government Code Section 66499.7 shall control.
7. INDEMNIFICATION OF CITY BY SUBDIVIDER
A. Neither the City, nor its officers, agents and employees, shall be liable or responsible for any accident, injury, loss or damage to either property or person attributable to or arising out of the defective design, construction, functionality, installation assembly or improper maintenance including, without limitation, the use of defective methods, materials or workmanship (collectively “Subdivider’s Faults”) of the Improvements by Subdivider, its officers, employees and agents. Subdivider shall indemnify, hold harmless and defend the City, its officers, agents and employees, from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including attorneys’ fees, arising directly or indirectly out of or attributable to Subdivider’s Faults.
B. Subdivider’s obligations under this Section 7 are not conditioned or dependent upon whether the City, or its officers, agents and employees, prepared, supplied or reviewed any Improvement Plans or related specifications in connection with the Subdivision or the Improvements, or has insurance or other indemnification covering any of these matters.
C. Subdivider’s obligation to indemnify, hold harmless and defend the City under this Section 7 shall extend to injuries to persons and damages to or alleged taking of property resulting from the Subdivider’s Faults, and the Improvements required herein, and shall likewise extend to claims asserted by adjacent property owners based upon the diversion of waters caused by the Subdivider’s defective design or defective construction of public drainage systems, streets, and other public facilities or improvements. Except for a City Directive as defined below, the City’s acceptance of the Improvements shall not constitute an assumption by the City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Subdivision or the Improvements constructed or installed pursuant to the approved Improvement Plans or the Final Map, regardless of any act or omission by the City in approving the Improvement Plans or the Final Map, unless the particular Improvement design was required by the City over the written objection of the Subdivider, which objection stated that the Improvement design was potentially dangerous or defective and set forth an alternative design (a “City Directive”). After City’s acceptance of the Improvements, the 351
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Subdivider shall remain obligated to correct or eliminate all dangerous conditions created by defects in design, construction or Subdivider’s Faults (other than those required by a City Directive); provided, however, that Subdivider shall not be responsible for routine maintenance as specified in Section 1(F) of this Agreement. Subdivider’s indemnity obligations hereunder shall remain in effect for ten (10) years following acceptance of the respective Improvement(s) by the City Council. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the Subdivider’s Faults with respect to the Improvements and other work done pursuant to this Agreement, unless same is due to a City Directive. City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans or related specifications, or in inspecting, reviewing or approving any work or construction of Improvements, unless same is due to a City Directive. The Subdivider’s improvement security shall not be required to secure the Subdivider’s obligations under this subparagraph C beyond the one-year guarantee and warranty period, unless the City Engineer provides notice to Subdivider prior to the expiration of the one-year period of the existence of, or continued existence of, defects in the improvements, in which case the portion of the improvement security to guarantee and warranty the improvements against defective work shall not be released and shall remain in place until the City Engineer provides written confirmation that the defects have been cured and corrected.
The indemnity shall be effective retroactively to the earliest recordation date of the Final Map.
D. Subdivider shall pay and satisfy any judgment, award or decree that may be rendered against City, its officers, officials, employees, agents, representatives and volunteers (collectively hereinafter “City and City Personnel”) to the extent of the indemnity provided above, in any such suit, action, or other legal proceeding, provided City gives Subdivider prompt written notice of such claim and allows Subdivider to undertake the defense thereof, and provided further that City cooperates in any such suit, action, or other legal proceeding, but shall retain its right to reject a settlement that the City deems, in its sole and absolute discretion, to be contrary to the interests of the City.
E. Subdivider’s obligation to indemnify shall not be restricted to Insurance proceeds, if any, received by the City and City Personnel.
F. Subdivider, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against City and City Personnel to the extent of the indemnity above provided.
8. INSURANCE
The following coverages will be provided by Subdivider and maintained on behalf of City and in accordance with the requirements set forth herein. If Subdivider performs construction activities through a general contractor, some or all of these insurance requirements for the period of construction may be satisfied by the general contractor’s insurance coverages. In such case, Subdivider shall maintain during this same construction period, and after the construction period, the coverages shown below 352
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as “Insurance After Construction.” In addition, Subdivider may elect to obtain, for all or any portion of the Project, an “Owner-Controlled Wrap Up” insurance policy in satisfaction of the insurance requirements for general contractors and subcontractors provided it satisfies all of the insurance requirements below for general contractors and subcontractors. Throughout these specifications, the word “Subdivider” refers to the Party responsible to provide the coverages as specified and, depending on context, may refer either to Subdivider or to a separate General Contractor.
A. Insurance During Construction. Subdivider shall provide the following insurance during construction of the Improvements. Insurance requirements may be met through insurance provided by Subdivider’s General Contractor:
1. Commercial General Liability Insurance. Commercial
General Liability Insurance (primary) shall be provided on ISO-CGL Form No.
CG 00 01 or equivalent coverage, including provisions for defense of additional insureds. Policy limits shall be no less than two million dollars ($2,000,000) per occurrence for all coverages and five million dollars ($5,000,000) general aggregate. City and its officers, employees and agents shall be added as additional insureds using ISO Form CG 20 10 11 85 or other revision of the CG 20 10 form if available from the insurer and reasonably acceptable to the City, not limiting coverage for the additional insured to “ongoing operations” or in any way excluding coverage for completed operations. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any officer, employee or agent of City.
Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors’ limitation or other endorsement limiting the scope of coverage for liability arising from pollution, explosion, collapse, or underground property damage.
2. Umbrella Liability Insurance. Umbrella Liability Insurance (or, at Subdivider’s election, Excess Liability Insurance) (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum. Coverage shall be at least as broad as any underlying coverage.
Coverage shall be provided on a “pay on behalf” basis. There shall be no cross liability exclusion and no contractor’s limitation endorsement. Policy limits shall be not less than five million dollars ($5,000,000) per occurrence and in the aggregate, including any limits required in the underlying policies. The policy shall have a starting date no later than and an ending date no earlier than those of the underlying coverages. The Named Insured (Subdivider or General Contractor as appropriate) may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits and complies with all other requirements listed here.
3. Business Auto Coverage. Business Auto Coverage shall be written on ISO Business Auto Coverage Form CA 00 01 or the equivalent, including symbol (1) (any Auto). If Subdivider (or Contractor) does not own any 353
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vehicles, this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies. Limits shall be no less than one million dollars ($1,000,000) per accident. This policy shall be scheduled as underlying insurance to the umbrella policy required above for a total limit of no less than five million dollars ($5,000,000) each accident.
4. Workers’ Compensation/Employer’s Liability. Workers’ Compensation/Employer’s Liability shall provide workers’ compensation statutory benefits as required by law. Employer’s liability limits shall be no less than one million dollars ($1,000,000) per accident or disease. Employer’s liability coverage shall be scheduled under the umbrella or excess liability policy described above. This policy shall be endorsed to waive any right of subrogation with respect to City, its officers, employees or agents.
5. Builder’s Risk Insurance. Builder’s Risk Insurance
covering all real and personal property for “all risks” of loss or “comprehensive perils” coverage including but not limited to the perils of earth movement, including earthquake (if required by Subdivider’s lender or if available at commercially reasonable rates) and flood for all Improvements.
B. Insurance After Construction. Upon completion of construction of the Improvements, and for the required one-year guarantee and warranty period for Improvements and the required 10-year indemnification period, Subdivider at Subdivider’s expense shall maintain or cause to be maintained the following insurance:
1. Commercial Property Insurance. Commercial Property
Insurance covering the Improvements. Coverage shall be at least as broad as the Insurance Services Offices broad causes of loss form CP 10 20, and reasonably approved of in writing by the City. Coverage shall be sufficient to insure 100% of the replacement value and there shall be no coinsurance provisions. The policy shall include an inflation guard endorsement, 100% rents coverage, contents coverage, coverage for personal property of others, ordinance or law and increased cost of construction coverage. Subdivider also agrees to provide builder’s all-risk insurance using an inland marine form during the period of any major alteration or improvement, using the broadest form available.
The insurance coverage for the peril of earthquake required for this project is subject to availability on the open market at commercially reasonable premium cost, as determined by mutual agreement between Subdivider and City. If such earthquake insurance coverage should, after diligent effort by Subdivider, be unobtainable at such mutually determined commercially reasonable premium cost, then Subdivider shall obtain the maximum insurance reasonably obtainable at commercially reasonable premium cost (if any) and give notice to City of the extent of Subdivider’s inability to obtain, in full, the required insurance, and in such event, Subdivider’s obligation to procure and maintain such insurance may be excused, subject to City’s verification of inability to obtain the required insurance. Subdivider and City agree that a premium cost of 354
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earthquake insurance coverage of up to 150% of the premium cost paid by Subdivider for such coverage on the Effective Date (to be adjusted over time based on the Consumer Price Index,) shall constitute a commercially reasonable premium cost. Non-availability at commercially reasonable premium cost must be documented by a letter from Subdivider’s insurance broker or agent indicating a good faith effort to place the required insurance and showing, at a minimum, the names of the insurance carriers and the declinations or quotations received from each.
2. Commercial General Liability Insurance. Commercial
General Liability Insurance (primary) shall be provided on ISO-CGL form No.
CG 00 01 or equivalent coverage, including provisions for defense of additional insureds. Policy limits shall be no less than two million dollars ($2,000,000) per occurrence for all coverages and five million dollars ($5,000,000) general aggregate. City and its officers, employees and agents shall be added as additional insureds using ISO form CG 20 10 or equivalent if available from the insurer and reasonably acceptable to the City. Coverage shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any officer, employee or agent of City until the warranty period specified in this Agreement expires.
3. Umbrella Liability Insurance. Umbrella Liability Insurance (or, at Subdivider’s election, Excess Liability Insurance) (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum. Coverage shall be at least as broad as any underlying coverage.
Coverage shall be provided on a “pay on behalf” basis. There shall be no cross liability exclusion. Policy limits shall be not less than five million dollars ($5,000,000) per occurrence and in the aggregate, including any limits required in the underlying policies. The policy shall have a starting date no later than and an ending date no earlier than those of the underlying coverages. Subdivider may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits.
4. Workers Compensation Insurance. Workers’
Compensation/Employer’s Liability shall provide workers’ compensation statutory benefits as required by law. Employer’s liability limits shall be no less than one million dollars per accident or disease. Employer’s liability coverage shall be scheduled under any umbrella or excess liability policy described above.
Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects City, its employees or agents.
5. Business Auto Coverage. Business Auto Coverage for
vehicles owned, operated or maintained in any way connected with the project, shall be written on ISO Business Auto Coverage form CA 00 01 or the equivalent, including symbol (1) (any Auto). If Subdivider (or Contractor) does not own any vehicles, this requirement may be satisfied by a non-owned vehicle endorsement 355
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to the general and umbrella liability policies. Limits shall be no less than one million dollars ($1,000,000) per accident. This policy shall be scheduled as underlying insurance to the umbrella or excess liability policy required above for a total limit of no less than five million dollars ($5,000,000) each accident.
C. Provisions Pertaining to Insurance Provided by Subdivider
1. All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage.
2. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any Party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
3. All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit Subdivider, and Subdivider’s employees, or agents, from waiving the right of subrogation prior to a loss.
Subdivider waives its right of subrogation against City.
4. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing by the City.
5. Unless otherwise approved by City, Subdivider’s insurance and insurance provided by any contractor or subcontractor relating to the construction of the Improvements shall be written by insurers authorized to do business in the State of California and with a minimum “Best’s” Insurance Guide rating of at least “A-:VII.” Self-insurance will not comply with these insurance specifications unless expressly approved in writing by the City.
6. In the event any policy of insurance required under this Agreement does not comply with these requirements and Subdivider does not cure the non-compliance within thirty (30) days after written notice from City (or Subdivider does not provide reasonable evidence of such cure within such period), or if the insurance is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any reasonable premium paid by City will be promptly reimbursed by Subdivider.
7. Subdivider agrees to provide evidence of the insurance required herein, satisfactory to City, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to Subdivider’s general liability and umbrella liability policies using ISO Form CG 356
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20 10 11 85. Certificate(s) are to reflect that the insurer will provide 30 days’ notice of any cancellation of coverage and policies are to have a “cancellation endorsement” to the same effect. Subdivider agrees to provide copies of any endorsements modifying coverage in any way upon request from City.
8. Subdivider shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.
9. Any actual or alleged failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of City or any additional insured, in this or any other regard.
10. Subdivider agrees to require all subcontractors or other parties (but not including a general contractor) hired for this project to construct the Improvements to purchase and maintain insurance for general liability (minimum limit $1,000,000 per occurrence), automobile liability ($1,000,000 per accident) and workers’ compensation (statutory benefits). Prior to the issuance of the Certificate of Completion for each Phase, Subdivider shall, upon request by City, provide the City with copies of all insurance policies, certificates and endorsements related to such Phase.
11. Subdivider agrees to monitor and review all coverage required by this Section and assumes all responsibility for ensuring that such coverage is provided as required here. Subdivider agrees to obtain certificates evidencing such coverage. Subdivider agrees that upon request, all agreements with subcontractors or others with whom Subdivider contracts with on behalf of City, and all certificates of insurance obtained in compliance with this paragraph will be submitted to City for review upon request by City. Failure of City to request copies of such documents will not impose any liability on City, or its employees.
12. Subdivider agrees to require that no contract used by any general contractor or subcontractor in connection with construction of the Improvements, or contracts Subdivider enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this Agreement.
13. Where appropriate (such as in the case of automobile insurance coverages), coverage will not be limited to the specific location designated as the Property.
14. Subdivider agrees to provide notice to City of any claim or loss against Subdivider that includes City as a defendant promptly after Subdivider receives written notice or obtains knowledge thereof. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 357
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City agrees to provide similar notice to Subdivider of any such claims it is notified of respecting the Property.
15. Subdivider agrees not to attempt to avoid its defense and indemnity obligations to City, and its officers, employees, agents by using as a defense Subdivider’s statutory immunity under workers’ compensation and similar statutes.
16. Subdivider agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and that there will be no cross liability exclusions that preclude coverage for suits between Subdivider and City or between City and any other insured or Named Insured under the policy, or between City and any Party associated with City or its employees.
17. If Subdivider or any contractor or subcontractor is a Limited Liability Company, general liability coverage must apply so that the Limited Liability Company and its Managers, Members, Affiliates, and their employees are insureds.
18. Subdivider shall require General Contractor to maintain commercial general liability, and if necessary, commercial umbrella liability insurance with a limit of not less than $15,000,000 for each occurrence, until the warranty period specified in this Agreement expires.
19. Subdivider agrees to obtain and provide to City evidence of professional liability coverage for Architects, Engineers or other design professionals working on the Improvements. The limit of liability required is subject to City approval, but in no event to be less than $1,000,000 per claim and in the aggregate, and Subdivider shall use reasonable efforts to require and cause such professionals to maintain coverage with respect to each occurrence for at least three years following substantial completion of the work and, in the event Subdivider is unable to do so, Subdivider shall promptly inform the City of the scope of such efforts and the reasons that it was unable to do so. If Subdivider requests that the City approve a lower limit for any particular design professional Subdivider seeks to employ on the Improvements, City will evaluate each such request based on City’s perception of liability exposure associated with the work that would be performed by that design professional.
20. To the extent a particular coverage or policy form or specification is not reasonably available from Subdivider's insurer or would result in an additional premium that is extraordinary or unreasonably disproportionate to the premium for the policy as a whole, then Subdivider shall provide substantially similar coverage reasonably acceptable to City for which the cost is not extraordinary or unreasonably disproportionate.
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9. OWNERSHIP OF THE IMPROVEMENTS
A. Ownership of all or any category of the Improvements constructed and installed by the Subdivider pursuant to this Agreement and shown on the Map to be dedicated to the public shall vest, as applicable, in the City (or other specified governmental agency) upon acceptance of said Improvements by the City. The acceptance of the Improvements shall either be shown by a certificate on the Final Map or by subsequent resolution accepting the Improvements adopted by the City pursuant to Government Code Section 66477.2 and recorded with the County Recorder or by other writing.
B. The Subdivider shall at all times prior to the acceptance of the Improvements by the City, give good and adequate warning to the public of each and every dangerous and defective condition caused by the construction of the Improvements and shall take all steps reasonably necessary to protect the public from such dangerous or defective conditions. The Subdivider agrees and understands that until acceptance of the Improvements by the City in writing, each Improvement and Improvement area that is offered for dedication shall be under the charge of the Subdivider, and the Subdivider may close all or a portion of any street or area whenever necessary to protect the public during the construction of the Improvements.
10. PREPARATION AND RECORDATION OF CC&RS.
A. The Subdivider shall establish a Homeowners Association for the residential areas of the Final Map owned by Subdivider, and to pay all costs associated with the creation of the associations.
B. The Subdivider shall prepare and record Covenants, Conditions, and Restrictions (CC&Rs) which obligate each homeowners association to provide for maintenance of the shared facilities, improvements, and landscaping within the boundaries of the associations in perpetuity in accordance with the Development Agreement and conditions of approval. The CC&Rs shall describe the homeowners association and the City's responsibilities and rights, and shall be subject to the approval of the City prior to recordation.
C. The Subdivider shall implement applicable provisions of the Mitigation Monitoring and Reporting Program.
11. DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES
OF THE CITY
A. Upon the occurrence of any of the following events, the Subdivider shall be deemed to be in default under this Agreement:
1. Subject to any time extensions granted in accordance with Section 4, failure to complete construction and installation of the Improvements or any of them by the completion date set forth above in the Subdivision Reference Data;
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2. Failure to promptly correct or cure any defect in the Improvements or any of them (other than a City Directive) during the one-year guarantee and warranty period as required by Section 3.A or failure to commence correction or cure of any such defect or failure to diligently prosecute same to completion, in each instance following receipt by Subdivider of written notice that such defect exists;
3. Subject to any time extensions granted in accordance with Section 4, failure to perform substantial construction work of the Improvements or any of them, after commencement of work on same, for a period of thirty (30) days after Subdivider’s receipt of written notice thereof from the City;
4. Insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, whether voluntary or involuntary, and such is not cured or discharged within a period of thirty (30) days;
5. Commencement of a foreclosure action against the
Subdivision or any portion thereof, or any conveyance by the Subdivider in lieu or in avoidance of foreclosure, within thirty (30) days after receipt by Subdivider of written notice thereof from the City; or
6. Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within thirty (30) days after receipt by Subdivider of written notice thereof from the City.
B. City reserves to itself all remedies available to it at law or in equity for any breach of Subdivider’s obligations under this Agreement. City shall have the right, without limitation of other rights or remedies, after written notice to Subdivider and a reasonable opportunity for Subdivider to cure any such alleged default, to draw upon or utilize any improvement security furnished hereunder to complete the Improvements or otherwise mitigate City’s damages in the event of Subdivider’s default.
C. Following Subdivider’s receipt of written notice of alleged default and failure by Subdivider to promptly commence the cure of any alleged default and to diligently prosecute such cure to completion, the City may serve written notice of any such default upon the surety on any corporate surety bond furnished as improvement security hereunder, and request that said surety take over and complete the Improvements herein specified. If such surety, within thirty (30) days after service of such notice of default, does not give the City written notice of its intention to perform this Agreement, or does not commence such performance within thirty (30) days after notice to the City of such intention to perform, the City may take over the work and prosecute the same to completion, by contract or by any other method the City deems advisable, for the account and at the expense of the Subdivider and its surety.
D. Subdivider acknowledges that the Estimated Total Costs and Improvement Security amounts set forth herein may not reflect the actual cost of construction or installation of the Improvements, and, consequently, City’s damages for 360
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Subdivider’s default shall be measured by the actual cost of completing the required Improvements. If the damages incurred by the City in taking over and completing the Improvements exceeds the principal amount of the improvement security, then the Subdivider shall reimburse the City in the amount of such excess damages.
E. Following Subdivider’s receipt of written notice of alleged default and failure by Subdivider to promptly commence the cure of any alleged default and to diligently prosecute such cure to completion, City may, without liability for so doing, take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the performance of the work. Subdivider hereby consents to such entry by the City and its representatives, including contractors, following written notice to Subdivider upon the real property in the Subdivision owned by Subdivider and necessary for City to enter or access under this Agreement, in the event the City elects to maintain or complete the work on the Improvements following Subdivider’s default.
F. Subdivider acknowledges and agrees that approval of the Final Map for the Subdivision conferred substantial rights upon the Subdivider, including the right to sell, lease or finance lots within the Subdivision, and that such approval constitutes the final act necessary to permit the division of land within the Subdivision.
As a result, City will be damaged to the extent of the cost of construction or installation of the Improvements upon Subdivider’s failure to perform its obligations under this Agreement, which failure is not promptly remedied by sureties or by Subdivider.
G. The City’s failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider.
H. If City sues to compel Subdivider’s performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, and is the prevailing party, Subdivider agrees to pay all reasonable attorneys’ fees and other costs and expenses of litigation incurred by the City in connection therewith, even if Subdivider subsequently resumes and completes the work.
12. RELATIONSHIP OF THE PARTIES
Neither Subdivider, nor any of Subdivider’s contractors, employees or agents, are or shall be deemed to be, agents of the City in connection with the performance of Subdivider’s obligations under this Agreement.
13. ASSIGNMENT
A. Subdivider shall not assign this Agreement, or any portion thereof without the prior written consent of the City in accordance with the Development Agreement. Any attempted or purported assignment in violation of this subparagraph A shall be null and void and shall have no force or effect. 361
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B. The sale or other disposition of the Subdivision shall not relieve Subdivider of its obligations hereunder. If Subdivider intends to sell the Subdivision, or any portion thereof (except for the sale of individual lots with homes to individual purchasers), to any other person or entity, the Subdivider may request an assignment or novation of this Agreement and a substitution of improvement security. Upon the City’s approval of the assignment or novation and substitution of improvement security, the Subdivider may request a release or reduction of the improvement security furnished pursuant to this Agreement.
14. NOTICES
All notices required or provided for in this Agreement shall be in writing and delivered in person or by mail, postage prepaid, and addressed as follows:
If to the City: Art Vela
Director of Public Works/City Engineer
City of Banning
99 E. Ramsey Drive
Banning, California 92220
If to the Subdivider: To the address set forth above in the Subdivision Reference Data, or to such other
address as may subsequently be designated
in written notice to the City.
Notice shall be effective on the date that it is delivered in person, or, if mailed, three (3) days after the date of deposit in the United States Mail.
15. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties with respect to its subject matter. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties. In the case of the City, the duly authorized representative, unless otherwise specified herein, shall be the City Engineer.
16. SEVERABILITY
The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect.
17. INCORPORATION OF SUBDIVISION REFERENCE DATA AND
RECITALS
The Subdivision Reference Data and the Recitals are incorporated into this Agreement.
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APPROVED.BY
CITY OF BAtNNMG
JUN 2 5 2019
Prepared By:
Date Prepared:
Approved By:
Date Approved:
Tract No.:
City of Banning Engineering Division
MDS Consulting
6/24/2019
37474
Sewer
Construction Cost Estimate for Bonding, Plan Check & Inspection Fees (Subdivisions/Public Works/Commercial Projects)
ITEM
SEWER IMPROVEMENTS
8-inch Main
6-inch Lateral
4-inch Lateral
Manhole
Remove Plug & Join Main
Adjust Manhole to Grade
TOTAL
15% Contingency
GRAND TOTAL
UNIT
LF
LF
LF
Each
Each
Each
QUANTITY UNIT PRICE
3,338 $
79 $
3,913 $
17 $
I $
17 $
Faithful Performance (100%)
Labor & Material (100%)
60.00 45.00
40.00 4,000.00
250.00
500.00
$
$
$
$
$
$
$
$
$
$
$
TOTAL
200,280.00
3,555.00
156,520.00
68,000.00
250.00
8,500.00
437,105.00
65,565.75
502,670.75
502,670.75
502,670.75