Banning City Council
March 12, 2024

March 12, 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 - Riverside County Arts and Culture Month

4. REPORT ON CLOSED SESSION

5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS 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.

1.1 INVOCATION
Performed by Pastor Nate Rodriguez of Infinite Center

1.2 PLEDGE OF ALLEGIANCE

1.3 ROLL CALL

2.1 AGENDA APPROVAL
Recommendation: Proclaim March 2024 as Riverside County Arts and Culture Month.

Serita Young, City Attorney

5.1 PUBLIC COMMENTS

5.2 CORRESPONDENCE

5.3 APPOINTMENTS

5.4 CITY COUNCIL COMMITTEE REPORTS
Regular City Council Meeting Agenda
March 12, 2024
1 6. CONSENT ITEMS

6.1 Approval of the Meeting Minutes for the February 27, 2024 City Council Meetings

6.2 Consideration of Resolution 2024-43, Authorizing the Purchase of Three Chevy Bolts from Jessup Auto Plaza in the amount of $99,091.79 and establishing a total budget of $104,046.38 as included in the City’s Short Range Transit Plan

6.3 Consideration of Resolution 2024-46, Approving Amendment No. 6 to a Professional Services Agreement (C00641) with Nobel Systems Inc. for ArcGIS and API Online Services

6.4 Consideration of Resolution 2024-47, Approving an Amendment to the ARC Document Solutions Purchase Order (PO 31887) to Increase the Amount by $3,939.60 for a Total of $28,434.60

6.5 Consideration of Resolution 2024-48, Approving the Purchase of 16 Zoll Aeds, 16 Zoll AED Carrying Cases, 2 Wall Mounted Cabinets From Acme Medical Using 2023 Q4 Firehouse Subs Public Safety Foundation Grant Award in the Amount of $29,896.32

6.6 Consideration of Resolution 2024-49, an Agreement for Professional Services (C00979) for California State Housing and Community Development (HCD) Annual Progress Report Services with Rincon Consultants, Inc.

6.7 Consideration of Resolution 2024-04 UA, Approving Amendment No. 3 to the Professional Services Contract for the Design of Well C-8 with Hazen and Sawyer of Palm Desert, CA in the Amount of $30,406.22 and Extending the Term to June 30, 2026

7. PUBLIC HEARINGS

8. REPORTS OF OFFICERS

8.1 Consideration of Resolution 2024-44, 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 to Operate within the Community

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 February 27, 2024 City Council Meetings.

Recommendation: Adopt Resolution 2024-43.

Recommendation: Adopt Resolution 2024-46.

Recommendation: Adopt Resolution 2024-47.

Recommendation: Adopt Resolution 2024-48.

Recommendation: Adopt Resolution 2024-49.

Recommendation: Adopt Resolution 2024-04 UA.

Recommendation: (1) That the Successor Agency adopt Resolution 2024-02 SA; and (2) That the City Council adopt Resolution 2024-44.

Regular City Council Meeting Agenda
March 12, 2024
2 8.2 Consideration of Resolutions 2024-45, 2024-03 UA, and 2024-03 SA, Approving and Adopting the Mid-Year 2023-24 Budget for Fiscal Period July 1, 2023 through June 30, 2024, for the City, Utility Authority and Successor Agency

8.3 Consideration of Closure of Fund 690 - Refuse Fund, Transfer of Fund Balance to Fund 001 - General Fund, and Future Identification of Franchise Deposit

8.4 Consideration of a Request from Councilmember Flynn to Reconsider the City Council’s Vote on Resolution 2024-22 on February 13, 2024, Approving the Purchase of 50 Motorola APX NEXT Radios and Accessories and, if Reconsidered, Consideration of Resolution 2024-22, Approving the Purchase of 50 Motorola APX NEXT Radios and Accessories

9. DISCUSSION ITEMS

9.1 Discussion of Council Policy Changes Regarding Extension of Meetings and Disparaging Remarks Made by Members of the City Council

9.2 Ring of Honor Selection Committee Appointment

9.3 Downtown Complete Street/Revitalization Implementation - Active Transportation Plan (ATP) Grant Opportunity

9.4 Discussion of Policy to Prohibit Use of Personal Cell Phones on Dais During Meetings

10. ITEMS FOR FUTURE AGENDAS
Recommendation: (1) That the City Council adopt Resolution 2024-45; (2) that the Utility Authority Board adopt Resolution 2024-03 UA; and, (3) that the Successor Agency Board adopt Resolution 2024-03 SA.

Recommendation: Consider and approve closure of Fund 690 - Refuse Fund, authorize transfer of fund balance to Fund 001 - General Fund, and identify whether to classify Franchise deposit as an assigned or committed fund balance.

Recommendation: 1. Determine whether to reconsider the City Council’s vote on Resolution 2024-22 and,

2. If a motion is approved to reconsider the Council’s adoption of Resolution 2024-22, consider and adopt Resolution 2024-22, approving the purchase of 50 Motorola APX NEXT radios and accessories.

Recommendation: Provide direction to the City Manager regarding changes to City Council policy.

Recommendation: Discussion item only.

Recommendation: Provide feedback to the Public Works Department on pursuing an Active Transportation Grant (ATP) to implement portions of the adopted Downtown Complete Street and Revitalization Plan and the draft Active Transportation Plan.

Recommendation: A motion directing the City Manager to prepare a policy prohibiting the use of personal cell phones on the dais during public meetings.

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. Donation Policy (Flynn)

9. Zencity Contract (Flynn)
Regular City Council Meeting Agenda
March 12, 2024
3 11. ADJOURNMENT

10. Cannabis Ordinance/Moratorium (Flynn)

11. Use of Personal Cell Phones on Dais (Flynn)

12. Zoom Options for Public Meetings (Flynn)

13. Ring of Honor Committee (Minjares)
Next Regular Meeting – March 26, 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
Secretario adjunto de la ciudad
Regular City Council Meeting Agenda
March 12, 2024
4 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
March 12, 2024
5 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: March 12, 2024
SUBJECT: Proclamation - Riverside County Arts and Culture Month RECOMMENDATION:

Proclaim March 2024 as Riverside County Arts and Culture Month.

BACKGROUND:

Proclaim March 2024 as Riverside County Arts and Culture Month.

JUSTIFICATION:

N/A
FISCAL IMPACT:

None
ALTERNATIVES:

N/A
ATTACHMENTS:

1. Proclamation - Arts and Culture Month.pdf
6 City of Banning

OFFICE OF THE MAYOR
WHEREAS, Riverside County has emerged as a leader in Arts and Culture; and, WHEREAS, the encouragement of local artists and the steadfast support of the arts community are deemed essential for elevating the quality of life in Riverside County and fostering economic stimulation through tourism, arts and innovation; and, WHEREAS, our vibrant arts and culture scene has been cultivated through extensive partnerships with local nonprofits, private corporations, cities, and strategic allies, collectively contributing to Riverside County's leadership in the arts; and, WHEREAS, a cultural landscape that bolsters the arts and culture community in Riverside County is crucial not only for promoting tourism throughout the County but also for enriching the lives of our residents; and,
WHEREAS, the County of Riverside values a dynamic atmosphere that fosters innovation, education, and outreach within the local art community, recognizing these as vital components for the success, health, and advancement of our county.

NOW THEREFORE, I, Alberto Sanchez, Mayor of the City of Banning, do hereby proclaim the month of March 2024 as “Riverside County Arts & Culture Month” to continue encouraging the arts in our communities and the region.

BE IT PROCLAIMED this 12th day of March, 2024.

Alberto Sanchez, Mayor
7 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: March 12, 2024
SUBJECT: Approval of the Meeting Minutes for the February 27, 2024 City Council Meetings
RECOMMENDATION:

Approve the minutes of the February 27, 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 02 27_Minutes_Special Meeting - Closed Session.pdf

2. 2024 02 27_Minutes_Special Meeting - Workshop.pdf

3. 2024 02 27_Minutes_Regular Meeting.pdf
8 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 2/27/2024

CITY COUNCIL SPECIAL MEETING
COUNCIL MEMBERS PRESENT: Council Member Sheri Flynn
Council Member David Happe
Mayor Alberto Sanchez
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: Mayor Pro Tem Rick Minjares
OTHERS PRESENT: Doug Schulze, City Manager
Serita Young, City Attorney
Marie Calderon, City Clerk
Caroline Patton, Administrative City Clerk
Lincoln Bogard, Administrative Services Director
Nicole Jews, Human Resources Manager

1. CALL TO ORDER
Mayor Sanchez called the special meeting to order at 3:05 p.m.

1.1 Roll Call
COUNCIL MEMBER PRESENT: ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 

2. PUBLIC COMMENT – Agenda Items
None

3. CLOSED SESSION
Serita Young, City Attorney, read the closed session citations.

3.1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Doug Schulze, City Manager; Lincoln Bogard, Finance Director; Nicole Jews, Human Resources Manager Employee Organization: Banning Police Officers’ Association (BPOA) 9 Special Meeting Minutes 2/27/2024 Page 2 of 2

3.2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2):
1 potential case

4. ADJOURNMENT
The Special City Council meeting adjourned at 4:17 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 10 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 2/27/2024

CITY COUNCIL SPECIAL MEETING
COUNCIL MEMBERS PRESENT: Council Member Sheri Flynn
Council Member David Happe
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
Ralph Wright, Parks and Recreation Director

1. CALL TO ORDER
Mayor Sanchez called the special meeting to order at 4:17 p.m.

1.1 Roll Call
COUNCIL MEMBER PRESENT: ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 

2. PUBLIC COMMENT – Agenda Items
None

3. WORKSHOP

3.1. Candidate Interviews for, and Appointments to, the Banning Youth Council Interviews of Applicants:
• Kal-El Hernandez
• Malia Lopez
• Luana Patterson
• Justin Smith
11 Special Meeting Minutes 2/27/2024 Page 2 of 2
Motion to appoint Kal-El Hernandez, Malia Lopez, Luana Patterson, and Justin Smith to the Banning Youth Council.

Motion by Council Member Wallace
Seconded by Council Member Flynn

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

4. ADJOURNMENT
The Special City Council meeting adjourned at 4:49 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 12 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 2/27/2024

CITY COUNCIL REGULAR MEETING
COUNCIL MEMBERS PRESENT: Council Member Sheri Flynn
Council Member David Happe
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
Ralph Wright, Parks and Recreation Director

1. CALL TO ORDER
Mayor Sanchez called the regular meeting to order at 5:04 p.m.

1.1. Invocation – Ralph Wright, Parks and Recreation Director, 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 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 

2. AGENDA APPROVAL

2.1. Approve Agenda
Motion to approve the agenda.

Motion by Council Member Wallace
13 Regular Meeting Minutes 2/27/2024 Page 2 of 14
Seconded by Council Member Happe

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

3. PRESENTATIONS

3.1. Proclamation – Women’s History Month

4. REPORT ON CLOSED SESSION
Serita Young, City Attorney reported that there was discussion and direction provided to staff, with no final nor reportable action.

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:
• Beverly Berry
• Inge Schuler
• Harry Sullivan
• Bill Hobbs
• Diego Rose

5.2. CORRESPONDENCE
None

5.3. APPOINTMENTS
None

5.4. CITY COUNCIL COMMITTEE REPORTS
Council Member Wallace reported on a Community Action Partnership (CAP) meeting.

Mayor Pro Tem Minjares reported on discussions he had had with Council Member Flynn regarding the ARE Animal Shelter Advisory Committee.

Mayor Sanchez reported on a recent Tri-Pointe Homes ribbon cutting he attended.

Council Member Flynn reported on a Mayors and Council Members Roundtable, a webinar she attended, the Riverside Transit Agency (RTA) board meeting, a meeting with the Executive Director of the Western Riverside County Council of Governments 14 Regular Meeting Minutes 2/27/2024 Page 3 of 14
(WRCOG), and a Riverside County Transportation Commission (RCTC) meeting.

She also said the ARE Animal Shelter Committee would be moving forward.

Council Member Happe reported that he would hold Town Hall meetings tentatively scheduled for the second Saturday of each month. He said citizens could confirm the date, time and location on the City’s calendar.

Mayor Pro Tem Minjares added that four members were appointed to the Banning Youth Council this evening.

5.5. CITY MANAGER REPORT
City Manager Schulze responded to Public Comment.

5.6. CITY ATTORNEY REPORT
City Attorney Young had no report.

5.7. CITY TREASURER REPORT
Treasurer Geronimo had no report.

6. CONSENT AGENDA

6.1 Approval of the Meeting Minutes for the February 6 and 13, 2024 City Council Meetings

6.2 Accounts Payable and Payroll Warrants Issued in the Month of December 31, 2023

6.3 Accounts Payable and Payroll Warrants Issued in the Month of January 31, 2024

6.4 Receive and File Cash and Investments Report for the Month of January 2024

6.5 Receipts, Disbursements, & Fund Balances Reporting for January 2024 and Fiscal Year 2022-23 and 2023-24 Year-To-Date

6.6 Receive and File Police Department Statistics for the Month of January 2024

6.7 Receive and File Fire Protection Services Statistics for the Month of January 2024

6.8 Public Works Capital Improvement Project Tracking List

6.9 Receive and File Code Enforcement Update and Statistics for the Month of January 2024

6.10 Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports

6.11 Bulky Item Collection/Compost Giveaway Event Update

6.12 Authorize the City Manager to Sign the Notice of Completion for Project No.

WA22G1, “Drilling, Construction, Development, and Testing of City of Banning Well C-8” as Complete and Direct the City Clerk to Record the Notice of Completion

6.13 Consideration of Resolution 2024-29, Approving Final Tract Maps 37388-1, 37388- 2, 37388-3; Releasing the Maps for Recordation; Authorizing Staff to Sign the Subdivision Improvement Agreements and Final Tract Maps; and, Accepting Faithful Performance and Labor Bonds for Public Improvements

6.14 Consideration of Resolution 2024-30, Approving an Agreement with Pyro Spectaculars, Inc. for Production of the Fourth of July Aerial Fireworks Display

6.15 Consideration of Resolution 2024- 31, Awarding a Professional Services Agreement for the Design of Lions Park Non-Potable Water Irrigation Conversion Project to Kimley- Horn and Associates, Inc. in the amount of $98,749 and Approving a 10% Contingency for a Total Project Budget of “Not-to-Exceed” $108,623.90

6.16 Consideration of Resolution 2024-34, Authorizing the Submittal of a Water Recycling Funding Program Planning Grant Application for a Request of 15 Regular Meeting Minutes 2/27/2024 Page 4 of 14
Approximately $300,000 and Authorizing the City Manager or Designee to Sign and Submit All Required Documents Related to the Planning Grant Application

6.17 Consideration of Resolution 2024-35, Approving Amendment No. 6 to a Professional Services Agreement (C00641) with Nobel Systems Inc. for ArcGIS and API Online Services

6.18 Consideration of Resolution 2024-36, Approving Amendment No. 5 to a Professional Services Agreement (C00658) for Planning Services by and between the City of Banning and Romo Planning Group, Inc. (RPG)

6.19 Consideration of Resolution 2024-37, Approving Amendment No. 3 to a Professional Services Agreement (C00608) with Willdan Engineering for Building and Safety Plan Check and Landscape Design Review Services

6.20 Consideration of Resolution 2024-39, Approving an Amendment to the Williams Scotsman Purchase Order (32201) in the Amount of $20,000

6.21 Consideration of Resolution 2024-41, Authorizing the City Manager to Enter into a Lease Agreement with Haskell Real Estate for Homeless Transitional Housing

6.22 Second Reading and Adoption of Ordinance 1597, Establishing Regulations Governing the Possession of Catalytic Converters, and Amending Title 9 of the Banning Municipal Code

6.23 Second Reading and Adoption 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.

6.24 Second Reading and Adoption 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, by 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 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 State Housing Law; And Making a Determination of Exemption From the California Environmental Quality Act Public Comment
• Daryl C. Terrell
Motion to adopt consent agenda items 6.4 to 6.7, 6.9 to 6.16, 6.22 to 6.23.

Motion by Council Member Wallace
Seconded by Council Member Happe

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.
16 Regular Meeting Minutes 2/27/2024 Page 5 of 14

6.1. Approval of the Meeting Minutes for the February 6 and 13, 2024 City Council Meetings
Public Comment
• Cindy Barrington
• Diego Rose
• Frank Burgess
Motion to adopt the meeting minutes for February 6, 2024 City Council Meetings with the addition of a written statement authored by Council Member Flynn.

Motion by Council Member Flynn
Seconded by Mayor Pro Tem Minjares

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

Motion to adopt the meeting minutes for February 13, 2024 City Council Meetings.

Motion by Mayor Sanchez
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

6.2. Accounts Payable and Payroll Warrants Issued in the Month of December 31, 2023 Lincoln Bogard, Administrative Services Director, presented the staff report.

Public Comment
None
Motion to ratify the Accounts Payable and Payroll Warrants for the Month of December 2023.

Motion by Council Member Happe
17 Regular Meeting Minutes 2/27/2024 Page 6 of 14
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

6.3. Accounts Payable and Payroll Warrants Issued in the Month of January 31, 2024 Lincoln Bogard, Administrative Services Director, presented the staff report.

Public Comment
• Frank Burgess
• Diego Rose
Motion to ratify the Accounts Payable and Payroll Warrants for the Month of January 2024.

Motion by Council Member Flynn
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

6.8. Public Works Capital Improvement Project Tracking List Art Vela, Director of Public Works, presented the staff report.

Public Comment
None
Motion to receive and file.

Motion by Council Member Happe
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
18 Regular Meeting Minutes 2/27/2024 Page 7 of 14
Wallace, Colleen 
Motion approved by a vote of 5-0.

6.17. Consideration of Resolution 2024-35, Approving Amendment No. 6 to a Professional Services Agreement (C00641) with Nobel Systems Inc. for ArcGIS and API Online Services
Adam Rush, Community Development Director, presented the staff report.

Public Comment
None
Motion to continue this item to the next meeting.

Motion by Council Member Flynn
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

6.18. Consideration of Resolution 2024-36, Approving Amendment No. 5 to a Professional Services Agreement (C00658) for Planning Services by and between the City of Banning and Romo Planning Group, Inc. (RPG) Adam Rush, Community Development Director, presented the staff report.

Public Comment
• Diego Rose
Motion to adopt Resolution 2024-36.

Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.
19 Regular Meeting Minutes 2/27/2024 Page 8 of 14

6.19. Consideration of Resolution 2024-37, Approving Amendment No. 3 to a Professional Services Agreement (C00608) with Willdan Engineering for Building and Safety Plan Check and Landscape Design Review Services Adam Rush, Community Development Director, presented the staff report.

Public Comment
None
Motion to adopt Resolution 2024-37.

Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

6.20. Consideration of Resolution 2024-39, Approving an Amendment to the Williams Scotsman Purchase Order (32201) in the Amount of $20,000 Doug Schulze, City Manager, presented the staff report.

Public Comment
• Diego Rose
• Frank Burgess
Motion to adopt Resolution 2024-39.

Motion by Council Member Happe
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 4-1.

6.21. Consideration of Resolution 2024-41, Authorizing the City Manager to Enter into a Lease Agreement with Haskell Real Estate for Homeless Transitional Housing Doug Schulze, City Manager, presented the staff report. 20 Regular Meeting Minutes 2/27/2024 Page 9 of 14
Public Comment
• Harry Sullivan
• Diego Rose
Motion to adopt Resolution 2024-41.

Motion by Mayor Sanchez
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 3-2.

Mayor Sanchez announced a recess at 7:45 p.m. The meeting was reconvened at 8:06 p.m.

6.24. Second Reading and Adoption 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, by 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 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 State Housing Law; And Making a Determination of Exemption From the California Environmental Quality Act Adam Rush, Community Development Director, presented the staff report.

Public Comment
• Frank Burgess
Motion to remand this to the Planning Commission for further discussion and bring it back to the Council.

Motion by Council Member Flynn
No second. Motion failed.

Motion to conduct the second reading and adopt Ordinance 1600.

Motion by Mayor Pro Tem Minjares
Seconded by Council Member Mayor Sanchez

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
21 Regular Meeting Minutes 2/27/2024 Page 10 of 14
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 4-1.

7. PUBLIC HEARING(S)
None

8. REPORTS OF OFFICERS

8.1 Introduction and First Reading of Ordinance 1601, An Ordinance of the City of Banning, California, Amending Sections 2.42.030(B), 2.42.040(A), 2.42.040(B)(2) of Chapter 2.42 (Youth Council) of Title 2 (Administration and Personnel) of the Banning Municipal Code to Modify the Composition of, the Meeting Times for, and the Quorum Requirements for the Banning Youth Council, and Making a Determination of Exemption from the California Environmental Quality Act Ralph Wright, Parks and Recreation Director, presented the staff report.

Public Comment
None
Motion to introduce, as read by title only, Ordinance 1601.

Motion by Council Member Happe
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

8.2 Consider of Stagecoach Days Memorandum of Understanding (MOU) Doug Schulze, City Manager, presented the staff report.

Public Comment
None
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 and 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.
22 Regular Meeting Minutes 2/27/2024 Page 11 of 14
Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

8.3 Presentation by GHJ Advisors on the Results of the Forensic Investigation of the Electric Department for the Period of 01/01/2018 through 06/30/2023 Lincoln Bogard, Administrative Services Director, presented the staff report. He introduced Peter Brown of GHJ Advisors to present their report to Council.

Public Comment
• Harry Sullivan
• Jason Smith
• Jim Steffens
• Frank Burgess
• Brandon Robinson
• Frank Connolly
Motion to receive and file.

Motion by Council Member Happe
Seconded by Mayor Pro Tem Minjares

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

8.4 Consideration of Resolution 2024-32, 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)
Adam Rush, Community Development Director, presented the staff report.

Public Comment
• Frank Connolly
23 Regular Meeting Minutes 2/27/2024 Page 12 of 14
Motion to adopt Resolution 2024-32.

Motion by Mayor Sanchez
Seconded by Council Member Happe

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

Motion to continue the meeting past 10:00 p.m.

Motion by Council Member Wallace
Seconded by Council Member Flynn

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

Mayor Sanchez announced a recess at 10:15 p.m. The meeting was reconvened at 10:31 p.m.

8.5 Consideration of Modifying the City of Banning's Public Hearing Notice Requirements for Development Applications
Adam Rush, Community Development Director, presented the staff report.

Public Comment
• Frank Connolly
Motion to continue the meeting past 11:00 p.m.

Motion by Mayor Sanchez
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
24 Regular Meeting Minutes 2/27/2024 Page 13 of 14
Motion failed by a vote of 4-1.

8.6 Consideration of Resolutions 2024-38, 2024-03 UA, and 2024-03 SA, Approving and Adopting the Mid- Year 2023-24 Budget for Fiscal Period July 1, 2023 through June 30, 2024, for the City, Utility Authority and Successor Agency

8.7 Consideration of Resolution 2024-33, 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 to Operate within the Community

8.8 Consideration of Resolution 2024-40, Authorizing the Submittal of a Grant Application Under the Bureau of Reclamation WaterSMART: Title XVI WIIN Act Water Reclamation and Reuse Program for Fiscal Year 2023 and for Fiscal Year 2024 for up to 25% of the Total Project Costs, Up To $30 Million, for the Wastewater Treatment Plant and Recycled Water Upgrades and Authorizing the City Manager to Executed Related Grant Agreement to Receive Funding

9. DISCUSION ITEM(S)

9.1. Discuss Adding a City of Banning Identifier to the San Gorgonio Avenue Overpass

9.2. Discussion of Policy to Prohibit Use of Personal Cell Phones on Dais During Meetings

9.3. Ring of Honor Selection Committee Appointment

10. ITEMS FOR FUTURE AGENDAS

10.1. New Items

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. Cannabis Ordinance/Moratorium (Flynn)

12. Use of Personal Cell Phones on Dais (Flynn)

13. Zoom Options for Public Meetings (Flynn)

14. Ring of Honor (Minjares)

11. ADJOURNMENT
The meeting was adjourned at 11:15 p.m.
25 Regular Meeting Minutes 2/27/2024 Page 14 of 14
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 6.3: Public Comment
Exhibit B – Agenda Item 8.4: Staff Presentation
Exhibit C – Agenda Item 8.5: Staff Presentation
26 ~~ ~ + r2 m ~-3
(1)!;lt ! r C"J6/ lo I 1 ° 01' RECEIVED

2022 JAN FEB MARCH

APRIL MAY JUNE

JULY AUG SEPT

OCT NOV DEC

TOTAL AT THIS POINT
2023 JAN FEB MARCH

APRIL MAY JUNE

JULY AUG SEPT
$ 77, 7228.28
$ 104,213.43
$ 80,829.04
$ 73,443.57
$ 73,925.26
$ 78,538.75
$ 83,860.91
OCT NOV DEC NOT PAID AT THIS POINT.

City of Banning
City Clerk's Office
$2,043,906.01
BALANCE AS OF JAN 2024 THAT HAS BEEN PAID $2,280,230.93 --------------------------------------------------- --------------------------------------------------- What it appears is that no action has been taken of the 14 pages that was deliver to the Banning City Clerk, Deputy City Clerk, City Attorneys Main Office, City Manager, Assistant City Manager, Purchasing office or the Administrative Services Director of Finances in reference to the Auto Groups agreement of 2005, 2012 and 2016. Where by that have failed to meet their Obligation to the citizen of Banning.

It is your duty as a city council to see that this matter is corrected at once. You must do your homework on this matter.

Frank J. Burgess, Feb 27, 2024 City Council meeting.

Exhibit A
27 Consideration and Adoption of Resolution 2024-32, 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).

Consideration and Adoption of Resolution 2024-32 A Resolution of the

CITY COUNCIL
REPORT OF OFFICERS NO. 8.4
FEBURARY 27, 2024
BACKGROUND:

In January of 2020, the City Council previously approved a Fee Waiver of $20,000 for another property on Wilson Street which is constructed, occupied, and was recently dedicated to the new residents.

Habitat has completed several homes within the City of Banning and recently purchased three (3) additional properties (APNs: 540-033- 045; -046; and -047).

The requested Fee Waiver would incorporate the City's application fees. The City's Fee Estimate for provision of these services is no less than $23,370 a breakdown of which provided below:

Exhibit B
28 AERIAL EXHIBIT:

GENERAL PLAN/ZONING:
29 ROAD/STREET ASSETS:

SEWER ASSETS:
30 WATER ASSETS:

FEE OUTLINE:

Final Parcel Map $992.00
Tentative Parcel Map $8,550.00
Environmental Assessment $8,505.00
Sub-Total: $18,047.00
Tenative Parcel Map - Prelim $2,238.00
Final Parcel Map (Plan Check - 1st Sheet) $2,275.00
Final Parcel Map (Plan Check - Each Additional Sheet) $810.00 Sub-Total: $5,323.00
TOTAL FEES $23,370.00

PLANNING FEES

ENGINEERING FEES
$23,370.00
31 JUSTIFICATION:

According Accordin A g to the Public Policy Institute of California, The share of Californians
to the
s saying,
e
g,
Public
‘housing
Po
ng
Pol
g or
ic
or
cy Institute
r homelessness
o
ss
of
is
Califor
s the
ifor
he
fornia
top
nia
op
a, Th
p issue
he
ue
e sha
e facing
re
ng
e o
the
of
Califor he
state
ifor
te.
forni
e.

Affordability Affordabilit A y is a greater challenge in coastal areas, where two-thirds of Californians
it
ns
ty is a
s reside
greate
e and
ate
nd
te
a
r challeng h
a majority
ng
ty
ge
of
i
of
in c
f Los
co
os
oastal ar
s Angeles
area
es
reas, wher
s residents,
re
s,
e two
, young
t
ng
thirds o
g adults,
of
Califo s,
and
ifornian
d African
ns
an
s reside an
n Americans
nd
ns
d a m
s have
maj
ve
majority of
e considered
Lo
ed
Los Angele
d moving
ele
ng
les residen
g further
iden
er
dents, y
r Inland,
yo
d,
oung
, due
g
ue
a
to
dul
to
dults
the
s,
an he
rise
d
se
A
in
fr
in
rican Am
housing
m
ng
erica
costs
n
ts.
ns
.
have co
(Sources
on
es:
s
s
sidered movin
Longitudinal
ing
al
g fur
data
rt
ta
ther I
from
Inla
m
land,
PPIC
,
C
due to th
Statewide
he
rise in de
Surveys,
housin
, 2001
sin
01–
ing
–19
g
9)
cos
9).

This "Inland Migration" has been experienced by the City of Banning as seen through
nla
gh
land Migration M
development
n
nt
ha
of
has
of
s bee
f the
ee
he
en experie
Atwell
erie
ell
rienced b
project,
y
t,
y the C
which
Cit
ch
ity o
has
of
as
f Bannin
sold
nnin
ld
ning a
over
as
er
s see
one
en
through nethousanddevelopm e
d homes
o
es
opmen
since
nt o
ce
t of
e initial
the
a
the Atwell p
l construction
p
on
roj
in
oj
in
ject, whi
n March
w
ch
whi
h of
i
of
ch ha
f 2020
has

20. FISCAL IMPACT:

The fee waiver will have an impact (and reduction) to the City's General
ee
a
e waive
l Fund
ive
d
ver
in
r
in
wi
n the
ll
he
l have a
e amount
an
nt
n
of
i
o
mp
f at
p
a
pact (
t least
(a
st
an
$
nd
$20
r
0,
reducti
0,000
u

00. ctio
00 io
0,
on) to
, with
o
th
the
h the
e
he
City
e total
y s
Genera al
amount
a
nt
al Fund i
t realized
n
ed
n the am
d within
amo
in
mount
n Fiscal
o
al
of at
l Year
t
ar
least
r 2023
t
23/
$20,0
3/2024
00 24
000.
4 (by
0 by
00, w
y June
wit
ne
th
e 30
t
0,
th
0,
he tota
, 2023
ota
23),
al
amo ),
to
mou
the
nt
he
t realized w
Community
with
ty
ithin Fiscal Ye
y Development
Yea
nt
ar 2023/2024
t Department
24 nt –
(by June
Planning
30 ng
0, 2023)
Division
),
to the on
Budget
e C
et.
32 RECOMMENDATION:

Adoption Adopt on of Resolution 2024-32, a Resolution of the City Council of the City
opt
ty of
ti
of
ion of Resol
f Banning,
sol
g
solution 202
, California
02 ia
24 32, a Resolu
a Authorizing
solu
ng
olu
a
lution o
a Waiver
of
er
th
r of
he Cit
f Fees
ty
es
y C
s in
Counc
n the
nc
he
cil of th
e Amount
he
Cit nt
Not
ty
ot
y o
to
of
to
f Banning
o Exceed
n
ed
g
$
, C
20 Ca
20,
alifo
0,000
or
00 rnia
0 for
a
or
Authorizin
r Habitat
izin
atzingt-for
g
ora Waiverr-Humanity
o
ty
f
y of
F
of
Fees
f the
s
he
in t
e San
th
an
he Amoun
n Gorgonio
nt
Not io
Pass,
to Exceed
, Associated
$
ed
$20,0
d with
00 th
00 f
h the
fo
he
or Habitat
e Processing
f
ng
for
g of
H
a
Humanity o
a Tentative
of
ve
f the S
e Parcel
Sa
el
an G
l Map
Gor
ap
orgoni
(TPM)
io
Pass M)
on
ass,
n the
A
he
Associate s
e Three
iate
ee
ated wit
e Parcels
th
ls
th the Pr
s Located
roce
ed
oce
at
e
at
essin
t the
ng
he
g of a Tentat
e Southwest
tat
st
tative P
t Corner
Pa
er
arc
of
ce
of
el Ma
f West
ap
st
p (TPM
t Wilson
M)
on th on
Street
he
et
e Th
t and
hre
d
ree Parce
d North
a
th
rce
8 th
el
th
ls Locate
h Street
ate
et
ted
t in
d
in
d at
n the
t
he
the
e City
S
ty
Sou
y of
u
of
uthwest
f Banning
C
ng
Corner
g (APNs
r
Ns:
o
s
of W
: 540
Wes
40-
est
0-033
W
33-
Wilso
3-045
o
45;
on
-
Stree
046
ee
46;
et an
; and
n
nd
d
-
d No
-047
ort
47)
orth
7).

ALTERNATIVES:

1. Approve Approve the fee waiver request, but in a reduced amount to be determined
t
ed
he
by
fee
y the
e
he
e waive
e City
aive
ty
aiver re
y Council
eque
cil.

2. Do not approve the fee waiver request and provide alternative direction to Habitatapt-for
pro
orprove ther-Humanity
fee
ty.

3. Continue Continue the item and request that staff to provide additional research or information,
e
, as
i
as
tem and
s directed
req
d by
que
y
ques
y the
st
he
t tha
e City
a
ty
t staff t
y Council
to p
cil.
33 Thank you!
Staff is Available for Questions
Contact Information
Adam B. Rush, AICP
Community Development Director
[email protected]
34 CITY COUNCIL
REPORT OF OFFICERS NO. 8.5
FEBURARY 27, 2024
Consideration of Modifying the City of Banning's Public Hearing Notice Requirements for Development
Applications
SUGGESTED ACTION:

Discuss and Consider Modifications to the City of Banning's Public Hearing Notice Requirements for Development Applications, as specified by Chapter

17.68, and Provide Direction to the Community Development Director.

Exhibit C
35 BACKGROUND:

How does the City inform the public about proposed developments or proposed new uses? (CA Gov. Code 65090 – 65096)
The California Government Code requires public hearing notices be sent to all property owners within a 300-foot radius of a development site a minimum of ten (10) days prior to the hearing. Increased noticing to 1,200-feet is required when projects are adjacent to rural zones (R-A, R-A/H, R-R, R-R/H), located within the City (See 4th mapped example):
• The City meets the minimum distance of 300-feet (or 1,200-feet where it applies) for public hearing noticing.
• The City also provides a legal advertisement, in the Record Gazette, published approximately 12-days prior to the noticed public hearing. • The Record Gazette is the City’s Newspaper of Record.

BACKGROUND:

The City contacted 11 cities, only 6 responded, to determine what their public notification guidelines were:

City Name Pop(2021) Phone # Newspaper Mail to PO Website Banning 30,273 Yes Yes-300ft-10days
Norco 26,077 (951) 270-5661
Hemet 90,436 (951) 765-2375
Wildomar 37,189 (951) 677-7751 ext 203
Desert Hot Springs 32,716 (760) 329-6411 Yes Yes-300ft-10days Yes San Jacinto 55,290 (951) 487-7330 Yes Yes-300ft-10days Yes Calimesa 10,893 (909) 795-9801
La Quinta 38,181 (760) 777-7023 Yes Yes-500ft-10 days Yes Eastvale 71,375 (951) 703-4460 Yes Yes-300ft-14days Yes Yucaipa 54,739 (909) 797-2489 Yes Yes-300ft-14days Yes-GIS map Jurupa Valley 106,941 (951) 332-6464 ext 134
Palmdale 165,761 (626) 267-5200 Yes Yes & Tenants -500/700/1000ft-10/14days No Public Notice Process- Surrounding Cities
Desert Hot Springs
La Quinta
Eastvale
Yucaipa
Palmdale
San Jacinto
36 NOTICE TO PROPERTY OWNERS:
• Gov. Code 65091(4): Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing.
• Only the Owner of Record Receives Notice (Not the Tenant) EXPANDED NOTICE:

How does the City inform the public about proposed developments or proposed new uses?
• If number of real property owners exceeds 1,000, at least 10-days before the Public Hearing, the City is required to publish an 1/8-page display advertisement in the newspaper containing:
• Date, time, place hearing body, general explanation of matter, general description of the location of real property subject of hearing. • Notices are also mailed to persons who file a written request. • All public notices are available on the City’s website and bulletin board. 37 EXAMPLE OF 1/8-pg. AD:

OPTIONS:

What are Options for Additional Public Noticing?
• Increasing the notification radius: 600-ft; 1,200-feet, etc. • Expand the noticing to tenants, lessees, renters, etc. (including the owners of mobile units and/or their lots).
• Require posting of a 4’ x 8’ sign on the property, no less than 10- days prior to the public hearing (consistent with the mailed notice/legal advertisement).
• Increase the minimum timeframe prior to a public hearing (15- days, 20-days, 30-days (max)).
38 300-FOOT BUFFER:

A 300-foot
buffer, from
the example
site includes
notice to
approximatel
y 30-property
owners.
600-FOOT BUFFER:

A 600-foot
buffer, from
the example
site includes
notice to
approximately
74-property
owners.
39 1,200-FOOT BUFFER:

A 1,200-foot
buffer, from
the example
site includes
notice to
approximately
382-property
owners.

RURAL 1,200-FOOT BUFFER:

A 1,200-foot
buffer, from
the example
site includes
notice to
approximately
15-property
owners.
40 EX. PUBLIC NOTICE:

NOTIFICATION TO TENANTS:

What are Options for Incorporating Tenants, Lessees, Renters?:
• Pros: Increases Transparency/increases public participation • Cons: Increases costs borne by the Applicant/Ability to Access List of Tenants
• A list of residential tenants is not publicly available, from a reliable source to be used by a Public Agency.
• The City currently uses Infosend® Fair Housing Regs prevent disclosure of some information, within the Admin/Public Record. • Likely will need to purchase a database
41 ON-SITE SIGNAGE:

Require posting of a 4’ x 8’ sign on the property, no less than 10-days prior to the public hearing (consistent with the mailed notice/legal advertisement).

SIGNAGE (cont’d):
42 For Example Purposes Only

1. SIZE: Dimensions shall be 4’ x 8’ (see Figure 1).

2. HEIGHT: Sign shall be six feet in height (see Figure 1).

3. MATERIALS: ½ inch plywood (minimum). Sign shall be constructed with 4” x 4” supporting posts placed at a minimum depth of 2’ with 2” x 4” cross supports as shown in the diagram.

4. LOCATION: A minimum of 5’ inside the property line in residential zones and a minimum of 1’ inside the property line in commercial and industrial zones. The sign shall be located in the area most visible to the public on the project site.

5. COLOR: Background color varies (Cyan, Blue, Green, Lavender, Orange, Red) with black lettering

6. LETTERING: Shall be block style.

7. LIGHTING: Shall NOT be illuminated.

8. INFORMATION: Sign shall include ONLY the information provided by the assigned planner.

SIGNAGE (cont’d):

1. Sign shall be posted a minimum of 10 days prior to the hearing date. It shall be the responsibility of the applicant to contact the Planning Division to obtain the appropriate date and time.

2. Hearing date on the sign shall be changed for Commission items which are continued or are to be heard by the City Council including, but not limited to, Zone Changes, General Plan Amendments, Specific Plans, and appealed items.

Said date shall be changed a minimum of 11 days prior to the hearing.

3. Sign shall be removed within 14 days following the Planning Commission hearing date or IMMEDIATELY following final City Council action. It is recommended that the cost of sign removal be included in a sign contract with the sign company.

SIGNAGE (cont’d):
43 INCREASING NOTICED TIMEFRAMES:

Increase the minimum timeframe prior to a public hearing:
• (15-days, 20-days, 30-days (max)).

Pros: Increased time to review and comment on projects
Cons: Require longer “lead times” for entitlement scheduling (potential delays)
JUSTIFICATION:
• Intent and purpose. It is the intent of this discussion is to enhance the City’s Community Engagement Plan, increase transparency with the public, and provide more opportunities for public input, discourse, and participation. The intended purpose of requiring developers to present and engage in a public outreach during the entitlement process is to address potential issues of concerns with the public prior to an approval of their Project. • Scope of regulations. The updated Ordinance Provisions that result from any Council direction received shall be applied to establish policies related the City’s Public Notice and Hearing Procedures.
44 FISCAL IMPACTS:

At the time that an Ordinance is considered by the Council, another public hearing will occur and the Introduction of the First Reading, and then the Second Reading is required. This process will require the support of City Staff (namely the Community Development Department, Deputy City Clerk, City Attorney, and City Manager).

While a specific dollar amount is unknown at this time, preliminary estimates are calculated at approximately:
• $5,000 to $12,500 in Legal Costs; and
• $7,500 to $15,000 in total Staff Support Costs
The anticipated timeframe for this entire process is approximately six (6) to eight (8) months.

Both the costs and timeframe are widely subject to change, based upon the degree and complexity of input requested by the City Council and Planning Commission.

Estimate Only!!!
SUGGESTED ACTION:

Discuss and Consider Modifications to the City of Banning's Public Hearing Notice Requirements for Development Applications, as specified by Chapter 17.68, and Provide Direction to the Community Development Director.
45 ALTERNATIVES:

1. Provide direction to staff regarding additional research, but delay initiation of the amendment.

2. Continue this item off calendar and without discussion.

Thank you!
Staff is Available for Questions
Contact Information
Adam B. Rush, AICP
Community Development Director
(951) 922-3131
[email protected]
46 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Stephanie Sirls, Transit Manager
Art Vela, Director of Public Works
MEETING DATE: March 12, 2024
SUBJECT: Consideration of Resolution 2024-43, Authorizing the Purchase of Three Chevy Bolts from Jessup Auto Plaza in the amount of $99,091.79 and establishing a total budget of $104,046.38 as included in the City’s Short Range Transit Plan
RECOMMENDATION:

Adopt Resolution 2024-43.

BACKGROUND:

The City of Banning, under the management of the Department of Public Works, owns and operates the Banning Connect Transit System which includes the operation of Fixed-Route services that serve between Banning and Cabazon. Additionally, the Dial-A-Ride division offers curb-to-curb transit services to elderly and disabled citizens residing within the City of Banning.

In support of transit field operations, and to maintain safe and reliable services, staff is seeking authority to purchase three transit support vehicles as there is a need to replace vehicles that are operating beyond their useful life.

In order to establish costs, staff reached out to three vendors. Estimates were obtained as shown in the attachments. The 2023 Chevy Bolt at Jessup Auto Plaza came in as the lowest cost option at $31,575.95, however they only had an inventory of two vehicles available at that price. A similar model, and the next best price option was $35,939.89, also a Chevy Bolt at Jessup Auto Plaza. In aggregate, for three transit support vehicles, Jessup Auto Plaza’s estimate came in at $99,091.79 which is 5% lower than the next lowest option. Including a 5% contingency, staff is requesting authority to spend a total amount of $104,046.38 on transit support vehicles to ensure minimal impact to operations and to provide and maintain efficient, safe and reliable transit services.

Vendor Aggregate Cost for Three Vehicles
Jessup $99,091.79
Diamond Hills $104,628.27
Moss Bros. $106,506.00
47 JUSTIFICATION:

The purchase of three transit support vehicles is necessary in order to support transit field operations and continue to provide essential transportation services in a reliable and safe manner. Due to limited availability, this purchase will be handled as a sole source as 2023 model vehicle inventory is very low and only available at dealerships while new vehicle orders for Chevy Bolts will not open until 2025.

Furthermore, the three replacement vehicles will be 100% Battery Electric, thus replacing older Internal Combustion Engines.

The vehicles that are scheduled to be replaced are two (2) 2001 Ford Rangers approaching 100,00 miles and one (1) 2010 Ford Ranger with 125,000 miles.

All vehicle purchases described in this report will be in unison with purchasing staff and consistent with the City’s purchasing policies.

FISCAL IMPACT:

The expense is included as part of the City’s Short Range Transit Plan and State Transit Assistance (STA) funding will be made available, as reimbursement, by the Riverside County Transportation Commission to cover the full amount of the purchases.

Account No. 610-5800-434.90-51 (Automobile Equipment) will be utilized to fund the purchase of the vehicles and currently has an available balance of $950,000.

ALTERNATIVES:

Do not approve Resolution 2024-43, which will require that the existing aging fleet be kept in operation, which will lead to continued higher costs for operation and maintenance of the vehicles and to interruption in the vehicles use when downed for repairs.

ATTACHMENTS:

1. Resolution 2024-43, Transit Vehicles.docx

2. Sole Source Vendor Form.pdf

3. FY2024 Short Range Transit Plan Table 4.0.pdf

3. JESSUP Quotes 1 and 2.docx

5. Diamond Valley Quote.jpg

6. Moss Bros Quote.docx
48 Resolution 2024-43

RESOLUTION 2024-43

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

AUTHORIZING THE PURCHASE OF THREE CHEVY BOLTS FROM JESSUP AUTO PLAZA IN THE AMOUNT OF $99,091.79 AND ESTABLISHING A TOTAL BUDGET OF $104,046.38 AS INCLUDED IN THE CITY’S SHORT RANGE TRANSIT PLAN
WHEREAS, the City of Banning operates the Banning Connect Transit System, providing Fixed-Route services and Dial-A-Ride services to the residents; and WHEREAS, the Department of Public Works has identified the need to replace three transit support vehicles that have exceeded their useful life; and WHEREAS, staff has obtained estimates from three vendors, with Jessup Auto Plaza offering the lowest cost option for three 2023 Chevy Bolts; and WHEREAS, the total cost for three transit support vehicles from Jessup Auto Plaza, including a 5% contingency, is $104,046.38; and
WHEREAS, pre-approval from the City Council is required to secure vehicle ordering slots and ensure availability; and
WHEREAS, the funding for these purchases will be provided as a State Transit Assistance (STA) reimbursement as part of the City's Short Range Transit Plan.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council approves Resolution 2024-42 authorizing the purchase of three transit support vehicles fully funded with State Transit Assistance (STA).

SECTION 2. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.

SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 12th day of March 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
49 Resolution 2024-43

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita R. Young, City Attorney
Richards, Watson & Gershon
50 Resolution 2024-43

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-43, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 12th day of March 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
51 3/12/24 5800 951-922-3269
Stephanie Sirls
JessUp Auto Plaza
68111 E. Palm Canyon Dr., Cathedral City, CA 92234 760-459-7259 x
52 x
2023 Chevrolet Bolt EV and EUV
68111 E. Palm Canyon Dr., Cathedral City, CA 92234
Lack of inventory availability if normal bid process is followed.

Approve sole source purchase
Transit support vehicles will continue to be used far beyond their useful life which is a safety concern as well as the consumption of staff resources. The City would also risk compromising service levels due to faulty and unreliable equipment.
53 ATTACH TO THE SOLE SOURCE FORM
DETAILED JUSTIFICATION FOR SOLE SOURCE:
(widen text boxes as necessary)
The requestor shall clearly provide:
a. A detailed description of the type of contract to be established; b. A detailed description ofservices and/or commodities to be provided by the vendor; c. An explanation of why the recommended vendor is the only one capable of providing the required services and/or commodities and include back-up information to support the justification; The purchase of three transit support vehicles from JessUp Auto Plaza using State Transit Assistance funding up to $104,046.38. In aggregate, the cost of the vehicles is $99,091.79. Including a 5% contingency, the not-to-exceed amount is $104,046.38.

See the attached vehicle(s) description.

Support vehicle inventory is fluid in pricing and stock and demonstrates continued problematic procurements due to vehicle supply chain issues. Several sources were attempted to include Moss Bros., Tom Bell, Enterprise, Diamond Valley, and JessUp. Three quotes were obtained from Moss Bros., Diamond Valley and JessUp for vehicle comparables. JessUp Auto Plaza was deemed the lowest priced and highest value to the City.
54 d. The identity of other sources that have been contacted and explain in detail why they cannot fulfill the City’s requirements;
e. An explanation of how the recommended vendor’s prices or fees compare to the general market and attach quotes for comparable services and supplies, if available (limited competition); f. An explanation of how the City would accomplish this particular task if the recommended vendor could not provide the product or service.

Several sources were attempted to include Moss Bros., Tom Bell, Enterprise, Diamond Valley, and JessUp. These vehicles were either out of stock or bought out before the City could solidify an offer. In the space of sending an email, the vehicles are sold to another entity or individual and the purchase of a vehicle is substantially a seller’s market. Three firm quotes were obtained from Moss Bros., Diamond Valley and JessUp for vehicle comparables.

Several sources were attempted to include Moss Bros., Tom Bell, Enterprise, Diamond Valley, and JessUp. Several emails were sent out to obtain a quote that ranged from $31,575.95 to over $35,502. Three firm quotes were from Moss Bros., Diamond Valley and JessUp for vehicle comparables..

The City would continue to have transit staff drive older vehicles with high mileage and limited reliability which would affect the ability to provides safe and reliable services. The City would also risk compromising service levels due to faulty and unreliable equipment. 55 Note: Valid Sole Source justification requires strong technological or strong programmatic justifications 56 Table 4.0 - Summary of Funding Requests - FY 2023/24 City of Banning
Original
Operating
Project Total Amount FARE LCTOP OB LTF OTHR LCL SGR PUC99313 SGR PUC99314 STA PUC99313 STA PUC99314 of Funds
Operating Assistance - Prev. Maint. $90,000 $47,787 $2,213 $40,000 Operating Assistance (BUS) (FY 2023/24) $1,862,966 $68,938 $50,000 $1,676,670 $67,358 Operating Assistance (DAR) (FY 2023/24) $176,435 $7,162 $162,401 $6,872 Sub-total Operating $2,129,401 $76,100 $50,000 $1,839,071 $74,230 $47,787 $2,213 $40,000 $0 Capital
Project Total Amount FARE LCTOP OB LTF OTHR LCL SGR PUC99313 SGR PUC99314 STA PUC99313 STA PUC99314 of Funds
Bus Replacement - 24-01 $850,000 $850,000
Bus Stop Improvements and Transit Advertising -
24-04
$50,000 $28,804 $21,196
CNG Rehabilitation - 24-03 $1,000,000 $1,000,000
Comprehensive Operating and Capital Needs
Analysis - 24-06
$300,000 $300,000
Maintenance and Operations Facility Improvements
- 24-02
$500,000 $500,000
Transit Bus Wrapping Program - 24-05 $100,000 $100,000
Sub-total Capital $2,800,000 $0 $0 $0 $0 $0 $0 $2,778,804 $21,196 Total Operating & Capital $4,929,401 $76,100 $50,000 $1,839,071 $74,230 $47,787 $2,213 $2,818,804 $21,196 FY 2023/24 Projected Funding Details
FARE $76,100
LCTOP OB $50,000
LTF $1,839,071
OTHR LCL $74,230
SGR PUC99313 $47,787
SGR PUC99314 $2,213
STA PUC99313 $40,000
Total Estimated Operating Funding Request $2,129,401
STA PUC99313 $2,778,804
STA PUC99314 $21,196
Total Estimated Capital Funding Request $2,800,000
Total Funding Request $4,929,401
TransTrack Manager™ Page 1 of 1
6/12/2023 18:17:28 ET 57
Quote 1
Quote 2
58 59
Your Custom 2023 Chevrolet Bolt EUV Quote
Your Price: $35,502
60 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Adam Rush, Community Development Director
MEETING DATE: March 12, 2024
SUBJECT: Consideration of Resolution 2024-46, Approving Amendment No. 6 to a Professional Services Agreement (C00641) with Nobel Systems Inc. for ArcGIS and API Online Services
RECOMMENDATION:

Adopt Resolution 2024-46.

BACKGROUND:

On March 19, 2020, the City and Nobel Systems, Inc. (“Service Provider”) entered into an Agreement to provide ArcGIS Online API (“Agreement”) to the Community Development whereby the Service Provider agreed to provide third-party hosted geographic information systems services (“ArcGIS Online API”) for the City’s Smart Gov Permitting Application in the amount of Fourteen Thousand Six Hundred Dollars ($14,600.00).

On May 25, 2021, the City and Service Provider amended the Agreement to exercise the option to extend the Agreement for an additional one-year term, ending on March 18, 2022, and to include additional compensation for the extended contract term in an amount not to exceed Eight Thousand Four Hundred Dollars ($8,400.00), for a total of Twenty-Three Thousand Dollars ($23,000) (“Amendment No. 1”).

On August 31, 2021, City and Service Provider amended the Agreement to increase the additional compensation for the extended contract term approved under Amendment No. 1 in an amount not to exceed Ten Thousand Dollars ($10,000.00), for a total of Thirty-Three Thousand Dollars ($33,000.00) (“Amendment No. 2”).

On February 26, 2022, City and Service Provider amended the Agreement to increase the additional compensation for the extended contract term approved under Amendment No. 1 in an amount not to exceed Ten Thousand Dollars ($10,000.00), for a total of Forty-Three Thousand Dollars ($43,000.00) (“Amendment No. 3”).

On July 26, 2022, City and Service Provider amended the Agreement to exercise the option to extend the Agreement for an additional one-year term, ending on March 18, 2023, and to include additional compensation for the extended contract term in an amount not to exceed Twenty Thousand Dollars ($20,000.00) for a total of Sixty-Three Thousand Dollars ($63,000.00) (“Amendment No. 4”).

On February 21, 2023, City and Service Provider amended the Agreement to exercise the option to extend the Agreement for an additional one-year term, ending on March 18, 2023, and to include additional compensation for the extended contract term in an amount not to exceed Thirty-Two 61 Thousand Six Hundred Dollars ($32,600.00), for a total of Ninety-Five Thousand Six Hundred Dollars ($95,600.00). (“Amendment No. 5”).

On February 27, 2024, City staff presented a proposed amendment to the Agreement that would extend the term of the Agreement through March 18, 2025, and increase the total Contract Sum by $32,600 to $128,200. Following the Council's discussion of the proposed amendment, the City Council directed staff to revise the terms of the proposed amendment to shorten the term of the Agreement and modify the additional compensation to align with a parallel effort to migrate the SmartGov Parcel Connector Data from the Service Provider to ESRI Corporation.

On February 28, 2024, Planning Division Staff held a meeting with ESRI to review and outline a Scope of Work to transition this data. It is anticipated that ESRI can begin supporting the SmartGov data within a 90-day time frame, subject to City Council Approval on a subsequent item.

As such, the staff and the Service Provider have agreed to a shortened extend term expiring on June 30, 2024 (rather than March 18, 2025) and an additional compensation amount of $22,600 (reduced from $32,600 proposed on February 227, 2024).

City and Service Provider now desire to amend the Agreement in accordance with Resolution 2024-35 to include additional compensation for GIS Services for the extended contract term in an amount not to exceed of Twenty-Two Thousand Six Hundred Dollars ($22,600.00), for a total of One Hundred Eighteen Thousand Two Hundred Dollars ($118,200.00).

JUSTIFICATION:

The Community Development Department launched the SmartGov® online permitting platform in May of 2023. The City utilizes Nobel Systems, Inc. for Geographic Information Services (GIS); however, this platform is not compatible with the SmartGov permitting system. As such, the City is required to contract separately with Nobel to "host" the ArcGIS data, in an ESRI compatible format, which integrates directly with the SmartGov. platform.

In an effort to reduce future costs, staff is currently negotiating directly with ESRI to transfer this hosting to a cloud-based platform which Planning staff will have direct access to update internally, rather than relying in a third party vendor. The timeframe for this change is approximately six-months.

FISCAL IMPACT:

The Community Development Department's operational budget will fund the requested increase, Account No. 001-2800-441.33-11 (Professional Services):

Year Estimated Amount
2023/2024 $22,600 (in mid-year budget item)
ALTERNATIVES:

1. Adopt Resolution 2024-46, as recommended.

2. Adopt Resolution 2024-46, with modifications.

3. Do not adopt Resolution 2024-46 and provide alternative direction to staff.

ATTACHMENTS:

1. Resolution 2024-46, Nobel Systems Amendment.docx

2. Nobel_Amendment_No._6v.2.docx
62 Resolution 2024-46

RESOLUTION 2024-46

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

APPROVING THE SIXTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (C00641) WITH NOBEL SYSTEMS, INC. FOR GEOGRAPHICAL INFORMATION SYSTEM (GIS) SERVICES
WHEREAS, on March 26, 2019, the City Council approved a Professional Services Agreement with Nobel Systems, Inc. (“Consultant”) in an amount not to exceed Fourteen Thousand and Six Hundred Dollars ($14,600) to provide ArcGIS Online API Services for the City’s Smart Gov Permitting Application (the “Agreement”); and WHEREAS, on May 25, 2021, the City Council amended the Agreement to exercise the option to extend the Agreement for an additional one-year term (expiring on March 18, 2022), and to include additional compensation for the extended contract term in an amount not to exceed Eight Thousand and Four Hundred Dollars ($8,400), for a total compensation of Twenty-Three Thousand Dollars ($23,000); and
WHEREAS, on August 24, 2021, the City Council authorized an increase in compensation for services in an amount that shall not exceed Ten Thousand Dollars ($10,000), for a total compensation of Thirty-Three Thousand Dollars ($33,000); and WHEREAS, on January 11, 2022, the City Council authorized an increase in compensation for services in an amount that shall not exceed Ten Thousand Dollars ($10,000), for a total compensation of Forty-Three Thousand Dollars ($43,000); and WHEREAS, on June 28, 2022, the City Council authorized an increase in compensation for services in an amount that shall not exceed Twenty Thousand Dollars ($20,000) for a total compensation of Sixty-Three Thousand Dollars ($63,000); and WHEREAS, on January 24, 2023, the City Council authorized an increase in compensation for services in an amount that shall not exceed Thirty-Two Thousand and Six Hundred Dollars ($32,600) for a total compensation of Ninety-Five Thousand and Six Hundred Dollars ($95,600); and
WHEREAS, the City and Consultant now desire to amend the Agreement to include additional compensation in the amount of Twenty-Two Thousand and Six-Hundred Dollars ($22,600), for a total compensation of One Hundred and Eighteen Thousand and Two Hundred Dollars ($118,200).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The Banning City Council approves Amendment No. 6 to the Agreement, attached as Exhibit “A,” in an amount not-to-exceed One Hundred and Eighteen Thousand and Two Hundred Dollars ($118,200) for ArcGIS and API Services in the City of Banning for Fiscal Year 2023/2024.
63 Resolution 2024-46

SECTION 2. The City Manager or his designee is authorized to make necessary budget adjustments, appropriations and transfers related to this services agreement.

SECTION 3. The City Council authorizes the City Manager to make necessary non-substantive changes to and execute Amendment No. 6 to the Agreement with Nobel Systems, Inc. on behalf of the City Council.

SECTION 4. The City Clerk shall certify to the adoption of this Resolution and shall cause a certified Resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 12th day of March 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
64 Resolution 2024-46

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-46, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 12th day of March 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
65 Resolution 2024-46

EXHIBIT A
Amendment No. 6 to the Professional Services Agreement with Nobel Systems 66 AMENDMENT NO. 6 TO C00641 ARCGIS ONLINE API AGREEMENT -

COMMUNITY DEVELOPMENT FOR ARCGIS ONLINE API BY AND
BETWEEN CITY OF BANNING AND NOBEL SYSTEMS, INC.

THIS AMENDMENT NO. 6 TO THE C00641 ARCGIS ONLINE API
AGREEMENT (“Amendment No. 6”) by and between the CITY OF BANNING (“City”) and NOBEL SYSTEMS, INC., a California corporation (“Service Provider”) is effective as of this day: _______________________.

RECITALS
A. City and Service Provider entered into that certain C00641 ArcGIS Online API Agreement - Community Development dated March 19, 2020 (“Agreement”) whereby Service Provider agreed to provide third-party hosted geographic information systems services (“ArcGIS Online API”) for the City’s Smart Gov Permitting Application in the amount of Fourteen Thousand Six Hundred Dollars ($14,600.00).

B. On May 25, 2021, City and Service Provider amended the Agreement to exercise the option to extend the Agreement for an additional one-year term, ending on March 18, 2022, and to include additional compensation for the extended contract term in an amount not to exceed Eight Thousand Four Hundred Dollars ($8,400.00), for a total of Twenty-Three Thousand Dollars ($23,000) (“Amendment No. 1”).

C. On August 31, 2021, City and Service Provider amended the Agreement to increase the additional compensation for the extended contract term approved under Amendment No. 1 in an amount not to exceed Ten Thousand Dollars ($10,000.00), for a total of Thirty-Three Thousand Dollars ($33,000.00) (“Amendment No. 2”).

D. On February 26, 2022, City and Service Provider amended the Agreement to increase the additional compensation for the extended contract term approved under Amendment No. 1 in an amount not to exceed Ten Thousand Dollars ($10,000.00), for a total of Forty-Three Thousand Dollars ($43,000.00) (“Amendment No. 3”).

E. On July 26, 2022, City and Service Provider amended the Agreement to exercise the option to extend the Agreement for an additional one-year term, ending on March 18, 2023, and to include additional compensation for the extended contract term in an amount not to exceed Twenty Thousand Dollars ($20,000.00) for a total of Sixty-Three Thousand Dollars ($63,000.00) (“Amendment No. 4”).

F. On February 21, 2023, City and Service Provider amended the Agreement to exercise the option to extend the Agreement for an additional one-year term, ending on March 18, 2023, and to include additional compensation for the extended contract term in an amount not to exceed Thirty-Two Thousand Six Hundred Dollars ($32,600.00), for a total of Ninety-Five Thousand Six Hundred Dollars ($95,600.00). (“Amendment No. 5”). 67 G. City and Service Provider now desire to amend the Agreement in accordance with Resolution 2024-35 to extend the term of the Agreement and include additional compensation for GIS Services for the extended contract term in an amount not to exceed of Twenty-Two Thousand Six Hundred Dollars ($22,600.00), for a total of One Hundred -Eighteen Thousand Two Hundred Dollars ($118,200.00).

TERMS

1. Contract Changes. The Agreement is amended as provided herein. (a) Section 6 (“Fees; Billing”) of the Agreement is amended to read as follows:
“City shall be responsible for and shall pay to Service Provider the amount of One Hundred -Eighteen Thousand Two Hundred Dollars ($118,200.00) for the Initial Term and Renewal Terms of this Agreement, subject to the terms and conditions contained in this Agreement. Any sum due Service Provider for the Services for which payment is not otherwise specified shall be due and payable thirty (30) business days after receipt by City of an invoice from Service Provider.” (b) Section 5.1 (“Term”) is hereby extended for one renewal term through June 30, 2024, unless sooner terminated or extended as provided in the Agreement.

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 6, all provisions of the Agreement, as amended by Amendment Nos. 1 through 5, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 6, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 6. In the event of a conflict between the provisions of this Amendment No. 6 and the provisions of the Agreement or Amendments Nos. 1 through 5, the provisions of this Amendment No. 6 shall control.

3. Affirmation of Agreement; Warranty Regarding Absence of Defaults. City and Service Provider each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Service Provider represents and warrants to City that, as of the date of this Amendment No. 6, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Service Provider that, as of the date of this Amendment No. 6, Service Provider is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
68 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 6.

5. Authority. The persons executing this Amendment No. 6 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 6 on behalf of said party, (iii) by so executing this Amendment No. 6 , such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Amendment No. 6 does not violate any provision of any other Agreement to which said party is bound.

6. Electronic Signatures. Each Party may adopt an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
69 IN WITNESS WHEREOF the Parties hereto have executed this Amendment No. 6 to the Agreement the day and year first hereinabove written.

CITY OF BANNING SERVICE PROVIDER
Douglas Schulze, Date
City Manager
NAME: Date
TITLE:

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Deputy City Clerk
Address:

APPROVED AS TO FORM:

Richards, Watson & Gershon
City Council Approval: _____________
Serita R. Young, Esq., Date
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,

ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE PROVIDER’S BUSINESS ENTITY.
70 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Adam Rush, Community Development Director
MEETING DATE: March 12, 2024
SUBJECT: Consideration of Resolution 2024-47, Approving an Amendment to the ARC Document Solutions Purchase Order (PO 31887) to Increase the Amount by $3,939.60 for a Total of $28,434.60
RECOMMENDATION:

Adopt Resolution 2024-47.

BACKGROUND:

ARC Document Solutions (“ARC”) has completed digitization and indexing services for collection of historical and archived hard copies of Planning Division entitlement projects, site plans, tentative maps, General Plan and Specific Plan documents, any many more document types.

ARC provided Data Capture and File Indexing based upon the Planning Division organization procedures. ARC scanned all documents in a high resolution format (600 dpi or greater) along with AutoColor PDF image capture. All documents were converted to a searchable PDF (OCR) format.

The City Manager entered into an agreement with ARC (on or about August 25, 2022) in the amount of $24,495, which is under his authorized Signature Authority.

During the document preparation, ARC informed the City that the contents of older files were in a highly disorganized state (e.g., non-standard paper size such as legal size mixed in with standard letter size, multiple staples, paperclips, and binder clips and redundant copies of large-format site plans interspersed with standard paper sizes). As such, additional labors hours were necessary.

Based upon the state of these documents, and the need to establish a clear long-term archive, the City agreed to the additional costs of $3,939.60. The current Purchase Order is limited by the City Manager’s Authority of $25,000 and the additional costs exceed 10% of the total contract amount ($2,449.50). As such, an increase to the Purchase Order is requested to cover these costs.

JUSTIFICATION:

The additional labor hours are justifiable as the Planning Division documents and files have been stored in various locations within City Hall, they have been added to over the past decade without the opportunity to conduct periodic purges. In addition, Planning Division staff has historically lacked adequate floor space that provides sufficient area to store these files in an organized manner.

FISCAL IMPACT:
71 The fiscal impact of this action is an increase the existing purchase order in the amount of $3,939.60 to be paid from existing budget in account 001-2800-441.23-02.

ALTERNATIVES:

Without this increase to the current purchase order the City is unable to complete our file archiving project, which is necessary to support the transition to a 100% digital environment.

ATTACHMENTS:

1. Resolution 2024-47, ARC Document Solutions.docx

2. ARC Document Solutions Estimate [SIGNED] Copy.pdf

3. PO 031887 ARC DOCUMENT SOLUTIONS.pdf

4. PAST DUE INV. (57402).pdf
72 Resolution 2024-47

RESOLUTION 2024-47

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

APPROVING AN AMENDMENT TO ARC DOCUMENT SOLUTIONS PURCHASE ORDER (PO 31887) TO INCREASE THE AMOUNT BY $3,939.60 FOR A TOTAL OF $28,434.60 WHEREAS, ARC Document Solutions (“ARC”) provides digitization and indexing services for collection of historical and archived hard copies of Planning Division entitlement projects, site plans, tentative maps, General Plan and Specific Plan documents, and other Planning Division files and records; and
WHEREAS, the current Purchase Order (31887) for this archiving project was executed under the City Manager’s Signature Authority ($25,000) in an amount not-to-exceed $24,495; and WHEREAS, City staff was informed during the document preparation process, that the contents of older files were in a highly disorganized state (e.g., non-standard paper size such as legal size mixed in with standard letter size, multiple staples, paperclips, and binder clips and redundant copies of large-format site plans interspersed with standard paper sizes). As such, additional labors hours were necessary; and
WHEREAS, the fiscal impact of the Council’s adoption of this Resolution is an increase to Purchase Order 31887 by $3,939.60 to be paid from Account 001-2800-441.23-02.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council approves an amendment to Purchase Order 31887 with ARC to increase the purchase order amount by $3,939.60 for a total of $28,434.60.

SECTION 2. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.

SECTION 3. The City Clerk shall certify the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 12th day of March 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
73 Resolution 2024-47

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita R. Young, City Attorney
Richards, Watson & Gershon
74 Resolution 2024-47

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-47, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 12th day of March 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
75 76
77 78
79 VENDOR #: 8082
VENDOR NAME: ARC DOCUMENT SOLUTIONS SHIP TO: COMMUNITY DEVELOPMENT VENDOR ADDRESS: 345 CLINTON ST. 99 E RAMSEY ST
PO BOX 998
BANNING, CA 92220
VENDOR PHONE: (949)660-1150
VENDOR FAX: ( ) -
Our P.O. # MUST Appear on ALL Invoices, Packages and Correspondence DELIVER BY REQUISITION # REQUISITION DATE CONFIRMED BY
06/30/2023 0000028357 09/29/2022 TAM NGUYEN

FOB ACCOUNT NUMBER AUTHORIZED BY
00128004412302 TISHA JACOBS
ITEM
#

QUANTITY/
UNIT

DESCRIPTION

ARTICLE OR SERVICE
UNIT
COST

EXTENDED
COST

PURCHASE ORDER
PRINT DATE: 9/29/2022
City of Banning
Purchasing Division
P: (951) 922-3129
[email protected]

PURCHASE
ORDER NO.
031887
Type: P

1 24,495.00 /
EA

ARCHIVING INFOMATION MANAGEMENT SERVICES

1.0000

24,495.00

Y

PRICING PER PROPOSAL AUGUST 25, 2022

SIGNED BY

CITY MANAGER
Send Original Invoice to:

FINANCE DEPARTMENT
99 E RAMSEY ST
PO BOX 998
BANNING, CA 92220
TOTAL PURCHASE AMOUNT $24,495.00
AUTHORIZED SIGNATURE _______________________
VENDOR ACKNOWLEDGEMENT _____________________
RECEIVED BY _______________________
APPROVED FOR PAYMENT BY ______________________
80 VENDOR #: 8082
VENDOR NAME: ARC DOCUMENT SOLUTIONS SHIP TO: COMMUNITY DEVELOPMENT VENDOR ADDRESS: 345 CLINTON ST. 99 E RAMSEY ST
PO BOX 998
BANNING, CA 92220
VENDOR PHONE: (949)660-1150
VENDOR FAX: ( ) -
Our P.O. # MUST Appear on ALL Invoices, Packages and Correspondence DELIVER BY REQUISITION # REQUISITION DATE CONFIRMED BY
06/30/2023 0000028357 09/29/2022 TAM NGUYEN

FOB ACCOUNT NUMBER AUTHORIZED BY
00128004412302 TISHA JACOBS
ITEM
#

QUANTITY/
UNIT

DESCRIPTION

ARTICLE OR SERVICE
UNIT
COST

EXTENDED
COST

PURCHASE ORDER
PRINT DATE: 9/29/2022
City of Banning
Purchasing Division
P: (951) 922-3129
[email protected]

PURCHASE
ORDER NO.
031887
Type: P
81 VENDOR #: 8082
VENDOR NAME: ARC DOCUMENT SOLUTIONS SHIP TO: COMMUNITY DEVELOPMENT VENDOR ADDRESS: 345 CLINTON ST. 99 E RAMSEY ST
PO BOX 998
BANNING, CA 92220
VENDOR PHONE: (949)660-1150
VENDOR FAX: ( ) -
Our P.O. # MUST Appear on ALL Invoices, Packages and Correspondence DELIVER BY REQUISITION # REQUISITION DATE CONFIRMED BY
06/30/2023 0000028357 09/29/2022 TAM NGUYEN

FOB ACCOUNT NUMBER AUTHORIZED BY
00128004412302 TISHA JACOBS
ITEM
#

QUANTITY/
UNIT

DESCRIPTION

ARTICLE OR SERVICE
UNIT
COST

EXTENDED
COST

PURCHASE ORDER
PRINT DATE: 9/29/2022
City of Banning
Purchasing Division
P: (951) 922-3129
[email protected]

PURCHASE
ORDER NO.
031887
Type: P
82 SOLD TO:

SHIP TO:

JOB DUE:

CONTACT PHONE PURCHASE ORDER# SALES REP
JOB# JOB NAME BILLER LOC
OP CODE DESCRIPTION NO. OF

ORIGINALS COPIES SIZE TOTAL

UNITS UM UNITPRICE AMOUNT

SUB TOTAL DISCOUNT SALES TAX TOTAL DEPOSIT BALANCE DUE
TERMS:

INVOICE NO. 12146625
ARC Document Solutions, LLC
345 Clinton St. INVOICE DATE 06/26/23
Costa Mesa, CA 92626
Federal Tax ID: 74-6036592 WORK ORDER# P4722156A
Cust# 572402
Cust# 572402 City of Banning
City of Banning 99 E. Ramsey Street
99 E. Ramsey Street Banning, CA 92220
Banning, CA 92220
06/26/23 at 04:27PM Our Vehicle
ADAM RUSH/City of Banning 951-922-3151 Andrew Sarmiento Archive Scanning 2 of 2 Joe Vazquez 210001
9108.03N AIM - Scanning Small Format (non taxable) 165233 1 165233 EA 0.00 Small Format Color Imaging
9103.01N Aim Indexing-Data Extraction (non taxable) 1192 1 1192 EA 0.00 Indexing - File Naming
9108.03N AIM - Scanning Small Format (non taxable) 169737 1 169737 EA 0.00 OCR
9109.01N AIM - Labor fees (non taxable) 165233 1 165233 EA 3304.66 Document Prep Labor
9108.01N AIM - Scanning (non-taxable) 4504 1 4504 EA 0.00 Plan Sheet Imaging – B&W
9109.01N AIM - Labor fees (non taxable) 2 1 2 EA 170.00 Onsite Retrieval Prep
5200.01 P&D 1 1 92220 1 EA 418.50
Document Transportation - Pickup (93
BOXES)
6131 File Transfer 1 1 1 EA 0.00
32 GB Drive with Data .
5205 Fuel Surcharge 2 1 2 EA 13.00
1921.17 BOOKMARK 30000 1 30000 EA 0.00
PDF Bookmarks
_ Please mail payments to our NEW remit
address: PO Box 511580 Los Angeles, CA
90051-8135 Thank you
For Billing Inquiries, please contact your local branch at 949-660-1150 For Account Inquiries and Payment Information, please call Nancy Korff at 626-463-2231 3906.16 33.44 3939.60 3939.60
Invoices undisputed for 45 days are final.

Net 30 Days 5124419
Remit To: ARC Document Solutions, LLC PO Box 511580 Los Angeles, CA 90051-8135 NK
83 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Barbara Mason, Purchasing Manager
Derek Thesier, Acting Chief of Police
MEETING DATE: March 12, 2024
SUBJECT: Consideration of Resolution 2024-48, Approving the Purchase of 16 Zoll Aeds, 16 Zoll AED Carrying Cases, 2 Wall Mounted Cabinets From Acme Medical Using 2023 Q4 Firehouse Subs Public Safety Foundation Grant Award in the Amount of $29,896.32
RECOMMENDATION:

Adopt Resolution 2024-48.

BACKGROUND:

In 2023, the Banning Police Department submitted a grant proposal with the Firehouse Subs Public Safety Foundation (the "Foundation") to assist with the purchase of AEDs for the Department. This grant will allow the Banning Police Department to purchase critical life-saving equipment. The Foundation awarded the grant to the Banning Police Department on 10-03-2023, pending City Council approval. On November 14, 2023, the City Council adopted Resolution 2023-178, authorizing the acceptance of the Foundation grant award in the amount of $29,896.32. The Foundation grant requires that the City procure the equipment (16 Zoll AEDs, 16 Zoll AED carrying cases, and 2 wall mount cabinets for Zoll AEDs) either by using a quote issued by One Beat Medical & Training ("OBMT") or from a local vendor that matches OBMT's quote.

JUSTIFICATION:

City staff solicited and received a quote from ACME Medical, a sole source local vendor, for the purchase of 16 Zoll AEDs, 16 Zoll AED carrying cases, and 2 wall mount cabinets for Zoll AEDs.

Consistent with the grant funding requirements, ACME Medical has submitted a quote in the amount of $29,896.32, which matches OBMT's quote. City staff have provided the Foundation with a copy of ACME Medical's matching quote and the Foundation has approved the City's procurement of the equipment through ACME Medical.

FISCAL IMPACT:

The Foundation Grant Proposal Form was completed and sent to the Foundation for review and approval. The Foundation has awarded the City a grant in the amount of $29,896.32 for the purchase of 16 Zoll AEDs, 16 Zoll AED carrying cases, and 2 wall mount cabinets for Zoll AEDs. There is no grant funding matching requirement imposed on the City under the grant.

ALTERNATIVES:

The City Council may choose to reject staff’s recommendation and provide alternative direction.

ATTACHMENTS:
84 1. Resolution 2024-48, ACME AEDs.docx

2. Approved Quote- AED- OneBeat- Banning Police Department.pdf

3. Approved Quote- AED- OneBeat- Banning Police Department.pdf

4. Banning PD Inv 6822.pdf

5. Sole Source ACME.pdf
85 Resolution 2024-48

RESOLUTION 2024-48

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING THE PURCHASE OF 16 ZOLL AEDS, 16 ZOLL AED CARRYING CASES, 2 WALL MOUNTED CABINETS (“EQUIPMENT”) FROM ACME WORKPLACE SAFETY USING 2023 Q4 FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION GRANT AWARD WHEREAS, On November 14, 2023, the City Council adopted Resolution 2023-178, authorizing the acceptance of the Firehouse Subs Public Safety Foundation (the "Foundation") grant award in the amount of $29,896.32 to purchase the Equipment; and WHEREAS, the Foundation grant requires that the City procure the Equipment (16 Zoll AEDs, 16 Zoll AED carrying cases, and 2 wall mount cabinets for Zoll AEDs) either by using a quote issued by One Beat Medical & Training ("OBMT") or from a local vendor that matches OBMT's quote; and
WHEREAS, City staff solicited and received a quote from ACME Workplace Safety, a sole source local vendor, for the purchase of the Equipment; and WHEREAS, City staff have provided the Foundation with a copy of ACME Workplace Safety's matching quote and the Foundation has approved the City's procurement of the equipment through ACME Workplace Safety.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council approves Resolution 2024-48 for the purchase of Equipment, from ACME Workplace Safety.

SECTION 2. The City Council authorizes City Manager to issue a Purchase Order and any necessary budget adjustments.

SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 12th day of March 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
86 Resolution 2024-48

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita R. Young, City Attorney
Richards, Watson & Gershon
87 Resolution 2024-48

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-48, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 12th day of March 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
88 One Beat Medical
3151 Executive Way
Miramar FL 33025
United States
Quote
#QUO28449
10/09/2023
QUO28449
1 of 2
Bill To Ship To              TOTAL
Brandon Smith
Banning Police Department
125 E. Ramsey Street
Banning CA 92220
United States
Brandon Smith
Banning Police Department
125 E. Ramsey Street
Banning CA 92220
United States $29,896.32
Expires: 11/08/2023
Expires Exp. Close Shipping Attention Shipping Method
11/08/2023 11/09/2023 Brandon Smith
Sales Rep Sales Rep Email Sales Rep Phone
OBC Team
QTY Item Options Rate Amount
16 Z-8511-001102-01
Fully automatic ZOLL AED 3 - Color touchscreen LCD
display, Real CPR Help®, CPR Uni-padz TM, WiFi
enable A
Includes:
1 Pair, ZOLL CPR Adult/Pediatric Uni-Padz
1 ZOLL 5-Year Smart Battery
6-Year Manufacturer Warranty
$1,595.00 $25,520.00
16 Z-8000-001250
Zoll AED3 Carry Case
$126.00 $2,016.00
2 W-PAC-W-OBC
One Beat Medical Premium White Universal Alarmed
Cabinet w/strobe .Dim13.7 x 7.5 x 14.9
Includes:

Fast Response Kit Red
AED Wall Sign - Projection Style 3D Triangle Sign
AED/CPR Guidelines poster
AED Window Decals
AED Inspection Hang Tag
$105.00 $210.00
Description
Quote Prepared by Emily Drag
(954) 321-5305 ext. 1002
[email protected]

FREE SHIPPING
Sales/Use Tax can be removed if agency has tax
exempt status and provides certificate.
89 One Beat Medical
3151 Executive Way
Miramar FL 33025
United States
Quote
#QUO28449
10/09/2023
QUO28449
2 of 2
$27,746.00 Subtotal
Shipping Cost
Tax Total (7.75%)
Total $29,896.32
$2,150.32
90 One Beat Medical
3151 Executive Way
Miramar FL 33025
United States
Quote
#QUO28449
10/09/2023
QUO28449
1 of 2
Bill To Ship To              TOTAL
Brandon Smith
Banning Police Department
125 E. Ramsey Street
Banning CA 92220
United States
Brandon Smith
Banning Police Department
125 E. Ramsey Street
Banning CA 92220
United States $29,896.32
Expires: 11/08/2023
Expires Exp. Close Shipping Attention Shipping Method
11/08/2023 11/09/2023 Brandon Smith
Sales Rep Sales Rep Email Sales Rep Phone
OBC Team
QTY Item Options Rate Amount
16 Z-8511-001102-01
Fully automatic ZOLL AED 3 - Color touchscreen LCD
display, Real CPR Help®, CPR Uni-padz TM, WiFi
enable A
Includes:
1 Pair, ZOLL CPR Adult/Pediatric Uni-Padz
1 ZOLL 5-Year Smart Battery
6-Year Manufacturer Warranty
$1,595.00 $25,520.00
16 Z-8000-001250
Zoll AED3 Carry Case
$126.00 $2,016.00
2 W-PAC-W-OBC
One Beat Medical Premium White Universal Alarmed
Cabinet w/strobe .Dim13.7 x 7.5 x 14.9
Includes:

Fast Response Kit Red
AED Wall Sign - Projection Style 3D Triangle Sign
AED/CPR Guidelines poster
AED Window Decals
AED Inspection Hang Tag
$105.00 $210.00
Description
Quote Prepared by Emily Drag
(954) 321-5305 ext. 1002
[email protected]

FREE SHIPPING
Sales/Use Tax can be removed if agency has tax
exempt status and provides certificate.
91 One Beat Medical
3151 Executive Way
Miramar FL 33025
United States
Quote
#QUO28449
10/09/2023
QUO28449
2 of 2
$27,746.00 Subtotal
Shipping Cost
Tax Total (7.75%)
Total $29,896.32
$2,150.32
92

INVOICE

BILL TO
Banning Police Department
125 E. Ramsey Street
Banning, CA 92220

SHIP TO
Banning Police Department
125 E. Ramsey Street
Banning, CA 92220
INVOICE 6822
DATE 12/20/2023
TERMS Net 30
DUE DATE 01/19/2024

ACTIVITY QTY DESCRIPTION RATE AMOUNT
Z8511-001102-01 16 ZOLL FULLYAUTOMATIC AED 3- COLOR TOUCH SCREEN, REAL

CPR HELP, CPR UNI-PADZ, BATTERY PACK
1,595.00 25,520.00T
62101 16 ZOLL AED3 CARRY CASE 126.00 2,016.00T
Z8000855 2 AED METAL WALL CABINET W/ ALARM, AED WALL PROJECTION SIGN
105.00 210.00T
AED Serial Number 1 AX23H206016 0.00 0.00T
AED Serial Number 1 AX23H207209 0.00 0.00T
AED Serial Number 1 AX23H207146 0.00 0.00T
AED Serial Number 1 AX23I219010 0.00 0.00T
AED Serial Number 1 AX23I218941 0.00 0.00T
AED Serial Number 1 AX23I216011 0.00 0.00T
AED Serial Number 1 AX23H208459 0.00 0.00T
AED Serial Number 1 AX23I212866 0.00 0.00T
AED Serial Number 1 AX23I218903 0.00 0.00T
AED Serial Number 1 AX23I217050 0.00 0.00T
AED Serial Number 1 AX23I218918 0.00 0.00T
AED Serial Number 1 AX23I218906 0.00 0.00T
AED Serial Number 1 AX23I218282 0.00 0.00T
AED Serial Number 1 AX23I218983 0.00 0.00T
AED Serial Number 1 AX23H207488 0.00 0.00T
AED Serial Number 1 AX23I219056 0.00 0.00T

IF YOU HAVE ANY QUESTIONS REGARDING THIS INVOICE, PLEASE CONTACT US AT [email protected]
SUBTOTAL 27,746.00
TAX 2,150.32
TOTAL 29,896.32
BALANCE DUE $29,896.32
93 94
95 96
97 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Adam Rush, Community Development Director
MEETING DATE: March 12, 2024
SUBJECT: Consideration of Resolution 2024-49, an Agreement for Professional Services (C00979) for California State Housing and Community Development (HCD) Annual Progress Report Services with Rincon Consultants, Inc.

RECOMMENDATION:

Adopt Resolution 2024-49.

BACKGROUND:

Since 1969, California has required that all local governments (cities and counties) adequately plan to meet the housing needs of everyone in the community. California’s local governments meet this requirement by adopting housing plans (aka housing elements) as part of their “general plan” (also required by the state). General plans serve as the local government’s "blueprint" for how the city and/or county will grow and develop and include seven elements: land use, transportation, conservation, noise, open space, safety, and housing.

Each jurisdiction (city council or board of supervisors) must prepare an Annual Progress Report (APR) on the jurisdiction’s status and progress in implementing its housing element using forms and definitions adopted by the California Department of Housing and Community Development (HCD). (Gov. Code, § 65400.) Each jurisdiction’s APR must be submitted to HCD and the Governor’s Office of Planning and Research (OPR) by April 1 of each year (covering the previous calendar year).

AB 2011 (2022), SB 6 (2022), AB 1743 (2022), and AB 649 (2022) added new data requirements for APRs, making the preparation of each year's report especially tedious and time-consuming. Given the limited staffing resources, the Planning Division has struggled to complete the reports by the April 1st HCD deadline.

JUSTIFICATION:

On January 18, 2024, the Public Works Department submitted a Caltrans Grant Application, in the amount of $309,850 for Downtown Revitalization Projects. To be eligible for a grant award, the City is required to submit the following:

1. A housing element adopted by the local government to HCD, and HCD must find the adopted housing element in substantial compliance with state housing element law pursuant to Government Code Section 65585; and

2. APRs to HCD for at least the two previous years - 2021 and 2022. 98 On January 9, 2024, the City Council adopted Resolution 2024-12, adopting the 6th Cycle Housing Element Update for planning period 2021-2029 ("Housing Element Update"). City staff submitted, and HCD received, the adopted Housing Element Update on February 1, 2024, after completing a 10-Day public comment review without comment. City staff anticipates that HCD will certify the City's Housing Element Update on or before April 1, 2024.

Completion of the APRs, for years 2021 and 2022 (at minimum) remains outstanding and must be prepared and submitted to HCD no later than June 1st. As such, the Planning Division wishes to engage Rincon Consultants, Inc. as they have recently prepared the Housing Element Update for the City. In addition, Rincon recently developed a proprietary software program ("Housing Connect") to prepare APRs in approximately half the time versus the traditional manual entry. Given the narrow time frame, and the multi-million dollar grant that could be jeopardized, City staff believes that a sole source procurement for these services with Rincon Consultants, Inc. is justifiable.

Housing Connect is a fully customizable, web-based interactive mapping application offering a suite of tools that provides local governments with the resources necessary to manage, track and report residential activity in a publicly transparent and visually appealing way. The City provides the GIS layers and data and Rincon sets up and manages the platform. An example of Housing Connect can be found on the website for the Napa Sonoma Collaborative here: https://napa-sonoma-collaborative-housingconnect-rincon.hub.arcgis.com/ FISCAL IMPACT:

The Community Development Department's existing operational budget is sufficient to fund the requested increase, Account No. 001-2800-441.33-11 (Professional Services):

Year Estimated Amount
2023/2024 $29,235
2024/2025 $10,765
ALTERNATIVES:

1. Adopt Resolution 2024-49, as recommended.

2. Adopt Resolution 2024-49, with modifications.

3. Do not adopt Resolution 2024-49 and provide alternative direction to staff.

ATTACHMENTS:

1. Resolution 2024-49, Rincon Consultants.docx

2. PSA for C00979 - CD HCD APR Services ( Rincon).docx

3. Sole Source Vendor Form - Rincon.pdf
99 Resolution 2024-49

RESOLUTION 2024-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING A SOLE SOURCE PROFESSIONAL SERVICES AGREEMENT (PSA C00979)

WITH RINCON CONSULTANTS, INC FOR CALIFORNIA STATE HOUSING AND

COMMUNITY DEVELOPMENT (HCD) ANNUAL PROGRESS REPORT SERVICES WHEREAS, on January 8, 2024, the City Council City solicited a proposal from Rincon Consultants, Inc. (“Rincon”) for California State Housing and Community Development (HCD) Annual Progress Report Services for Calendar Years 2021, 2022, and 2023; and WHEREAS, on January 18, 2022 the Community Development Director received a letter proposal from Rincon in the amount of $40,000; and
WHEREAS, City staff has negotiated the Scope of Work with Rincon for California State Housing and Community Development (HCD) Annual Progress Report Services by utilizing a proprietary software called Housing Connect; and
WHEREAS, the City has submitted a Caltrans Sustainability Communities Grant (SCG), in the amount of $309,850 for Downtown Revitalization Projects; and WHEREAS, to be eligible for the Caltrans Sustainable Communities Grant award, the City is required to submit verification of a certified Housing Element and completion of the Annual Progress Reports (APR) for Calendar Years 2021 and 2022, at minimum; and WHEREAS, A housing element adopted by the local government to the Department of Housing and Community Development (HCD), and HCD must find the adopted housing element in substantial compliance with state housing element law pursuant to Government Code Section 65585; and
WHEREAS, the Annual Progress Reports (APRs) must be submitted to HCD for at least the two previous years, 2021 and 2022 and approved and accepted by HCD; and WHEREAS, on January 9, 2024, the City Council adopted the 6th RHNA Cycle Housing Element and HCD received the approved housing element on February 1, 20204 after completing a 10-Day public comment review without comment. The City anticipates certification of the Housing Element on or before April 1, 2024; and
WHEREAS, completion of the Annual Progress Reports, for years 2021 and 2022 (at minimum) remains outstanding and must be prepared and submitted to HCD no later than June 1st in order to comply with the Caltrans Sustainable Communities Grant requirements; and WHEREAS, the Planning Division wishes to engage Rincon in a Sole Source Agreement as Rincon have recently complete the City’s housing element; and WHEREAS, Rincon recently wrote a proprietary software program ("Housing Connect") to prepare the APRs in approximately half the time versus the traditional manual entry; and 100
Resolution 2024-49

WHEREAS, Housing Connect is a fully customizable, web-based interactive mapping application offering a suite of tools that provides local governments with the resources necessary to manage, track and report residential activity in a publicly transparent and visually appealing way; and
WHEREAS, given the narrow timeframe, and the Caltrans Sustainable Communities Grant that could be jeopardized, a sole source agreement with Rincon is justified; and WHEREAS, staff recommends the award of a Professional Services Agreement with Rincon Consultants, Inc, in an amount not-to-exceed $40,000 for Fiscal Years 2023/2024 and 2024/2025; and
WHEREAS, funding will be available in the amount of $40,000 per year in the City's Community Development Department accounts during Fiscal Years 2023/2024 and 2024/2025.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The Banning City Council approves a Sole Source Agreement, with Rincon attached as Exhibit “A,” in an amount not-to-exceed Forty Thousand Dollars ($40,000) for preparation of the Annual Progress Reports for Fiscal Year 2023/2024 and 2024/2025.

SECTION 2. The City Manager or his designee is authorized to make necessary budget adjustments, appropriations and transfers related to this services agreement.

SECTION 3. The City Council authorizes the City Manager to make necessary non-substantive changes and to execute the Sole Source Agreement with Rincon.

SECTION 4. The City Clerk shall certify to the adoption of this Resolution and shall cause a certified Resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 12th day of March 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
101
Resolution 2024-49

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita R. Young, City Attorney
Richards, Watson & Gershon
102
Resolution 2024-49

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-49, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 12th day of March 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
103
Resolution 2024-49

EXHIBIT A
Sole Source Professional Services Agreement with Rincon Consultants, Inc. 104
-1-
AGREEMENT FOR PROFESSIONAL SERVICES (C00979) FOR

CALIFORNIA STATE HOUSING AND COMMUNITY DEVELOPMENT
(HCD) ANNUAL PROGRESS REPORT SERVICES BY AND BETWEEN
CITY OF BANNING AND RINCON CONSULTANTS, INC.

THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein “Agreement”) is made and entered into this day: ___________________, (“Effective Date”) by and between the CITY OF BANNING, a California municipal corporation (“City”) and Rincon Consultants, Inc., a Corporation, (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought by issuance of a proposal for the performance of the services for the California State Housing and Community Development (HCD) Annual Progress Reporting and as further defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by City to perform those services.

C. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

D. Pursuant to the City of Banning’s Municipal Code, City has authority to enter into this Agreement.

NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “Services” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Consultant covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, and fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional 105
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standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Contract Documents and Exhibits.

This Agreement includes the Request for Proposal and Consultant’s accepted proposal (“Contract Documents”), both of which are on file with the City and incorporated herein by this general reference as though fully set forth herein. Exhibit A (Scope of Services), Exhibit B (Special Requirements), Exhibit C (Schedule of Compensation), and Exhibit D (Schedule of Performance) also constitute a part of this Agreement and are incorporated into this Agreement by this reference. Except as set forth in Section 1.10 regarding Exhibit B, this Agreement controls over the Contract Documents and the provisions in Exhibits A, B and C.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning all ordinances, resolutions, statutes, rules, and regulations of City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered, and shall render all Services hereunder in accordance therewith.

1.4 Licenses, Permits, Fees and Assessments.

Consultant shall obtain and maintain during the term of this Agreement, at its sole cost and expense, all necessary licenses, permits, certificates and approvals required by law for the performance of Services under this Agreement, including a City business license. Consultant shall have the sole obligation to pay for all fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for Consultant’s performance of the Services required by this Agreement. Consultant shall indemnify, defend and hold harmless City, its officers, employees or agents, against all such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Services.

By executing this Agreement, Consultant warrants that Consultant: (i) has thoroughly investigated and considered the Scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities and any difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions existing therein, prior to commencement of Services hereunder. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer (defined in Section 1.12. A).

1.6 Prevention of Loss and Damages.

Consultant shall adopt reasonable methods during the Term (defined in Section 3.4) to furnish continuous protection to the work product, and the equipment, materials, papers, 106
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documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.

1.7 Further Responsibilities of Parties.

Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonable necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible to perform the Services of the other.

1.8 Additional Services.

City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra services beyond that specified in the Scope of Services or to make changes by altering, adding to or deducting from the Services. No such extra services may be undertaken unless a written order is first given by the Contract Officer to Consultant, which written order incorporates therein an adjustment in (i) the Contract Sum (as defined in Section

2.1), and/or (ii) the Schedule of Performance, (as defined in Section 3.2), and which written order is approved in writing by Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum, or $25,000, whichever is less; or in the Schedule of Performance of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to Services which are specifically set forth in the Scope of Services or which are reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.

1.9 Facilities and Equipment.

Except as otherwise provided, Consultant shall, at its own cost and expense, provide all facilities and equipment necessary to perform the Services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (“City Facilities”), as City deems, in its sole discretion, to be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and time of furnishing City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to a computer, long distance telephone, network data, internet or other communication charges, vehicles and reproduction facilities.

1.10 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern. 107
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1.11 Corrections.

In addition to the indemnification obligations set forth in Article 4, and Sections 1.4, 1.13,

5.3, 5.4, and 6.3, Consultant shall correct, at its expense, all errors in the Services which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction(s) in a reasonably timely manner, such correction(s) may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction(s) from any retention amount held by City, or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction(s), as provided in Section 6.3.

1.12 Party Representatives.

A. Contract Officer: For the purposes of this Agreement, the Contract Officer shall be the City Manager, or such other person designated in writing by the City Manager (“Contract Officer”). Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.

B. Principals and Personnel of Consultant.
1) Consultant Representative: The following principal of Consultant is hereby designated as being the Consultant Representative authorized to act on Consultant’s behalf regarding the Services specified herein and make all decisions in connection therewith:

Name Title
Julie Lynne Welch Director
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Consultant Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Consultant Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Consultant Representative. For purposes of this Agreement, the foregoing Consultant Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Consultant without the express written approval of City. It shall be Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions which must be made by City to the Contract Officer. 2) Consultant’s Personnel: Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement. 108
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Consultant shall notify City of all changes in Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or sub-contractor of Consultant, City shall give notice as set forth in Section 8.1. Consultant shall, immediately upon the receipt of the notice to re-assign staff from City, reassign such person or persons.

1.13 Independent Contractor.

A. Consultant is an independent contractor and not an employee of City.

Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. All Services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services. Any additional personnel performing Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

B. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant’s personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.

1.14 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, the Consultant Representative and employees were a substantial inducement for City to enter into this Agreement.

Therefore, Consultant shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this 109
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Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than Forty Thousand Dollars ($40,000.00) (the “Contract Sum”). The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services with City is a critical component of the Services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion of the Services, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Consultant’s rates as specified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

City shall only reimburse Consultant for those actual and necessary expenses expressly set forth in Exhibit C. Reimbursable expenses may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual sub-contractor expenses of an approved sub-contractor pursuant to Section 1.14, and only if specified in the Schedule of Compensation.

2.4 Unauthorized Services and Expenses.

City will not pay for any Services or reimburse for any expenses incurred which are not specified in the Scope of Services, unless authorized in writing as set forth in Section 1.8 of this Agreement. City shall make payment for such authorized additional Services and expenses in accordance with Article 2 of this Agreement.

2.5 Invoices.

Each month Consultant shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month. Each such invoice shall contain all of the information set forth in Section III of Exhibit C to this Agreement. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the 110
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Agreement. Consultant shall not invoice City for any duplicate Services performed by more than one person.

City shall independently review each invoice submitted by Consultant to determine whether the Services performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice, except as to any charges for Services performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 6.3. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City of any invoice provided by Consultant shall not constitute waiver of any rights or remedies provided herein or any applicable law.

2.6 Waiver.

Payment to Consultant for Services performed pursuant to this Agreement shall not be deemed to waive any defects in Services performed by Consultant.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit D and incorporated herein by this reference.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant. Such unforeseeable consequences include, but are not restricted to, acts of God or public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified, subject to the provisions of Section 1.8. The Contract Officer’s determination (or the City Council’s determination, in the event the period of enforced delay exceeds the period specified in Section

1.8) shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant 111
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be entitled to recover damages against City for any delay in the performance of this Agreement, however caused; Consultant’s sole remedy shall be the extension of the Agreement pursuant to this Section.

3.4 Term.

The Term of this Agreement shall be from the Effective Date through August 31, 2024, unless sooner terminated as provided in Article 6 of this Agreement or extended as provided in Sections 1.8 and 3.3 of this Agreement. Maximum term and any subsequent amendment or modification shall not exceed five (5) years.

ARTICLE 4. INSURANCE AND INDEMNIFICATION

4.1 Minimum Scope and Limits of Insurance.

Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

A. Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, members, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.

B. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy.

C. Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required; however, Consultant shall execute a declaration that it has no employees.

D. Professional Liability/Errors and Omissions Insurance with minimum limits of $1,000,000.00 per claim and in the aggregate.

4.2 Acceptability of Insurers.

The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest 112
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edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Article.

4.3 Additional Insured.

The commercial general and automobile liability policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds.

4.4 Primary and Non-Contributing.

The insurance policies required under this Article shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

4.5 Consultant’s Waiver of Subrogation.

The insurance policies required under this Article shall not prohibit Consultant and Consultant’s employees, agents or sub-contractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.

4.6 Deductibles and Self-Insured Retentions.

Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City; or Consultant shall procure a bond guaranteeing payment of losses and expenses.

4.7 Cancellations or Modifications to Coverage.

Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Article during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Article is canceled or reduced in coverage or limits, Consultant shall, within two (2) Business Days (as defined in Section 8.12) of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

4.8 City Remedy for Noncompliance.

If Consultant does not maintain the policies of insurance required under this Article in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Article, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

Consultant shall promptly reimburse City for any premium paid by City, or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 113
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4.9 Evidence of Insurance.

Prior to the performance of Services under this Agreement, Consultant shall furnish the City Clerk with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Article. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with the City Clerk.

Consultant shall provide proof to the City Clerk that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.

4.10 Indemnity Requirements not Limiting.

Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under this Agreement.

4.11 Sub-contractor Insurance Requirements.

Consultant shall require each of its sub-contractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Article.

4.12 Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnification of City.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
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2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2. 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement.

If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s sub-contractor, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s sub-contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Article, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Article shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

D. Survival of Terms. Consultant’s indemnifications and obligations under this Article shall survive the expiration or termination of this Agreement.

ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION

5.1 Service Records.

Consultant shall keep, and require sub-contractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder (the “Service Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer 115
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to evaluate the performance of such Services. Any and all such Service Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the Service Records may be given to City, and access shall be provided by Consultant’s successor in interest (“Consultant’s Successor”). If custody of the Service Records is given to Consultant’s Successor, Consultant shall give written notice to City of the transfer of the Service Records to Consultant’s Successor. The notice shall include contact information (address and telephone number) for Consultant’s Successor, and access shall be provided to City by Consultant’s Successor.

5.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that City is greatly concerned about the cost of Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein, Consultant shall promptly notify the Contract Officer of that fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

5.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Consultant Documents”) prepared by Consultant, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Consultant Documents hereunder. Any use, reuse or assignment of such completed Consultant Documents for other projects and/or use of uncompleted Consultant Documents without specific written authorization by Consultant will be at City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use or assignment. Consultant may retain copies of such Consultant Documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. All sub-contractors shall provide for assignment to City of all Consultant Documents prepared by them; and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

5.4 Confidentiality and Release of Information.

A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the 116
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public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.

B. Consultant, its officers, employees, agents or sub-contractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.

C. If Consultant, or any officer, employee, agent or sub-contractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.

D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub-contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any Party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite the response.

ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION

6.1 California Law.

This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

6.2 Disputes; Default.

A. In the event that City determines Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any Services performed after the date of default. In addition to the provisions of Section 4.8, and the right to terminate pursuant to Section 6.7, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City may serve Consultant with written notice of the default. Consultant shall have ten (10) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. 117
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In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

B. In the event of termination pursuant to this Section, City may take over the Services and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City as provided in Section 6.3.

6.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement): (i) any payment amount of which may be in dispute hereunder or which is necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, (ii) all amounts retained pursuant to the provisions of Section 4.8, (iii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement, and (iv) all payments due or that become due to Consultant during the period that Consultant or any of its sub-contractors fail to maintain any required insurance in full force and effect, until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City, as provided in Section 4.9, above. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.

6.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either Party of any default must be in writing, and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

6.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party 118
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

6.6 Legal Action.

In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action against City under this Agreement.

6.7 Termination Prior to Expiration of Term.

This Article 6 shall govern any termination of this Agreement except as specifically provided in Section 6.2 for termination for default of Consultant. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of Consultant, the period of notice may be a shorter time as may be determined by the Contract Officer. In addition, Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of City, the period of notice may be a shorter time as Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where Consultant has initiated termination, Consultant shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 6.3. In the event Consultant has initiated termination, Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 6.2.

6.8 Attorneys’ Fees.

In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorney’s fees on any appeal, and in addition the Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 119
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ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

7.1 Non-liability of City Officers and Employees.

No officer or employee of City shall be personally liable to Consultant, or Consultant’s Successor, in the event of any default or breach by City or for any amount which may become due to Consultant or Consultant’s Successor, or for breach of any obligation of the terms of this Agreement.

7.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub-contractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of City shall have any direct or indirect financial interest in this Agreement within the scope of Government Code section 1090, nor shall any such officer or employee make, participate in making, or use his or her official position to influence, any City decision relating to the Agreement which has a material financial effect on his or her financial interests or the financial interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given, and will not pay or give any third party any money or other consideration for obtaining this Agreement.

Consultant and its officers, employees, associates and sub-contractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients; but Consultant and its officers, employees, associates and subcontractors shall not, without the Contract Officer’s prior written approval, perform services for another person or entity for whom Consultant is not currently performing services that would require Consultant or one of its officers, employees, associates or sub-contractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.

7.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, or ancestry in the performance of this Agreement.

Consultant shall take affirmative action to insure that applicants are employed, and that employees 120
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are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, or other protected class.

7.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of Services covered by this Agreement, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 8. MISCELLANEOUS PROVISIONS

8.1 Notices.

Any notice, demand, request, document, consent, approval, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on confirmed delivery by courier service or overnight delivery service during Consultant’s and City’s regular business hours; or (b) three (3) Business Days after deposit in the United States mail, by certified or registered mail, and addressed to the Party to be notified as set forth below:

If to City Attn: Adam Rush
Director of Community Development
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
With a courtesy copy to: Serita R. Young, City Attorney Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Email: [email protected]
If to Consultant: Attn: Julie Lynn Welch, Director
Rincon Consultants, Inc.
1980 Orange Tree Lane
Redlands, CA 92374
Email: [email protected]
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8.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

8.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

8.4 Integration; Amendment.

This Agreement, and all exhibits referred to in this Agreement, constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. No amendment to or modification of this Agreement, nor any provision or breach hereof waived, shall be valid unless made in writing and approved by Consultant and by City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

8.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

8.6 Mutual Cooperation.

A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.

B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 122
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8.7 No Third Party Beneficiaries Intended.

This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

8.8 Final Payment Acceptance Constitutes Release.

The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s Services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or Services performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the Services prepared by Consultant, its employees, sub-contractors and agents.

8.9 Non-Appropriation of Funds.

Payments to be made to Consultant by City for Services performed within the current fiscal year which are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

8.10 Headings.

The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.

8.11 Word Usage.

Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.

8.12 Business Days.
“Business Days” refers to days that the Banning City Hall is open for business.

8.13 Corporate Authority.

The persons executing this Agreement on behalf of the Parties hereto warrant that (i): such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver 123
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this Agreement on behalf of that Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

8.14 Electronic Signatures.

Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF BANNING CONSULTANT
Douglas Schulze, Date
City Manager
NAME: Date
TITLE:

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Deputy City Clerk
Address:

APPROVED AS TO FORM:

Richards, Watson & Gershon
City Council Approval: _____________
Serita R. Young Date
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
125
Exhibit “A”-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing HCD Annual Progress Reporting Services prepared in connection therewith:

II. As part of the Services, Consultant will prepare and deliver the following tangible work products and services to City:
126
Exhibit “A”-2
127
Exhibit “A”-3
128
Exhibit “A”-4
III. In addition to the requirements of Parts I and II of this Scope of Services, during the performance of the Services, Consultant will keep City appraised through periodic status reports regarding the performance of the Services under this Agreement as set forth below and in Section 5.2, by the following means:
a. In-person meetings and/or teleconferences.
b. Email updates/questions to applicant team and City while reviews are underway.
c. Conference calls.

IV. All work product is subject to review and acceptance by City. If the City determines that any work product is unacceptable, for any reason, it must be revised by Consultant without additional charge to City until found satisfactory and accepted by City. 129
Exhibit “B”-1
EXHIBIT “B”

SPECIAL REQUIREMENTS

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works,” Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
130
Exhibit “B”-2

8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations.

Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. The Consultant shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Consultant and Subcontractors shall not be debarred or suspended throughout the duration of this Agreement pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Consultant or any subcontractor becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day’s work.

Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Date______________ Signature___________________________ 131
Exhibit “B”-3

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including, without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.
132
Exhibit “C”-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks (“Tasks”) not to exceed the Consultant’s billing rates attached as Exhibit C-1 .

II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.

III. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the Services performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved sub-contractor labor, supplies, equipment, materials, and travel properly charged to the Services. 133
Exhibit “C-1”-1
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
134
Exhibit “C-1”-2
135
Exhibit “C-1”-2
136
Exhibit “D”- 1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely, and deliver the specified tangible work products to City in accordance with the schedule as stated in Exhibit “A”.

II. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.
137
Exhibit “D-1”- 1
11303-0008\2344655v8.doc
138
2-13-24 Community Development-Planning 951-922-3175
Kristine Gutierrez
Rincon Consultants
250 East 1st Street, Suite 1400 Los Angeles, Ca 90012 831-333-0310 139
2-1 -24
.
1st deadline to submit APR's to California State Housing and Community Development (HCD) Department APR Submitals prior to 1st.

Financial penalty
140

ATTACH TO THE SOLE SOURCE FORM
DETAILED JUSTIFICATION FOR SOLE SOURCE:
(widen text boxes as necessary)
The requestor shall clearly provide:
a. A detailed description of the type of contract to be established; b. A detailed description of services and/or commodities to be provided by the vendor; c. An explanation of why the recommended vendor is the only one capable of providing the required services and/or commodities and include back-up information to support the justification; This proposal to provide support services
related to the preparation of the City’s Annual Progress Reports (APRs).

Rincon has prepared this scope of work based on our understanding of the City’s needs.

Task 1 Project Management
Rincon will provide project management support, including meetings, timeline and status updates, quality control, and internal team coordination.

Task 2 APR Completion
Rincon will coordinate with the City to prepare the City’s 2021-2023 APRs. Rincon assumes the following:
• City will provide data for all residential building permits in Excel or comma-separated values (csv) format, and information on City programs in Excel or Word format. • City will provide all information required to complete APR forms no later than 10 business days after City authorization of services.
• City will be responsible for submitting the APRs to HCD.

The expertise and experience Rincon Consultants possesses is a proven track record of successfully executing similar projects within compressed timelines. Their team's experience in handling complex tasks efficiently give us confidence that they can deliver the desired results promptly. Given these factors, we firmly believe that selecting Rincon Consultants is the most prudent decision to ensure the successful and timely completion of our project. We are confident that their expertise, resources, and commitment to excellence will enable us to achieve our objectives despite the challenging deadline of June 1.2024.
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d. The identity of other sources that have been contacted and explain in detail why they cannot fulfill the City’s requirements;
e. An explanation of how the recommended vendor’s prices or fees compare to the general market and attach quotes for comparable services and supplies, if available (limited competition); f. An explanation of how the City would accomplish this particular task if the recommended vendor could not provide the product or service.

Our team has been operating with a limited number of members, which posed significant challenges when faced with a task of this magnitude. Despite our best efforts, the workload exceeded the capacity of our existing team, resulting in delays and inefficiencies in task execution.Given the complexity of the task and the limited manpower at our disposal, meeting this stringent deadline proved to be an uphill battle from the outset.

We are confident that the fees proposed by the recommended consultants are competitive and represent good value for the services provided. Their expertise, reputation, and commitment to delivering results align closely with our project objectives, making them the preferred choice
The urgency of our project deadline leaves us with limited time to solicit and evaluate bids from alternative consultants. Opening the project for additional bids would prolong the procurement process, increasing the risk of missing our deadline and jeopardizing project objectives. By engaging Rincon Consultants promptly, we can bypass unnecessary delays and focus our efforts on project execution. 142
Note: Valid Sole Source justification requires strong technological or strong programmatic justifications 143
144

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Art Vela, Public Works Director
MEETING DATE: March 12, 2024
SUBJECT: Consideration of Resolution 2024-04 UA, Approving Amendment No. 3 to the Professional Services Contract for the Design of Well C-8 with Hazen and Sawyer of Palm Desert, CA in the Amount of $30,406.22 and Extending the Term to June 30, 2026
RECOMMENDATION:

Adopt Resolution 2024-04 UA.

BACKGROUND:

The need for a new municipal production well in the near future was identified in the Integrated Master Plan, and designated as Well C-8. The City advertised a Request for Proposals (RFP) for design and inspection services, and subsequently awarded a contract to the highest-rated firm, Hazen and Sawyer, on September 10, 2018.

Hazen and Sawyer’s initial task was to review available data and assess the feasibility of locating a new municipal well in the Cabazon Storage Unit. After reviewing available information City staff determined that at this time it would focus on installing the new well in the Beaumont Basin, where the City has a water storage account and where imported water purchased is stored.

Hazen and Sawyer met with City staff to discuss additional sites to be evaluated and submitted a proposal to complete a Well Siting Study. As a result, staff recommended and City Council approved Resolution 2019-02 UA on February 12, 2019, which amended the agreement (Amendment No. 1) with Hazen and Sawyer and added $42,087 for additional work related to the new site.

On August 23, 2022, City Council approved Resolution 2022-11 UA which included Amendment No. 2 to the agreement with Hazen and Sawyer. Amendment No. 2, included additional costs related to additional time for project management, billing rate increases, new South Coast Air Quality Management District (SCAQMD) air quality modeling requirements and additional work needed for the well siting study.

Amendment No. 3
Hazen and Sawyer has provided staff with an amendment request in the amount of $30,406.22. The amendment is for additional work required during the drilling phase of the project and includes additional time spent by Hazen and Sawyer staff and consultants on project management, testing and development and to cover increase in costs of geotechnical services.

JUSTIFICATION:

With expected population growth, and the associated increase in water demands, the City needs to supplement its existing production facilities to offer reliable service to all customers. Consultant services 145
are necessary due to the highly technical and specialized nature of well siting and design.

Additional funds and an extension in the term of the agreement with Hazen and Sawyer are needed in order to retain Hazen and Sawyer’s services through the completion of the project.

FISCAL IMPACT:

The original agreement with Hazen and Sawyer was for an amount “not-to-exceed” $696,296.

Amendment No. 1 increased the total agreement amount to “not-to-exceed” $738,383. Amendment No. 2 increased the total agreement amount to "not-to-exceed" $884,683. Amendment No. 3, if approved, will increase the total agreement amount to "not-to-exceed" $915,089.22. To date the City has spent a total of $509,217.66.

Amendment No. 3 will be funded by Water Capital Facilities Account 661-6300-471.95-08 (Wells/Pumping Equipment) which has an available balance of $1,500,119.

Some of the additional costs associated with Amendment No. 3 are as a result of delays during the well drilling project and for reasons directly related to the well drilling contractor's means and methods. Staff has negotiated a credit in the amount of $10,371.50 with the well drilling contractor.

ALTERNATIVES:

Do not approve Resolution 2024-04 UA, which may result in delays in the project moving forward.

ATTACHMENTS:

1. Resolution 2024-04 UA, Amendment 3 to Hazen and Sawyer.docx

2. Amendment No. 3 to Design Services Agreement (C00409) for Geohydrologic and Engineering De.DOCX

3. Hazen_Well_C8_Amendment3_to_City Cost Breakdown.docx 146
Resolution 2024-04 UA

RESOLUTION 2024-04 UA

A RESOLUTION OF THE UTILITY AUTHORITY OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES CONTRACT FOR THE DESIGN OF WELL C-8 WITH HAZEN AND SAWYER OF PALM DESERT, CA IN THE AMOUNT OF $30,406.22 AND EXTENDING THE TERM TO JUNE 30, 2026 WHEREAS, the need for a new municipal production well in the near future was identified in the City of Banning (“City”) Integrated Master Plan (identified as Well C-8) and therefore the City advertised a Request for Proposals (RFP) for design and inspection services for construction of a new production well and subsequently awarded an agreement to the highest-rated firm, Hazen and Sawyer, on September 10, 2018; and
WHEREAS, on February 12, 2019 City Council approved Resolution 2019-02 UA approving Amendment No. 1 for out of work scope including looking at alternative well location sites in order to ensure the correct site was selected prior to moving forward with final design.

Amendment No. 1 increased the agreement by $42,087 for a total amount of $738,383; and WHEREAS, on August 23, 2022, City Council approved Resolution 2022-11 UA which included Amendment No. 2 to the agreement with Hazen and Sawyer. Amendment 2, included additional costs related to additional time for project management, billing rate increases, new South Coast Air Quality Management District (SCAQMD) air quality modeling requirements and additional work needed for the well siting study; and
WHEREAS, Amendment No. 3 to the Hazen and Sawyer agreement is required to cover additional costs related to project management, testing and development and to cover increase in costs of geotechnical services as well as to extend the contract term to June 30, 2026.

NOW, THEREFORE, BE IT RESOLVED by the Banning Utility Authority of the City of Banning as follows:

SECTION 1. The Banning Utility Authority approves Amendment No. 3 to the Professional Services Agreement with Hazen and Sawyer of Palm Desert, California, in the amount of $30,406.22 for a contract “not-to-exceed” $915,089.22 and extends the term to June 30, 2026 and authorizes the City Manager to make necessary non-substantive changes to the amendment and to execute said amendment.

SECTION 2. The Utility Authority authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.

SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 12th day of March 2024.

Alberto Sanchez, Chairperson
Banning Utility Authority
147
Resolution 2024-04 UA

ATTEST:

Caroline Patton, Secretary
Banning Utility Authority

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita R. Young, Authority Counsel
Richards, Watson & Gershon
148
Resolution 2024-04 UA

CERTIFICATION:

I, Caroline Patton, Secretary of the Banning Utility Authority, do hereby certify that the foregoing Resolution 2024-04 UA, was duly adopted by the Utility Authority of the City of Banning, California, at a regular meeting thereof held on the 12th day of March 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Secretary
Banning Utility Authority
149
Resolution 2024-04 UA

Exhibit A
Amendment No. 3 to the Professional Services Agreement with Hazen and Sawyer 150
AMENDMENT NO. 3 TO DESIGN SERVICES AGREEMENT (C00409)

FOR THE PERFORMANCE OF THE GEOHYDROLOGIC AND

ENGINEERING DESIGN SERVICES FOR THE CITY OF BANNING
WELL C-8, PROJECT NUMBER 2018-02W BY AND BETWEEN CITY

OF BANNING AND HAZEN AND SAWYER
THIS AMENDMENT NO. 3 TO THE DESIGN SERVICES AGREEMENT
(“Amendment No. 3”) by and between the CITY OF BANNING (“City”) and HAZEN AND SAWYER, a New York Corporation (“Consultant”) is effective as of this day:
______________.

RECITALS
A. City and Consultant entered into that certain Agreement for Design Services dated September 10, 2018 (“Agreement”) following RFP 18-012 for the performance of the Geohydrologic and Engineering Design Services for the Banning Well C-8 as approved by Utility Authority Resolution 2018-03 UA.

B. City and Consultant entered into Amendment No. 1 to the Agreement dated September 5, 2019, to modify the Scope of Services, extend the Term of the Agreement by September 9, 2020, and increase the Contract Sum to $713,383.00, as approved by Utility Authority Resolution 2019-02 UA.

C. City and Consultant entered into Amendment No. 2 to the Agreement dated September 18, 2022, to extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum to $859,683.00, as approved by Utility Authority Resolution 2022-11 UA.

D. City and Consultant now desire to amend the Agreement to modify the Scope of Services, extend the Term of the Agreement to June 30, 2026, and increase the Contract Sum to $890,089.22.

The Parties therefore agree follows:

1. Amended Terms. The Agreement is hereby amended as follows:

1.1 The Scope of Services as set forth in Section 1.1 of and Exhibit A to the Agreement is hereby amended to include the additional Services set forth in Attachment No. 1, attached hereto and incorporated herein by this reference.

1.2 The maximum compensation for the Services performed pursuant to this Amendment No. 3 shall not exceed Thirty Thousand Four Hundred Six Dollars and Twenty-Two Cents ($30,406.22), as set forth in Attachment No. 1, thereby increasing the Contract Sum, as set forth in Section 2.1 and Exhibit C of the 151
Agreement, to Eight Hundred Ninety Thousand Eighty-Nine Dollars and Twenty-Two Cents ($890,089.22).

1.3 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through June 30, 2026, unless sooner terminated or extended as provided in the Agreement.

2. Miscellaneous Provisions

2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 3, all provisions of the Agreement, as amended by Amendment Nos. 1 and 2, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 3. In the event of a conflict between the provisions of this Amendment No. 3 and the provisions of the Agreement or Amendments No. 1 through 2, the provisions of this Amendment No. 3 shall control.

2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 3.

2.3 Authority. The persons executing this Amendment No. 3 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 3 on behalf of said party, (iii) by so executing this Amendment No. 3, such party is formally bound to the provisions of this Amendment No. 3, and (iv) entering into this Amendment No. 3 does not violate any provision of any other agreement to which said party is bound.

2.4 Counterparts. This Amendment No. 3 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
152
The Parties are signing this Amendment No. 3 on the date stated in the introductory clause.

CITY OF BANNING CONSULTANT
Douglas Schulze,
City Manager
NAME:

TITLE:

City Council Approval: _______________ NAME:

TITLE:

ATTEST:

Caroline Patton
Administrative City Clerk
APPROVED AS TO FORM:

Richards, Watson & Gershon
Serita R. Young
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
153
ATTACHMENT NO. 1
December 19, 2023
To: Arturo Vela, PE
City of Banning Public Works Director
From: Jerimy Borchardt, PE
Cc: Marc Solomon, PE
Re: Geohydrologic and Engineering Services for Well C-8 Request for Amendment On behalf of Hazen and Sawyer responsible for assisting the City with the planning, coordination, and preparation of bid documents for the drilling, development, and equipping of Well C-8 thank you for the City’s collaborative working relationship. As we recently discussed, there have been few items associated with the Well C-8 project which have impacted the Hazen team; below is a summary.

Background
Our Well C-8 contract was executed in August 2018 with an estimated construction completion in June 2020. The current schedule estimates construction completion in early 2026.

After the original siting study was delivered in early summer 2019, a new well location was identified by the City in the spring of 2020. After coordination efforts to confirm the viability of the new location, the Hazen team prepared a revised well siting study, including conceptual site layouts, for the new location.

Hazen next prepared a draft IS/MND, the final IS/MND, and draft NOI was delivered in December 2021.

Overall, the document development and subsequent review period took approximately ten months longer than anticipated at contract execution. Hazen prepared the response and submitted the final MND to the City in July 2022 and assisted the City with County filing through October 2022.

The well drilling bid documents were advertised in November 2022 and bids were opened in January 2023 with the awarded contractor mobilizing to the well site in April 2023. Well construction was recently completed in December 2023, approximately two months later than scheduled (and is part of the need for this request).

The well equipping design is also currently underway and will be completed early summer 2024 with planned bid period in August 2024 and construction complete in winter 2026.

Amendment Summary
154
The following paragraphs present the basis for Hazen’s amendment request. Hazen respectfully requests a total contract amendment of $30,406.22 as outlined by the Tasks below.

Task 01 – Project Management
The amendment request for Project Management is the result of the additional effort required for coordination with Kyle Groundwater and the City regarding the well drilling issues including budget discussions with the City, budget updates and tracking, and preparation of this amendment. The project management effort was 8 additional hours.

We are requesting an additional $2,080 for Task 01 representing the additional project management effort related to the well drilling issues and required coordination.

Task 05 – Plans, Specifications, and Cost Estimate for Drilling This amendment request is for additional geotechnical services budget because of updated rate schedule for our subcontractor Leighton Consulting, Inc. from the original proposal which assumed the geotechnical investigation would occur in 2019; these services will now be completed in early 2024.

Hazen did not request a budget increase with Amendment #2 because we believed we would be able to absorb the fee increase from the original contract; however, at this point we will not be able to absorb both contract increases.

We are requesting $4,991 for Task 05 representing the additional cost for geotechnical investigation services.

Task 08 – Drilling Inspection, Hydrogeological Services, and Water Quality Testing This amendment request is the result of several well drilling items for a total of $23,335.22:

Aquifer Zone Testing (Subtask 8.16) – during the well drilling and as part of the zone seal verification process, multiple zones exhibited leaks, indicating there was no seal. Specifically for Zone 3, after three failed attempts at an upper seal, the seal was drilled out and reset at a deeper depth. Additionally, the well driller had issues with airlifting and pumping. Both issues required our subcontractor performing drilling inspections, Kyle Groundwater, to return and spend an additional 43.5 hours of inspection time.

We are requesting $5,448 for the additional time required for inspection services. These services were required because of issues with the well driller’s discharge solids settlement approach which limited the duration of the test to less than required in the specifications.

Chemical Development (Subtask 8.17) – this additional scope item was requested by the City and is a process used to break down the drilling fluid polymer chains using high concentrations of sodium hypochlorite. This process helps to more fully remove the drilling additives and improve long term capacity and efficiency of the well. We are requesting $5,468 which represents 44 hours of Kyle Groundwater’s time and expense for development of the process plan and inspection required for mixing, application, neutralization, and wastewater discharge during the process.

Pump Development (Subtask 8.18) – the well driller had multiple issues with their pump during the well development phase (pump not working properly, sounder getting stuck in pump, fixing leaks, bowl 155
assembly breaking), which after several attempts to resume pumping ultimately resulted in complete shutdown, removal, and repair of the pump. During the multiple pumping attempts, Kyle Groundwater was onsite to observe the final development pumping should it proceed. After the pump was repaired the City, Kyle Groundwater, and Hazen agreed that full time observation of the final development pumping was necessary. All these events resulted in 81.5 hours of additional observation time at a total of $9,541.72.

Mini Constant Rate Test and Spinner Survey (Subtask 8.19) – the well driller was not able to complete a spinner survey at the conclusion of the 24-hour Constant Rate Test (CRT) because of mechanical issues (tape on the bottom of the access tube). Kyle Groundwater had to return the following day and observe a “mini” CRT and Spinner Survey resulting in 17.0 additional hours of labor and a total of $2,048.

Well Disinfection (Subtask 8.20) – the well driller communicated to Kyle Groundwater that disinfection was planned for November 29th; however, when Kyle Groundwater arrived on-site, the well driller wanted to perform other site tasks before the disinfection. Ultimately, the disinfection didn’t occur until November 30th requiring Kyle Groundwater to return to the site to observe the disinfection resulting in 6.75 additional hours and totaling $829.50.

Task Summary
Table 1: Amendment Request Summary
Current Budget
Amendment
Amount Revised Budget
Task 01 – Project Management and Quality Control $73,581.00 $2,080.00 $75,661.00 Task 05 – Plans, Specifications, and Cost Estimate for
Drilling $42,670.00 $4,991.00 $47,661.00
Task 08 – Drilling Inspection, Hydrogeological Services, and Water Quality Testing $80,909.50 $23,335.22 $104,244.72 Total $30,406.22
The Hazen team is deeply vested in this critical project and truly appreciates the working relationship we’ve developed with the City’s team..

Thank you for your consideration of this amendment request. Please contact Jerimy at [email protected] / 559-285-7557, or Marc Solomon at [email protected] / 707-696-9318 if you have any questions or require additional information.
156
Hazen and Sawyer • 2151 River Plaza Drive, Suite 225 • Sacramento, CA 95833 • 916.571.7958 Memorandum
December 19, 2023
To: Arturo Vela, PE
City of Banning Public Works Director
From: Jerimy Borchardt, PE
Cc: Marc Solomon, PE
Re: Geohydrologic and Engineering Services for Well C-8 Request for Amendment On behalf of Hazen and Sawyer responsible for assisting the City with the planning, coordination, and preparation of bid documents for the drilling, development, and equipping of Well C-8 thank you for the City’s collaborative working relationship. As we recently discussed, there have been few items associated with the Well C-8 project which have impacted the Hazen team; below is a summary.

Background
Our Well C-8 contract was executed in August 2018 with an estimated construction completion in June 2020. The current schedule estimates construction completion in early 2026.

After the original siting study was delivered in early summer 2019, a new well location was identified by the City in the spring of 2020. After coordination efforts to confirm the viability of the new location, the Hazen team prepared a revised well siting study, including conceptual site layouts, for the new location.

Hazen next prepared a draft IS/MND, the final IS/MND, and draft NOI was delivered in December 2021.

Overall, the document development and subsequent review period took approximately ten months longer than anticipated at contract execution. Hazen prepared the response and submitted the final MND to the City in July 2022 and assisted the City with County filing through October 2022.

The well drilling bid documents were advertised in November 2022 and bids were opened in January 2023 with the awarded contractor mobilizing to the well site in April 2023. Well construction was recently completed in December 2023, approximately two months later than scheduled (and is part of the need for this request).

The well equipping design is also currently underway and will be completed early summer 2024 with planned bid period in August 2024 and construction complete in winter 2026.

Amendment Summary
The following paragraphs present the basis for Hazen’s amendment request. Hazen respectfully requests a total contract amendment of $30,406.22 as outlined by the Tasks below. 157
December 19, 2023
Arturo Vela, PE
City of Banning Public Works Director Page 2
Task 01 – Project Management
The amendment request for Project Management is the result of the additional effort required for coordination with Kyle Groundwater and the City regarding the well drilling issues including budget discussions with the City, budget updates and tracking, and preparation of this amendment. The project management effort was 8 additional hours.

We are requesting an additional $2,080 for Task 01 representing the additional project management effort related to the well drilling issues and required coordination.

Task 05 – Plans, Specifications, and Cost Estimate for Drilling This amendment request is for additional geotechnical services budget because of updated rate schedule for our subcontractor Leighton Consulting, Inc. from the original proposal which assumed the geotechnical investigation would occur in 2019; these services will now be completed in early 2024.

Hazen did not request a budget increase with Amendment #2 because we believed we would be able to absorb the fee increase from the original contract; however, at this point we will not be able to absorb both contract increases.

We are requesting $4,991 for Task 05 representing the additional cost for geotechnical investigation services.

Task 08 – Drilling Inspection, Hydrogeological Services, and Water Quality Testing This amendment request is the result of several well drilling items for a total of $23,335.22:

Aquifer Zone Testing (Subtask 8.16) – during the well drilling and as part of the zone seal verification process, multiple zones exhibited leaks, indicating there was no seal. Specifically for Zone 3, after three failed attempts at an upper seal, the seal was drilled out and reset at a deeper depth. Additionally, the well driller had issues with airlifting and pumping. Both issues required our subcontractor performing drilling inspections, Kyle Groundwater, to return and spend an additional 43.5 hours of inspection time. We are requesting $5,448 for the additional time required for inspection services. These services were required because of issues with the well driller’s discharge solids settlement approach which limited the duration of the test to less than required in the specifications.

Chemical Development (Subtask 8.17) – this additional scope item was requested by the City and is a process used to break down the drilling fluid polymer chains using high concentrations of sodium hypochlorite. This process helps to more fully remove the drilling additives and improve long term capacity and efficiency of the well. We are requesting $5,468 which represents 44 hours of Kyle Groundwater’s time and expense for development of the process plan and inspection required for mixing, application, neutralization, and wastewater discharge during the process.

Pump Development (Subtask 8.18) – the well driller had multiple issues with their pump during the well development phase (pump not working properly, sounder getting stuck in pump, fixing leaks, bowl assembly breaking), which after several attempts to resume pumping ultimately resulted in complete shutdown, removal, and repair of the pump. During the multiple pumping attempts, Kyle Groundwater 158
December 19, 2023
Arturo Vela, PE
City of Banning Public Works Director Page 3
was onsite to observe the final development pumping should it proceed. After the pump was repaired the City, Kyle Groundwater, and Hazen agreed that full time observation of the final development pumping was necessary. All these events resulted in 81.5 hours of additional observation time at a total of $9,541.72.

Mini Constant Rate Test and Spinner Survey (Subtask 8.19) – the well driller was not able to complete a spinner survey at the conclusion of the 24-hour Constant Rate Test (CRT) because of mechanical issues (tape on the bottom of the access tube). Kyle Groundwater had to return the following day and observe a “mini” CRT and Spinner Survey resulting in 17.0 additional hours of labor and a total of $2,048.

Well Disinfection (Subtask 8.20) – the well driller communicated to Kyle Groundwater that disinfection was planned for November 29th; however, when Kyle Groundwater arrived on-site, the well driller wanted to perform other site tasks before the disinfection. Ultimately, the disinfection didn’t occur until November 30th requiring Kyle Groundwater to return to the site to observe the disinfection resulting in

6.75 additional hours and totaling $829.50.

Task Summary
Table 1: Amendment Request Summary
Current Budget
Amendment
Amount Revised Budget
Task 01 – Project Management and Quality Control $73,581.00 $2,080.00 $75,661.00 Task 05 – Plans, Specifications, and Cost Estimate for
Drilling $42,670.00 $4,991.00 $47,661.00
Task 08 – Drilling Inspection, Hydrogeological
Services, and Water Quality Testing $80,909.50 $23,335.22 $104,244.72 Total $30,406.22
The Hazen team is deeply vested in this critical project and truly appreciates the working relationship we’ve developed with the City’s team..

Thank you for your consideration of this amendment request. Please contact Jerimy at [email protected] / 559-285-7557, or Marc Solomon at [email protected] / 707-696-9318 if you have any questions or require additional information.
159

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Doug Schulze, City Manager
MEETING DATE: March 12, 2024
SUBJECT: Consideration of Resolution 2024-44, 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 to Operate within the Community
RECOMMENDATION:
(1) That the Successor Agency adopt Resolution 2024-02 SA; and (2) That the City Council adopt Resolution 2024-44.

BACKGROUND:

The Community Revitalization and Investment Authority (CRIA) in California, established by Assembly Bill 2 in 2015, offers several benefits for designated districts. CRIA works by enabling tax increment financing to fund projects within a designated Revitalization Area. As developers and businesses improve properties in the investment area, the higher appraised value results in greater property tax assessment. This increased revenue is then allocated directly to the CRIA for use only within the investment area. The CRIA can be created by a resolution of the governing body of a city or county, and once formed, it can conduct a variety of activities, including funding infrastructure improvements, affordable housing projects, seismic retrofits, property acquisition, tenant improvements, and undertaking brownfield cleanup
The CRIA is intended to provide a source of tax increment funding for infrastructure and housing in disadvantaged communities, and it does not require a public vote for creation or issuance of bonds. The CRIA's sponsoring jurisdiction can provide a loan to the CRIA in the interim period while the revenue is generated. Overall, the CRIA offers a way to revitalize areas without raising taxes, providing a sustainable way to fund much-needed projects.

Some of the key benefits include:

1. Increased Funding for Affordable Housing: CRIAs increase funding for and production of affordable housing in disadvantaged communities, with a mandatory affordable housing set-aside of 25%.

2. Powers of Eminent Domain: CRIA's entail the powers of eminent domain for the first 12 years, which can be used to acquire private property for public use with fair compensation to the property owner.

3. No Public Vote Required: Unlike some other financing districts, CRIAs do not require a public vote for creation or issuance of bonds, although they are subject to a majority protest at adoption.

4. Tax Increment Financing: CRIA's use tax increment funds to finance projects within a designated 160
Revitalization Area, providing a mechanism for funding community improvements and economic development.

5. Job Creation and Training: The CRIA program can also lead to job creation and training opportunities through community revitalization and cleanup efforts, as evidenced by grants from the EPA's Brownfields Jobs Training Program.

The process for creating a Community Revitalization and Investment Authority (CRIA) in California involves several steps, as outlined by the California Government Code and various local government resources:

1. Feasibility Analysis: Conduct a feasibility analysis to determine if the creation of a CRIA is suitable for the community. This process has been completed.
2 . Community Outreach: Hold public informational meetings and provide notice of informational meetings to property owners and residents, typically at least 10 days prior to the meeting. City Council has previously completed this process. As a result, Council directed the City Manager to discuss creation of a joint City/County District with Riverside County. Meetings were held with Riverside County staff from 5th District Supervisor Gutierrez' office as well as staff from the County Executive's Office. Riverside County staff expected some additional incentive from the City. The conditions required by the County for partnership in the CRIA would render the CRIA financially infeasible for the City.

3. Resolution by Governing Body: A single-member CRIA (City only) may be created by resolution of the governing body. This is the next step required in the process, if Council desires to proceed.

4. Adoption of Revitalization Plan: Once formed, the CRIA board adopts a Revitalization Plan, which outlines the activities the CRIA will undertake, such as funding infrastructure improvements, affordable housing projects, seismic retrofits, property acquisition, tenant improvements, and undertaking brownfield cleanup. CRIA funds could be used for implementation of the recently adopted Downtown Revitalization and Complete Streets Plan.

5. Board Composition: The CRIA is governed by a board, typically made up of at least 3 members of a legislative body and 2 public members.

JUSTIFICATION:

A Community Revitalization Investment Authority (CRIA) will provide tools to achieve City Council goals of cleaning up the Ramsey Street corridor and creating a vibrant downtown.

FISCAL IMPACT:

CRIA funding capacity is estimated in the range of $23 to $46 million in present value terms.

ALTERNATIVES:

1. Approve Resolutions as recommended;

2. Do not approve Resolutions.

ATTACHMENTS:

1. Resolution 2024-44, CRIA Formation.docx

2. Resolution 2024-02 SA, CRIA Formation.docx

3. Banning CRIA Next Steps 2-13-2024.pdf
161
Resolution 2024-44

RESOLUTION 2024-44

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

CREATING A COMMUNITY REVITALIZATION INVESTMENT AUTHORITY TO OPERATE

WITHIN THE COMMUNITY, AND MAKING CERTAIN FINDINGS AND TAKING CERTAIN

ACTIONS IN CONNECTION THEREWITH
WHEREAS, the California Legislature approved Assembly Bill 2 (Stats. 2015, c. 319, as amended), and thereby enacted Part 1 (commencing with Section 62000) of Division 4 of Title 6 of the Government Code (the “CRIA Law”) to create a planning and financing tool for local governments to address areas characterized by unsafe or unhealthy buildings in which persons live or work, conditions that make the viable use of buildings or parcels difficult, high business vacancies and lack of employment opportunities, and inadequate public improvements, water, or sewer utilities; and
WHEREAS, the CRIA Law authorizes cities to create a public body, corporate and politic known as a “Community Revitalization Investment Authority” (“CRIA”) to operate in the community, and to grant the CRIA jurisdiction to carry out a community redevelopment revitalization plan (“Plan”) within a community revitalization investment area (“Plan Area”); and WHEREAS, a CRIA may be created by the adoption of a resolution by the legislative body of a city, and the composition of the CRIA’s governing board is comprised of three (3) appointed members of the legislative body, and two (2) appointed members of the public that live or work within the Plan Area; and,
WHEREAS, a CRIA is an “agency” as described in subdivision (b) of Section 16 of the California Constitution for purposes of receiving tax increment revenues, with the powers and duties set forth in Government Code Section 62002, which include, but are not limited to: providing funding to rehabilitate, repair, upgrade, or construct infrastructure; providing for low- and moderate-income housing in accordance with Part 2 (commencing with Section 62100) of Division 4, Title 6 of the Government Code; remediating or removing a release of hazardous substances pursuant to the Polanco Redevelopment Act; providing for seismic retrofits or existing buildings in accordance with applicable laws and regulations; acquiring and transferring real property; issuing bonds in conformity with Article 4.5 (commencing with Section 53506) and Article 5 (commencing with Section 53510 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code; borrowing money, receiving grants, or accepting financial or other financial assistance from the state or federal governments, or any other public agency or private lending institution; making loans or grants for owners of tenants to improve, rehabilitate, or retrofit buildings or structures within the Plan Area; and providing direct assistance to businesses within the Plan Area in connection with new or existing facilities for industrial or manufacturing uses; and, WHEREAS, following its creation, a CRIA is required to adopt a Plan that includes the elements set forth in Section 62003 of the Government Code, and a CIRA may carry out the adopted Plan within a Plan Area that satisfies the conditions and requirements set forth in subsections (d) or (e) of Section 62001 of the Government Code; WHEREAS, a CRIA’s adoption of a Plan must be considered at three (3) public hearings held at least thirty (30) days apart, and such public hearings must comply with the procedural and substantive requirements set forth in Section 62004 of the Government Code; 162
Resolution 2024-44

WHEREAS, a CRIA formed by a city that created a redevelopment agency that was dissolved pursuant to Part 1.85 (commencing with Section 34170) of Division 24 of the Health & Safety Code may not become effective until the successor agency of the former redevelopment agency has adopted findings of fact that satisfy the requirements of subsection (b)(3) of Section 62001 of the Government Code; and,
WHEREAS, the City of Banning is a California general law city located in Riverside County; and,
WHEREAS, following the dissolution of the Banning Redevelopment Agency, the City has had difficulty remediating blighted conditions existing throughout the community, encouraging private investment and development in the area, attracting new to and retaining existing businesses in the community, funding vital development and infrastructure improvements, and providing affordable housing opportunities and programs for its residents, among other things; and,
WHEREAS, the City Council of the City of Banning therefore desires to create a CRIA to operate within its jurisdiction boundaries to address these issues, to support the economic revitalization of the community, and to address geographical areas within its boundaries marked by deteriorated buildings, conditions that make the viable use of buildings or parcels difficult, high incidents of business vacancies and unemployment, and inadequacies in public improvements and utilities; and,
WHEREAS, contemporaneously with adoption of this Resolution, the Successor Agency of the Former Banning Redevelopment Agency has adopted a Resolution making the findings required by subsection (b)(3) of Section 62001 of the Government Code; and, WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The foregoing recitals are true and correct and incorporated herein this Resolution as substantive findings.

SECTION 2. Pursuant to Part 1 (commencing with Section 62000) of Division 4 of Title 6 of the Government Code, the City Council hereby creates, and authorizes and declares the existence of, a community revitalization investment authority within the City of Banning, to be known as the Banning Community Revitalization Investment Authority, a public body, corporate and politic (the “Authority”).

SECTION 3. The Authority is hereby authorized and directed to prepare and adopt a community revitalization and investment plan that complies with and satisfies the requirements of Section 62003 of the Government Code (“Authority Plan”), and is further authorized and directed to implement and carry out said plan within a community revitalization investment area that complies with and satisfies the requirements of subdivision (d) of Section 62001 of the Government Code (“Authority Plan Area”). The Authority is authorized and directed to take any and all actions necessary and appropriate to identify, prepare, and adopt the Authority Plan and Authority Plan Area.

SECTION 4. The City Council hereby appoints the following three (3) members of the City Council to the Governing Board of the Authority Governing Board (“City Council Members”):
163
Resolution 2024-44

Member 1:

Member 2:

Member 3:

SECTION 5. The City Council Members shall appoint two (2) public members to the Governing Board of the Authority, and such persons shall either reside in or work within the Authority Plan Area (“Public Members”). City staff is hereby authorized and directed to prepare a draft Authority Plan (“Draft Plan”) for consideration by the Authority, and between publication of the notice for the first public hearing required by subsection (c) of Section 62004, and the date of the first public hearing on the Authority Plan, the City Council Members shall accept nominations for and make appointments of the Public Members to the Governing Board of the Authority. Such nominations and appointments of the Public Members shall be completed in the manner directed by the City Council Members. The Authority may, on its own initiative, or it shall upon the direction of the City Council, adopt rules and regulations governing the manner and method of future appointments to the Governing Board of the Authority, as well as the terms of office of members of the Governing Board of the Authority.

SECTION 6. Following its adoption of a Plan in accordance with Section 62004 of the Government Code, the Authority is hereby authorized and empowered to do all of the actions and activities authorized by the CRIA Law, including but not limited to those set forth in Section 62002 of the Government Code.

SECTION 7. This Resolution is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that the actions authorized by this Resolution will not have an impact on the environment, in that the Authority’s adoption of the Authority Plan and Authority Plan Area are subject to future discretion of the Governing Board of the Authority, and the Authorities contents and scope of the Authority Plan and Authority Plan Area are too speculative at this time to enable environmental review.

SECTION 8. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 12th day of March 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
164
Resolution 2024-44

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita R. Young, City Attorney
Richards, Watson & Gershon
165
Resolution 2024-44

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-44, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 12th day of March 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
166
Resolution 2024-02 SA

RESOLUTION 2024-02 SA

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER BANNING

REDEVELOPMENT AGENCY MAKING CERTAIN FINDINGS RELATING TO THE CITY OF BANNING’S CREATION OF A COMMUNITY REVITALIZATION INVESTMENT AUTHORITY

TO OPERATE WITHIN THE COMMUNITY
WHEREAS, the California Legislature approved Assembly Bill 2 (Stats. 2015, c. 319, as amended), and thereby enacted Part 1 (commencing with Section 62000) of Division 4 of Title 6 of the Government Code (the “CRIA Law”) to create a planning and financing tool for local governments to address areas characterized by deteriorated buildings in which persons live or work, conditions that make the viable use of buildings or parcels difficult, high business vacancies and lack of employment opportunities, and inadequate public improvements, water, or sewer utilities; and
WHEREAS, the CRIA Law authorizes cities to create a public body, corporate and politic known as a “Community Revitalization Investment Authority” (“CRIA”) to operate in the community, and to grant the CRIA jurisdiction to carry out a community redevelopment revitalization plan (“Plan”) within a community revitalization investment area (“Plan Area”); and WHEREAS, a CRIA formed by a city that created a redevelopment agency that was dissolved pursuant to Part 1.85 (commencing with Section 34170) of Division 24 of the Health & Safety Code (the “Dissolution Law”) may not become effective until the successor agency of the former redevelopment agency has adopted findings of fact that satisfy the requirements of subsection (b)(3) of Section 62001 of the Government Code; and WHEREAS the City of Banning has heretofore created a redevelopment agency, known as the Banning Redevelopment Agency (“Former Agency”), which was dissolved by virtue of the Dissolution Law, and the Successor Agency to the Former Agency (“Successor Agency”) is charged with overseeing and effectuating the “wind down” of the Former Agency’s affairs in accordance with statutory mandates; and
WHEREAS, the City Council of the City of Banning will, contemporaneously with adoption of this Resolution, consider the creation of the Banning Community Revitalization Investment Authority (“Authority”) pursuant to the CRIA Law; and
WHEREAS, the Successor Agency desires to facilitate the creation and effectiveness of the Authority by adopting this resolution making the findings set forth in subsection (b)(3) of Section 62001 of the Government Code; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE FORMER BANNING REDEVELOPMENT AGENCY HEREBY FINDS, DECLARES, AND RESOLVES as follows:

SECTION 1. The foregoing recitals are true and correct and incorporated herein this Resolution as substantive findings.

SECTION 2. Pursuant to subsection (b)(3) of Section 62001, and based upon staff presentations and reports, public testimony, and other matters presented during its consideration of this matter, the Successor Agency hereby makes the following findings of fact:
167
Resolution 2024-02 SA

(A) The Successor Agency has received a finding of completion from the Department of Finance pursuant to Section 34179.7 of the Health & Safety Code, with such finding of completion dated April 13, 2013;
(B) Neither the City or the Successor Agency is currently or has been a named plaintiff in any litigation against the state in which assets of the Former Agency are the subject, and accordingly no assets of the Former Agency which are the subject of such litigation will be used to benefit any efforts of the Authority, and further that no assets of the Former Agency which may be the subject of any such future litigation will be used to benefit any efforts of the Authority unless such litigation has been resolved by entry of a final judgment by any court of competent jurisdiction and any appeals have been exhausted; and (C) The Successor Agency has complied with all orders of the State Controller pursuant to Section 34167.5 of the Health & Safety Code, as such orders and the Successor Agency’s compliance therewith are evidenced by the State Controller’s Asset Transfer Review for the City of Banning.

SECTION 3. The Secretary of the Successor Agency shall certify to the adoption of this Resolution, and it shall become effective immediately upon approval.

PASSED, APPROVED AND ADOPTED this 12th day of March 2024.

Alberto Sanchez, Chairperson
Banning Successor Agency
ATTEST:

Caroline Patton, Secretary
Banning Successor Agency

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita Young, Agency Counsel
Richards, Watson & Gershon
168
Resolution 2024-02 SA

CERTIFICATION:

I, Caroline Patton, Secretary of the Banning Successor Agency, do hereby certify that the foregoing Resolution 2024-02 SA, was duly adopted by the Successor Agency of the City of Banning, California, at a regular meeting thereof held on the 12th day of March 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Secretary
Banning Successor Agency
169
Prepared by:

Kosmont Companies
Community Revitalization and
Investment Authority (CRIA)
Next Steps for Implementation
February 13, 2024
170
Executive Summary
Communicating in a Digital World
2 • City of Banning has potential for private sector investment and development across multiple opportunity site areas in the City
• Investments in critical infrastructure and property assemblage, particularly in the Downtown / Ramsey Street area, are needed to support investment and economic revitalization • A public/private financing strategy that includes Tax Increment Financing (TIF) financing in the form of a Community Revitalization and Investment Authority (CRIA) has been evaluated by staff and consulting firm Kosmont to be well-suited to capture value from new development to fund acquisition and infrastructure costs, particularly due to eminent domain authority of CRIA • CRIA funding capacity is estimated in the range of $23 to $46 million in present value terms (25% of funding being set aside for affordable housing uses, or $6 to $11 million) 171
Executive Summary (Continued)
Communicating in a Digital World
3 • City staff and consultants have had multiple discussions with County of Riverside staff and elected officials, and the conditions required by the County for partnership in the CRIA would render the CRIA financially infeasible for the City
• It is thus suggested that the City proceed with CRIA implementation without the County • Purpose of today’s meeting is to formally create the CRIA entity and appoint City Councilmembers to the CRIA governing board
• Next steps include drafting the guiding CRIA Plan, followed by a set of public meetings and hearings to present and vet the CRIA Plan with the community • Completion of the CRIA formation process is anticipated in the Fall of 2024 172
Outline
Communicating in a Digital World
4 1. Overview of TIF / CRIA

2. Banning CRIA Boundary and Strategic Considerations

3. Targeted Property Assembly Activities and Infrastructure Projects

4. Financing and Funding Alternatives

5. Next Steps
173
5 $0M
$100M
$200M
$300M
$400M
$500M
$600M
0 5 10 15 20 25 30 35 40 45 50 55
Baseline Property Value
Property taxes continue to flow to City / County / Schools / Other Taxing Entities as normal New Property Value from
New Development / Rehabilitation
Available to TIF District
Years from District Formation
Assessed
Property Value
(A/V) within
TIF District
Boundaries
New Total
Value After
TIF District
Benefits all
Taxing Entities
Period of New
Development
Note: Illustrative. Conservative 2% growth of existing assessed value (A/V) shown; does not include mark-to-market increases associated with property sales.

What is Tax Increment Financing (TIF) –Not a New Tax
174
CRIA Fundamentals
Communicating in a Digital World
6 Does NOT increase property taxes
Term 30 years to issue debt; 45 years to repay
Public agency separate from the city, county that created it; implements governing Governance document (CRIA Plan) City or County that meets disadvantaged community definitions (median income, unemployment, crime, deterioration) Eligibility
Mandatory public hearings for formation (includes protest opportunity); no public Approvals vote to issue debt Infrastructure, affordable housing, remediation, acquire and transfer property (incl. via eminent domain), loans and grants to property owners and businesses; 25% affordable housing set aside
Eligible
Projects
175
7 CRIA versus Former Redevelopment Agencies
Sample of Similarities and Differences
Former RDA CRIA
Eligible Use of Funds • Infrastructure and affordable housing • Market-rate housing
• Parcel assembly
• Tax and other private business /
developer subsidies, incl. golf courses,
casinos, big box retail, auto malls
• Infrastructure and affordable housing
• Market-rate housing
• Parcel assembly
• Assistance to businesses
• Assistance not allowed for golf courses,
casinos, big box retail, auto malls
Eminent Domain /
Condemnation
• Allowed • Allowed for first 12 years of CRIA lifetime Eligible Areas • Must qualify as “blighted” with loose
definition
• “Blight” defined quantitatively
Governance • City Council or County Board
• School entity participation
• CRIA Board, including public members
(no school entities)
Formation • Vote of governing body, limited ongoing
review
• 3 public hearings, majority protest
opportunity, annual review required,
“check-in” at 15 years post-formation
176
Why are Public Agencies Authorizing TIF Districts?
Communicating in a Digital World
8 1. Return on Investment: Private sector investment induced by district commitment accelerates growth of net fiscal revenues, job creation, housing production, essential infrastructure improvements

2. Ability to attract additional funds / other public money (“OPM”) – tax increment from other entities (county, special districts), federal / state grants / loans (e.g., for TOD, water, housing, parks, remediation)

3. Eminent domain authority (specific to CRIA)
177
TIF Districts in Progress
Statewide
(Partial List)
Fully Formed In Formation Process Under Evaluation
Jurisdiction Purpose
Apple Valley Industrial and housing supportive infrastructure Banning Downtown revitalization, industrial infrastructure Barstow Industrial and housing supportive infrastructure Brentwood Housing, employment, and transit-supportive infrastructure Buena Park Mall reimagination, housing-supportive infrastructure Carson + L.A. County Remediation, affordable housing, recreation Citrus Heights Mall reimagination
Covina Downtown housing and blended use supportive infrastructure Fairfield Downtown, housing, and transit-supportive infrastructure Fresno Downtown, housing and transit-supportive infrastructure Fresno County Industrial and commercial supportive infrastructure Humboldt County Coastal mixed-use and energy supportive infrastructure Indian Wells Housing and tourism-supportive infrastructure Imperial County Industrial, renewable energy, and housing and infrastructure La Verne + L.A. County Housing and transit-supportive infrastructure Long Beach Economic empowerment and affordable housing
Los Angeles (Downtown, San Pedro, other) Affordable housing and transit-supportive infrastructure Los Angeles County Uninc. West Carson Housing / bio-science / tech infrastructure Madera County (3 Districts) Water, sewer, roads and other housing infrastructure Modesto + Stanislaus County Downtown, housing, and recreation infrastructure Mount Shasta + Siskiyou County Rural brownfield mixed-use infrastructure Napa Downtown, housing, tourism supportive infrastructure Oakland Affordable housing and infrastructure
Ontario Industrial and housing infrastructure
Palmdale + L.A. County Housing and commercial infrastructure Pittsburg Housing, commercial, and tech park infrastructure Placentia + Orange County Housing and TOD infrastructure Rancho Cucamonga Blended use and connectivity infrastructure Redlands Education related and blended use infrastructure Redondo Beach + L.A. County Parks / open space, recreation infrastructure Riverside Affordable housing and infrastructure
Sacramento County (Unincorporated) Industrial / commercial supportive infrastructure San Jose Affordable housing and TOD infrastructure
Sanger Housing and commercial supportive infrastructure Santa Cruz Downtown and blended use infrastructure
Santa Fe Springs Blended use infrastructure
Selma Water, sewer, and other housing supportive infrastructure Vacaville Housing and business park infrastructure
Yucaipa Housing and commercial infrastructure 178
CRIA Qualification Analysis
+ Economic Development Opportunity Sites
10 Source: City of Banning, ESRI (2023)
• Income
• Unemployment
• Crime
• Planned and proposed projects
179
Draft CRIA Boundary
Refined Iteratively Over the Last 12 Months
11 Source: City of Banning, Riverside County Auditor-Controller (2023) • Approx. 3,226 acres (22% of
Citywide acreage)
• Approx.$766.9M in existing
assessed value (32.7% of
Citywide A/V)
• (100% within the City of Banning)
180
CRIA Boundary Land Uses
12 Source: City of Banning, General Plan and Zoning Map (2021) 181 13 Potential Targeted Improvements
• Acquisition / assemblage of underutilized parcels for redevelopment, particularly along Ramsey Street
• Development off-site infrastructure (e.g., water / sewer / storm drain, other utilities) • Roadway, streetscape improvements
• Affordable housing
• Parks and open space
182
14 Future Development Assumptions
Absorption Assumed over 30 Years
Note: AV at buildout values in current 2024 dollars.

Source: City of Banning Planning and Economic Development Staff, CoStar (2023) Area # SF or Units Estimated
AV Factor
Estimated
Total AV at Buildout
Residential 600 units $325,000 per unit $195 million
Industrial 3,000,000 SF $185 PSF $555 million
Cannabis/Flex Space 65,000 SF $165 PSF $11 million
Grandave Studios 225,000 SF $165 PSF $37 million
Retail 80,000 SF $250 PSF $20 million
Total New Development Assumed within CRIA Study Area $818 million 183
15 Potential Partner Agencies
Property Tax Distribution
• Primary non-school recipients and potential
contributors of property tax are City of
Banning and County of Riverside
• City receives approx. 16% of every $1 collected
in property taxes within the CRIA Study Area
 City additionally receives equivalent of approx.
11% of property tax in lieu of MVLF, also
available to CRIA
• County receives approx. 11%
 County additionally receives equivalent of
approx. 9% of property tax in lieu of MVLF, also
available to CRIASchool-related entities
cannot participate
Tax Rate Area (TRA) weighted average distributions for CRIA Study Area shown. Post-ERAF (Education Revenue Augmentation Fund) distribution.

Parcels within former Redevelopment Agency Project Areas are subject to RPTTF revenue flow until expiration of ROPS obligations.

Source: Riverside County Auditor Controller (2023)
City
16%
County
11%
Other Entities /
Schools (not
eligible)
73%
Weighted Average Property Tax Distribution
within CRIA Study Area
184
16 Scenario Analysis Summary Matrix
Boundary Scenario #2
CRIA Revenue
Contribution Scenario
Year 5
Accumulated
Revenue +
Bonding
Capacity*
Year 10
Accumulated
Revenue +
Bonding
Capacity*
45-Year
Present Value
@ 3%
25% Affordable
Housing
Set-Aside
A) City 25% Scenario $2,428,000 $7,593,000 $22,950,000 $5,738,000 B) City 50% Scenario $5,501,000 $15,831,000 $45,900,000 $11,475,000 City contribution includes contribution from both AB8 + MVLF in-lieu property tax. * Bonding capacity assumes Year 5 is first bond issuance for CRIA. “Year 5 means fifth year of revenue following district formation. Net proceeds shown. Bondable revenue assumes $25,000 admin charge, 150% debt service coverage. 6.5% interest rate; 30-year term. Proceeds net of 2% underwriter's discount, estimated reserve fund (maximum annual debt service), costs of issuance estimated at $350,000.

Source: Kosmont Financial Services (KFS), registered municipal advisor. 185
17 Nominal vs. Present-Value Dollars
Revenue Allocation
Scenarios
Present Value Dollars
(3% Discount Rate)
Nominal 2024
Dollars
City 25% Scenario $23M $52M
City 50% Scenario $46M $103M
186
18 Potential Cash Flow / Debt Issuance Approaches
• Kosmont Financial Services is in active discussions with public finance underwriters regarding CRIA debt issuances in other jurisdictions
• Underwriters have proposed several approaches for the leverage of CRIA tax increment for accelerated debt issuance (e.g., 2-3 years from CRIA formation), for example:
a) CRIA increment only
b) Overlapping CRIA and CFD (CFD Backstop) – landowners / developers must be willing to pay CFD special taxes in the short term (e.g., 5-10 years) until CRIA increment reaches a level to cover debt service
c) CRIA increment with City or County general fund backstop • There are advantages and disadvantages with each approach (e.g., upfront proceeds available, public agency risk, cost of capital)
• Additional alternatives are available if private sector partners (e.g., landowners / developers are willing to advance infrastructure funding in exchange for reimbursement from CRIA proceeds)
187
19 CRIA Helps Attracts Other Funding
Federal & State Sources
 Cap-and-Trade / HCD grant & loan
programs (AHSC, IIG, TCC)
 Prop 1 bond funds / Prop 68
 SB 1 Road funds
 SB 2 Transfer Tax funds
 Federal DOT / EPA / EDA funding
Other Potential Funding Sources
 Development Agreement / impact fees
 Benefit assessments (e.g., contribution from CFD)
 Private investment
Communities with CRIAs are more likely to win state grant funding sources 188
City “Return on Investment”
20 • Implementation of regional economic development policy objectives, including affordable housing, community revitalization in a Disadvantaged Community, quality of life improvement • Jobs and wages from both temporary construction activities and ongoing operation of new development, including 2,400+ permanent new jobs
• Acceleration of development and related fiscal revenues: $24.1 million in present value fiscal benefit for City General Fund over 45 years, net of tax increment contribution to EIFD, and net of estimated fiscal expenditures (45-year, 25% City allocation example) 189
21 Fiscal ROI – Summary of Potential Net Fiscal Impacts Net of 25% Increment Contribution to Banning CRIA
Annual
(Stabilized
Year 20)
Year 0-45
Nominal
Total
Year 0-45
Present Value
@ 3.0%
City of Banning
Estimated Fiscal Revenues (Net of CRIA Allocation) $4,445,310 $205,601,200 $89,224,300 Estimated Fiscal Expenditures $3,083,000 $158,519,500 $65,168,600 Estimated Net Fiscal Impact to City $1,362,310 $47,081,700 $24,055,700 190
22 Potential CRIA Formation Schedule
 Tax increment allocation begins fiscal year following district formation  Debt issuance, if desired, would occur after a stabilized level of tax increment has been established Target Date Task
TODAY: Feb 13, 2024 a) City adopts resolution creating the CRIA entity Feb-Mar 2024 b) CRIA drafts Community Revitalization and Investment Plan (CRIA Plan) Apr 2024 c) Distribute draft CRIA Plan to property owners and residents within CRIA boundary May 2024 d) Initial CRIA public meeting to present the draft CRIA Plan to the public and property owners Jul 2024 e) CRIA Public Hearing #1 to hear written and oral comments but take no action Jul or Aug 2024 f) City Council considers resolution approving the CRIA Plan and allocation of property tax increment to CRIA
Aug 2024 g) CRIA Public Hearing #2 to hear additional comments and take action to modify or reject Plan, if appropriate
Sept 2024 h) CRIA Public Hearing #3 to consider oral and written protests and take action to terminate proceedings or adopt CRIA Plan by ordinance
191
23 Next Steps / Action Items
• For Tonight:
a) City Council to consider Resolution forming the CRIA entity b) Successor Agency to consider Resolution making findings of pre-requisites to CRIA formation
• Staff and consultants to prepare draft CRIA Plan, distribute publicly via mail and website, convene a public meeting of the CRIA to present the draft CRIA Plan (targeting May 2024) 192
24 THANK YOU
Questions?
Kosmont Companies
1601 N. Sepulveda Blvd. #382 Manhattan Beach, CA 90266
Ph: (424) 297-1070 | Fax: (424) 286-4632
www.kosmont.com
193
Disclaimer
25 The analyses, projections, assumptions, rates of return, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. Project pro forma and tax analyses are projections only.Actual results may differ from those expressed in this analysis.

Discussions or descriptions of potential financial tools that may be available to the City are included for informational purposes only and are not intended to be to be “advice” within the context of this Analysis.

Municipal Advisory activities are conducted through Kosmont Companies’ affiliate, Kosmont Financial Services, which is Registered as a Municipal Advisor with the SEC and MSRB. 194

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM:

PREPARED BY: Lincoln Bogard, Administrative Services Director MEETING DATE: March 12, 2024
SUBJECT: Consideration of Resolutions 2024-45, 2024-03 UA, and 2024-03 SA, Approving and Adopting the Mid-Year 2023-24 Budget for Fiscal Period July 1, 2023 through June 30, 2024, for the City, Utility Authority and Successor Agency
Lincoln Bogard, Administrative Services Director
RECOMMENDATION:
(1) That the City Council adopt Resolution 2024-45; (2) that the Utility Authority Board adopt Resolution 2024-03 UA; and, (3) that the Successor Agency Board adopt Resolution 2024-03 SA.

BACKGROUND:

FY 2023-24 Recommended Mid-Year Budget
See the saved views in the budget report linked above. Click on any segment in any view to drill into that section of results. Below the graphical charts at the top of each view is the numerical data from the dataset shown. Those groupings can also be expanded by clicking on the carats on the left hand side of the rows until the individual line item data is shown.

See attachments for budgeted totals and details.

The General Fund is now expecting a net income of approximately $494 thousand. Staff identified close to $2 million in Community Development fees from previous years that were calculated incorrectly and are being billed at this time. Most developers have been receptive to the billing of fees according to the fee schedules in place at the time. Any fees challenged by the developers will be taken to the consulting firm that performed the original calculations in error. Staff also reappropriated $700 thousand in American Rescue Plan Act funds from a Public Works capital project to Public Safety salaries due to the fact that the project is not expected to achieve appropriation by the deadline of December 31, 2024.

Salaries and Benefits for the General Fund comprise 56.86% of all expenditures due to the fact that activities are primarily service based and labor intensive. Citywide Salaries and Benefits only comprise

20.52% of overall expenses.

JUSTIFICATION:

Not applicable.

FISCAL IMPACT:

No fiscal impact at this time. Current expectations are slightly below the adopted budget. Current estimated net income for the fiscal year after mid-year adjustments is $494,000, down from an adopted budget estimated net income of $621,000 and up from the current budgeted net loss after Council appropriations this year of ($1.29 million).
195
ALTERNATIVES:

1. Adopt Resolutions 2024-38, 2024-03 UA, and 2024-03 SA.

2. Do not adopt Resolutions 2024-38, 2024-03 UA, and 2024-03 SA, and provide direction to staff.

ATTACHMENTS:

1. Resolution 2024-45, Mid Year Budget Adjustments.docx

2. Exhibit A - FY 2023-24 Mid-Year Budget Reports

3. Exhibit B - Classification and Compensation

4. Exhibit C - City of Banning Full Cost Allocation Plan FY 23-24

5. Resolution 2024-03 UA, Mid Year Budget Adjustments.docx

6. Resolution 2024-03 SA, Mid Year Budget Adjustments.docx 196
Resolution 2024-45

RESOLUTION 2024-45

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AND ADOPTING THE MID-YEAR 2023-2024 BUDGET FOR THE FISCAL PERIOD JULY 1, 2023 THROUGH JUNE 30, 2024, AND MAKING APPROPRIATIONS TO MEET

EXPENSES APPROVED THEREIN
WHEREAS, the Administrative Services Director prepared the Mid-Year budget plan for Fiscal Year 2023-24 which set forth all of the expected revenue of the City of Banning, and the recommended appropriations to meet the operating and capital expenses for all City of Banning funds; and
WHEREAS, the Mid-Year budget for Fiscal Year 2023-24 of the City of Banning has been submitted to this Council, and said budget has been considered and, is in form and substance satisfactory to this Council; and
WHEREAS, the City departments may not exceed their appropriations by character of expense, with character of expense being defined as personnel services, services and supplies, capital outlay, debt service and interfund transfers, without the consent of the City Manager; and WHEREAS, the City may transfer appropriations, between departments and within their respective funds, as long as those appropriations do not exceed their fund total unless approved by Council; and
WHEREAS, the City departments may not hire in excess of the approved number of positions in the job classification as indicated by the budget detail without the consent of the City Council. During Mid-Year the City wishes to add a Deputy Water/Wastewater Director, Deputy Electric Director and Community Development Operations Manager in addition to Re-funding a Budget and Financial Analyst all to be effective March 4, 2024; and WHEREAS, certain capital projects, programs and commitments have been approved for appropriation in Fiscal Year 2022-2023, the Administrative Services Director shall be authorized to carry over appropriation budgets for these items as approved by the City Manager; and WHEREAS, it is essential that the City of Banning adopt a budget plan establishing the revenues and expenditures for all of its governmental, proprietary and fiduciary funds in accordance with the adopted budget and fiscal policies.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council approves and adopts the Mid-Year Budget for the City of Banning, for fiscal period July 1, 2023 through June 30, 2024, as summarized in the fund summary and in the form on file with the City Clerk.

SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 197
Resolution 2024-45

PASSED, APPROVED AND ADOPTED this 12th day of March 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita R. Young, City Attorney
Richards, Watson & Gershon
198
Resolution 2024-45

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-45, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 12th day of March 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
199
Resolution 2024-45

EXHIBIT A
FY 2023-24 Mid-Year Budget Reports
200
Resolution 2024-45

EXHIBIT B
Classification and Compensation
201
Resolution 2024-45

EXHIBIT C
Full Cost Allocation Plan FY 23-24
202
Recommended Budget Net Income
Funds Fund Type Fund Description Revenue Expense Grand Total 001 001 - GENERAL FUND GENERAL FUND 32,119,675.00 (31,979,631.00) 140,044.00 002 001 - GENERAL FUND DEVELOPER DEPOSIT FUND 315,229.00 (201,918.00) 113,311.00 005 001 - GENERAL FUND ADMIN ALLOWANCE FUND 250,000.00 (9,697.00) 240,303.00 100 100 - SPECIAL REVENUE FUNDS GAS TAX STREET FUND 1,839,396.00 (3,057,629.00) (1,218,233.00) 101 100 - SPECIAL REVENUE FUNDS MEASURE A STREET FUND 1,276,000.00 (1,874,660.00) (598,660.00) 102 100 - SPECIAL REVENUE FUNDS RMRA (SB1) GAS TAX FUND 748,198.00 (1,589,516.00) (841,318.00) 110 100 - SPECIAL REVENUE FUNDS CDBG FUND 200,000.00 (974,709.00) (774,709.00) 111 100 - SPECIAL REVENUE FUNDS LANDSCAPE MAINTENANCE FUND 150,843.00 (159,387.00) (8,544.00) 132 100 - SPECIAL REVENUE FUNDS AIR QUALITY IMPROVEMENT FUND 49,000.00 (126,400.00) (77,400.00) 140 100 - SPECIAL REVENUE FUNDS ASSET FORFEIT-POLICE FUND 30.00 30.00 148 100 - SPECIAL REVENUE FUNDS SUPPLEMENTAL LAW ENFORCEMENT FUND 7,000.00 (21,884.00) (14,884.00) 150 100 - SPECIAL REVENUE FUNDS STATE PARK BOND ACT FUND (29.00) (29.00) 200 100 - SPECIAL REVENUE FUNDS SPECIAL DONATION FUND 5,550.00 (16,457.00) (10,907.00) 201 100 - SPECIAL REVENUE FUNDS SENIOR CENTER ACTIVITIES FUND 11,454.00 (10,537.00) 917.00 202 100 - SPECIAL REVENUE FUNDS ANIMAL CONTROL RESERVE FUND (29.00) (29.00) 203 100 - SPECIAL REVENUE FUNDS POLICE VOLUNTEER FUND 1,600.00 (987.00) 613.00 222 100 - SPECIAL REVENUE FUNDS ARPA-AMERICA RESCUE PLAN 2,236,984.00 (2,221,191.00) 15,793.00 300 001 - GENERAL FUND CITY ADMINISTRATION DEBT SVC FUND 100.00 100.00 360 300 - FIDUCIARY FUNDS SUN LAKES CFD #86-1 FUND 600.00 600.00 365 300 - FIDUCIARY FUNDS WILSON ST #91-1 ASSMT DBT FUND 1,200.00 1,200.00 370 300 - FIDUCIARY FUNDS AREA POLICE OCMPUTER FUND 0.00 0.00 375 300 - FIDUCIARY FUNDS FAIR OAKS AD #2004-1 DEBT FUND 199,367.00 (194,460.00) 4,907.00 376 300 - FIDUCIARY FUNDS CAMEO HOMES FUND 0.00 0.00
400 400 - CAPITAL IMPROVEMENT FUNDS POLICE FACILITIES DVLP FUND 6,469.00 (194.00) 6,275.00 410 400 - CAPITAL IMPROVEMENT FUNDS FIRE FACILITIES DEVELOPMENT FUND 26,005.00 (211.00) 25,794.00 420 400 - CAPITAL IMPROVEMENT FUNDS TRAFFIC CONTROL FUND 132,001.00 (501,768.00) (369,767.00) 430 400 - CAPITAL IMPROVEMENT FUNDS GENERAL FACILITIES FUND 107,248.00 (167,700.00) (60,452.00) 444 400 - CAPITAL IMPROVEMENT FUNDS WILSON MEDIAN FUND 6,000.00 (137.00) 5,863.00 451 400 - CAPITAL IMPROVEMENT FUNDS PARK DEVELOPMENT FUND 10,865.00 (418,482.00) (407,617.00) 470 400 - CAPITAL IMPROVEMENT FUNDS CAPITAL IMPROVEMENT FUND 0.00 (88.00) (88.00) 600 600 - AIRPORT FUND AIRPORT FUND 155,674.00 (298,857.00) (143,183.00) 610 610 - TRANSIT FUND TRANSIT FUND 8,145,975.00 (9,973,001.00) (1,827,026.00) 660 660 - WATER ENTERPRISE WATER FUND 16,138,764.00 (19,814,415.00) (3,675,651.00) 661 660 - WATER ENTERPRISE WATER CAPITAL FACILITIES FUND 593,000.00 (3,877,364.00) (3,284,364.00) 662 660 - WATER ENTERPRISE IRRIGATION WATER FUND 20,000.00 20,000.00 663 660 - WATER ENTERPRISE BUA WATER CAPITAL PROJECT FUND 0.00 0.00 669 660 - WATER ENTERPRISE BUA WATER DEBT SERVICE FUND 1,991,263.00 (1,914,882.00) 76,381.00 670 670 - ELECTRIC ENTERPRISE ELECTRIC FUND 40,173,025.00 (37,070,884.00) 3,102,141.00 672 670 - ELECTRIC ENTERPRISE RATE STABILITY FUND 100,000.00 100,000.00 673 670 - ELECTRIC ENTERPRISE ELECTRIC IMPROVEMENT FUND 1,500,000.00 (20,648,779.00) (19,148,779.00) 674 670 - ELECTRIC ENTERPRISE ELECTRIC REVENUE BOND PROJECT FUND (72.00) (72.00) 675 670 - ELECTRIC ENTERPRISE PUBLIC BENEFIT FUND 799,121.00 (1,109,753.00) (310,632.00) 678 670 - ELECTRIC ENTERPRISE ELECTRIC REVENUE BOND DEBT SERVICE FUND 2,426,619.00 (2,391,430.00) 35,189.00

203
Recommended Budget Net Income
680 680 - WASTEWATER ENTERPRISE WASTEWATER FUND 6,286,517.00 (5,900,933.00) 385,584.00 681 680 - WASTEWATER ENTERPRISE WASTEWATER CAPITAL FACILITY FUND 256,650.00 (1,024,930.00) (768,280.00) 682 680 - WASTEWATER ENTERPRISE WASTEWATER TERTIARY FUND 488,815.00 488,815.00 683 680 - WASTEWATER ENTERPRISE BUA WASTEWATER CAPITAL PROJECT FUND 0.00 (3,933.00) (3,933.00) 685 680 - WASTEWATER ENTERPRISE STATE REVOLVING LOAN FUND 8,000.00 8,000.00 689 680 - WASTEWATER ENTERPRISE BUA WASTEWATER DEBT SERVICE FUND 290,920.00 (284,150.00) 6,770.00 690 690 - REFUSE FUND REFUSE FUND 1,166,267.00 (1,281,482.00) (115,215.00) 700 700 - INTERNAL SERVICE FUNDS RISK MANAGEMENT FUND 4,088,365.00 (6,190,399.00) (2,102,034.00) 702 700 - INTERNAL SERVICE FUNDS FLEET MAINTENANCE FUND 2,553,290.00 (2,315,779.00) 237,511.00 703 700 - INTERNAL SERVICE FUNDS INFORMATION SYSTEMS SERVICE FUND 1,861,802.00 (2,507,768.00) (645,966.00) 704 700 - INTERNAL SERVICE FUNDS BUILDING MAINTENANCE 873,482.00 (1,559,376.00) (685,894.00) 705 700 - INTERNAL SERVICE FUNDS SUPPORT SERVICES 1,554,084.00 (1,382,990.00) 171,094.00 761 700 - INTERNAL SERVICE FUNDS UTILITY BILLING ADMINISTRATION FUND 2,943,153.00 (2,775,369.00) 167,784.00 805 800 - SUCCESSOR AGENCY FUNDS REDEVELOPMENT OBLIGATION RETIREMENT FUND 2,708,019.00 (2,545,313.00) 162,706.00 810 800 - SUCCESSOR AGENCY FUNDS SUCCESSOR AGENCY LOW/MOD FUND (HOUSING AGENCY) 23,000.00 (155,310.00) (132,310.00) 830 800 - SUCCESSOR AGENCY FUNDS SUCCESSOR AGENCY DEBT SERVICE FUND 2,191,282.00 (2,277,529.00) (86,247.00) 840 800 - SUCCESSOR AGENCY FUNDS BEA CAPITAL PROJECTS FUND 0.00 (43,346.00) (43,346.00) 841 800 - SUCCESSOR AGENCY FUNDS BEA LOW/MOD CAPITAL PROJECTS FUND 0.00 (46.00) (46.00) 850 800 - SUCCESSOR AGENCY FUNDS SUCCESSOR AGENCY ADMIN FUND 0.00 (5,132.00) (5,132.00) 975 INVESTMENT FUNDS INVESTMENT FUND 0.00 0.00
Grand Total 139,037,901.00 (170,880,923.00) (31,843,022.00)

204
Fund Type Total
Fund Type Classification Account Category Current Budget Year-To-Date
(YTD) Actuals
Recommended
Budget
001 - GENERAL FUND Revenue CHARGES FOR SERVICES 1,120,307.00 370,515.27 749,248.00 CONTRIBUTIONS 373,400.00 22,833.73 370,900.00
FINES AND FORFEITURES 138,612.00 59,648.76 241,993.00
INTERGOVERNMENTAL 765,565.00 107,952.06 604,668.00
LICENSES AND PERMITS 2,611,838.00 2,720,697.14 7,005,142.00 MISCELLANEOUS INCOME 2,098,846.00 804,239.36 1,615,660.00 TAXES 16,847,367.00 6,774,517.50 16,376,310.00
TRANSFERS IN 3,654,899.00 1,294,079.30 5,513,483.00
USE OF MONEY AND PROPERTY 81,849.00 132,504.87 207,600.00 Revenue Total 27,692,683.00 12,286,987.99 32,685,004.00 Expense CAPITAL EXPENDITURES (1,892,082.00) (605,368.68) (1,016,277.00) REPAIRS & MAINTENANCE (505,387.00) (150,380.87) (480,110.00) SALARIES & BENEFITS (17,511,008.00) (11,001,161.60) (18,303,335.00) SUPPLIES & SERVICES (9,045,238.00) (2,729,529.17) (9,393,008.00) TRANSFERS OUT (1,539,004.00) (1,495,385.98) (2,998,516.00) Expense Total (30,492,719.00) (15,981,826.30) (32,191,246.00) 001 - GENERAL FUND Total (2,800,036.00) (3,694,838.31) 493,758.00 100 - SPECIAL REVENUE FUNDS Revenue CHARGES FOR SERVICES 4.00 0.00 4.00 CONTRIBUTIONS 11,983.00 9,329.20 10,550.00
INTERGOVERNMENTAL 3,737,259.00 913,517.26 4,386,957.00
MISCELLANEOUS INCOME 109,885.00 32,819.17 19,859.00
TAXES 1,023,543.00 428,256.88 1,123,543.00
TRANSFERS IN 989,676.00 0.00 947,712.00
USE OF MONEY AND PROPERTY 2,646.00 31,062.84 37,430.00
Revenue Total 5,874,996.00 1,414,985.35 6,526,055.00
Expense CAPITAL EXPENDITURES (6,458,408.00) (2,445,697.49) (5,458,408.00) REPAIRS & MAINTENANCE (80,958.00) (27,413.22) (80,958.00) SALARIES & BENEFITS (695,530.00) (455,075.36) (695,530.00) STREET LIGHTING (336,000.00) 0.00 (336,000.00)
SUPPLIES & SERVICES (729,647.00) (298,847.30) (549,490.00) TRANSFERS OUT (930,716.00) (412,097.90) (2,933,029.00)
Expense Total (9,231,259.00) (3,639,131.27) (10,053,415.00) 100 - SPECIAL REVENUE FUNDS Total (3,356,263.00) (2,224,145.92) (3,527,360.00)

205
Fund Type Total
Fund Type Classification Account Category Current Budget Year-To-Date
(YTD) Actuals
Recommended
Budget
300 - FIDUCIARY FUNDS Revenue TAXES 199,367.00 99,451.53 199,367.00 USE OF MONEY AND PROPERTY 46.00 1,969.82 1,800.00
Revenue Total 199,413.00 101,421.35 201,167.00
Expense DEBT SERVICE (188,142.00) (141,548.75) (188,142.00) SUPPLIES & SERVICES (4,168.00) (2,457.36) (4,168.00)
TRANSFERS OUT (7,103.00) (1,075.20) (2,150.00)
Expense Total (199,413.00) (145,081.31) (194,460.00)
300 - FIDUCIARY FUNDS Total 0.00 (43,659.96) 6,707.00
400 - CAPITAL IMPROVEMENT FUNDS Revenue MISCELLANEOUS INCOME 141,045.00 247,027.47 127,340.00 TRANSFERS IN 0.00 0.00 84,248.00
USE OF MONEY AND PROPERTY 5,221.00 72,692.68 77,000.00
Revenue Total 146,266.00 319,720.15 288,588.00
Expense CAPITAL EXPENDITURES (756,177.00) (164,419.87) (763,177.00) SUPPLIES & SERVICES (322,999.00) (296,926.00) (322,999.00) TRANSFERS OUT (10,111.00) (1,202.16) (2,404.00)
Expense Total (1,089,287.00) (462,548.03) (1,088,580.00) 400 - CAPITAL IMPROVEMENT FUNDS Total (943,021.00) (142,827.88) (799,992.00) 600 - AIRPORT FUND Revenue INTERGOVERNMENTAL 20,000.00 7,052.17 0.00 MISCELLANEOUS INCOME 0.00 1.96 0.00
SALES AND SERVICE CHARGES 155,600.00 4,428.35 155,600.00 TRANSFERS IN 0.00 0.00 74.00
USE OF MONEY AND PROPERTY 0.00 4.37 0.00
Revenue Total 175,600.00 11,486.85 155,674.00
Expense CAPITAL EXPENDITURES 6,695.00 0.00 6,695.00
REPAIRS & MAINTENANCE (18,215.00) (11,215.00) (18,215.00) SALARIES & BENEFITS (110,197.00) (64,638.51) (110,197.00) SUPPLIES & SERVICES (95,256.00) (58,735.01) (95,256.00) TRANSFERS OUT (46,869.00) (40,942.38) (81,884.00)
Expense Total (263,842.00) (175,530.90) (298,857.00)
600 - AIRPORT FUND Total (88,242.00) (164,044.05) (143,183.00)

206
Fund Type Total
Fund Type Classification Account Category Current Budget Year-To-Date
(YTD) Actuals
Recommended
Budget
610 - TRANSIT FUND Revenue CHARGES FOR SERVICES 74,230.00 55.00 0.00 INTERGOVERNMENTAL 4,371,071.00 1,142,453.19 1,931,071.00 MISCELLANEOUS INCOME 21,026.00 0.00 21,026.00
OTHER INCOME 12,291.00 0.00 6,061,216.00
SALES AND SERVICE CHARGES 76,100.00 24,790.75 64,662.00 TRANSFERS IN 60,000.00 0.00 60,000.00
USE OF MONEY AND PROPERTY 213.00 9,417.15 8,000.00
Revenue Total 4,614,931.00 1,176,716.09 8,145,975.00
Expense CAPITAL EXPENDITURES (7,979,727.00) (2,029,441.12) (6,479,727.00) REPAIRS & MAINTENANCE (17,517.00) (825.00) (17,517.00)
SALARIES & BENEFITS (1,487,935.00) (843,834.88) (1,487,935.00) SUPPLIES & SERVICES (167,126.00) (38,597.16) (63,721.00) TRANSFERS OUT (794,903.00) (962,050.68) (1,924,101.00)
Expense Total (10,447,208.00) (3,874,748.84) (9,973,001.00) 610 - TRANSIT FUND Total (5,832,277.00) (2,698,032.75) (1,827,026.00) 660 - WATER ENTERPRISE Revenue INTERGOVERNMENTAL 1,550,000.00 253,271.20 1,600,000.00 MISCELLANEOUS INCOME 201,221.00 465,600.80 568,585.00
SALES AND SERVICE CHARGES 11,526,377.00 8,833,097.61 14,118,877.00 TRANSFERS IN 3,416,263.00 0.00 2,027,565.00
USE OF MONEY AND PROPERTY 55,636.00 413,715.92 428,000.00 Revenue Total 16,749,497.00 9,965,685.53 18,743,027.00
Expense CAPITAL EXPENDITURES (9,468,885.00) (2,270,703.36) (9,218,885.00) DEBT SERVICE (1,912,282.00) (1,589,406.26) (1,912,282.00) PURCHASED POWER (1,250,000.00) (478,655.09) (1,250,000.00) REPAIRS & MAINTENANCE (255,079.00) (41,539.69) (255,079.00) SALARIES & BENEFITS (2,900,255.00) (1,609,396.17) (2,900,255.00) SUPPLIES & SERVICES (4,896,459.00) (1,308,425.35) (4,897,387.00) TRANSFERS OUT (4,875,740.00) (890,745.32) (5,172,773.00) Expense Total (25,558,700.00) (8,188,871.24) (25,606,661.00) 660 - WATER ENTERPRISE Total (8,809,203.00) 1,776,814.29 (6,863,634.00)

207
Fund Type Total
Fund Type Classification Account Category Current Budget Year-To-Date
(YTD) Actuals
Recommended
Budget
670 - ELECTRIC ENTERPRISE Revenue INTERGOVERNMENTAL 13,515.00 4,240.00 13,515.00 MISCELLANEOUS INCOME 2,544,130.00 904,899.22 4,302,933.00 SALES AND SERVICE CHARGES 32,040,698.00 22,005,326.95 33,340,698.00 TRANSFERS IN 2,426,619.00 0.00 7,186,619.00
USE OF MONEY AND PROPERTY 39,540.00 145,389.26 155,000.00 Revenue Total 37,064,502.00 23,059,855.43 44,998,765.00 Expense CAPITAL EXPENDITURES (15,999,073.00) (1,225,580.90) (16,404,073.00) DEBT SERVICE (2,390,330.00) (514,271.88) (2,390,330.00) PURCHASED POWER (22,401,893.00) (14,293,603.43) (22,362,000.00) REPAIRS & MAINTENANCE (279,625.00) (118,823.91) (274,625.00) SALARIES & BENEFITS (6,571,904.00) (2,497,112.92) (6,571,904.00) STREET LIGHTING (244,287.00) (103,372.90) (194,287.00)
SUPPLIES & SERVICES (3,047,876.00) (701,210.67) (2,613,876.00) TRANSFERS OUT (6,388,660.00) (1,791,602.68) (10,409,823.00) Expense Total (57,323,648.00) (21,245,579.29) (61,220,918.00) 670 - ELECTRIC ENTERPRISE Total (20,259,146.00) 1,814,276.14 (16,222,153.00) 680 - WASTEWATER ENTERPRISE Revenue MISCELLANEOUS INCOME 7,222.00 79,991.58 91,650.00 SALES AND SERVICE CHARGES 5,698,815.00 4,923,754.31 6,598,815.00 TRANSFERS IN 990,920.00 0.00 291,437.00
USE OF MONEY AND PROPERTY 276,347.00 319,061.92 349,000.00 Revenue Total 6,973,304.00 5,322,807.81 7,330,902.00
Expense CAPITAL EXPENDITURES (5,095,643.00) (219,313.61) (1,745,643.00) DEBT SERVICE (285,807.00) (262,945.00) (285,807.00)
REPAIRS & MAINTENANCE (154,824.00) (28,755.35) (154,824.00) SALARIES & BENEFITS (1,065,899.00) (590,892.07) (1,065,899.00) SUPPLIES & SERVICES (2,618,266.00) (788,336.60) (2,635,266.00) TRANSFERS OUT (1,138,270.00) (427,292.70) (1,326,507.00) Expense Total (10,358,709.00) (2,317,535.33) (7,213,946.00) 680 - WASTEWATER ENTERPRISE Total (3,385,405.00) 3,005,272.48 116,956.00 690 - REFUSE FUND Revenue MISCELLANEOUS INCOME 16,787.00 0.00 16,787.00 SALES AND SERVICE CHARGES 915,000.00 894,532.94 1,049,480.00 USE OF MONEY AND PROPERTY 2,315.00 91,575.28 100,000.00 Revenue Total 934,102.00 986,108.22 1,166,267.00
Expense CAPITAL EXPENDITURES (257,472.00) (121,426.76) (257,472.00) REPAIRS & MAINTENANCE (73,107.00) (22,919.00) (73,107.00) SALARIES & BENEFITS (223,170.00) (128,263.35) (223,170.00) SUPPLIES & SERVICES (245,376.00) (24,532.55) (249,042.00) TRANSFERS OUT (567,929.00) (61,144.12) (478,691.00)
Expense Total (1,367,054.00) (358,285.78) (1,281,482.00) 690 - REFUSE FUND Total (432,952.00) 627,822.44 (115,215.00)

208
Fund Type Total
Fund Type Classification Account Category Current Budget Year-To-Date
(YTD) Actuals
Recommended
Budget
700 - INTERNAL SERVICE FUNDS Revenue MISCELLANEOUS INCOME 168,699.00 99,199.27 103,943.00 SALES AND SERVICE CHARGES 7,193,810.00 5,408,557.99 10,929,067.00 TRANSFERS IN 0.00 1,213,783.06 2,833,166.00
USE OF MONEY AND PROPERTY 7,703.00 7,738.65 8,000.00
Revenue Total 7,370,212.00 6,729,278.97 13,874,176.00
Expense CAPITAL EXPENDITURES (999,519.00) (530,832.88) (1,496,019.00) REPAIRS & MAINTENANCE (814,547.00) (327,266.90) (830,445.00) SALARIES & BENEFITS (3,699,337.00) (1,835,734.67) (3,699,337.00) SUPPLIES & SERVICES (7,570,321.00) (5,550,282.47) (8,881,292.00) TRANSFERS OUT (570,941.00) (912,270.14) (1,824,588.00)
Expense Total (13,654,665.00) (9,156,387.06) (16,731,681.00) 700 - INTERNAL SERVICE FUNDS Total (6,284,453.00) (2,427,108.09) (2,857,505.00) 800 - SUCCESSOR AGENCY FUNDS Revenue CONTRIBUTIONS 2,295,239.00 0.00 2,191,282.00 MISCELLANEOUS INCOME 42,438.00 0.00 0.00
TAXES 2,558,019.00 552,946.00 2,708,019.00
USE OF MONEY AND PROPERTY 10,858.00 41,313.18 23,000.00 Revenue Total 4,906,554.00 594,259.18 4,922,301.00
Expense CAPITAL EXPENDITURES (79,512.00) (186,041.28) (93,545.00) DEBT SERVICE (2,275,382.00) (1,763,610.76) (2,275,382.00) SUPPLIES & SERVICES (16,193.00) 0.00 (16,193.00)
TRANSFERS OUT (2,605,476.00) (48,159.40) (2,641,556.00) Expense Total (4,976,563.00) (1,997,811.44) (5,026,676.00) 800 - SUCCESSOR AGENCY FUNDS Total (70,009.00) (1,403,552.26) (104,375.00) INVESTMENT FUNDS Revenue USE OF MONEY AND PROPERTY 0.00 1,201,224.62 0.00 Revenue Total 0.00 1,201,224.62 0.00
INVESTMENT FUNDS Total 0.00 1,201,224.62 0.00
Grand Total (52,261,007.00) (4,372,799.25) (31,843,022.00)

209
Fund Budgets
Sum of Original Budget Sum of Adjustments Sum of Recommended Total Sum of
Original Budget
Total Sum of
Adjustments
Total Sum of
Recommended
Funds Fund Type Fund Description Revenue Expense Revenue Expense Revenue Expense 001 001 - GENERAL FUND GENERAL FUND 27,052,454.00 (30,285,962.00) 5,067,221.00 (1,693,669.00) 32,119,675.00 (31,979,631.00) (3,233,508.00) 3,373,552.00 140,044.00 002 001 - GENERAL FUND DEVELOPER DEPOSIT FUND 390,229.00 (197,434.00) (75,000.00) (4,484.00) 315,229.00 (201,918.00) 192,795.00 (79,484.00) 113,311.00 005 001 - GENERAL FUND ADMIN ALLOWANCE FUND 250,000.00 (9,323.00) 0.00 (374.00) 250,000.00 (9,697.00) 240,677.00 (374.00) 240,303.00 100 100 - SPECIAL REVENUE FUNDS GAS TAX STREET FUND 1,926,573.00 (3,623,472.00) (87,177.00) 565,843.00 1,839,396.00 (3,057,629.00) (1,696,899.00) 478,666.00 (1,218,233.00) 101 100 - SPECIAL REVENUE FUNDS MEASURE A STREET FUND 1,154,800.00 (1,899,672.00) 121,200.00 25,012.00 1,276,000.00 (1,874,660.00) (744,872.00) 146,212.00 (598,660.00) 102 100 - SPECIAL REVENUE FUNDS RMRA (SB1) GAS TAX FUND 763,287.00 (1,602,280.00) (15,089.00) 12,764.00 748,198.00 (1,589,516.00) (838,993.00) (2,325.00) (841,318.00) 110 100 - SPECIAL REVENUE FUNDS CDBG FUND 200,000.00 (978,621.00) 0.00 3,912.00 200,000.00 (974,709.00) (778,621.00) 3,912.00 (774,709.00) 111 100 - SPECIAL REVENUE FUNDS LANDSCAPE MAINTENANCE FUND 239,769.00 (326,821.00) (88,926.00) 167,434.00 150,843.00 (159,387.00) (87,052.00) 78,508.00 (8,544.00) 132 100 - SPECIAL REVENUE FUNDS AIR QUALITY IMPROVEMENT FUND 42,293.00 (126,257.00) 6,707.00 (143.00) 49,000.00 (126,400.00) (83,964.00) 6,564.00 (77,400.00) 140 100 - SPECIAL REVENUE FUNDS ASSET FORFEIT-POLICE FUND 565.00 (535.00) 30.00 565.00 (535.00) 30.00 148 100 - SPECIAL REVENUE FUNDS SUPPLEMENTAL LAW ENFORCEMENT FUND 706.00 (21,884.00) 6,294.00 0.00 7,000.00 (21,884.00) (21,178.00) 6,294.00 (14,884.00) 150 100 - SPECIAL REVENUE FUNDS STATE PARK BOND ACT FUND (89.00) 60.00 (29.00) (89.00) 60.00 (29.00) 200 100 - SPECIAL REVENUE FUNDS SPECIAL DONATION FUND 9,983.00 (15,436.00) (4,433.00) (1,021.00) 5,550.00 (16,457.00) (5,453.00) (5,454.00) (10,907.00) 201 100 - SPECIAL REVENUE FUNDS SENIOR CENTER ACTIVITIES FUND 8,534.00 (10,307.00) 2,920.00 (230.00) 11,454.00 (10,537.00) (1,773.00) 2,690.00 917.00 202 100 - SPECIAL REVENUE FUNDS ANIMAL CONTROL RESERVE FUND 0.00 (29.00) (29.00) 0.00 (29.00) (29.00) 203 100 - SPECIAL REVENUE FUNDS POLICE VOLUNTEER FUND 1,502.00 (1,078.00) 98.00 91.00 1,600.00 (987.00) 424.00 189.00 613.00 222 100 - SPECIAL REVENUE FUNDS ARPA-AMERICA RESCUE PLAN 1,526,984.00 (625,342.00) 710,000.00 (1,595,849.00) 2,236,984.00 (2,221,191.00) 901,642.00 (885,849.00) 15,793.00 300 001 - GENERAL FUND CITY ADMINISTRATION DEBT SVC FUND 0.00 100.00 100.00 0.00 100.00 100.00 360 300 - FIDUCIARY FUNDS SUN LAKES CFD #86-1 FUND 0.00 600.00 600.00 0.00 600.00 600.00 365 300 - FIDUCIARY FUNDS WILSON ST #91-1 ASSMT DBT FUND 0.00 1,200.00 1,200.00 0.00 1,200.00 1,200.00 370 300 - FIDUCIARY FUNDS AREA POLICE OCMPUTER FUND 0.00 0.00 0.00 0.00 0.00 0.00 375 300 - FIDUCIARY FUNDS FAIR OAKS AD #2004-1 DEBT FUND 199,413.00 (199,413.00) (46.00) 4,953.00 199,367.00 (194,460.00) 0.00 4,907.00 4,907.00 376 300 - FIDUCIARY FUNDS CAMEO HOMES FUND 0.00 0.00 0.00 0.00 0.00 0.00 400 400 - CAPITAL IMPROVEMENT FUNDS POLICE FACILITIES DVLP FUND 2,516.00 (150.00) 3,953.00 (44.00) 6,469.00 (194.00) 2,366.00 3,909.00 6,275.00 410 400 - CAPITAL IMPROVEMENT FUNDS FIRE FACILITIES DEVELOPMENT FUND 5,999.00 (150.00) 20,006.00 (61.00) 26,005.00 (211.00) 5,849.00 19,945.00 25,794.00 420 400 - CAPITAL IMPROVEMENT FUNDS TRAFFIC CONTROL FUND 101,099.00 (509,177.00) 30,902.00 7,409.00 132,001.00 (501,768.00) (408,078.00) 38,311.00 (369,767.00) 430 400 - CAPITAL IMPROVEMENT FUNDS GENERAL FACILITIES FUND 17,810.00 (160,684.00) 89,438.00 (7,016.00) 107,248.00 (167,700.00) (142,874.00) 82,422.00 (60,452.00) 444 400 - CAPITAL IMPROVEMENT FUNDS WILSON MEDIAN FUND 775.00 (127.00) 5,225.00 (10.00) 6,000.00 (137.00) 648.00 5,215.00 5,863.00 451 400 - CAPITAL IMPROVEMENT FUNDS PARK DEVELOPMENT FUND 17,559.00 (418,491.00) (6,694.00) 9.00 10,865.00 (418,482.00) (400,932.00) (6,685.00) (407,617.00) 470 400 - CAPITAL IMPROVEMENT FUNDS CAPITAL IMPROVEMENT FUND 508.00 (508.00) (508.00) 420.00 0.00 (88.00) 0.00 (88.00) (88.00) 600 600 - AIRPORT FUND AIRPORT FUND 175,600.00 (263,842.00) (19,926.00) (35,015.00) 155,674.00 (298,857.00) (88,242.00) (54,941.00) (143,183.00) 610 610 - TRANSIT FUND TRANSIT FUND 4,614,931.00 (10,447,208.00) 3,531,044.00 474,207.00 8,145,975.00 (9,973,001.00) (5,832,277.00) 4,005,251.00 (1,827,026.00) 660 660 - WATER ENTERPRISE WATER FUND 14,531,831.00 (19,516,454.00) 1,606,933.00 (297,961.00) 16,138,764.00 (19,814,415.00) (4,984,623.00) 1,308,972.00 (3,675,651.00) 661 660 - WATER ENTERPRISE WATER CAPITAL FACILITIES FUND 207,764.00 (4,127,364.00) 385,236.00 250,000.00 593,000.00 (3,877,364.00) (3,919,600.00) 635,236.00 (3,284,364.00) 662 660 - WATER ENTERPRISE IRRIGATION WATER FUND 2,700.00 17,300.00 20,000.00 2,700.00 17,300.00 20,000.00 663 660 - WATER ENTERPRISE BUA WATER CAPITAL PROJECT FUND 15,939.00 (15,939.00) 0.00 15,939.00 (15,939.00) 0.00 669 660 - WATER ENTERPRISE BUA WATER DEBT SERVICE FUND 1,991,263.00 (1,914,882.00) 0.00 0.00 1,991,263.00 (1,914,882.00) 76,381.00 0.00 76,381.00 670 670 - ELECTRIC ENTERPRISE ELECTRIC FUND 33,832,312.00 (37,873,614.00) 6,340,713.00 802,730.00 40,173,025.00 (37,070,884.00) (4,041,302.00) 7,143,443.00 3,102,141.00 672 670 - ELECTRIC ENTERPRISE RATE STABILITY FUND 12,779.00 87,221.00 100,000.00 12,779.00 87,221.00 100,000.00 673 670 - ELECTRIC ENTERPRISE ELECTRIC IMPROVEMENT FUND 6,780.00 (15,858,779.00) 1,493,220.00 (4,790,000.00) 1,500,000.00 (20,648,779.00) (15,851,999.00) (3,296,780.00) (19,148,779.00) 674 670 - ELECTRIC ENTERPRISE ELECTRIC REVENUE BOND PROJECT FUND (72.00) 0.00 (72.00) (72.00) 0.00 (72.00) 675 670 - ELECTRIC ENTERPRISE PUBLIC BENEFIT FUND 786,012.00 (1,199,753.00) 13,109.00 90,000.00 799,121.00 (1,109,753.00) (413,741.00) 103,109.00 (310,632.00) 678 670 - ELECTRIC ENTERPRISE ELECTRIC REVENUE BOND DEBT SERVICE FUND 2,426,619.00 (2,391,430.00) 0.00 0.00 2,426,619.00 (2,391,430.00) 35,189.00 0.00 35,189.00 680 680 - WASTEWATER ENTERPRISE WASTEWATER FUND 6,053,244.00 (7,945,696.00) 233,273.00 2,044,763.00 6,286,517.00 (5,900,933.00) (1,892,452.00) 2,278,036.00 385,584.00 681 680 - WASTEWATER ENTERPRISE WASTEWATER CAPITAL FACILITY FUND 257,222.00 (2,124,930.00) (572.00) 1,100,000.00 256,650.00 (1,024,930.00) (1,867,708.00) 1,099,428.00 (768,280.00) 682 680 - WASTEWATER ENTERPRISE WASTEWATER TERTIARY FUND 360,637.00 128,178.00 488,815.00 360,637.00 128,178.00 488,815.00 683 680 - WASTEWATER ENTERPRISE BUA WASTEWATER CAPITAL PROJECT FUND 9,666.00 (3,933.00) (9,666.00) 0.00 0.00 (3,933.00) 5,733.00 (9,666.00) (3,933.00) 685 680 - WASTEWATER ENTERPRISE STATE REVOLVING LOAN FUND 1,615.00 6,385.00 8,000.00 1,615.00 6,385.00 8,000.00 689 680 - WASTEWATER ENTERPRISE BUA WASTEWATER DEBT SERVICE FUND 290,920.00 (284,150.00) 0.00 0.00 290,920.00 (284,150.00) 6,770.00 0.00 6,770.00 690 690 - REFUSE FUND REFUSE FUND 934,102.00 (1,367,054.00) 232,165.00 85,572.00 1,166,267.00 (1,281,482.00) (432,952.00) 317,737.00 (115,215.00) 700 700 - INTERNAL SERVICE FUNDS RISK MANAGEMENT FUND 2,703,043.00 (4,861,936.00) 1,385,322.00 (1,328,463.00) 4,088,365.00 (6,190,399.00) (2,158,893.00) 56,859.00 (2,102,034.00) 702 700 - INTERNAL SERVICE FUNDS FLEET MAINTENANCE FUND 1,638,090.00 (2,233,370.00) 915,200.00 (82,409.00) 2,553,290.00 (2,315,779.00) (595,280.00) 832,791.00 237,511.00 703 700 - INTERNAL SERVICE FUNDS INFORMATION SYSTEMS SERVICE FUND 621,865.00 (2,036,487.00) 1,239,937.00 (471,281.00) 1,861,802.00 (2,507,768.00) (1,414,622.00) 768,656.00 (645,966.00) 704 700 - INTERNAL SERVICE FUNDS BUILDING MAINTENANCE 0.00 (907,104.00) 873,482.00 (652,272.00) 873,482.00 (1,559,376.00) (907,104.00) 221,210.00 (685,894.00) 705 700 - INTERNAL SERVICE FUNDS SUPPORT SERVICES 0.00 (927,864.00) 1,554,084.00 (455,126.00) 1,554,084.00 (1,382,990.00) (927,864.00) 1,098,958.00 171,094.00 761 700 - INTERNAL SERVICE FUNDS UTILITY BILLING ADMINISTRATION FUND 2,407,214.00 (2,687,904.00) 535,939.00 (87,465.00) 2,943,153.00 (2,775,369.00) (280,690.00) 448,474.00 167,784.00 805 800 - SUCCESSOR AGENCY FUNDS REDEVELOPMENT OBLIGATION RETIREMENT FUND 2,558,019.00 (2,545,291.00) 150,000.00 (22.00) 2,708,019.00 (2,545,313.00) 12,728.00 149,978.00 162,706.00 810 800 - SUCCESSOR AGENCY FUNDS SUCCESSOR AGENCY LOW/MOD FUND (HOUSING AGENCY) 19,765.00 (100,635.00) 3,235.00 (54,675.00) 23,000.00 (155,310.00) (80,870.00) (51,440.00) (132,310.00) 830 800 - SUCCESSOR AGENCY FUNDS SUCCESSOR AGENCY DEBT SERVICE FUND 2,295,239.00 (2,295,240.00) (103,957.00) 17,711.00 2,191,282.00 (2,277,529.00) (1.00) (86,246.00) (86,247.00) 840 800 - SUCCESSOR AGENCY FUNDS BEA CAPITAL PROJECTS FUND 33,286.00 (35,037.00) (33,286.00) (8,309.00) 0.00 (43,346.00) (1,751.00) (41,595.00) (43,346.00) 841 800 - SUCCESSOR AGENCY FUNDS BEA LOW/MOD CAPITAL PROJECTS FUND 128.00 (109.00) (128.00) 63.00 0.00 (46.00) 19.00 (65.00) (46.00) 850 800 - SUCCESSOR AGENCY FUNDS SUCCESSOR AGENCY ADMIN FUND 117.00 (251.00) (117.00) (4,881.00) 0.00 (5,132.00) (134.00) (4,998.00) (5,132.00) 975 INVESTMENT FUNDS INVESTMENT FUND 0.00 0.00 0.00 0.00 0.00 0.00 Grand Total 112,702,060.00 (164,963,067.00) 26,335,841.00 (5,917,856.00) 139,037,901.00 (170,880,923.00) (52,261,007.00) 20,417,985.00 (31,843,022.00)

210
Account Group By Fund
Funds Fund Type Fund Description Classification Account Category Current Budget Year-To-Date
(YTD) Actuals
Recommended
Budget
001 001 - GENERAL FUND GENERAL FUND Revenue CHARGES FOR SERVICES 1,120,307.00 370,515.27 749,248.00 CONTRIBUTIONS 123,400.00 22,833.73 120,900.00
FINES AND FORFEITURES 138,612.00 59,648.76 241,993.00
INTERGOVERNMENTAL 765,565.00 107,952.06 604,668.00
LICENSES AND PERMITS 2,580,974.00 2,720,697.14 6,999,278.00 MISCELLANEOUS INCOME 1,739,481.00 759,750.82 1,306,295.00 TAXES 16,847,367.00 6,774,517.50 16,376,310.00
TRANSFERS IN 3,654,899.00 1,294,079.30 5,513,483.00
USE OF MONEY AND PROPERTY 81,849.00 132,504.87 207,500.00 Revenue Total 27,052,454.00 12,242,499.45 32,119,675.00 Expense CAPITAL EXPENDITURES (1,892,082.00) (605,368.68) (1,016,277.00) REPAIRS & MAINTENANCE (505,387.00) (150,380.87) (480,110.00) SALARIES & BENEFITS (17,511,008.00) (11,001,161.60) (18,303,335.00) SUPPLIES & SERVICES (8,847,002.00) (2,686,240.63) (9,194,772.00) TRANSFERS OUT (1,530,483.00) (1,488,696.18) (2,985,137.00) Expense Total (30,285,962.00) (15,931,847.96) (31,979,631.00) 001 Total (3,233,508.00) (3,689,348.51) 140,044.00
002 001 - GENERAL FUND DEVELOPER DEPOSIT FUND Revenue LICENSES AND PERMITS 30,864.00 0.00 5,864.00 MISCELLANEOUS INCOME 359,365.00 44,488.54 309,365.00
Revenue Total 390,229.00 44,488.54 315,229.00
Expense SUPPLIES & SERVICES (189,301.00) (43,288.54) (189,301.00) TRANSFERS OUT (8,133.00) (6,308.58) (12,617.00)
Expense Total (197,434.00) (49,597.12) (201,918.00)
002 Total 192,795.00 (5,108.58) 113,311.00
005 001 - GENERAL FUND ADMIN ALLOWANCE FUND Revenue CONTRIBUTIONS 250,000.00 0.00 250,000.00 Revenue Total 250,000.00 0.00 250,000.00
Expense SUPPLIES & SERVICES (8,935.00) 0.00 (8,935.00)
TRANSFERS OUT (388.00) (381.22) (762.00)
Expense Total (9,323.00) (381.22) (9,697.00)
005 Total 240,677.00 (381.22) 240,303.00
100 100 - SPECIAL REVENUE FUN GAS TAX STREET FUND Revenue INTERGOVERNMENTAL 924,988.00 546,655.46 879,775.00 MISCELLANEOUS INCOME 13,409.00 31,758.17 13,409.00
TRANSFERS IN 988,176.00 0.00 946,212.00
Revenue Total 1,926,573.00 578,413.63 1,839,396.00
Expense CAPITAL EXPENDITURES (1,474,649.00) (165,221.15) (474,649.00) REPAIRS & MAINTENANCE (55,065.00) (9,930.28) (55,065.00) SALARIES & BENEFITS (670,937.00) (439,882.63) (670,937.00) STREET LIGHTING (336,000.00) 0.00 (336,000.00)
SUPPLIES & SERVICES (408,677.00) (229,248.91) (400,933.00) TRANSFERS OUT (678,144.00) (385,022.82) (1,120,045.00)
Expense Total (3,623,472.00) (1,229,305.79) (3,057,629.00) 100 Total (1,696,899.00) (650,892.16) (1,218,233.00)
101 100 - SPECIAL REVENUE FUN MEASURE A STREET FUND Revenue INTERGOVERNMENTAL 280,000.00 0.00 280,000.00 TAXES 874,000.00 351,961.94 974,000.00
USE OF MONEY AND PROPERTY 800.00 16,232.60 22,000.00
Revenue Total 1,154,800.00 368,194.54 1,276,000.00

211
Account Group By Fund
Funds Fund Type Fund Description Classification Account Category Current Budget Year-To-Date
(YTD) Actuals
Recommended
Budget
101 100 - SPECIAL REVENUE FUN MEASURE A STREET FUND Expense CAPITAL EXPENDITURES (1,857,748.00) (1,234,850.35) (1,857,748.00) TRANSFERS OUT (41,924.00) (8,456.36) (16,912.00)
Expense Total (1,899,672.00) (1,243,306.71) (1,874,660.00) 101 Total (744,872.00) (875,112.17) (598,660.00)
102 100 - SPECIAL REVENUE FUN RMRA (SB1) GAS TAX FUND Revenue INTERGOVERNMENTAL 763,287.00 315,888.41 748,198.00 Revenue Total 763,287.00 315,888.41 748,198.00
Expense CAPITAL EXPENDITURES (1,582,798.00) (740,882.69) (1,582,798.00) TRANSFERS OUT (19,482.00) (3,359.08) (6,718.00)
Expense Total (1,602,280.00) (744,241.77) (1,589,516.00) 102 Total (838,993.00) (428,353.36) (841,318.00)
110 100 - SPECIAL REVENUE FUN CDBG FUND Revenue INTERGOVERNMENTAL 200,000.00 20,749.63 200,000.00 Revenue Total 200,000.00 20,749.63 200,000.00
Expense CAPITAL EXPENDITURES (971,704.00) (53,516.47) (971,704.00) TRANSFERS OUT (6,917.00) (1,501.92) (3,005.00)
Expense Total (978,621.00) (55,018.39) (974,709.00)
110 Total (778,621.00) (34,268.76) (774,709.00)
111 100 - SPECIAL REVENUE FUN LANDSCAPE MAINTENANCE Revenue MISCELLANEOUS INCOME 90,026.00 0.00 0.00 TAXES 149,543.00 76,294.94 149,543.00
USE OF MONEY AND PROPERTY 200.00 1,096.46 1,300.00
Revenue Total 239,769.00 77,391.40 150,843.00
Expense REPAIRS & MAINTENANCE (7,725.00) 0.00 (7,725.00) SALARIES & BENEFITS (24,593.00) (15,192.73) (24,593.00) SUPPLIES & SERVICES (274,862.00) (62,034.73) (102,449.00) TRANSFERS OUT (19,641.00) (12,309.14) (24,620.00)
Expense Total (326,821.00) (89,536.60) (159,387.00)
111 Total (87,052.00) (12,145.20) (8,544.00)
132 100 - SPECIAL REVENUE FUN AIR QUALITY IMPROVEMEN Revenue INTERGOVERNMENTAL 42,000.00 30,223.76 42,000.00 USE OF MONEY AND PROPERTY 293.00 6,871.71 7,000.00
Revenue Total 42,293.00 37,095.47 49,000.00
Expense CAPITAL EXPENDITURES (123,055.00) (14,877.00) (123,055.00) SUPPLIES & SERVICES (3,000.00) (3,300.00) (3,000.00)
TRANSFERS OUT (202.00) (173.74) (345.00)
Expense Total (126,257.00) (18,350.74) (126,400.00)
132 Total (83,964.00) 18,744.73 (77,400.00)
140 100 - SPECIAL REVENUE FUN ASSET FORFEIT-POLICE FUND Revenue USE OF MONEY AND PROPERTY 565.00 28.22 30.00 Revenue Total 565.00 28.22 30.00
140 Total 565.00 28.22 30.00
148 100 - SPECIAL REVENUE FUN SUPPLEMENTAL LAW ENFOR Revenue USE OF MONEY AND PROPERTY 706.00 5,961.06 7,000.00 Revenue Total 706.00 5,961.06 7,000.00
Expense REPAIRS & MAINTENANCE (18,168.00) (17,482.94) (18,168.00) SUPPLIES & SERVICES (3,716.00) (3,568.80) (3,716.00)
Expense Total (21,884.00) (21,051.74) (21,884.00)
148 Total (21,178.00) (15,090.68) (14,884.00)
150 100 - SPECIAL REVENUE FUN STATE PARK BOND ACT FUN Expense TRANSFERS OUT (89.00) (14.26) (29.00) Expense Total (89.00) (14.26) (29.00)
150 Total (89.00) (14.26) (29.00)