Agenda packet, regular meeting, second session — Banning City Council, May 14, 2024 (part 1 of 6)

May 14, 2024
5:00 p.m.

In Chambers
Council Chambers
99 E. Ramsey Street
Banning, CA 92220

1. CALL TO ORDER

2. AGENDA APPROVAL

3. PRESENTATION(S)

3.1 Quarterly Small Business Recognition - Reynaldo's Restaurant

3.2 Proclamation - Small Business Month

3.3 Proclamation - National Cities, Towns, and Villages Month

3.4 Proclamation - Building Safety Month

3.5 Proclamation - National Water Safety Month
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 Ryan Houssein from Calvary Chapel Sweet Hills

1.2 PLEDGE OF ALLEGIANCE

1.3 ROLL CALL

2.1 AGENDA APPROVAL
Recommendation: Staff respectfully recommends City Council recognize Reynaldo's Restaurant, an exceptional small business within the City.

Recommendation: Proclaim May 2024 as Small Business Month.

Recommendation: Proclaim May 2024 as National Cities, Towns, and Villages Month.

Recommendation: Proclaim May 2024 as Building Safety Month.

Recommendation: Proclaim May 2024 as National Water Safety Month.

Regular City Council Meeting Agenda
May 14, 2024
1 3.6 Proclamation - Kids to Parks Day 2024

4. REPORT ON CLOSED SESSION

5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS

6. CONSENT ITEMS

6.1 Approval of the Meeting Minutes for the April 23, 2024 City Council Meetings

6.2 Parks and Recreation Report of Monthly Activities through the 3rd Quarter of Fiscal Year 2023/2024 – March 2024

6.3 Consideration of Resolution 2024-62, Authorizing the City Manager to Approve and Execute Agreements for the Sale of the Banning Electric Utility's Excess Renewable Energy Credits

6.4 Consideration of Resolution 2024-63, Establishing Fiscal Year 2024/2025 Rates for Residential and Commercial Garbage, Recyclable and Organic Waste Collection, Transportation, Recycling and Disposal Services, and Making a Finding of Exemption Under the California Environmental Quality Act

6.5 Consideration of Resolution 2024-64, Approving the Fifth Amendment to the Street Sweeping Services Agreement with Sweeping Corp of America (SCA) Extending the Term through Fiscal Year 2024/2025 and Increasing the Compensation of the Total Agreement Amount by $138,716 for the Extended Term

6.6 Consideration of Resolution 2024-65, Receiving a Report in Connection with the Proposed Recommendation: Proclaim May 18, 2024 as Kids to Parks Day Serita Young, City Attorney

5.1 PUBLIC COMMENTS

5.2 CORRESPONDENCE

5.3 APPOINTMENTS
Revisions to Annual City Council Committee Assignments to Appoint Council Member Happe Recommendation: Discuss and assign Council Member Happe to represent the City of Banning for the remainder of the 2024 calendar year.

5.4 CITY COUNCIL COMMITTEE REPORTS

5.5 CITY MANAGER'S REPORT

5.6 CITY ATTORNEY'S REPORT

5.7 CITY TREASURER'S REPORT
The following items have been recommended for approval and will be acted upon simultaneously, unless a member of the City Council/Banning Utility Authority/Successor Agency Board wishes to remove an item for separate consideration.

Recommendation: Approve the minutes of the April 23, 2024 City Council Meetings.

Recommendation: Receive and file.

Recommendation: Adopt Resolution 2024-62.

Recommendation: Adopt Resolution 2024-63.

Recommendation: Adopt Resolution 2024-64.

Regular City Council Meeting Agenda
May 14, 2024
2 Collection on the 2024-25 Riverside County Property Tax Roll of Delinquent Solid Waste Service Charges for Single-Family and Multi-Family Accounts for Calendar Year 2023, Setting a Public Hearing on the Report and Making a Determination of Exemption Under CEQA

6.7 Consider Resolution 2024-66, Approving an Office Lease with Riverside County on Behalf of the Emergency Management Department for Office Space within the Armory Located at 2041 W. Nicolet St. to be used by the Radio Amateur Emergency Service (RACES)

6.8 Consideration of Resolution 2024-67, Approving the Third Amendment for Contract Services (C00698) for Landscape Maintenance Services for Park’s Maintenance with Mariposa Landscapes, Inc. in the not to exceed amount of $139,787.64 for FY 2024/2025

6.9 Consideration of Resolution 2024-68, Approving the Execution of the Low Carbon Transit Operations Program (LCTOP) Three-Year Free Fare Program

6.10Consideration of Completion of Various Improvements Related to the Atwell Specific Plan Development and Authorization of the 90% Bond Exoneration

6.11Consideration of Resolution 2024-69, Approving the Funding Agreement Between the City of Banning and the Riverside County Flood Control and Water Conservation District for the Banning Water Canyon Storm Water Percolation Basins Emergency Repair Project No. 5-0- 10001

6.12Consideration of Resolution 2024-70, Approving a Professional Services Agreement with Kimley-Horn for Environmental Services for the Wastewater Treatment Plant Upgrades in an Amount Not-To-Exceed $212,181

6.13Consideration of Resolution 2024-71, Approving a three (3) year Contract with Option to Extend for Two (2) Additional Years with NHA Advisors, LLC for Municipal Advisory Services that will be funded via task orders per Procurement Policy requirements and approving an initial task order for $100,000 to evaluate and assess financing and other options for the Electric Department

6.14Consideration of Resolution 2024-72, Approving an Amendment No. 1 to the Professional Services Agreement with Eide Bailly for External Audit Services for Fiscal Year 2022-23 Cost Overruns in the Amount of $145,000 after 20 Percent Discount

6.15Consideration of Resolution 2024-73, Approving a Consulting Agreement for Year-End Close and Advisory Services with Eide Bailly for a Not-to-Exceed Total of $75,000 with a Term from Execution through December 31, 2024

7. PUBLIC HEARING(S)

7.1 Consideration of Resolution 2024-74, Confirming the Levy and Collection of Assessments Recommendation: Adopt Resolution 2024-65.

Recommendation: Adopt Resolution 2024-66.

Recommendation: Adopt Resolution 2024-67.

Recommendation: Adopt Resolution 2024-68.

Recommendation: Accept as complete various improvements related to the Atwell Specific Plan Development and authorize the 90% bond exoneration.

Recommendation: Adopt Resolution 2024-69.

Recommendation: Adopt Resolution 2024-70.

Recommendation: Adopt Resolution 2024-71.

Recommendation: Adopt Resolution 2024-72.

Recommendation: Adopt Resolution 2024-73.

Regular City Council Meeting Agenda
May 14, 2024
3 within the City of Banning’s Landscape Maintenance District No. 1 for Fiscal Year 2024/2025, Pursuant to the Provisions of Part 2 of Division 15 of the California Streets and Highways Code

8. REPORT(S) OF OFFICERS

8.1 Consideration of Resolution 2024-60, Naming the former National Guard Armory Building the Arthur 'Art' L. Welch Community Center

8.2 Consideration of Resolution 2024-61, Approving a Professional Services Agreement with Integrity Arborist & Ecoscape, Mariposa Landscapes, Inc., and CM Landscapes for Weed Abatement Services

8.3 Introduction and First Reading of Ordinance 1604, Repealing and Replacing Section 010 through 170 of Chapter 3.24 of the Banning Municipal Code with Section 010 through 150 to adopt City Purchasing Policy vis Resolution as defined in the Purchasing System Ordinance Chapter

8.4 Consideration of Amending the City of Banning Municipal Code Requirements for Cannabis Businesses

9. DISCUSSION ITEM(S)

10. ITEM(S) FOR FUTURE AGENDAS

11. ADJOURNMENT
Recommendation: Conduct the public hearing and if no objections to the levy and collection of the proposed assessments are received, adopt Resolution 2024-74.

Recommendation: Adopt Resolution 2024-60.

Recommendation: Adopt Resolution 2024-61.

Recommendation: A motion waiving full reading and introducing, as read by title only, Ordinance1604.

Recommendation: Discuss and consider amendments to the City of Banning Municipal Code requirements for cannabis businesses, and provide direction to Community Development Department staff.

10.1 NEW ITEMS

10.2 EXISTING ITEMS

1. Grow Banning (Sanchez)

2. Neighborhood Groups/Identities (Minjares)

3. Update on Community Garden (Flynn)

4. Zencity Contract (Flynn)

5. Cannabis Ordinance/Moratorium (Flynn)

6. Zoom Options for Public Meetings (Flynn)

7. Animal Shelter Services Future/Reconsideration of ARE Contract (Happe) Next Regular Meeting – May 28, 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.

Regular City Council Meeting Agenda
May 14, 2024
4 __________________________
Caroline Patton, Administrative City Clerk
Secretario adjunto de la ciudad
PUBLIC NOTICE • NOTICIA PÚBLICA
Meeting Agendas and Notices
Interested in receiving email and/or text notifications of upcoming City Council meetings? Sign up for meeting notifications through the City's website. Pursuant to amended Government Code §54957.5(b), staff reports and other public records related to open session agenda items are available on the City's website (www.banningca.gov/).

Public Comment
Agenda Items
Any member of the public may address this meeting of the City Council on any item appearing on the agenda. A five-minute limitation shall apply to each member of the public and no member of the public shall be permitted to share their time with any other person.

Non-Agenda Items
Any member of the public may address this meeting of the Council on any item which does not appear on the regular meeting agenda but is of interest to the general public and is an item upon which the Council may act. A three-minute limitation shall apply to each member of the public and no member shall be permitted to share their time with any other person. No action shall be taken, nor discussion held by the Council, on any item which does not appear on the agenda, unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of §54954.2 of the Government Code.

Special Assistance/Accessibility Requests
In compliance with the Americans with Disabilities Act, any member of the public may request that the agenda and agenda packet be mailed to them. If you need special assistance to participate in this meeting (such as translation services), please contact the City Clerk's Office. Advanced notification of at least 48 hours prior to the meeting will allow the city to make arrangements to ensure your accessibility.
¿Necesita servicios de traducción para participar? Contacto Oficina del Secretario de la Ciudad.

CONTACT • CONTACTO
City Clerk's Office | 951-922-3102 | [email protected] 99 East Ramsey Street, Banning, California 92220
Regular City Council Meeting Agenda
May 14, 2024
5 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk Marisol Lopez, Economic Development Manager
MEETING DATE: May 14, 2024
SUBJECT: Quarterly Small Business Recognition - Reynaldo's Restaurant RECOMMENDATION:

Staff respectfully recommends City Council recognize Reynaldo's Restaurant, an exceptional small business within the City.

BACKGROUND:

Every quarter, the City recognizes one of its outstanding small businesses. The businesses get recognized at a City Council meeting and highlighted on the City's website and social media.

JUSTIFICATION:

California’s small businesses account for over 99% of total businesses in the state and employ more than 7 million people. Small businesses are crucial to the City's local economy.

FISCAL IMPACT:

None
ALTERNATIVES:

N/A
ATTACHMENTS:

1. Banning Small Business Recognition - May 2024.pdf
6 City of Banning

PRESENTED TO
Reynaldo’s Restaurant
This City of Banning recognizes Reynaldo’s Restaurant for being an exceptional small business. The City Council thanks you for showing pride and commitment to enriching the
Banning community.

Presented on this 14th day of May, 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: May 14, 2024
SUBJECT: Proclamation - Small Business Month
RECOMMENDATION:

Proclaim May 2024 as Small Business Month.

BACKGROUND:

Proclaim May 2024 as Small Business Month.

JUSTIFICATION:

N/A
FISCAL IMPACT:

None
ALTERNATIVES:

N/A
ATTACHMENTS:

1. Proclamation - Small Business Month.pdf
8 City of Banning

OFFICE OF THE MAYOR
WHEREAS, the State of California is home to more than 4.2 million small businesses – more than any other state; and,
WHEREAS, California’s small businesses account for over 99% of total businesses in the state and employ more than 7 million people, nearly half of the state’s private sector workforce; and, WHEREAS, small businesses are the backbone of our economy, and we must work to ensure that our city grows not only from the top down, but also from the bottom up and the middle out; and, WHEREAS, small businesses are constantly adapting to an evolving marketplace, integrating technology at higher rates than ever before, and developing innovative ways to connect with clients; and,
WHEREAS, now, more than ever, supporting small businesses means we are also supporting the livelihoods and ongoing success of our neighbors; and, WHEREAS, locally in Banning, California, 95 percent of our businesses are small businesses with 50 or fewer employees, who provide jobs, services, and amenities to our community. The City of Banning offers assistance to small businesses through programs in the Economic Development Division, and also recognizes that small business assistance is a partnership with our affiliated organizations; and,
WHEREAS, the City of Banning takes this opportunity to highlight the impact of outstanding entrepreneurs and small business owners, and recognizes that Small Business Month is a time for us to celebrate the successes of small business and to thank our small business owners and employees for their contributions to our City, our economy, and our nation.

NOW THEREFORE, I, Alberto Sanchez, Mayor of the City of Banning, do hereby proclaim the month of May 2024 as
Small Business Month
BE IT PROCLAIMED this 14th day of May, 2024.

Alberto Sanchez, Mayor
9 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: May 14, 2024
SUBJECT: Proclamation - National Cities, Towns, and Villages Month RECOMMENDATION:

Proclaim May 2024 as National Cities, Towns, and Villages Month.

BACKGROUND:

Proclaim May 2024 as National Cities, Towns, and Villages Month.

JUSTIFICATION:

N/A
FISCAL IMPACT:

None
ALTERNATIVES:

N/A
ATTACHMENTS:

1. Proclamation - National Cities Month.pdf
10 City of Banning

OFFICE OF THE MAYOR
WHEREAS, the National League of Cities was founded in 1924 in Lawrence, Kansas, as the American Municipal Association by state municipal leagues seeking more coordination and national representation as cities, towns, and villages expanded rapidly; WHEREAS, the nonpartisan National League of Cities is the oldest and largest organization representing municipal governments throughout the United States, representing the interests of more than 19,000 cities, towns, and villages across the country; WHEREAS, today the National League of Cities works in partnership with 49 state municipal leagues across the country to strengthen local leadership, drive innovation, and influence the federal policies that impact local programs and operations; WHEREAS, as the voice of cities, towns, and villages in Washington, DC, the National League of Cities has successfully championed federal legislative solutions that support municipalities and has worked closely with Congress and the Executive Branch to educate policymakers on the realities of local implementation;
WHEREAS, local governments are the bedrock of American democracy, providing 336 million residents with the most accountable, responsive, inclusive, ethical, and transparent government in the world;
WHEREAS, from the nation’s smallest villages to its largest cities, America’s local governments have been essential in transforming the United States of America into the greatest, most influential nation in world history;
WHEREAS, the City of Banning was first incorporated in 1913 and is proudly served today by an elected City Council consisting of 5 members and a municipal workforce of [#] dedicated public servants;
NOW THEREFORE, I, Alberto Sanchez, Mayor of the City of Banning, do hereby proclaim the month of May 2024 as
National Cities, Towns, and Villages Month
BE IT PROCLAIMED this 14th day of May, 2024.

Alberto Sanchez, Mayor
11 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: May 14, 2024
SUBJECT: Proclamation - Building Safety Month
RECOMMENDATION:

Proclaim May 2024 as Building Safety Month.

BACKGROUND:

Proclaim May 2024 as Building Safety Month.

JUSTIFICATION:

N/A
FISCAL IMPACT:

None
ALTERNATIVES:

N/A
ATTACHMENTS:

1. Proclamation - Building Safety Month.pdf
12 City of Banning

OFFICE OF THE MAYOR
WHEREAS, the City of Banning is committed to recognizing that our growth and strength depends on the safety and essential role our homes, buildings and infrastructure play, both in everyday life and when disasters strike, and;
WHEREAS, our confidence in the resilience of these buildings that make up our community is achieved through the devotion of vigilant guardians—building safety and fire prevention officials, architects, engineers, builders, tradespeople, design professionals, laborers, plumbers and others in the construction industry—who work year-round to ensure the safe construction of buildings, and; WHEREAS, these guardians are dedicated members of the International Code Council, a nonprofit that brings together local, state, territorial, tribal and federal officials who are experts in the built environment to create and implement the highest-quality codes to protect us in the buildings where we live, learn, work and play, and;
WHEREAS, these modern building codes include safeguards to protect the public from hazards such as hurricanes, snowstorms, tornadoes, wildland fires, floods and earthquakes, and; WHEREAS, now, more than ever, supporting small businesses means we are also supporting the livelihoods and ongoing success of our neighbors; and,
WHEREAS, Building Safety Month is sponsored by the International Code Council to remind the public about the critical role of our communities’ largely unknown protectors of public safety—our local code officials—who assure us of safe, sustainable and affordable buildings that are essential to our prosperity, and;
WHEREAS, each year, in observance of Building Safety Month, people all over the world are asked to consider the commitment to improve building safety, resilience and economic investment at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus and federal agencies in protecting lives and property.

NOW THEREFORE, I, Alberto Sanchez, Mayor of the City of Banning, do hereby proclaim the month of May 2024 as
Building Safety Month
BE IT PROCLAIMED this 14th day of May, 2024.

Alberto Sanchez, Mayor
13 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director Ralph Wright, Parks and Recreation Director
MEETING DATE: May 14, 2024
SUBJECT: Proclamation - National Water Safety Month
RECOMMENDATION:

Proclaim May 2024 as National Water Safety Month.

BACKGROUND:

Proclaim May 2024 as National Water Safety Month
JUSTIFICATION:

N/A
FISCAL IMPACT:

None
ALTERNATIVES:

N/A
ATTACHMENTS:

1. Proclamation - Water Safety Month.pdf
14 CITY OF BANNING

OFFICE OF THE MAYOR
WHEREAS, National Water Safety Month is an annual awareness campaign coordinated by the Pool & Hot Tub Alliance with support from the American Red Cross, National Drowning Prevention Alliance, National Recreation and Park Association, and the World Waterpark Association; and
WHEREAS, Citizens of Banning recognize the vital role that swimming and aquatic related activities can play in good physical and mental health and enhancing the quality of life for all people; and
WHEREAS, the City of Banning offers diverse swimming activities through the Repplier Aquatic Center during the annual Summer season beginning Memorial Day Weekend; and
WHEREAS, the City of Banning is committed to improving the safety and security of all those living in and visiting our community; and
WHEREAS, the City of Banning offers five 2-week sessions of swim lesson classes during the 2024 Summer aquatic season for all ages from infants to adults.

NOW THEREFORE, the City Council of the City of Banning do hereby proclaim and designate May, 2024, as
National Water Safety Month
BE IT PROCLAIMED this 14th day of May 2024.

Alberto Sanchez, Mayor
15 CITY OF BANNING

Proclaim May 18, 2024 as Kids to Parks Day
BACKGROUND:

Proclaim May 18, 2024 as Kids to Parks Day
JUSTIFICATION:

N/A
FISCAL IMPACT:

None
ALTERNATIVES:

N/A
ATTACHMENTS:

1. Proclamation - Kids to Parks Day.pdf
16 CITY OF BANNING

OFFICE OF THE MAYOR
WHEREAS, May 18, 2024, is the fourteenth Kids to Parks Day organized and launched by the National Park Trust held annually on the third Saturday of May; and WHEREAS, Kids to Parks Day empowers kids and encourages families to get outdoors and visit America's parks, public lands and waters; and WHEREAS, Kids to Parks Day will broaden children's appreciation for nature and outdoors; and
WHEREAS, we should encourage children to lead a more active lifestyle to combat issues of childhood obesity, diabetes, hypertension and hypercholesterolemia; and WHEREAS, the City of Banning continues to offer diverse outdoor programming in our parks and throughout Southern California thanks to our Outdoor Equity Programming grant; and
WHEREAS, the Parks and Recreation Department will be hosting its Annual Family Fun Color Run on Saturday, May 18, 2024, at Gilman Ranch in Banning.

NOW THEREFORE, the City Council of the City of Banning do hereby proclaim and designate the May 18, 2024, as KIDS TO PARKS DAY and urge all citizens to visit Banning Parks and Gilman Ranch on Saturday, May 18, 2024, and throughout the year.

Kids to Parks Day
May 18, 2024
in the City of Banning and encourage the
citizens of our community to join us in this
special observance.

BE IT PROCLAIMED this 14th day of May, 2024.

Alberto Sanchez, Mayor
17 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: May 14, 2024
SUBJECT: Revisions to Annual City Council Committee Assignments to Appoint Council Member Happe
RECOMMENDATION:

Discuss and assign Council Member Happe to represent the City of Banning for the remainder of the 2024 calendar year.

BACKGROUND:

Annually in January, the City Council assigns its members to regional boards and committees in order to represent the City of Banning and its interests. Council Member Happe was appointed in February 2024 and has not been assigned to any committees.

JUSTIFICATION:

Council Member Happe has not been assigned to any committees since his appointment in February 2024.

FISCAL IMPACT:

The only fiscal impact is the cost to the City of the City Council members attending meetings of these boards and committees. Some boards/committees offer stipends to their members to offset this cost, but the stipend is paid directly to the member.

ALTERNATIVES:

There are no alternatives to this necessary annual process.

ATTACHMENTS:

1. 2024 Council Assignments - BLANK.pdf

2. Council Assignments_2024.pdf
18 BANNING CITY COUNCIL
2024 COMMITTEE ASSIGNMENTS

Page 1 of 2 ends

COMMITTEE DAY & TIME

OF MEETING MEMBER ALTERNATE STAFFLIAISON
Western Riverside
Council of
Governments
(WRCOG)
1st Mondays
2:00 p.m. City Manager
Riverside Transit
Agency (RTA)
4th Thursdays
2:00 p.m.
(Dark August; Nov
and Dec meetings
on 3rd Thursday)
Public Works
Director
Riverside County
Transportation
Commission (RCTC)
2nd Wednesdays
9:00 a.m.

Public Works
Director
Pass Area
Transportation
NOW Committee
1st Thursdays
12:00 p.m.

Public Works
Director
Regional
Conservation
Authority (RCA)
1st Mondays
12:30 p.m.

Community
Development
Director
San Gorgonio Pass
Water Alliance
(SGPWA)
4th Wednesdays
5:00 p.m.

Public Works
Director
Southern California
Association of
Governments (SCAG)
1st Thursdays
10:30 a.m.

Community Action
Partnership
3rd Thursdays
7:00 p.m.

League of California
Cities (CalCities)
Quarterly
(January, March,
May, and July)
City Manager
19 BANNING CITY COUNCIL
2024 COMMITTEE ASSIGNMENTS

Page 2 of 2 ends

2 x 2 COUNCIL WORKING GROUPS
(meet as needed)

BANNING

UNIFIED
SCHOOL

DISTRICT

MORONGO

BAND OF

MISSION

INDIANS
MT. SAN

JACINTO

COLLEGE
SAN

GORGONIO

MEMORIAL

HOSPITAL

CITY OF

BEAUMONT
Staff: City
Manager
Staff: City
Manager
Staff: City
Manager
Staff: City
Manager
Staff: City
Manager

STANDING COMMITTEES
(meet as needed)

ECONOMIC

DEVELOPMENT

HEALTHY LIVING

CITY DOWNTOWN BUDGET & FINANCE

HOMELESSNESS

ADVISORY
Staff: Economic
Development
Mgr
Staff: Parks &
Recreation
Director
Staff: City
Manager
Staff: Finance
Director
Staff: City
Manager
20 BANNING CITY COUNCIL
2024 COMMITTEE ASSIGNMENTS

Page 1 of 2 ends

COMMITTEE DAY & TIME

OF MEETING MEMBER ALTERNATE STAFFLIAISON
Western Riverside
Council of
Governments
(WRCOG)
1st Mondays
2:00 p.m. Flynn Wallace City Manager
Riverside Transit
Agency (RTA)
4th Thursdays
2:00 p.m.
(Dark August; Nov
and Dec meetings
on 3rd Thursday)
Sanchez Flynn Public Works
Director
Riverside County
Transportation
Commission (RCTC)
2nd Wednesdays
9:00 a.m. Sanchez Minjares
Public Works
Director
Pass Area
Transportation
NOW Committee
1st Thursdays
12:00 p.m. Flynn Wallace Public Works Director
Regional
Conservation
Authority (RCA)
1st Mondays
12:30 p.m. Wallace Flynn
Community
Development
Director
San Gorgonio Pass
Water Alliance
(SGPWA)
4th Wednesdays
5:00 p.m. Minjares Flynn Public Works Director
Southern California
Association of
Governments (SCAG)
1st Thursdays
10:30 a.m. Wallace Flynn
Community Action
Partnership
3rd Thursdays
7:00 p.m. Wallace Minjares
League of California
Cities (CalCities)
Quarterly
(January, March,
May, and July)
Wallace Flynn City Manager
21 BANNING CITY COUNCIL
2024 COMMITTEE ASSIGNMENTS

Page 2 of 2 ends

2 x 2 COUNCIL WORKING GROUPS
(meet as needed)

BANNING

UNIFIED
SCHOOL

DISTRICT

MORONGO

BAND OF

MISSION

INDIANS
MT. SAN

JACINTO

COLLEGE
SAN

GORGONIO

MEMORIAL

HOSPITAL

CITY OF

BEAUMONT
Wallace
Flynn
Staff: City
Manager
Sanchez
Minjares
Staff: City
Manager
Minjares
Sanchez
Staff: City
Manager
Flynn
Wallace
Staff: City
Manager
Flynn
Minjares
Staff: City
Manager

STANDING COMMITTEES
(meet as needed)

ECONOMIC

DEVELOPMENT

HEALTHY LIVING

CITY DOWNTOWN BUDGET & FINANCE

HOMELESSNESS

ADVISORY
Flynn
Sanchez
Staff: Economic
Development
Mgr
Wallace
Flynn
Staff: Parks &
Recreation
Director
Flynn
Wallace
Staff: City
Manager
Flynn
Wallace
Staff: Finance
Director
Minjares
Sanchez
Staff: City
Manager
22 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: May 14, 2024
SUBJECT: Approval of the Meeting Minutes for the April 23, 2024 City Council Meetings
RECOMMENDATION:

Approve the minutes of the April 23, 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 04 23_Minutes_Special Meeting - Closed Session.pdf

2. 2024 04 23_Minutes_Special Meeting - Workshop.pdf

3. 2024 04 23_Minutes_Regular Meeting.pdf
23 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 4/23/2024

CITY COUNCIL SPECIAL MEETING
COUNCIL MEMBERS PRESENT: Council Member David Happe
Mayor Alberto Sanchez
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: Council Member Sheri Flynn
Mayor Pro Tem Rick Minjares
OTHERS PRESENT: Lincoln Bogard, Administrative Services Director Serita Young, City Attorney
Caroline Patton, Administrative City Clerk
Art Vela, Director of Public Works
Nicole Jews, Human Resources Manager
Oliver Ye, Liebert Cassidy and Whitmore

1. CALL TO ORDER
Mayor Sanchez called the special meeting to order at 3:34 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 citation.

3.1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Doug Schulze, City Manager; Lincoln Bogard, Administrative Services Director; Nicole Jews, Human Resources Manager; Oliver Ye, Liebert Cassidy Whitmore (City Counsel)
24 Special Meeting Minutes 4/23/2024 Page 2 of 2
Employee Organization: International Brotherhood of Electrical Workers (IBEW) General Unit; International Brotherhood of Electrical Workers (IBEW) Utility Unit; Teamsters; Banning Police Officers' Association (BPOA)

4. ADJOURNMENT
The Special City Council meeting adjourned at 3:51 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:
https://banningca.granicus.com/ViewPublisher.php?view_id=1 25 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 4/23/2024

CITY COUNCIL SPECIAL MEETING
COUNCIL MEMBERS PRESENT: Council Member David Happe
Mayor Alberto Sanchez
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: Council Member Sheri Flynn
Mayor Pro Tem Rick Minjares
OTHERS PRESENT: Lincoln Bogard, Administrative Services Director Laurie Sampson, Assistant City Manager
Serita Young, City Attorney
Caroline Patton, Administrative City Clerk
John Garside, Multimedia Specialist
Art Vela, Director of Public Works
Barbara Mason, Purchasing Manager

1. CALL TO ORDER
Mayor Sanchez called the special meeting to order at 4:01 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. Discussion Regarding the Progressive Design Build Delivery Method for the Wastewater Treatment Plant Project
Art Vela, Director of Public Works, presented the staff report.

4. ADJOURNMENT
26 Special Meeting Minutes 4/23/2024 Page 2 of 2
The Special City Council meeting adjourned at 4:48 p.m.

Minutes Prepared by:

This entire meeting and all associated documents may be viewed here:
https://banningca.granicus.com/ViewPublisher.php?view_id=1 ATTACHMENTS:

Exhibit A – Agenda Item 3.1: Staff Presentation
27 Presentation to
City Council
Progressive Design-Build Overview
for the
City of Banning Wastewater Treatment Plant
And Recycled Water Upgrades Project
Agenda
• What is Progressive Design-Build Delivery?
• What are the benefits of PDB to the City in delivery of the WWTP expansion?
• Where does the legal authority come from?
• How does PDB work?
• How do we know we are dealing with reputable firms?
• What if we don’t agree on a price with the PDB?
• What is our timeline for our project?
Exhibit A
28 What is Progressive Design-Build Delivery?
Traditional
Bid Build
Progressive
DesignBuild
What are the benefits of PDB?
Early
collaboration
drives problem
solving!
You attract the
most qualified
teams!
Tailored designto-budget
solution!
29 What are the benefits of PDB? (con’t)
Efficient Timeline
• Shorter overall project
schedule with early cost
and schedule certainty
• Quicker procurement process
• Faster decision making through
collaboration
Balanced Risk Allocation
• Transparent risk discussions
early and often
• Assignment of risk to party
best able to manage it
• Active mitigation or
management prior to
construction
Cost Transparency
• Owner control of the budget
through every phase of the project
• Final price determined before
construction
• Owner must agree with
price, scope, and
schedule before project
moves into construction
Where does the legal authority come from?
Newly signed into law in January, 2023,
CA SB-991 allows any City, County, City &
County or Special District to use
Progressive Design-Build on any project
that stores, treats or conveys water .
30 Procurement and Selection
1 Single Phase Selection
Qualifications/Proposal
Interview (optional)
Selection
Two Phase Selection
Qualifications
Shortlist
Proposal
Interview (optional)
Selection
using Qualifications-based
Criteria
Past Performance
Experience
Approach
Understanding
People
Capacity
and Construction Cost
Factors
Construction Fees
Preconstruction Phase Services Estimate
Set Contract and Commit to Spending
2 Single Design-Build
Contract
for Entire Project
Define Design to
Budget Approach
Preconstruction Phase Services Price
Maximum Construction Price
Cost of Construction
Other Direct Costs
Design-Builder’s Costs and Fee
Establish Project Cost
Align Design Priorities with Cost
to Secure Maximum Project
Value
City of Banning Project Specific
Benefits
•Highly tailored design-to-budget
solution
•Delay procuring long lead items until we
have confidence in getting to the budget
goal, likely at 60% complete
•Solution will align to funding sources
•Accelerate schedule to right degree
31 City of Banning Remains Involved in Project Definition Process Design and Collaboration with
“Progressive” Construction Estimating
3 Design to Budget and Permitting Support Design toBudget and Permitting Support 10% Design
Progressively Detailed, Open-Book Cost Estimates
VE and Constructibility Reviews
30% Design 60% Design
Construction Planning and Scheduling
Procurement and Subcontracting
Risk Assessment and Mitigation
Project Will Likely Require Effective Use of
Multiple GMPs
• Multiple packages to facilitate procurement of long lead items • Single package for construction following agreement on GMP (Phase 2)
• Results in fully optimized schedule
MBR Equipment
Electrical Equipment
RO Skids / Equipment
40 to 52 weeks
52 to 75 weeks
35 to 45 weeks
32 Agree on Final Construction Scope and Price
4 City Receives a Fully Optimize Construction Price
Finalize
the Scope
Once the design is
certain enough,
document the project
scope to be priced.

Typically, at
60% design, but can be
30% - 90%
+
Verify
Construction
Cost Estimate
Subcontractor Bids,
Owner Review,
3rd Party Audit
+
Understand
Risks
Transparent Risk
Documentation:

Price responsibility
with the party
best able to manage
the risk
+
Set the
Schedule
Commit to
construction duration
= Maximum
Construction Price
Are we dealing with reputable firms?
Conducted a Market
Sounding
• AECOM / Lyles
• Arcadis
• Balfour Beatty
• Brown & Caldwell
• CDM
• Filanc
Potential RFQ Respondents
include:
• AECOM / Lyles
• ICS / Brown & Caldwell
• JF Shea / Tetra Tech
• Pacific Hydrotech / Webb &
Associates
• Garney / Burns &
Mac
• ICS
• JF Shea / Tetra Tech
• Parsons
• PCL
• PERC Water / GSE
33 What if we don’t agree on a price with the PDB?
The Off-Ramp
• Key Contract clause for Progressive Design-Build.
• At the City’s sole discretion, forgoes the construction phase. • City will complete the design through the PDB’s engineering firm. • City bids the project traditionally.

Creates incentive
for the Design-Builder
to achieve an agreeable GMP.

Downside for the Owner:
taking the off-ramp can delay construction while project design is completed, bid package developed and public bids received.

Off-ramp is a contractually
defined option for the City of
Banning to use that
terminates the project
agreement prior to NTP for
Phase 2. Off-ramp taken
when the City and PDB are
unable to agree on a price for
Phase 2.

What is the timeline for our project?
3/22/24
Issue RFQ
5/2/24
Receive
SOQ’s;
BoR Approval
of Funding
Application
5/14/24
Notify
Shortlisted
Teams
5/30/24
Issue RFP
8/8/24
Receive Tech
Proposals
8/29/24
Select DBE
12/24
Council
Approval &
Issue
Phase 1
NTP
12/26
Project
Completion
per Title XVI
Funding
2Q2025
Council
Approval
& Phase 2
NTP
1Q2025
CEQA
Completion
34 THANK YOU!
Do you have any questions?
35 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 4/23/2024

CITY COUNCIL REGULAR MEETING
COUNCIL MEMBERS PRESENT: Council Member David Happe
Mayor Pro Tem Rick Minjares
Mayor Alberto Sanchez
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: Council Member Sheri Flynn
OTHERS PRESENT: Lincoln Bogard, Administrative Services Director Laurie Sampson, Assistant City Manager
Serita Young, City Attorney
Caroline Patton, Administrative City Clerk
John Garside, Multimedia Specialist
Art Vela, Director of Public Works

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

1.1. Invocation – Pastor Preston Norman, Jr. of Praise Tabernacle Community Church led the invocation.

1.2. Pledge of Allegiance – Mayor Pro Tem Minjares 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, removing item 3.1.

Motion by Mayor Sanchez
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
36 Regular Meeting Minutes 4/23/2024 Page 2 of 5
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 4-0, with 1 absence.

3. PRESENTATIONS

3.1. Quarterly Small Business Recognition – Reynaldo’s Restaurant Removed under Agenda Item 2.1.

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:
• Inge Schuler
• Charlie Johnson
• Harry Sullivan

5.2. CORRESPONDENCE
None

5.3. APPOINTMENTS
None

5.4. CITY COUNCIL COMMITTEE REPORTS
Council Member Wallace reported on a CalCities conference she attended as well as her recent Town Hall meeting.

Mayor Pro Tem Minjares reported on San Gorgonio Pass Regional Water Alliance meeting as well as the Animal Shelter Services Ad Hoc Committee.

Council Member Happe reported on the Banning Chamber Sunrise Breakfast as well as his recent Town Hall meeting.

Mayor Sanchez reported on a recent Morongo awards luncheon.

5.5. CITY MANAGER REPORT
Acting City Manager Bogard reported he would be communicating the citizens’ concerns to City Manager Schulze and related staff upon his return.

5.6. CITY ATTORNEY REPORT
37 Regular Meeting Minutes 4/23/2024 Page 3 of 5
City Attorney Young had no report.

5.7. CITY TREASURER REPORT
Treasurer Geronimo gave a brief financial report.

6. CONSENT AGENDA

6.1 Approval of the Meeting Minutes for the April 9, 2024 City Council Meetings

6.2 Receive and File Accounts Payable and Payroll Warrants Issued in the Month of March 2024

6.3 Receive and File Cash and Investments Report for the Month of March 2024

6.4 Receipts, Disbursements, & Fund Balances Reporting for Fiscal Year 2023-24, Period 9, March 2024

6.5 Receive and File Police Department Statistics for the Month of March 2024.

6.6 Receive and File Fire Protection Services Statistics for the Month of March 2024

6.7 Public Works Capital Improvement Project Tracking List

6.8 Receive and File Code Enforcement Update and Statistics for the Month of March 2024

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

6.10 City Council Travel and Conference Expense Report Year to Date Fiscal Year 2024

6.11 Second Reading and Adoption of Ordinance 1603, Adding a New Chapter 9.09 to Title 9 (Public Peace, Morals and Welfare) of the Banning Municipal Code to provide for regulations governing camping and related activities within the City of Banning, and making a determination of exemption from the California Environmental Quality Act

6.12 Consideration of Resolution 2024-57, Authorizing the Closure and Transfer of Fund 690 - Refuse Fund to Fund 001 - General Fund and to Classify $3,825,000 as Unearned Revenue that will be Amortized into Revenue Evenly Over the Next 17 Years, and Directing Staff to Use a One-Time Annual SB 939 Support Fee to Assist in Funding the City's Solid Waste Program Coordinator Position and Related Activities

6.13 Consideration of Resolution 2023-59, Approving, and Authorizing the City Manager to Execute, and Agreement for Purchase and Sale and Escrow Instructions between the City of Banning and Coast to Coast Enterprises, Inc. for the Purchase of Real Property Located at 786 John Street (APN 541-232-013)
Public Comment
None
Motion to adopt the consent agenda as presented.

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 
38 Regular Meeting Minutes 4/23/2024 Page 4 of 5
Motion approved by a vote of 4-0, with 1 absence.

7. PUBLIC HEARING(S)
None

8. REPORTS OF OFFICERS

8.1. Consider Resolution 2024-58, Adopting a Budget and Finance Committee Policy Lincoln Bogard, Administrative Services Director, presented the staff report.

Public Comment
• Inge Schuler
• Harry Sullivan
• Frank Connolly
Motion to table the discussion and bring the item back for a future discussion, including looking into the policies at smaller, similarly-sized jurisdictions.

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 4-0, with 1 absence.

9. DISCUSSION ITEM(S)
None

10. ITEMS FOR FUTURE AGENDAS

10.1. New Items

1. Animal Shelter Services Future/Reconsideration of ARE Contract (Happe)

10.2. Pending Items:

1. Grow Banning (Sanchez)

2. Scope and Duties of the Budget and Finance Committee (Wallace)

3. Neighborhood Groups/Identities (Minjares)

4. Update on Community Garden (Flynn)

5. Zencity Contract (Flynn)

6. Cannabis Ordinance/Moratorium (Flynn)

7. Zoom Options for Public Meetings (Flynn)
39 Regular Meeting Minutes 4/23/2024 Page 5 of 5

11. ADJOURNMENT
Motion to adjourn.

Motion by Mayor Pro Tem Minjares
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 4-0, with 1 absence.

The meeting was adjourned at 6:16 p.m.

Minutes Prepared by:

This entire meeting and all associated documents may be viewed here:
https://banningca.granicus.com/ViewPublisher.php?view_id=1 40 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director Ralph Wright
MEETING DATE: May 14, 2024
SUBJECT: Parks and Recreation Report of Monthly Activities through the 3rd Quarter of Fiscal Year 2023/2024 – March 2024
RECOMMENDATION:

Receive and file.

BACKGROUND:

To better track the participation levels of parks and recreation program offerings and the facilities usage for parks and recreation programs and services, staff developed a monthly report that is used to compile and present our numbers, help tell our story and allow for easy year over year comparison.

The ten-page report includes parks staff activities, park and facility usage, sports and classes participation, Senior activities, Banning Connect passes sold and ridership numbers, aquatics programming, special events and the Outdoor Equity Program Grant programming. The report is aligned with the fiscal year, July through June of each year and compiled each month.

Staff brings the report to the Council after each quarter of the Fiscal Year.

Attached in this item, is the March 2024 report that contains participation information through the end of the 3rd quarter of FY 2023-24.

The 3rd quarter report continues to show overall growth in our programming. Our Karate program moved to the Armory a year ago and continues to show participation growth. The additional facility has allowed us to increase program offerings at both the Armory and the Community Center.

The month of March saw the conclusion of the annual youth basketball league. The youth basketball league had 277 participants in multiple age divisions including a 7th and 8th grade division this year.

The Senior Center continues to provide warm meals, programs and needed resources and services to Banning's Seniors. The seasonal events and Happiness Campaign continue to provide immense joy and needed socialization.

One continuing negative trend for the Fiscal year is the increased graffiti incidents in our parks. Through 3 quarters, there has been a year over year increase of 22% in Park graffiti incidents. Parks staff has been tasked with cleaning the graffiti as soon as feasible to minimize the negative aesthetic and to not allow for the normalization of the graffiti in our parks. However, this continues to strain the staff’s ability to perform ongoing parks maintenance as they are dealing with these incidents. 41 JUSTIFICATION:

The tracking of the monthly participation and usage numbers aids the department in evaluating the use of program space, the success of community outreach and communities wishes for Parks and Recreation Facilities and Programming.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

ALTERNATIVES:

Receive and file.

ATTACHMENTS:

1. Mar 2024 - Parks and Rec Monthly Report.pdf
42 *Fiscal Year *
23-24
*The Monthly Reports are based on a fiscal year*
July 1, 2023- June 30, 2024
Six parks with approximately 58 developed acres maintained P1
P2
P3
P4
P5
P6
P7
P8
P9
P10
Parks Maintenance
Parks Usage
Facility Usage
Sports/Volunteers
Senior Center
Classes / Programs
Transit
Aquatics
Special Events
OEP
PARK and REC Stats
Monthly Year-to-Date
2022-2023 20023-2024 2022-2023 2023-2024
# of trees PLANTED 0 0 0 0
# of trees REMOVED 0 2 5 2
# of trees TRIMMED 1 18 13 56
Service requests completed by
Parks 5 13 50 71
Vandalism incidents repaired 10 21 107 90
Graffiti incidents repaired 17 19 163 199
March is for good times,
sports, and community
celebrations! We have
had a lot of fun within
every spot of Parks and
Rec, from the parks to
facilities, and as always,
our senior center.
43 2
Park/Field Usage
# of uses
Monthly Year-to-Date
2022-2023 2023-2024 2022-2023 2023-2024
Dysart Park 0 2 37 37
Lion’s Park 81 78 213 227
Repplier Park 27 42 228 206
Richard Sanchez 0 0 2 0
Roosevelt Williams 0 0 1 0
Sylvan Park 27 21 70 55
TOTAL 135 143 551 527
East Ramsey Lot 0 0 1 1
Carpenter Hamilton Park 0 0 2 1
Picnic Area Usage
(scheduled)
# of uses
Monthly Year-to-Date
2022-2023 2023-2024 2022-2023 2023-2024
Repplier Park 1 1 11 11
Roosevelt Williams Small 0 0 0 2
Sylvan Park 0 1 23 35
TOTAL 2 4 42 63
Roosevelt Williams Large 1 2 8 14
Lion’s Park 0 0 0 1
Dysart Park
It is wonderful to see the community show up for the opening day for Banning Pass Little League. We are continually proud and grateful for the impact Little League continues to have on youth. 44 3
n/a - Figures not available
Community Center
# of uses
Monthly Year-to-Date
2022-2023 2023-2024 2022-2023 2023-2024
Small Meeting Room 27 18 156 142
Large Dance Room 30 19 198 152
Gymnasium 111 81 817 710
Kitchen 0 1 4 9
Parking Lot 2 2 40 24
TOTAL 170 121 1215 1037
Senior Center
# of uses
Monthly Year-to-Date
2022-2023 2023-2024 2022-2023 2023-2024
Nutrition Site 31 32 256 233
Multi-purpose Room 26 38 251 304
TOTAL 57 70 507 537
Playhouse Bowl
# of uses
Monthly Year-to-Date
2022-2023 2023-2024 2022-2023 2023-2024
Meeting Room 9 8 93 99
Amphitheater 0 2 8 16
TOTAL 9 10 101 115
Roosevelt Williams
and Armory
# of uses
Monthly Year-to-Date
2022-2023 2023-2024 2022-2023 2023-2024
Roosevelt Will. Meeting Room 1 1 7 19
TOTAL 10 11 34 100
Armory 9 10 27 81
Facility Use
What a blast was it to host EWF’s Pro Wrestling Lucha Libre event at our community center! The place was so packed and filled with excitement. We cannot wait for the next one.
45 4
n/a - Figures not applicable min - Minimum participation not met NO - Not offered Youth Sports # of Participants # of Participants # of Teams Facility Visits Monthly Year to Date Year-to-Date Year To Date
2023-2024 2023-2024 2023-2024 2023-2024
Youth Basketball 277 277 22 5011
Youth Flag Football 107 107 17 1127
Youth Soccer 0 66 0 198
Smart Start 25 55 0 175
TOTAL 409 505 39 6511
Adult Sports # of Participants # of Participants # of Teams Facility Visits Monthly Year to Date Year-to-Date Year To Date
2023-2024 2023-2024 2023-2024 2023-2024
Adult Softball NO NO NO NO
Adult Basketball NO NO NO NO
TOTAL 0 0 0 0
Volunteers # of Volunteers Hours volunteered # of Volunteers Hours volunteered Monthly Monthly Year to Date Year To Date
2023-2024 2023-2024 2023-2024 2023-2024
Coaches 29 84 29 489
Events 0 0 41 256
Senior Center 17 325 136 1974.5
TOTAL 46 409 206 2719.5
We have our spring season of Flag Football evaluations this month! We had such a wonderful turnout of driven kiddos ready to play some flag football this spring! 46 5
At the senior center, they take St. Patrick’s Day seriously! Especially, during special bingo! To ensure you have luck on your side, ensure you dress appropriately! # of Participants # of Participants
Classes/Programs
Monthly Year to Date
2023-2024 2023-2024
Games & Puzzles 77 414
Bingo & Loteria 89 984
Health & Wellness Classes 216 1489
Crafts & Activities 86 679
Pool Table 14 230
Education Classes 40 426
Movies 45 364
Events 91 860
Sponsored Social Programs 127 677
Presentations 21 354
TOTAL 806 5876
# of Participants # of Participants
Services Monthly Year to Date
2023-2024 2023-2024
Fill the Cupboard 30 210
Computer Lab 61 611
Daily Meals 635 5284
Paralegal 1 12
Phone / Walk-in Referrals 179 1772
Morning Greeters 90 752
Food Vouchers / Salvation
Army/Other Services 3 41
Happiness Campaign 82 503
Boutique 124 1073
Cool/Warm Center 24 99
Morongo Moravian Gifts 0 60
Total 1229 10416
47 6
n/a - Figures not applicable min - Minimum participation not met NO - Not offered Classes/Programs # of Participants # of Participants Facility Visits Monthly Year to Date Year To Date
2023-2024 2023-2024 2023-2024
Adult Programs/Classes 202 1568 2104
Youth Programs/Classes 102 797 4488
Day Camp 0 240 1280
Open Gym Basketball 54 437 437
Open Gym Pickleball 95 776 776
Open Gym Volleyball 0 NO NO
TOTAL 486 4004 9514
Special Needs Programs/Classes 33 186 430
Lego-Neers STEM and Social Club is the place to be on Friday nights for families! We not only explore STEM concepts together, but we have a blast while doing it.
48 7
n/a - Figures not applicable min - Minimum participation not met NO - Not offered # of Passes # of Passes
Bus Passes Purchased Monthly Year to Date
2023-2024 2023-2024
Day Pass n/a n/a
Disabled Bus Pass 0 0
General Bus Pass 0 1
Senior Bus Pass 0 0
Youth Bus Pass n/a n/a
Banning Student Bus Pass 0 0
General Ticket Book 3 13
Senior Disabled Ticket Book 0 2
Dial-A-Ride 10 ticket Pass n/a n/a
TOTAL 3 16
We have come to know and bond with our bus riders either through phone call, from when they check in on the schedule, or in person, when they come to purchase their pass. We are grateful to be of service to them and to notify them that bus rides are currently free for all Banning residents. # of Passengers # of Passengers
Ridership Numbers Monthly Year to Date
2023-2024 2023-2024
Senior/Disabled Passengers 3933 32230
General Passengers 4086 25529
Cabazon Zone Passengers 463 3257
Youth Passengers 93 531
Student Passengers 1111 6793
Veteran Passengers 246 1757
Dial-A-Ride Passengers 463 3512
TOTAL 11848 82401
Non-Resident Passengers 1453 8792
49 n/a - Figures not applicable min - Minimum participation not met NO - Not offered 8 March
Monthly Monthly Yearly
Visits Visits
2023-2024 2023-2024 2023-2024
Child Admission 0 0 3294
Adult Admission 0 0 1833
Lap Swim Adult 0 0 17
Lap Swim Senior 0 0 106
Adult Swim Lessons 0 0 0
Children's Lessons 0 0 3408
Senior Water Exercise 0 0 6
Aqua Zumba 0 0 222
Pool Rentals: 0 0 1620
Cabana Rentals 0 0 175
TOTAL 0 0 11395
Senior Admission 0 0 354
Aquatic Center Lobby Rentals: N/A N/A N/A
Dive-In Movie Admission 0 0 360
We had a wonderful summer and are grateful for all
the fun we had. See you next year!
50 9
n/a - Figures not applicable min - Minimum participation not met NO - Not offered Special Events Year-to-Date
# Participants/Attendees 2023-2024
Monthly 2023-2024
July 4th Celebration 0 2000
Evening Concert Series 0 8650
Pop-Up in the Park 0 0
Stagecoach Days Kid Zone 0 1000
Halloween Trunk or Treat 0 1500
Hispanic Heritage 0 550
Beary Party 0 15
Santa Shoppe & Pancake Breakfast 0 270
Christmas Movie Party 0 15
Christmas at the Ranch 0 0
Paint or Lego Party 0 21
Total: 0 14021
Next month, we will have our annual Disaster Preparedness Expo! It is not only an informative event, but a really fun on too!
51 The Outdoor Equity Program seeks to provide outdoor experiences and opportunities to the Banning community. Combining education and the outdoors, the Outdoor Equity Program allows participants to seek enriching experiences through awesome trips like this awesome trip to the Palm Springs Tram Way! We truly enjoying bringing fun experiences like this to the community. 10 March
Monthly Monthly Yearly
Events/
Activities
Participants Participants
2023-2024 2023-2024 2023-2024
Community Clean Ups 0 0 0
Events 0 0 40
Programs 0 0 30
Trips 1 60 348
TOTALS 1 60 418
This program funded by the Outdoor Equity Grants Program, created through AB 209 and administered by California State Parks, Office of Grants and Local Services. 52 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Jim Steffens, Deputy Director of Electric
Art Vela, Director of Public Works
MEETING DATE: May 14, 2024
SUBJECT: Consideration of Resolution 2024-62, Authorizing the City Manager to Approve and Execute Agreements for the Sale of the Banning Electric Utility's Excess Renewable Energy Credits
RECOMMENDATION:

Adopt Resolution 2024-62.

BACKGROUND:

The State of California has implemented the Renewable Portfolio Standard (RPS) program as one of its tools to decarbonize the electric utility sector. The RPS program mandates that electric utilities meet specified targets of renewable energy to serve their customers. The method by which utilities comply with these RPS targets is by obtaining Renewable Energy Credits (RECs) and retiring the RECs for the RPS program. Utilities can obtain RECs by generating/purchasing their own renewable energy, or they can purchase RECs in the secondary markets. There are three types, or “buckets”, of RECs for the RPS program: Portfolio Content Category 1 RECs (PCC1 RECs), Portfolio Content Category 2 RECs (PCC2 RECs), or Portfolio Content Category 3 RECs (PCC3 RECs). PCC1 RECs are the most important and most valuable because utilities must use at least 70% PCC1 RECs to meet their RPS targets.

The secondary market for RECs has skyrocketed over the last year. For example, PCC1 RECs have historically sold for around $15 each. However, the current market for PCC1 RECs has risen to between $60 to $70 each due to high demand and market scarcity. The scarcity has been driven by COVID and the resulting supply chain issues. Many utilities had subscribed to renewable projects that they were going to use to meet their RPS targets. However, COVID postponed many of these projects from getting completed. Therefore, there are many utilities that are currently in the market for PCC1 RECs, driving up the prices.

The City of Banning Electric Utility Department (Utility) entered an 8 MW geothermal project that began on January 1, 2022, resulting in the Utility being 81.3% renewable in 2022. Therefore, the Utility is way ahead of the RPS targets and has excess RECs now and for the foreseeable future. Given the elevated market for PCC1 RECs, on September 26, 2023, the City Council approved the Utility to sell 40,000 PCC1 RECs to the City of Pasadena at a price of $62 per REC. Additionally, on February 13, 2024 the City Council approved the Utility to sell 20,000 PCC1 RECs to the City of Burbank at a price of $65 per REC.

The Utility desires to sell additional RECs in the coming years to boost the financial health of the Utility.

The Utility has attempted to expand its pool of potential REC buyers by including REC brokers and dealers in its Requests for Bids. However, the brokers and dealers have indicated that they cannot enter 53 into deals that have to wait for and are contingent upon a City Council approval. They need to know that when they close a deal that it is a done deal and can be transacted quickly. To accommodate the transactional needs of the REC brokers and dealers, the Utility desires that the City Manager have the authority to sign the REC sales agreements. This authority would result in the REC sales agreements being executed timely enough to meet the brokers and dealers transactional needs. By expanding the pool of buyers that are bidding upon the Utility's excess RECs, it would significantly increase the probability of the Utility receiving higher bids for their excess RECs.

JUSTIFICATION:

The Utility desires to receive the highest prices for its excess RECs. Being able to include REC brokers and dealers in its Requests for Bids will open up the Utility to a much larger purchasing market. This wider market will most likely result in the Utility receiving higher revenues for its excess RECs.

FISCAL IMPACT:

The exact fiscal impact is unknown. However, it is rational to assume that by increasing the pool of buyers who are bidding on the Utility's RECs, there is a strong probability that the Utility will receive higher bids, resulting in higher revenues.

ALTERNATIVES:

1. Adopt Resolution 2024-62, without amendments.

2. Do not adopt Resolution 2024-62, which would preclude the Utility from marketing its RECs to REC brokers and dealers.

ATTACHMENTS:

1. Resolution 2024-62, REC Energy Credits.docx
54 Resolution 2024-62

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RESOLUTION 2024-62

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

AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE AGREEMENTS FOR THE SALE OF THE ELECTRIC UTILITY’S EXCESS RENEWABLE ENERGY CREDITS WHEREAS, the City of Banning owns and operates a Municipal Electric Utility (Utility); and
WHEREAS, the Utility has entered into Power Purchase Agreements for the purchase of renewable energy and the associated renewable energy credits (RECs); and WHEREAS, the market prices of RECs have become elevated and the Utility desires to sell portions of its RECs that are in excess of the Utility’s Renewable Portfolio Standard regulatory requirements in order to bolster the Utility’s financial position; and WHEREAS, the City Council has previously approved, and authorized the City Manager to executed on the Council’s behalf, two agreements for the sale of RECs in 2023 and 2024; and WHEREAS, the Utility desires to expand the potential buyers of its RECs to include REC brokers and dealers in order to negotiate higher bid prices for its RECs; and WHEREAS, most REC brokers and dealers need to transact in a timely manner, and will not agree to sales that are contingent upon the City Council’s final approval, and, as such, the Utility desires that the City Council authorize the City Manager to approve and execute agreements for the sale of RECs so that the Utility may timely transact with all potential REC buyers.

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

SECTION 1. The City Council authorizes the City Manager to approve agreements for the sale of the Utility’s excess renewable energy credits and execute such agreements on behalf of the City Council.

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.

PASSED, APPROVED AND ADOPTED this 14th day of May 2024.

Alberto Sanchez, Mayor
City of Banning
55 Resolution 2024-62

Page 2 of 3 ends

ATTEST:

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

Serita R. Young, City Attorney
Richards, Watson & Gershon
56 Resolution 2024-62

Page 3 of 3 ends

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-62, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 14th day of May 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
57 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Holly Stuart, Public Works Program Manager Arturo Vela, Director of Public Works
MEETING DATE: May 14, 2024
SUBJECT: Consideration of Resolution 2024-63, Establishing Fiscal Year 2024/2025 Rates for Residential and Commercial Garbage, Recyclable and Organic Waste Collection, Transportation, Recycling and Disposal Services, and Making a Finding of Exemption Under the California Environmental Quality Act
RECOMMENDATION:

Adopt Resolution 2024-63.

BACKGROUND:

On April 27, 2021, the City Council approved a solid waste franchise agreement (“Franchise Agreement”) with Waste Management of the Inland Empire (“Waste Management”) for Residential and Commercial Garbage, Recyclable Materials and Organics Waste Collection, Transportation, Recycling and Disposal Services (“Solid Waste Services”), effective July 1, 2021. The Franchise Agreement establishes many Solid Waste Services provided to the community and helps ensure that the City complies with State solid waste regulations. The term of the Franchise Agreement is valid through June 30, 2041.

As part of adopting the new Franchise Agreement, the City Council established the initial rates (“Rates”) for the City’s monthly service charge (“Service Charge”) for Solid Waste Services following a noticed public hearing conducted in accordance with Proposition (“Prop”) 218 on June 22, 2021. The Rate components that made up the monthly Service Charge for Solid Waste Services included the following:
1) the SB 1383 Residential Component (for residential customers only), 2) Service Component; 3) Disposal Component; 4) Organics Waste Processing Component (“Organics Component”); and 5) Recycling Processing Component (“Recycling Component”).

Since the adoption of the Franchise Agreement, rates have been adjusted annually pursuant to the Franchise Agreement and approved Prop 218 noticing. Most recently, a Prop 218 process was conducted and adopted by City Council at a Public Hearing on April 11, 2023 and is valid through July 1, 2027. As identified by this Prop 218 process and as outlined in the Franchise Agreement, the Service Component, Disposal Component, Organics Component, and Recycling Component can be adjusted annually to account for inflation and changes in disposal and processing fees as follows:

The Service Component shall be adjusted based on the percentage increase of the Consumer Price Index (CPI-U) published by the U.S. Department of Labor, Bureau of Labor Statistics, for All Urban Consumers in the Riverside-San Bernardino-Ontario area, using the change in the 12-month annual average of CPI-U index values between the January to December period of the prior year (the previous year), and the January to December period of the year before the prior year (the prior previous year). 58 The annual adjustment will be at least one percent (1.00%) (the “Floor”) and cannot exceed four percent (4.00%) (the “Cap”). If the annual CPI adjustment exceeds the Cap or is less than the Floor, then the amount above the Cap or below the Floor shall be carried over into any succeeding year until such time as it may be applied without violating the Cap or Floor limits.

The Disposal, Organics, and Recycling Components shall be adjusted for changes in tipping fees or processing fees, as applicable, charged at the disposal, recycling processing, or organic processing facilities used by Waste Management as follows:

If Waste Management or its affiliates own and/or operate the facility, and the tipping/processing fee is not set or adjusted by a public agency, then applicable Component (Disposal, Organics, or Recycling) shall be adjusted using the same methodology described above for adjusting the Service Component and be subject to the same Floor and Cap provisions, or In all other circumstances (e.g., Waste Management uses a facility owned by a third party or public agency), the applicable Component (Disposal, Organics, or Recycling) shall be adjusted using the actual change in the per ton tip fee or per ton processing fee charged at the disposal, organic waste processing facility, or recyclable processing facility, as applicable, between the previous year and the prior previous year. If Waste Management uses multiple facilities that have different per ton tip/processing fees, the City shall determine the change in the per ton tip/processing fee charged between the previous year and the prior previous year for each applicable facility and multiply this amount by the percentage of the total tonnage delivered to the facility. The City shall then add these sums together to determine the total change in the per ton tip/processing fees for each Component (Disposal, Organics, or Recycling).

JUSTIFICATION:

As permitted by the Franchise Agreement, Waste Management requested an annual rate adjustment for Fiscal Year 2024/2025 (July 1, 2024 - June 30, 2025), as shown in the attached letter.

Based on the methodology of the Franchise Agreement and the last Prop 218 approval, staff evaluated each Rate Component to determine applicable adjustments. As described above, the Service Component is adjusted by the increase in CPI with the 1% “Floor” and 4% “Cap”. For this period, the CPI is 4.65%. As a result, a 4% increase was applied to the Service Component of the Rates and

0.65% shall be carried forward into any succeeding year until such time it may be applied without violating the Cap or Floor limits.

The Recycling Component will also be adjusted by the CPI since Waste Management owns and operates the facility used for processing this material. The Recycling Component shall be adjusted using the same methodology described above for adjusting the Service Component and is subject to the same Floor and Cap provisions.

In all, the carried forward CPI percentage balance that remains and can be applied to these components at a later date is summarized below:

Rate Period CPI Requested CPI Applied CPI
Carry Forward
July 1, 2022 - June 30, 2023 No carry over requested by WM July 1, 2023 - June 30, 2024 8.7% 4% 4.7%
July 1, 2024 - June 30, 2025 4.65% 4% 0.65%
The total carry over percentage balance remaining from the initiation of the Franchise Agreement to be applied at a later date within the approved parameters is 5.35%. 59 For the Disposal Component, it was determined that Waste Management uses a facility owned by a third-party/public agency and that the component will be adjusted using the actual change in the per ton processing fee charged at the disposal facility between the previous year and the prior previous year.

The percentage change for this component is 7.94%.

For the Organics Component, it was determined that Waste Management uses a facility owned by a third-party/public agency and that the component will be adjusted using the actual change in the per ton processing fee charged at the disposal facility between the previous year and the prior previous year.

The percentage change for this component is -0.95%.

The City Council may use the rate adjustment methodology approved pursuant to Resolution 2023-63 to establish the Rates for a five-year period through July 1, 2027 without undertaking a new Prop 218 process.

CEQA:

City staff has evaluated the adoption of the Rates pursuant this Resolution purposes of compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines and has determined that the adoption of the Rates is an activity covered by the common sense exemption in that it can be seen with certainty that there is no possibility that adoption of the Rates may have a significant effect on the environment because the adoption of the Rates only address the cost of existing services provided to the public and not the commencement of a new service or program. Accordingly, staff recommends that the City Council find that the adoption of this Resolution exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).

FISCAL IMPACT:

The current residential Rate for the collection of refuse is $29.45 per month per household and the rate will increase to $30.60. The commercial Rate will be adjusted in accordance with the rate adjustment methodology, as shown in the attached residential and commercial rate schedule, attached hereto. The new rate schedule will be effective July 1, 2024 for Fiscal Year 2024/2025.

ALTERNATIVES:

Reject WM’s request to increase the Rates for Solid Waste Services. If rejected, pursuant to the Franchise Agreement, WM shall have the right to dispute the denial action by pursuing measures outlined in the Franchise Agreement.

ATTACHMENTS:

1. Resolution 2024-63, Solid Waste Rates Increase.docx

2. Attachment 2_Proposed Rate Schedule Effective 7.1.24.docx

3. Attach 3_WMLetterRev.pdf

4. Attachment 4__2024_0430 Rate Survey.pdf
60 Resolution 2024-63

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RESOLUTION 2024-63

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, ESTABLISHING FISCAL YEAR 2024/2025 RATES FOR RESIDENTIAL AND COMMERCIAL

GARBAGE, RECYCLABLE MATERIALS AND ORGANICS WASTE COLLECTION,

TRANSPORTATION, DISPOSAL AND RECYCLING SERVICES, AND MAKING A FINDING OF

EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, on April 27, 2021, the City Council approved a new solid waste franchise agreement (“Franchise Agreement”) with Waste Management of the Inland Empire (“Waste Management”) for Residential and Commercial Garbage, Recyclable Materials and Organics Waste Collection, Transportation, Recycling and Disposal Services (“Solid Waste Services”), effective July 1, 2021; and
WHEREAS, as part of adopting the new Franchise Agreement, the City Council established the initial rates (“Rates”) for the City’s monthly service charge (“Service Charge”) for Solid Waste Services following a noticed public hearing conducted in accordance with Proposition (“Prop”) 218 on June 22, 2021; and
WHEREAS, the Rate components that made up the monthly Service Charge for Solid Waste Services include the following: 1) the SB 1383 Residential Component (for residential customers only), 2) Service Component; 3) Disposal Component; 4) Organics Waste Processing Component (“Organics Component”); and 5) Recycling Processing Component (“Recycling Component”); and WHEREAS, rates have been adjusted annually pursuant to the Franchise Agreement and approved Prop 218 noticing with the most recent Prop 218 process being conducted and adopted by City Council at a Public Hearing on April 11, 2023; a process which is valid through July 1, 2027; and
WHEREAS, the approved rate adjustment methodology set forth in the Franchise Agreement and most recent approved Prop 218 process is as follows:

The Service Component shall be adjusted based on the percentage increase of the Consumer Price Index (CPI-U) published by the U.S. Department of Labor, Bureau of Labor Statistics, for All Urban Consumers in the Riverside-San Bernardino- Ontario area, using the change in the 12- month annual average of CPI-U index values between the January to December period of the prior year (the previous year), and the January to December period of the year before the prior year (the prior previous year). The annual adjustment will be at least one percent (1.00%) (the “Floor”) and cannot exceed four percent (4.00%) (the “Cap”). If the annual CPI adjustment exceeds the Cap or is less than the Floor, then the amount above the Cap or below the Floor shall be carried over into any succeeding year until such time as it may be applied without violating the Cap or Floor limits.

A. If Waste Management or its affiliates own and/or operate the facility, and the tipping/processing fee is not set or adjusted by a public agency, then the applicable Component (Disposal, Organics, or Recycling) shall be adjusted using the same methodology described above for adjusting the Service Component and be subject to the same Floor and Cap provisions. 61 Resolution 2024-63

Page 2 of 4 ends

B. In all other circumstances (e.g. Waste Management uses a facility owned by a third party or public agency), the applicable Component (Disposal, Organics, or Recycling) shall be adjusted using the actual change in the per ton tip fee or per ton processing fee charged at the disposal, organic waste processing facility, or recyclable processing facility, as applicable, between the previous year and the prior previous year. If Waste Management uses multiple facilities that have different per ton tip/processing fees, the City shall determine the change in the per ton tip/processing fee charged between the previous year and the prior previous year for each applicable facility and multiply this amount by the percentage of the total tonnage delivered to the facility. The City shall then add these sums together to determine the total change in the per ton tip/processing fees for each Component (Disposal, Organics, or Recycling); and WHEREAS, the City Council may adjust the Rates in accordance with the approved rate adjustment methodology effective July 1, 2023 and each July 1 thereafter through July 1, 2027 without undertaking a new Prop 218 process; and
WHEREAS, the City Council adopts this Resolution to approve the Rates for Fiscal Year 2024/2025, effective on July 1, 2024.

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

SECTION 1. The above recitals are true and correct and are incorporated herein.

SECTION 2. The Rates for Fiscal Year 2023/2024 are increased as follows:

A. The Service Component is increased by 4%;
B. The Recycling Component is increased by 4%;
C. The Disposal Component is increased by 7.94%; and
D. The Organics Component is increased by -0.95% for Fiscal Year 2025.

E. The carried forward percentage balance that remains and can be applied to the Service and Recycling Components at a later date pursuant to the Franchise Agreement and Prop 218 is as follows:

Rate Period CPI Requested CPI Applied CPI Carry
Forward
July 1, 2022 - June 30, 2023 No carry over requested by WM July 1, 2023 - June 30, 2024 8.7% 4% 4.7%
July 1, 2024 - June 30, 2025 4.65% 4% 0.65%
Total remaining carry over percentage 5.35%
SECTION 3. The City Council hereby approves the Rates for Fiscal Year 2024/2025, with the above-described increases, which Rates will be effective on July 1, 2024, and are shown on Exhibit “A”, attached hereto and incorporated herein.
62 Resolution 2024-63

Page 3 of 4 ends

SECTION 4. The City Council has evaluated the Rates approved for Fiscal Year 2024/2025 pursuant to this Resolution for purposes of compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines and has determined that the adoption of the Rates is an activity covered by the common sense exemption in that it can be seen with certainty that there is no possibility that adoption of the Rates may have a significant effect on the environment because the adoption of the Rates only address the cost of existing services provided to the public and not the commencement of a new service or program. Accordingly, the City Council hereby finds that the adoption of this Resolution is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3). Staff is hereby directed to file a Notice of Exemption with the County Clerk of the County of Riverside.

SECTION 5. All previous Collection, Transportation, Disposal and Recycling solid waste structures are hereby adjusted and superseded by the Rates approved by this Resolution as of July 1, 2023.

SECTION 6. This Resolution shall be effective upon adoption.

PASSED, APPROVED AND ADOPTED this 14th day of May 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
63 Resolution 2024-63

Page 4 of 4 ends

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-63, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 14th day of May 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
64 Revised 4.30.24 Page 1
Exhibit A
July 1, 2024 - 2024/2025 Solid Waste Rate Schedule
for Collection, Transportation, Disposal and Recycling Services Residential Cart Service Rates Current
Rate New Rate Service Disposal Organics Recycling SB 1383 Basic Rate (96-gal Garbage, 96-gal
Recycling, and 96-gal Organic Waste) $29.45 $30.60 $21.81 $3.14 $1.84 $1.09 $2.72 Other Residential Service Rates Current
Rate New Rate Service Disposal Organics Recycling SB 1383 Non-Qualifying Valet Service $16.22 $16.86 $16.86
Additional 96-Gal Garbage Cart $10.69 $11.23 $8.09 $3.14 Additional 64-Gal Garbage Cart $8.54 $8.95 $6.86 $2.09
Additional 35-Gal Garbage Cart $6.43 $6.72 $5.57 $1.15
Additional Recycle Cart - Any Size $2.74 $2.84 $1.75 $1.09 Additional Organic Waste Cart –
Any Size $6.47 $6.73 $4.89 $1.84
Residential Set-up Fee $14.05 $14.61 $14.61
Cart Exchange - Excess of 1 p/year $32.14 $33.42 $33.42 Additional Bulky & E-waste - Per Item $24.45 $25.42 $25.42 Residential Contamination/Overage Fee $19.11 $19.88 $19.88 Return Service Fee $18.49 $19.23 $19.23
Insufficient Funds Fee $25.00 $25.00 $25.00
Additional Sharps Refill Fee 1.4 QT
(after 1 free kit/year) $48.67 $50.61 $50.61
Cart Cleaning Fee $32.13 $33.41 $33.41
Late Fees – 2.5% or $5 minimum on balances over $15.00
Tax Roll Fees – 10% of unpaid balance per occurrence
Commercial Cart Collection
Service Rates
Current
Rate New Rate Service Disposal Organics Recycling SB 1383 96 Gallon Garbage Cart, 1x a week* $14.73 $15.43 $12.29 $3.14 96 Gallon Garbage Cart, 2x a week* $26.52 $27.80 $21.52 $6.28 96 Gallon Garbage Cart, 3x a week* $39.79 $41.72 $32.30 $9.42 96 Gallon Garbage Cart, 4x a week* $53.06 $55.63 $43.07 $12.56 96 Gallon Garbage Cart, 5x a week* $66.33 $69.56 $53.85 $15.71 96 Gallon Recycle Cart, 1x a week* $12.48 $12.97 $11.88 $1.09 96 Gallon Recycle Cart, 2x a week* $22.46 $23.35 $21.17 $2.18 96 Gallon Recycle Cart, 3x a week* $33.68 $35.03 $31.75 $3.28 96 Gallon Recycle Cart, 4x a week* $44.90 $46.70 $42.33 $4.37 96 Gallon Recycle Cart, 5x a week* $56.12 $58.36 $52.90 $5.46 MAXIMUM 2 Carts Per Commercial Service Unit
*Commercial cart service due to space constraints or low waste generation must be pre-approved by the City Commercial Bin
Garbage Collection
Service Rates Current Rate New Rate Service Disposal Organics Recycling SB 1383 2 Yard, 1x a week $128.83 $134.61 $117.34 $17.27
2 Yard, 2x a week $257.65 $269.22 $234.67 $34.55
2 Yard, 3x a week $376.65 $393.61 $341.80 $51.81
2 Yard, 4x a week $498.12 $520.56 $451.47 $69.09
65 Revised 4.30.24 Page 2
2 Yard, 5x a week $617.13 $644.96 $558.60 $86.36
2 Yard, 6x a week $736.15 $769.38 $665.74 $103.64
3 Yard, 1x a week $168.75 $176.45 $150.53 $25.92
3 Yard, 2x a week $337.48 $352.87 $301.06 $51.81
3 Yard, 3x a week $493.94 $516.54 $438.80 $77.74
3 Yard, 4x a week $650.39 $680.18 $576.54 $103.64
3 Yard, 5x a week $806.86 $843.86 $714.31 $129.55
3 Yard, 6x a week $963.32 $1,007.53 $852.07 $155.46
4 Yard, 1x a week $225.79 $236.08 $201.53 $34.55
4 Yard, 2x a week $451.55 $472.13 $403.04 $69.09
4 Yard, 3x a week $660.19 $690.38 $586.74 $103.64
4 Yard, 4x a week $871.27 $911.16 $772.99 $138.17
4 Yard, 5x a week $1,079.89 $1,129.39 $956.66 $172.73
4 Yard, 6x a week $1,288.53 $1,347.64 $1,140.36 $207.28 6 Yard, 1x a week $317.84 $332.44 $280.63 $51.81
6 Yard, 2x a week $635.73 $664.94 $561.30 $103.64
6 Yard, 3x a week $931.48 $974.42 $818.96 $155.46
6 Yard, 4x a week $1,224.81 $1,281.37 $1,074.09 $207.28 6 Yard, 5x a week $1,520.63 $1,590.91 $1,331.81 $259.10 6 Yard, 6x a week $1,813.95 $1,897.86 $1,586.95 $310.91 (Service available if also subscribed to Recycling or Organics above Compliance Service minimum) Commercial Garbage
Compactor Collection
Service Rates Current Rate New Rate Service Disposal Organics Recycling SB 1383 2 Yard, 1x a week $178.57 $187.60 $135.79 $51.81
2 Yard, 2x a week $357.12 $375.18 $271.54 $103.64
2 Yard, 3x a week $525.87 $552.58 $397.12 $155.46
2 Yard, 4x a week $697.06 $732.51 $525.23 $207.28
2 Yard, 5x a week $865.82 $909.91 $650.81 $259.10
2 Yard, 6x a week $1,034.55 $1,087.28 $776.37 $310.91
3 Yard, 1x a week $243.35 $255.92 $178.18 $77.74
3 Yard, 2x a week $486.70 $511.85 $356.39 $155.46
3 Yard, 3x a week $717.76 $754.98 $521.79 $233.19
3 Yard, 4x a week $948.80 $998.10 $687.19 $310.91
3 Yard, 5x a week $1,179.85 $1,241.23 $852.58 $388.65
3 Yard, 6x a week $1,410.94 $1,484.40 $1,018.02 $466.38 4 Yard, 1x a week $325.27 $342.06 $238.42 $103.64
4 Yard, 2x a week $650.50 $684.08 $476.81 $207.27
4 Yard, 3x a week $958.59 $1,008.28 $697.37 $310.91
4 Yard, 4x a week $1,269.14 $1,335.03 $920.49 $414.54
4 Yard, 5x a week $1,577.27 $1,659.28 $1,141.09 $518.19 4 Yard, 6x a week $1,885.37 $1,983.48 $1,361.65 $621.83 6 Yard, 1x a week $467.05 $491.41 $335.95 $155.46
6 Yard, 2x a week $934.08 $982.79 $671.88 $310.91
6 Yard, 3x a week $1,379.07 $1,451.26 $984.88 $466.38
6 Yard, 4x a week $1,821.64 $1,917.20 $1,295.37 $621.83 6 Yard, 5x a week $2,266.64 $2,385.68 $1,608.39 $777.29 6 Yard, 6x a week $2,709.16 $2,851.57 $1,918.83 $932.74 (Service available if also subscribed to Recycling or Organics above Compliance Service minimum) 66 Revised 4.30.24 Page 3
Commercial Bin
Recycling Collection
Service Rates Current Rate New Rate Service Disposal Organics Recycling SB 1383 2 Yard, 1x a week $119.92 $124.73 $114.92 $9.81
2 Yard, 2x a week $239.86 $249.44 $229.84 $19.60
3 Yard, 1x a week $153.52 $159.66 $144.96 $14.70
3 Yard, 2x a week $307.05 $319.32 $289.91 $29.41
4 Yard, 1x a week $203.91 $212.05 $192.45 $19.60
4 Yard, 2x a week $407.84 $424.16 $384.92 $39.24
6 Yard, 1x a week $263.87 $274.41 $245.00 $29.41
6 Yard, 2x a week $527.77 $548.87 $490.04 $58.83
Extra Pick Up – Recycle $89.01 $92.57 $92.57
Contamination Fee $89.64 $93.23 $93.23
(Available if additional capacity is needed above Recycling or Organics Compliance Service minimum) Commercial Organic
Waste Collection
Service Rates Current Rate New Rate Service Disposal Organics Recycling SB 1383 64 Gallon, 1x a week $63.99 $66.76 $43.18 $23.58
64 Gallon, 2x a week $127.99 $133.53 $86.36 $47.17
64 Gallon, 3x a week $191.99 $200.31 $129.55 $70.76
64 Gallon, 4x a week $255.99 $267.08 $172.74 $94.34
64 Gallon, 5x a week $319.95 $333.81 $215.89 $117.92
64 Gallon, 6x a week $383.96 $400.59 $259.08 $141.51
2 Yard, 1x a week $357.41 $373.04 $224.17 $148.87
2 Yard, 2x a week $714.84 $746.10 $448.38 $297.72
2 Yard, 3x a week $1,072.32 $1,119.22 $672.63 $446.59
2 Yard, 4x a week $1,429.75 $1,492.27 $896.84 $595.43
2 Yard, 5x a week $1,787.15 $1,865.31 $1,121.01 $744.30 2 Yard, 6x a week $2,144.58 $2,238.38 $1,345.22 $893.16 (Available if additional capacity is needed above Recycling or Organics Compliance Service minimum) Commercial Garbage,
Recycling, And Organic
Waste Bundled
Collection Service
Rates Current Rate New Rate Service Disposal Organics Recycling SB 1383 2 Yard Garbage bin, 1x a
week $205.51 $214.36 $172.42 $17.27 $23.58 $1.09
2 Yard Garbage bin, 2x a
week $334.51 $348.94 $289.72 $34.55 $23.58 $1.09
2 Yard Garbage bin, 3x a
week $453.73 $473.35 $396.87 $51.81 $23.58 $1.09
2 Yard Garbage bin, 4x a
week $575.38 $600.30 $506.54 $69.09 $23.58 $1.09
2 Yard Garbage bin, 5x a
week $694.62 $724.71 $613.68 $86.36 $23.58 $1.09
2 Yard Garbage bin, 6x a
week $813.84 $849.11 $720.80 $103.64 $23.58 $1.09
67 Revised 4.30.24 Page 4
3 Yard Garbage bin, 1x a
week $245.51 $256.18 $205.59 $25.92 $23.58 $1.09
3 Yard Garbage bin, 2x a
week $414.56 $432.61 $356.13 $51.81 $23.58 $1.09
3 Yard Garbage bin, 3x a
week $571.31 $596.26 $493.85 $77.74 $23.58 $1.09
3 Yard Garbage bin, 4x a
week $728.08 $759.93 $631.62 $103.64 $23.58 $1.09
3 Yard Garbage bin, 5x a
week $884.67 $923.60 $769.38 $129.55 $23.58 $1.09
3 Yard Garbage bin, 6x a
week $1,041.13 $1,087.27 $907.14 $155.46 $23.58 $1.09
4 Yard Garbage bin, 1x a
week $302.67 $315.82 $256.60 $34.55 $23.58 $1.09
4 Yard Garbage bin, 2x a
week $528.83 $551.87 $458.11 $69.09 $23.58 $1.09
4 Yard Garbage bin, 3x a
week $737.91 $770.13 $641.82 $103.64 $23.58 $1.09
4 Yard Garbage bin, 4x a
week $949.08 $990.90 $828.06 $138.17 $23.58 $1.09
4 Yard Garbage bin, 5x a
week $1,157.71 $1,209.14 $1,011.74 $172.73 $23.58 $1.09 4 Yard Garbage bin, 6x a
week $1,366.35 $1,427.39 $1,195.44 $207.28 $23.58 $1.09 6 Yard Garbage bin, 1x a
week $394.91 $412.19 $335.71 $51.81 $23.58 $1.09
6 Yard Garbage bin, 2x a
week $713.40 $774.67 $616.36 $103.64 $23.58 $1.09
6 Yard Garbage bin, 3x a
week $1,009.28 $1,054.15 $874.02 $155.46 $23.58 $1.09
6 Yard Garbage bin, 4x a
week $1,302.62 $1,361.11 $1,129.16 $207.28 $23.58 $1.09 6 Yard Garbage bin, 5x a
week $1,598.45 $1,670.66 $1,386.89 $259.10 $23.58 $1.09 6 Yard Garbage bin, 6x a
week $1,891.76 $1,977.59 $1,642.01 $310.91 $23.58 $1.09 96 Gallon Garbage Cart,
1x a week* $91.25 $95.18 $67.37 $3.14 $23.58 $1.09
96 Gallon Garbage Cart,
2x a week* $146.02 $152.26 $121.31 $6.28 $23.58 $1.09
96 Gallon Garbage Cart,
3x a week* $207.26 $216.06 $181.97 $9.42 $23.58 $1.09
96 Gallon Garbage Cart,
4x a week* $268.51 $279.87 $242.64 $12.56 $23.58 $1.09
96 Gallon Garbage Cart,
5x a week* $329.77 $343.71 $303.33 $15.71 $23.58 $1.09
All services include 1 time per week collection with 96-gallon Recycling Cart and 64-gallon Organic Waste Cart *Commercial cart service due to space constraints or low waste generation must be pre-approved by City 68 Revised 4.30.24 Page 5
Commercial & Recycle
Bundled Collection
Service Rates (Organic
Waste Service Exempt) Current Rate New Rate Service Disposal Organics Recycling SB 1383 2 Yard Garbage bin, 1x
a week $141.52 $147.81 $129.45 $17.27 $1.09
2 Yard Garbage bin, 2x
a week $270.52 $282.60 $246.96 $34.55 $1.09
2 Yard Garbage bin, 3x
a week $389.75 $407.23 $354.33 $51.81 $1.09
2 Yard Garbage bin, 4x
a week $511.42 $534.39 $464.21 $69.09 $1.09
2 Yard Garbage bin, 5x
a week $630.66 $659.03 $571.58 $86.36 $1.09
2 Yard Garbage bin, 6x
a week $749.89 $783.66 $678.93 $103.64 $1.09
3 Yard Garbage bin, 1x
a week $181.53 $189.74 $162.73 $25.92 $1.09
3 Yard Garbage bin, 2x
a week $350.59 $366.50 $313.60 $51.81 $1.09
3 Yard Garbage bin, 3x
a week $507.35 $530.48 $451.65 $77.74 $1.09
3 Yard Garbage bin, 4x
a week $664.13 $694.47 $589.74 $103.64 $1.09
3 Yard Garbage bin, 5x
a week $820.73 $858.29 $727.65 $129.55 $1.09
3 Yard Garbage bin, 6x
a week $977.18 $1,021.94 $865.39 $155.46 $1.09
4 Yard Garbage bin, 1x
a week $238.69 $249.50 $213.86 $34.55 $1.09
4 Yard Garbage bin, 2x
a week $464.85 $485.96 $415.78 $69.09 $1.09
4 Yard Garbage bin, 3x
a week $673.92 $704.65 $599.92 $103.64 $1.09
4 Yard Garbage bin, 4x
a week $885.14 $925.58 $786.32 $138.17 $1.09
4 Yard Garbage bin, 5x
a week $1,093.76 $1,143.82 $970.00 $172.73 $1.09
4 Yard Garbage bin, 6x
a week $1,302.41 $1,362.06 $1,153.69 $207.28 $1.09
6 Yard Garbage bin, 1x
a week $330.93 $346.06 $293.16 $51.81 $1.09
6 Yard Garbage bin, 2x
a week $649.46 $679.22 $574.49 $103.64 $1.09
6 Yard Garbage bin, 3x
a week $945.34 $988.83 $832.28 $155.46 $1.09
6 Yard Garbage bin, 4x
a week $1,238.68 $1,295.79 $1,087.42 $207.28 $1.09
6 Yard Garbage bin, 5x
a week $1,534.51 $1,605.35 $1,345.16 $259.10 $1.09
6 Yard Garbage bin, 6x
a week $1,827.81 $1,912.27 $1,600.27 $310.91 $1.09
96 Gallon Garbage Cart,
1x a week* $27.21 $28.41 $24.18 $3.14 $1.09
69 Revised 4.30.24 Page 6
96 Gallon Garbage Cart,
2x a week* $48.99 $51.17 $42.71 $6.28 $2.18
96 Gallon Garbage Cart,
3x a week* $73.48 $76.76 $64.06 $9.42 $3.28
96 Gallon Garbage Cart,
4x a week* $97.97 $102.34 $85.41 $12.56 $4.37
96 Gallon Garbage Cart,
5x a week* $122.46 $127.94 $106.78 $15.71 $5.45
All services include 1 time per week collection with 96-gallon Recycling Cart *Commercial cart service due to space constraints or low waste generation must be pre-approved by City Roll-Off Service Rates Current Rate New Rate Service Disposal Organics Recycling SB 1383 40 Yard with 4 tons $653.08 $686.48 $487.03 $199.45
Compactor – plus landfill
tipping fees $462.74 $481.25 $481.25
40 Yard Permanent plus
landfill tipping fees $358.45 $372.79 $372.79
10 Yard Permanent plus
tipping fee $358.45 $372.79 $372.79
Roll-Off Recycle/per load $358.45 $372.79 $372.79
Delivery/Relocate/Trip
Charge $130.83 $136.06 $136.06
Minimum Pull Fee (1 per
month) $358.45 $372.79 $372.79
Industrial Set-up Fee $30.42 $31.63 $31.63
Other Commercial
Collection Service
Rates Current Rate New Rate Service Disposal Organics Recycling SB 1383 Extra Pick Up –
Garbage $89.01 $92.57 $92.57
Lost, Stolen, or Burned
Bin – 3 yard $621.57 $646.43 $646.43
Lost, Stolen, or Burned
Bin – 6 yard $906.96 $943.24 $943.24
Lost, Stolen, or Burned
Cart - 64 Gallon $50.27 $52.28 $52.28
Lost, Stolen, or Burned
Cart - 96 Gallon $55.60 $57.82 $57.82
Cart Overage Fee $19.11 $19.87 $19.87
Bin Overage Fee $79.29 $82.47 $82.47
Temporary 3 Yard
Garbage Bin -
One month with up to 4
collections
$304.41 $317.53 $291.62 $25.91
Temporary 3 Yard
Garbage Bin - 7 day $186.57 $194.25 $188.26 $5.99
Locking Lids $21.76 $22.63 $22.63
Commercial Set-up
Fee/Reactivation Fee $26.19 $27.24 $27.24
Bin Exchange $68.31 $71.05 $71.05
70 Revised 4.30.24 Page 7
Replacement Lock $45.33 $47.15 $47.15
Replacement key $9.05 $9.42 $9.42
Pull-out service per bin
16-35 feet $19.82 $20.61 $20.61
Pull-out service per bin
36-50 feet $29.76 $30.95 $30.95
Pull-out service per bin
over 51 feet $39.66 $41.25 $41.25
Return to Service $35.67 $37.09 $37.09
Insufficient Funds Fee $25.00 $25.00 $25.00
Bin Cleaning Fee $68.31 $71.04 $71.04
Cart Cleaning Fee $32.13 $33.41 $33.41
Cart Contamination Fee $19.10 $19.86 $19.86
Bin Contamination Fee $89.64 $93.23 $93.23
Late Fees – 2.5% or $5 minimum on balances over $15.00
Tax Roll Fees (MFD Only) – 10% of unpaid balance per occurrence 71 March 26, 2024
Mr. Art Vela, P.E.

Director of Public Works/City Engineer
City of Banning
99 East Ramsey Street
Banning, CA 92220
RE: 2024/2025 City of Banning Rate Adjustment
Dear Mr. Vela,
We would like to take this opportunity to thank you and your staff for the cooperation and support with the rate adjustment process.

Pursuant to Section 4.03 of the franchise agreement, it is our responsibility at WM to calculate and submit the annual rate adjustment for Residential and Commercial refuse and recycling by April 1st of each year.

Attached for your review, please find the Schedule of Rates detailing the 2024-2025 rate adjustment, along with the supporting Rate Adjustment Percentage Calculation data.

Should you require any additional information or have any questions regarding this year’s annual rate adjustment, please contact me at (951) 415-4389. Thank you once again for your time.

Respectfully,
Douglas Tani
Public Sector Manager
WM
72 April 18, 2024
Mr. Art Vela, P.E.

Director of Public Works/City Engineer
City of Banning
99 East Ramsey Street
Banning, CA 92220
RE: Revisions to Rate Adjustment Letter submitted on March 26, 2024 Dear Mr. Vela,
Again, we would like to take this opportunity to thank you and your staff for the cooperation and support with the rate adjustment process.

Attached for your review, please find the updated Schedule of Rates detailing the 2024-2025 rate adjustment, along with the supporting Rate Adjustment Percentage Calculation data.

In accordance with section 4.03.7 of the franchise agreement, below documents the annual rate adjustment where CPI carry over percentages may be applied at a future annual rate adjustment where it won’t violate the provision of this section.
a. July 1, 2023 - June 30, 2024 (CPI 4.65%, 4% applied, 0.65% carry over) b. July 1, 2022-June 30, 2023 (CPI 8.70%, 4% applied, 4.70% carry over) c. July 1, 2021-June 30, 2022 (No carry over)
Should you require any additional information or have any questions regarding this year’s annual rate adjustment, please contact me at (951) 415-4389. Thank you once again for your time.

Respectfully,
Douglas Tani
Public Sector Manager
WM
73 May 2, 2024
Mr. Art Vela, P.E.

Director of Public Works/City Engineer
City of Banning
99 East Ramsey Street
Banning, CA 92220
RE: Revisions to Rate Adjustment Letter submitted on April 18, 2024 Dear Mr. Vela,
Again, we would like to take this opportunity to thank you and your staff for the cooperation and support with the rate adjustment process.

Attached for your review, please find the updated Schedule of Rates detailing the 2024-2025 rate adjustment, along with the supporting Rate Adjustment Percentage Calculation data.

In accordance with section 4.03.7 of the franchise agreement, below documents the annual rate adjustment where CPI carry over percentages may be applied at a future annual rate adjustment where it won’t violate the provision of this section.
a. July 1, 2024 - June 30, 2025 (CPI 4.65%, 4% applied, 0.65% carry over) b. July 1, 2023-June 30, 2024 (CPI 8.70%, 4% applied, 4.70% carry over) c. July 1, 2022-June 30, 2023 (No carry over)
Should you require any additional information or have any questions regarding this year’s annual rate adjustment, please contact me at (951) 415-4389. Thank you once again for your time.

Respectfully,
Douglas Tani
Public Sector Manager
WM
74 Burrtec CR&R WM CR&R Burrtec CR&R WM Burrtec WM WM Burrtec CR&R WM Burrtec WM CR&R WM Burrtec CR&R CR&R WM Burrtec Burrtec WM Series1 $19.84 $21.31 $24.99 $26.22 $28.21 $28.34 $28.78 $28.91 $29.45 $30.60 $30.80 $31.55 $32.19 $33.57 $33.63 $34.07 $34.45 $34.72 $35.09 $35.64 $36.61 $36.66 $37.25 $37.51 Palm Desert, $19.84 Blythe, $21.31 Beaumont Temecula, $26.22 Indio, $28.21 Hemet, $28.34 Corona, $28.78 Rancho Mirage, $28.91 Banning (Current), $29.45 Banning (Proposed), $30.60 Cathedral City, $30.80 Lake Elsinore, $31.55 Moreno Valley, $32.19 Coachella, $33.57 Jurupa Valley, $33.63 San Jacinto, $34.07 Menifee, $34.45 Riverside, $34.72 Perris, $35.09 Calimesa, $35.64 Wildomar, $36.61 Indian Wells, $36.66 Canyon Lake, $37.25 Norco, $37.51 $-
$5.00
$10.00
$15.00
$20.00
$25.00
$30.00
$35.00
$40.00
Residential Refuse Rate Comparison Effective July 1, 2023 Beaumont, $ 24.99
75 Burrtec Burrtec WM WM WM Burrtec WM WM WM CR&R CR&R WM Burrtec WM CR&R Burrtec CR&R Burrtec CR&R Burrtec WM CR&R Burrtec 64 GAL Organic $78.97 $37.70 $- $- $- $85.38 $52.25 $- $55.16 $64.93 $58.24 $50.52 $108.60 $52.46 $- $76.91 $- $91.87 $- $93.32 $83.93 $83.13 $109.02 Recycle (Larger) $- $- $- $- $- $38.71 $- $- $- $- $50.92 $81.05 $- $- $83.68 $- $91.35 $- $78.34 $121.90 $- $89.18 96 GAL Recycle $4.86 $39.76 $- $- $- $- $52.50 $- $25.72 $60.29 $- $- $64.38 $74.06 $- $- $- $- $- $- $- $56.44 $- 3CY Trash $133.76 $143.53 $- $- $- $141.25 $163.24 $- $201.16 $157.36 $199.41 $184.53 $151.04 $215.03 $- $193.48 $- $174.59 $- $189.61 $171.67 $251.87 $221.91 COMBINED Rate $- $- $223.25 $245.51 $256.18 $- $- $279.61 $- $- $- $- $- $- $349.64 $- $354.69 $- $358.83 $- $- $- $- Palm Desert Rancho Mirage Menifee Banning (Current) Banning (Proposed) Indio Corona Beaumont Norco Temecula Calimesa Calimesa Moreno Valley Moreno Valley Riverside Wildomar Perris Canyon Lake Canyon Lake Lake Elsinore Indian Wells Indian Wells Hemet Coachella Coachella Jurupa Valley Jurupa Valley San Jacinto Cathedral City Cathedral City $217.59 $220.99 $223.25 $245.51 $256.18 $265.34 $267.99 $279.61 $282.04 $282.58 $308.57 $316.10 $324.02 $341.55 $349.64 $354.07 $354.69 $357.81 $358.83 $361.27 $377.50 $391.44 $420.11 $-
$50.00
$100.00
$150.00
$200.00
$250.00
$300.00
$350.00
$400.00
$450.00
Commercial Refuse Rate Comparison Effective July 1, 2023 76 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Holly Stuart, Public Works Program Manager Arturo Vela, Director of Public Works
MEETING DATE: May 14, 2024
SUBJECT: Consideration of Resolution 2024-64, Approving the Fifth Amendment to the Street Sweeping Services Agreement with Sweeping Corp of America (SCA) Extending the Term through Fiscal Year 2024/2025 and Increasing the Compensation of the Total Agreement Amount by $138,716 for the Extended Term
RECOMMENDATION:

Adopt Resolution 2024-64.

BACKGROUND:

On June 9, 2020, City Council approved an award for street sweeping services in the amount of $91,177 for Fiscal Year 2020/2021 for one year with the option to renew the services agreement for four (4) additional single years. The initial contract was awarded to Cannon Pacific Services, dba Pacific Sweeping.

On June 8, 2021, City Council approved the First Amendment to the agreement extending the term of the agreement and increasing annual compensation for FY 2021/2022. During this period, the curb miles serviced were reduced from 400 to 300 resulting in an annual contract amount of $86,680 which included annual services as needed in the amount of $10,000.

On April 22, 2022, the Second Amendment to the agreement was processed changing the Contractor name from Cannon Pacific Services, dba Pacific Sweeping, to SCA.

On June 14, 2022, City Council approved the Third Amendment for 2022/2023 in the amount of $122,716. Prior to the award, it was identified by the Contractor that the company was experiencing severe price increases related to items such as equipment, insurance, tires, brooms and fuel.

Additionally, in order for the Contractor to remain competitive and retain employees, labor cost increased. Consequently, staff negotiated with the contractor and determined SCA was awarded Sourcewell Contract 062421-SWP which is valid through August of 2025. As a result, under the Sourcewell Contract, the cost per curb mile increased from $21.30 to $31.31. Staff felt that the increased rate was still competitive considering that the second lowest bidder in 2020 proposed a per mile cost of $36.13.

On May 23, 2023, the Fourth Amendment to the street sweeping agreement with SCA was approved with rates increasing 7.31%; within the Consumer Price Index. With this renewal, the agreement for Fiscal Year 2023/2024 increased to $131,712 which included monthly street sweeping services in the 77 amount of $120,960 ($33.60 per curb mile) for a 12- month period and services as needed in the amount of $10,752. With approval of the Fourth Amendment, one (1) additional single-year contract extension remained.

At this time, street sweeping services provided by SCA have been evaluated and determined satisfactory. SCA identified that pricing for Fiscal Year 2024/2025 will increase 3% which is in line with the Consumer Price Index (CPI) percentage change. As a result, staff recommends the renewal of street sweeping monthly services in the amount of $124,560 ($34.60 per curb mile) for a 12-month period. In addition to curb miles, street sweeping services will be provided to the parking lots of Repplier, Roosevelt Williams and Lions parks at a rate of $107.09 per sweep per location at an annual cost of $3,855.25 which includes servicing the locations monthly. Additionally, the services renewal will once again include as needed services in the amount not to exceed $10,300 for a total compensation increase in the amount of $138,715.25 for Fiscal Year 2024/2025.

The scope of work for these services will include 300 curb miles of monthly street sweeping services.

Residential areas will be serviced once per month and commercial areas will be serviced four (4) times per month. Additionally, monthly sweeping services will be provided to the parking lots of Repplier, Roosevelt Williams and Lions Parks. Services shall include all labor, tools, materials and equipment necessary to perform citywide street sweeping services. In addition to beautifying the City, street sweeping services eliminate roadside debris and trash, pollutants and sediments that might otherwise enter the storm drain assisting the City in complying with the requirements of its National Pollutant Discharge Elimination System (NPDES) permit. This permit requires the Permittees to implement litter and debris control measure, such as street sweeping, to reduce and/or eliminate the discharge of pollutants, including trash and debris, from the storm sewer system to Receiving Waters. In addition to standard monthly needs, the scope requires the Contractor to respond to special requests should there be hazards posing threat to public safety, such as debris creating traffic issues. Street sweeping services may also be scheduled for special events. Routes, services days and curb miles are summarized in the attached.

JUSTIFICATION:

The Public Works Department does not have the required staff or equipment needed to maintain regularly scheduled street sweeping services; therefore, it is necessary to retain a contractor. Upon review, staff determined that SCA has continued to provide satisfactory citywide street sweeping services and can continue to do so under Sourcewell Contract #062421-SWP.

FISCAL IMPACT:

Residential and commercial street sweeping services will be provided in the amount of $134,860 and funded by Gas Tax Funds, Account 100-4900-431.33-11 (Professional Services) which includes a line item for services as needed. Additionally, monthly street sweeping services will be provided to the parking lots of Repplier, Roosevelt Williams and Lions Parks in the amount of $3,855.25 and funded by Account 001-3600-461.30-01. The total increase amount amounts to $138,715.25.

ALTERNATIVES:

1. Adopt Resolution 2024-64 as recommended.

2. Adopt Resolution 2024-64 with modifications.

3. Reject Resolution 2024-64 and discontinue services. If directed, staff could proceed with a new RFP to obtain required services. This alternative would result in an interruption in citywide street sweeping services as the City does not have staff resources and equipment to perform these services in-house.

ATTACHMENTS:

1. Resolution 2024-64, Street Sweeping Amendment.docx

2. Attach 2_RouteMap.pdf
78 3. Attach 3_Route Schedule.docx

4. Attached4_4.24.24Proposal.pdf

5. Attach 5_C00644 SCA Draft Agreement.pdf
79 Resolution 2024-64

Page 1 of 3 ends

RESOLUTION 2024-64

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

APPROVING THE FIFTH AMENDMENT TO THE STREET SWEEPING SERVICES

AGREEMENT WITH SWEEPING CORP OF AMERICA (SCA) EXTENDING THE TERM THROUGH FISCAL YEAR 2024/2025 AND INCREASING THE COMPENSATION OF THE TOTAL AGREEMENT BY $138,716 FOR THE EXTENDED TERM
WHEREAS, on June 9, 2020 for Fiscal Year 2020/2021 an agreement was awarded to Cannon Pacific Services dba Pacific Sweep with the option to renew for four (4) additional single years; and
WHEREAS, on June 8, 2021, the First Amendment to the Agreement was approved, extending the term for Fiscal Year 2021/2022 for an additional one-year period with the option to renew for three (3) additional single years; and
WHEREAS, on April 22, 2022, the Second Amendment to the agreement was processed changing the contractor name from Cannon Pacific Services, dba Pacific Sweeping, to SCA; and WHEREAS, on June 14, 2022, the Third Amendment to the agreement was approved for FY 2022/2023 based on available remaining contract renewals and Sourcewell Contract 062421- SWP, in the amount of $122,716 which included monthly services and as needed services in the amount of $10,000 with two (2) additional single years contract extensions remaining; and WHEREAS, on May 23, 2023, the Fourth Amendment to the street sweeping agreement was approved with rates increasing 7.31%; within the Consumer Price Index, increasing the agreement by $131,712 which included monthly street sweeping services in the amount of $120,960 ($33.60 per curb mile) for a 12- month period and services as needed in the amount of $10,752 with the remaining option to renew one (1) additional single-year contract; and WHEREAS, under approval of this resolution, the Fifth Amendment is approved for FY 2024/2025 based on Sourcewell Contract 062421-SWP, and a satisfactory evaluation of services currently provided; and
WHEREAS, the FY 2024/2025 will extend the term and increase compensation of the agreement in the amount of $138,716 which includes monthly commercial and residential service; services as needed; and monthly parking lot sweeping of Repplier, Roosevelt Williams and Lions Parks; and
WHEREAS, residential and commercial street sweeping services along with services as will be provided in the amount of $134,860 and funded by Gas Tax Funds, Account 100-4900-431.33- 11 (Professional Services) and monthly street sweeping services will be provided to the parking lots of Repplier, Roosevelt Willimas and Lions Parks in the amount of $3,855.25 and funded by Account 001-3600-461.30-01.

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

SECTION 1. The City Council approves the Fifth Amendment to the Street Sweeping Services Agreement with Sweeping Corp of America (SCA) extending the term through Fiscal Year 80 Resolution 2024-64

Page 2 of 3 ends

2024/2025 and increasing the compensation in the amount “not to exceed” $138,716 for the extended term.

SECTION 2. City Council authorizes the City Manager or designee to make necessary budget adjustments, appropriations and transfers related to the Fifth Amendment with SCA related to street sweeping services.

SECTION 3. City Council authorizes the City Manager to make necessary non-substantive revision to the agreement and to execute said agreement with SCA for Fiscal Year 2024/2025 street sweeping services.

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 14th day of May 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
81 Resolution 2024-64

Page 3 of 3 ends

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-64, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 14th day of May 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
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Pacific Sweeping- Street Sweeping Overview Map
R8
83 Street Sweeping Route Schedule
FY 2024-2025

ROUTE ROUTE TYPE FREQUENCY SERVICE DAYS
ROUTE
CURB
MILES

MONTHLY
CURB
MILES
ANNUAL
CURB
MILES
A. 1 Commercial 4 X/Month Thursdays 31 124 1488
B. 2 Residential Monthly 1st Wednesday 14 14 168
C. 3 Residential Monthly 1st Thursday 28 28 336
D. 4 Residential Monthly 1st Friday 27 27 324
E. 5 Residential Monthly 2nd Wednesday 20 20 240
F. 6 Residential Monthly 2nd Thursday 15 15 180
G. 7 Residential Monthly 2nd Friday 31 31 372
H. 8 Residential Monthly 3rd Wednesday 22 22 264
I. 9 Residential Monthly 3rd Thursday 19 19 228
K. As
Needed TBD TBD TBD TBD TBD TBD
Total 300 3,600
84 .

City Of Banning 4/24/24
Holly Stuart, MPA
Street Sweeping Services Renewal
Sourcewell Contract 062421-SWP for Request for Proposals No. 20-006.

SCA is pleased to offer a contract renewal with the nominal 3% CPI rate increase. 3,600 Curb Miles annually at a curb mile rate for fiscal 2024/2025 of $34.60 Annual total $124,560
Additionally, the services renewal will include as needed services in the amount not to exceed $10,300.

Normal working hours 7am -5 pm additional work hourly rate $109.

After hours emergency call out rate $185 per hour portal to portal.

Adding to the contract for fiscal 2024/2025 the following Parking lots to the commercial 1 x per month schedule.
• Repplier parking lot located at 789 N San Gorgonio Ave. $107.09 per sweep. • Roosevelt Williams parking lot located at 1101 E George St. $107.09 per sweep. • Lions parking lot located at 955 S Hargrave St. $107.09 per sweep.

Total $3,855.25
The sweeping services renewal not to exceed a total of $138,715.25.

TERRY ROBERTS
District Sales Manager
Sweeping Corp. of America
16251 Construction Cir W
Irvine, CA 92606
Direct: 714.620.4740
[email protected]
85 1
-888-SWEEPING sweepingcorp.com 4141 Rockside Road, Suite 100, Cleveland, OH 44131 2 86
AMENDMENT NO. 5 TO STREET SWEEPING AGREEMENT (C00644) BY AND BETWEEN THE CITY OF BANNING AND SCA OF CA, LLC.

THIS AMENDMENT NO. 5 TO THE AGREEMENT FOR STREET SWEEPING (“Amendment No. 5”) by and between the CITY OF BANNING (“City”) and SCA OF CA, LLC, a Delaware limited liability company (“Contractor”)” is effective as of this day:
_______________________.

RECITALS
A. On June 11, 2020, City and Contractor entered into that certain Agreement for Street Sweeping (“Agreement”) whereby Contractor agreed to provide Street Sweeping Services following Request for Proposals No. 20-006, in an amount not to exceed Ninety-One Thousand One Hundred Seventy-Six Dollars and Five Cents ($91,176.05).

B. On June 8, 2021, City and Contractor amended the Agreement (“Amendment No. 1”) to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2022, and to provide for compensation for services in that extended term in an amount not to exceed Eighty-Six Thousand Six-Hundred Eighty Dollars ($86,680.00).

C. On April 22, 2022, City and Contractor amended the Agreement (“Amendment No. 2”) to accept the Contractor name change. On March 4, 2021, SCA of CA, LLC. completed the acquisition of Cannon Pacific Services, Inc., dba Pacific Sweeping, changing the company name to SCA of CA LLC. All current and future documentation will list SCA of CA, LLC. as the Contractor.

D. On July 26, 2022, City and Contractor amended the Agreement (“Amendment No. 3”) to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2023, include minor changes to the rates, and to provide for compensation for services in that extended term in an amount not to exceed One Hundred Twenty-Two Thousand Seven Hundred Sixteen Dollars ($122,716.00).

E. On June 16, 2023, City and Contractor amended the Agreement (“Amendment No. 4”) to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2024, include minor changes to the rates, and to provide for compensation for services in that extended term in an amount not to exceed One Hundred Thirty-One Thousand Seven Hundred Twelve Dollars ($131.712.00).

F. City and Contractor now desire to amend the Agreement (“Amendment No. 5”) in accordance with City Council approval to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2025, modify the scope of services and to provide compensation for the extended contract term in an amount not to exceed One Hundred ThirtyEight Thousand Seven Hundred Fifteen Dollars and Twenty-Five Cents ($138,715.25).

TERMS

1. Contract Changes. The Agreement is amended as provided herein. 87 (a) Section 3 – “Term” of the Agreement is hereby amended to extend the Agreement term to June 30, 2025.
(b) Section 7 – “Compensation” of the Agreement is amended to provide that Contractor’s total compensation shall not exceed One Hundred Thirty-Eight Thousand Seven Hundred Fifteen Dollars and Twenty-Five Cents ($138,715.25), for a new contract total amount not to exceed Five Hundred Seventy Thousand Nine Hundred Ninety-Nine Dollars and Thirty Cents ($570,999.30). (c) The Scope of Services as set forth in Section 1.1 of and Exhibit A to the Agreement is hereby amended to include the Services set forth in Attachment 1, attached hereto and incorporated herein

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 5, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 5, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 5. In the event of a conflict between the provisions of this Amendment No. 5 and the provisions of the Agreement or Amendments No. 1 through 3, the provisions of this Amendment No. 5 shall control.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor 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.

Contractor represents and warrants to City that, as of the date of this Amendment No. 5, 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 Contractor that, as of the date of this Amendment No. 5, Contractor 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.

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. 5.

5. Authority. The persons executing this Amendment No. 5 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. 5 on behalf of said party, (iii) by so executing this Amendment No. 5, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Amendment No. 5 does not violate any provision of any other Agreement to which said party is bound.
88 6. Signatures: 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]
89 IN WITNESS WHEREOF the Parties hereto have executed this Amendment No. 5 to the Agreement the day and year first hereinabove written.

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

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Administrative City Clerk
Address:

APPROVED AS TO FORM:

Richards, Watson & Gershon
Serita R. Young Date
City Attorney
City Council Approval: ________________
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 CONTRACTOR’S BUSINESS ENTITY.
90 ATTACHMENT “1”
91 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Holly Stuart, Public Works Program Manager Arturo Vela, Director of Public Works
MEETING DATE: May 14, 2024
SUBJECT: Consideration of Resolution 2024-65, Receiving a Report in Connection with the Proposed Collection on the 2024-25 Riverside County Property Tax Roll of Delinquent Solid Waste Service Charges for Single-Family and Multi-Family Accounts for Calendar Year 2023, Setting a Public Hearing on the Report and Making a Determination of Exemption Under CEQA
RECOMMENDATION:

Adopt Resolution 2024-65.

BACKGROUND:

On April 27, 2021, the City Council approved a solid waste franchise agreement with Waste Management of the Inland Empire (Waste Management) for Residential and Commercial Garbage, Recyclable Materials and Organics Waste Collection, Transportation, Recycling and Disposal Services (Franchise Agreement), effective July 1, 2021.

In accordance with the Franchise Agreement, on October 12, 2021, the City Council adopted Ordinance No. 1576, amending and restating Chapter 8.28, “Garbage Collection and Disposal,” of Title 8, “Health and Safety,” of the Banning Municipal Code. In addition to implementing many aspects of the new Franchise Agreement, the ordinance allows the collection of delinquent residential service charges on the County Tax Roll in accordance with the Franchise Agreement and Article 4 of Chapter 6 of Part 3 of Division 5 of the California Health and Safety Code, commencing with Section 5470 (“Article 4”). The operative date of the amendments to the Municipal Code was January 1, 2022.

Pursuant to Article 4 of the Franchise Agreement, delinquent charges collected on the County Tax Roll will be collected in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City.

The Franchise Agreement establishes that Waste Management shall provide solid waste collection services to residential accounts, which includes both single-family dwellings (SFD) and multi-family dwellings (MFD) and that services provided to residential accounts that become delinquent are not able to be discontinued. In consideration of Waste Management not being able to discontinue residential services, the City committed to working with Waste Management in placing qualifying residential delinquencies on the County Tax Roll. To initiate the process, the Franchise Agreement requires Waste Management, on May 1st of each year or such other agreed upon date, to notify the City in writing that it seeks to have the City place qualifying delinquencies on the County Tax Roll. At no cost to the City, Waste Management is responsible for timely preparing required information, reports, notices, and 92 materials.

Pursuant to the Franchise Agreement, a qualifying delinquent charge is a SFD or MFD charge that is at least 90 days in arrears and for which Waste Management has provided at least one written notice of the delinquency by mail to the service recipient and to the property owner, as listed on the last equalized assessment roll.

JUSTIFICATION:

As permitted by the Franchise Agreement, Article 4, Waste Management submitted a formal letter to the City requesting that qualifying delinquent solid waste service charges for calendar year 2023 be placed on the 2024-25 County Tax Roll, including a description of each parcel within the City for which there is a qualifying delinquent charge (“Identified Parcel”) and the delinquent amount for each Identified Parcel (the “Report”). The Report is on file in the office of the City Clerk. Amounts listed in the Report include past due charges for service and delinquent fees (2.5% or $5 minimum on balances over $15) and County Tax Roll Fees that amount to 10% of unpaid balances per occurrence.

For the 2023 calendar year period, Waste Management’s request amounts to 890 delinquent residential accounts for a total principal balance of $340,655. The principal balance includes all invoices within the dates of January 1, 2023 through December 31, 2023, and include service fees, monthly late fees, extra services and may include multiple account billings for some parcels. Multiple account billings usually occur when the parcel has multiple units on one parcel.

The City Council must hold a Public Hearing on the Report and cause notice of the Public Hearing to be published and mailed. Under this resolution, the City acknowledges receipt of the Report, sets a public hearing on the Report on June 25, 2024, and directs the City Clerk to cause notice of the public hearing to be mailed and published. Notice must be published at least 14 days prior to the date of the Public Hearing and again at least five days after the first publication. The notice must be mailed at least 14 days prior to the Public Hearing to the owner of each Identified Parcel at the address shown on the last equalized assessment roll available on the date the Report was prepared or as known to the City Clerk, and to the address to which the invoices are customarily mailed, if different than the owner’s address.

The notice will identify that delinquent account holders or parcel owners have until July 19, 2024, to resolve any outstanding balances directly with Waste Management and be removed from placement on the County Tax Roll. Consequently, following this date, Waste Management shall provide an updated Report to the City which reflects the removal of any resolved delinquencies from the initial list. At the time of the Public Hearing, staff will provide the updated Report including an updated number of delinquent residential accounts to be placed on the County Tax Roll and the revised principal balance.

At the Public Hearing, the City Council shall hear and consider all objections or protests, if any, to the Report. If the City Council finds at the conclusion of the Public Hearing that the protest is made by the owners of a majority of the separate Identified Parcels, then the Report shall not be adopted and the delinquent charges shall not be collected on the County Tax Roll. In the absence of a majority protest, the City Council may adopt or reduce any delinquent charge or overrule any or all objections.

By approving this Resolution, the City Manager or his designee is authorized, prior to the submission of the delinquent charges to the County Auditor Controller for collection on the 2024-25 County Tax Roll, to remove from the Report any Identified Parcel for which the delinquent charge has been paid in full, or to reduce the delinquent amount set forth in the Report for any Identified Parcel for which there has been a partial payment of the delinquent amount.

Under this approval, the City Council will be authorizing the scheduling of a Public Hearing on June 25, 2024 and directing staff to initiate the County Tax Roll collection process.

CEQA:
93 City staff has evaluated the proposed collection of the delinquent charges on the County Tax Roll for purposes of compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. City staff has determined that the proposed collection of delinquent charges on the tax roll is an activity covered by the common sense exemption in that it can be seen with certainty that there is no possibility that such collection may have a significant effect on the environment because the collection only addresses the cost of an existing service provided to the public and not the commencement of a new service or program. Accordingly, the process for the collection of the delinquent charges on the County Tax Roll is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).

FISCAL IMPACT:

At no cost to the City, Waste Management shall be responsible, without limitation, for all costs associated with preparing required information, including but not limited to, reports, notices, and materials, publication costs, and Riverside County fees. The Franchise Agreement provides that the City will pay Waste Management moneys collected from the payment of the delinquent charges placed on the County Tax Roll, less the franchise fee equal to twelve and one-half percent (12.5%).

ALTERNATIVES:

1. Adopt Resolution 2024-65 as recommended.

2. Adopt Resolution 2024-65 with modifications.

3. Reject Resolution 2024-65 and provide alternative direction to staff. If rejected, pursuant to the Franchise Agreement, Waste Management shall have the right to dispute the denial action by pursing measures outlined in the Franchise Agreement.

ATTACHMENTS:

1. Resolution 2024-65, WM Tax Roll Additions for Solid Waste Delinquencies.docx

2. Attach2_WMLetter_4.04.24.pdf
94 Resolution 2024-65

Page 1 of 4 ends

RESOLUTION 2024-65

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

RECEIVING A REPORT IN CONNECTION WITH THE PROPOSED COLLECTION ON THE 2024-25 RIVERSIDE COUNTY PROPERTY TAX ROLL OF DELINQUENT SOLID WASTE

SERVICE CHARGES FOR SINGLE-FAMILY AND MULTI-FAMILY ACCOUNTS, SETTING A

PUBLIC HEARING ON THE REPORT, AND MAKING A DETERMINATION OF EXEMPTION

UNDER CEQA
WHEREAS, the City Council is authorized pursuant to Section 8.28.270 of the Banning Municipal Code and Article 4 of Chapter 6 of Part 3 of Division 5 of the California Health and Safety Code, commencing with Section 5470 (“HSC Code”), to levy and collect annual service charges for the collection, transportation, recycling and disposal of solid waste (“Charges”) and to have the delinquent Charges for single-family and multi-family accounts collected on the County of Riverside Property Tax Roll (“Tax Roll”); and WHEREAS, the City Council agreed to collect qualifying delinquent Charges for singlefamily and multi-family accounts on the Tax Roll in consideration of the agreement of the City’s franchised hauler, Waste Management of the Inland Empire (“Waste Management”), not to discontinue collection services for single-family and multi-family customers with delinquent accounts; and
WHEREAS, pursuant to HSC Section 5473, delinquent Charges collected on the Tax Roll shall be collected in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City; and WHEREAS, pursuant to its solid waste franchise agreement with the City, Waste Management notified the City in writing on April 4, 2024, that it seeks to have the City collect qualifying delinquent Charges for single-family and multi-family accounts for the 2023 calendar year on the 2024-25 Tax Roll. Pursuant to the Franchise Agreement, a qualifying delinquent Charge is a Charge that is at least 90 days in arrears and for which Waste Management has provided at least one written notice of the delinquency by mail to the service recipient and to the property owner, as the property owner is listed on the last equalized assessment roll (“Delinquent Charge”); and
WHEREAS, the City has caused a written report to be prepared and filed with the City Clerk in accordance with HSC Sections 5473 and 5473a (“Report”). The Report contains a description of each parcel within the City for which there is Delinquent Charge in connection with a single-family or multi-family account (“Identified Parcel”) and the delinquent amount for each Identified Parcel. The City has received the Report, which is on file in the office of the City Clerk; and
WHEREAS, the City Council desires to set a public hearing on the Report pursuant to HSC Sections 5473 and 5473a to consider collecting the Delinquent Charges on the 2024-25 Tax Roll, as described herein.

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

SECTION 1. Each of the above recitals is true and correct and is adopted by the City Council. 95 Resolution 2024-65

Page 2 of 4 ends

SECTION 2. The City Council concurs with staff’s determination that the proposed collection of the Delinquent Charges on the 2024-25 Tax Roll is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that there is no possibility that such collection will have a significant effect on the environment because the collection of the Delinquent Charges on the Tax Roll only addresses the cost of an existing service provided to the public and not the commencement of a new service or program. Consequently, the City Council finds the process for the collection of the Delinquent Charges on the 2023-24 Tax Roll is exempt from CEQA pursuant to State CEQA Guidelines Section 15061 (b)(3).

SECTION 3. The City Council hereby sets a Public Hearing at 5:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers, 99 East Ramsey Street, Banning, CA, on June 25, 2024, to hear any objections or protests to the Report and the collection of the Delinquent Charges on the 2024-25 Tax Roll in accordance with the Report.

SECTION 4. The City Clerk is hereby directed to cause notice of the filing of the Report and the time and place of the Public Hearing thereon to be: (i) published prior to the date set for the Public Hearing pursuant to HSC Section 5473.1 and Government Code Section 6066, and (ii) mailed at least 14 days prior to the date of the Public Hearing to the owner of each Identified Parcel at the address shown on the last equalized assessment roll available on the date the Report was prepared or as known to the City Clerk, and to the service address, if different than the owner’s address.

SECTION 5. At the Public Hearing, the City Council shall hear and consider all objections or protests, if any, to the Report. The City Council may continue the Public Hearing from time to time. If the City Council finds at the conclusion of the Public Hearing that the protest is made by the owners of a majority of the separate Identified Parcels, then the Report shall not be adopted and the Delinquent Charges shall be collected separately from the Tax Roll and shall not constitute a lien against any parcel. In the absence of a majority protest, the City Council may adopt or reduce any Delinquent Charge or overrule any or all objections and shall make its determination upon the Delinquent Charges as described in the Report, which determination shall be final. Further, the City Council authorizes the City Manager or designee, prior to the submission of the Delinquent Charges to the County Auditor Controller for collection on the 2024-25 Tax Roll, to remove from the Report any Identified Parcel for which the Delinquent Charge has been paid in full, or to reduce the delinquent amount set forth in the Report for any Identified Parcel for which there has been a partial payment of the delinquent amount.

SECTION 6. 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 14th day of May 2024.

Alberto Sanchez, Mayor
City of Banning
96 Resolution 2024-65

Page 3 of 4 ends

ATTEST:

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

Serita R. Young, City Attorney
Richards, Watson & Gershon
97 Resolution 2024-65

Page 4 of 4 ends

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-65, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 14th day of May 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
98 April 4, 2024,
Mr. Art Vela, P.E.

Director of Public Works/City Engineer
City of Banning
99 East Ramsey Street
Banning, CA 92220
RE: 2023 Tax Roll Process
Dear Mr. Vela,
Per Section 4.02.1 of the Franchise Agreement, WM is required to provide notification in writing by May 1st of our intent to place delinquent accounts on tax roll for calendar year 2023. 99 Once we established the dates, we will provide the customer delinquent report, notification to customers, and all other required information and support for the hearing, and any other related activities to this matter.

Should you have any questions, please contact me at (951) 415-4389. Thank you for your time.

Respectfully,
Douglas Tani
Public Sector Manager
WM
100

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Laurie Sampson, Assistant City Manager
MEETING DATE: May 14, 2024
SUBJECT: Consider Resolution 2024-66, Approving an Office Lease with Riverside County on Behalf of the Emergency Management Department for Office Space within the Armory Located at 2041 W. Nicolet St. to be used by the Radio Amateur Emergency Service (RACES)
RECOMMENDATION:

Adopt Resolution 2024-66.

BACKGROUND:

RACES stands for “Radio Amateur Civil Emergency Service” a protocol created by the Federal Emergency Management Agency (FEMA) and the Federal Communications Commission (FCC). Many government agencies across the county train their Auxiliary Communications Service volunteers using RACES protocol. Amateur Radio Operators, also known as Ham Radio Operators, are an important component in an Emergency Communication Plan. The Radios will still operate without cell towers and phone lines.

JUSTIFICATION:

The Pass Area RACES organization is highly trained and is an integral part of the Emergency Response Plan should an emergency occur. The Armory has been designated as the Emergency Operations Command (EOC) and having RACES located in the building will ensure any emergency operation is conducted efficiently.

FISCAL IMPACT:

RACES will pay $1 per year for a total of three years, with an option to renew. They will also contribute to the utilities of the Armory at a rate of $100 per month.

ALTERNATIVES:

The Pass Area RACES groups have used several locations to train and store their equipment. None have worked out long term. As the Armory is now our designated Emergency Operations Center housing RACES there is the best solution to the needs of RACES and the City. If RACES must find another location it would impede communications in the event of an emergency.

ATTACHMENTS:

1. Resolution 2024-66, Office Lease Agreement with RivCo.docx

2. Banning - Office Lease_Armory Bldg (RACES) draft.pdf 101
Resolution 2024-66

Page 1 of 4 ends

RESOLUTION 2024-66

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

APPROVING AN OFFICE LEASE WITH RIVERSIDE COUNTY ON BEHALF OF THE

EMERGENCY MANAGEMENT DEPARTMENT FOR OFFICE SPACE WITHIN THE ARMORY LOCATED AT 2041 W. NICOLET ST. TO BE USED BY THE RADIO AMATEUR EMERGENCY

SERVICES (RACES)
WHEREAS, RACES stands for “Radio Amateur Civil Emergency Service” a protocol created by the Federal Emergency Management Agency (FEMA) and the Federal Communications Commission (FCC). Many government agencies across the county train their Auxiliary Communications Service volunteers using RACES protocol. Amateur Radio Operators, also known as Ham Radio Operators, are an important component in an Emergency Communication Plan. The Radios will still operate without cell towers and phone lines; and WHEREAS, the Pass Area RACES organization is highly trained and is an integral part of the Emergency Response Plan should an emergency occur. The Armory has been designated as the Emergency Operations Command (EOC) and having RACES located in the building will ensure any emergency operation is conducted efficiently; and WHEREAS, RACES will pay $1 per year for a total of three years, with an option to renew.

They will also contribute to the utilities of the Armory at a rate of $100 per month.

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

SECTION 1. The City Council approves the Office Lease Agreement with Riverside County Emergency Management Services and authorizes the City Manager to sign said agreement.

SECTION 2. 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, and record the Agreement with he County of Riverside
PASSED, APPROVED AND ADOPTED this 14th day of May 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
102
Resolution 2024-66

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APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita R. Young, City Attorney
Richards, Watson & Gershon
103
Resolution 2024-66

Page 3 of 4 ends

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-66, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 14th day of May 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
104
Resolution 2024-66

Page 4 of 4 ends

EXHIBIT A
Office Lease Agreement with Riverside County ON Behalf of the Emergency Management Department
105
11303-0006\2945394v5.doc

OFFICE LEASE
(Space in Armory Building)
This OFFICE LEASE (“Lease”) is dated _____________, 2024, and is entered into by and between the CITY OF BANNING (the “Landlord”) and the COUNTY OF RIVERSIDE (the “Tenant”) on behalf of the Emergency Management Department.

RECITALS
A. Landlord is the owner of certain real property (the “Property”) located in the City of Banning, County of Riverside, State of California, commonly known as the Armory Building (the “Building”), located at 2041 Nicolet Street (APN: 538-082-013).

B. Tenant desires to lease from Landlord, and Landlord desires to lease to Tenant, office space in the Building commonly known as the south office room (approximately 162 square feet of space) described on Exhibit “A” (the “Premises”), upon and subject to the terms and conditions hereinafter set forth.

AGREEMENT

1. Memorandum of Lease; Term; Termination Option.
(a) Concurrently with its execution and delivery of a counterpart original of this Lease, Tenant shall also execute and deliver to Landlord a counterpart of the Memorandum of Lease in substantially the form attached hereto as Exhibit “B” for execution and recording by Landlord, as required by California law.
(b) The term of this Lease shall commence on _____________, 2024, and shall expire three (3) calendar years thereafter (“Term”), unless terminated earlier in accordance with the terms of this Lease. Landlord shall give Tenant keys to the door of the Building and the door of the Premises and the alarm code, and Tenant shall not change any locks or codes. Tenant acknowledges that its use of the areas of any portions of the Building and parking areas other than the actual Premises is non-exclusive and is in common with the Landlord and other tenants of the Building.
(c) Either party may terminate this Lease at any time upon sixty (60) days’ prior written notice to the other party.

2. Use: Compliance with Laws.
(a) The Premises may be used by Tenant solely for City of Banning and County of Riverside emergency response operations performed by Tenant’s volunteer operators of Radio Amateur Civil Emergency Service (“RACES”). RACES is a protocol created by the Federal Emergency Management Agency and the Federal Communications Commission (FCC Part 97, Section 407). The RACES volunteer operators serve Tenant pursuant to guidelines and mandates established by Riverside County emergency management officials. The RACES volunteer operators are: (1) licensed Radio Amateurs; (2) certified by a civil defense agency; (3) able to 106
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communicate on Amateur Radio frequencies during drills, exercises, and emergencies; and (4) the only Amateur Radio operators authorized to transmit during declared emergencies when the President of the United States specifically invokes the War Powers Act. (b) Tenant agrees that the Premises and its use of the Premises will at all times be in strict compliance with all applicable laws, rules, and regulations of all governmental authorities having jurisdiction, and Tenant, at its sole cost and expense, agrees to comply with all such laws, rules, and regulations, including, without limitation, all laws, rules, and regulations requiring the making of structural or extraordinary repairs or replacements to the Premises and all laws, rules, and regulations relating to the use, generation, storage, or release of Hazardous Materials. In addition to Tenant’s other obligations of indemnity under this Lease, Tenant agrees to indemnify, protect, defend (by counsel reasonably satisfactory to Landlord) and hold Landlord and its officials, officers, agents, and employees, and each of them, harmless from and against all claims, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys’ fees and costs) which they, or any of them, may suffer or incur arising from or relating to the use, generation, storage or release by Tenant, its agents, employees, contractors, guests or invitees of any Hazardous Materials in, on, or about the Premises.
(c) “Hazardous Materials” shall mean any and all of the following:
(i) any substance, product, waste, or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C.A. § 9601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C.A. § 1801 et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C.A. § 6901 et seq.; the Toxic Substances Control Act, 15 U.S.C.A. § 2601 et seq.; the Clean Water Act, 33 U.S.C.A. § 1251 et seq.; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C.A. § 136 et seq.; the Superfund Amendments and Reauthorization Act, 42 U.S.C.A. § 6901 et seq.; the Clean Air Act, 42 U.S.C.A. § 7401 et seq.; the Safe Drinking Water Act, 42 U.S.C.A. § 300f et seq.; the Solid Waste Disposal Act, 42 U.S.C.A. § 6901 et seq.; the Surface Mining Control and Reclamation Act, 30 U.S.C.A. § 1201 et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C.A. § 11001 et seq.; the Occupational Safety and Health Act, 29 U.S.C.A. §§ 655 and 657; the Hazardous Waste Control Act, Health & Saf. Code, § 25100 et seq.; the Hazardous Substance Account Act, Health & Saf. Code, § 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health & Saf. Code, § 25249.5 et seq.; the Underground Storage of Hazardous Substances, Health & Saf. Code, § 25280 et seq.; the Carpenter-Presley-Tanner Hazardous Substance Account Act, Health & Saf. Code, § 25300 et seq.; the Hazardous Waste Management Act, Health & Saf. Code, § 25170.1 et seq.; the Hazardous Materials Response Plans and Inventory, Health & Saf. Code, § 25001 et seq.; the Porter-Cologne Water Quality Control Act, Wat. Code, § 13000 et seq., all as they may from time to time be amended;
(ii) any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state, or local statute, law, ordinance, resolution, code, rule, regulation, order, or decree due to its hazardous, toxic or dangerous nature; 107
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(iii) any petroleum, crude oil, or any substance, product, waste, or other material of any nature whatsoever that contains gasoline, diesel fuel, or other petroleum hydrocarbons other than petroleum and petroleum products contained within regularly operated motor vehicles; and
(iv) polychlorinated biphenyls (PCB), radon gas, urea formaldehyde, asbestos, and lead.

3. Rent. As rent for the Premises, Tenant agrees to pay to Landlord the sum of One and No/100 Dollar ($1.00) per year without prior notice and without offset or deduction.

4. Concessions. Landlord is not providing any so-called tenant concessions or allowances.

5. CASp Statement; “AS-IS” Premises.
(a) The Premises have not been inspected by a Certified Access Specialist (CASp). A CASp can inspect the subject premises and determine whether they comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, a commercial property owner or lessor may not prohibit Tenant or a tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of Tenant or a tenant, if requested by Tenant or a tenant.

The parties must mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the subject premises.
(b) Landlord and Tenant hereby agree that Landlord will not be obligated to obtain or pay for such an inspection report, and will not make or pay for any necessary repairs or alterations (all of which shall be the responsibility of the Tenant under this Lease). (c) Tenant acknowledges that it has inspected the Premises and Tenant warrants and agrees that it is thoroughly familiar with the Premises and all aspects thereof, including, without limitation, the physical condition of the Premises, the zoning of the Premises and all other restrictions and limitations applicable to the Premises (whether or not of public record). (d) Tenant acknowledges and agrees that the Premises are satisfactory to Tenant in all respects. Tenant agrees that neither Landlord nor any one acting on Landlord’s behalf has made any representation or warranty of any kind or nature whatsoever respecting the condition of the Premises, their suitability for Tenant’s use, or any other matter relating to the Premises (including, without limitation, the environmental condition of the Premises) or this Lease, and Tenant agrees that it is leasing the Premises in their “AS-IS CONDITION AND WITH ALL FAULTS.”

6. Maintenance.
(a) Tenant agrees that it will, at its sole cost and expense, maintain the Premises and all portions thereof in a good, clean, and safe condition and state of repair. Tenant agrees that 108
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Landlord has no obligation of any kind or nature to maintain, repair, or replace the Premises or any portion of the Premises.
(b) Tenant agrees that Tenant is solely responsible for the security, protection, and insuring of its equipment, materials, and other property, and that of its employees, servants, and contractors, located on or about the Premises. Tenant agrees that Landlord will have no liability of any kind or nature respecting any loss or theft of, or damage to, any such equipment, materials, or other property.

7. Insurance.
(a) Throughout the term of this Lease, Tenant shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A-VII” in Best’s Insurance Rating Guide, or (ii) authorized by the City Manager or his/her designee at any time and in his/her sole discretion, including Tenant’s selfinsurance program. The following policies of insurance or their equivalent as part of a program(s) of self-insurance acceptable to both parties, are required:
(i) Commercial general liability insurance which shall be at least as broad as Insurance Services Office (ISO) form CG 00 01 and shall include insurance for “bodily injury” and “property damage,” including premises and operation, completed operations, and contractual liability (including, without limitation, indemnity obligations under this Lease) with limits of liability of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) general aggregate for bodily injury and property damage. (ii) Commercial automobile liability insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than One Million Dollars ($1,000,000) per accident for bodily injury and property. (iii) Workers’ compensation insurance as required under the California Labor Code.
(iv) Property insurance against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision. (b) In the event Tenant purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). (c) Tenant shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Tenant shall also be responsible for payment of any selfinsured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his or her designee. At the option of the City Manager, or his or her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects Landlord, its officers, officials, employees, agents and volunteers; or (ii) Tenant shall 109
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provide a financial guarantee, satisfactory to the City Manager, or his or her designee, guaranteeing payment of losses and related investigations, claim administration, and defense expenses. At no time shall Landlord, its officers, officials, employees, agents, or volunteers be responsible for the payment of any deductibles or self-insured retentions.
(d) All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, or reduced in coverage or in limits except after thirty (30) calendar days’ written notice by certified mail, return receipt requested, has been given to Landlord. Upon issuance by the insurer, broker, or agent of a notice of cancellation, nonrenewal, or reduction in coverage or in limits, Tenant shall furnish Landlord with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during this Lease, Tenant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy.
(e) The General Liability insurance policy shall be written on an occurrence form and shall name Landlord and its officers, officials, employees, agents, and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tenant’s insurance shall be primary and no contribution shall be required of Landlord, its officers, officials, employees, agents, or volunteers. The coverage(s) shall contain no special limitations on the scope of protection afforded to Landlord and its officers, officials, employees, agents, and volunteers. Should Tenant maintain insurance with broader coverage and/or limits of liability greater than those shown above, Landlord requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Tenant. Any workers’ compensation insurance policy shall contain a waiver of subrogation as to Landlord and its officers, officials, employees, agents, and volunteers. The property insurance policy shall name Landlord as a loss payee. (f) Upon Landlord’s request, Tenant shall immediately furnish Landlord with a complete copy of any insurance policy required under this Lease, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy.

This requirement shall survive expiration or termination of this Lease. (g) The fact that insurance is obtained by Tenant shall not be deemed to release or diminish Tenant’s liability, including, without limitation, liability under the indemnity provisions of this Lease. The duty to indemnify Landlord and its officers, officials, employees, agents, and volunteers shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Tenant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Tenant, its board members, officers, officials, employees, members, agents, volunteers, persons under Tenant’s supervision, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
(h) Tenant and its insurers hereby waive all rights of recovery against Landlord and its officers, officials, employees, agents, and volunteers, on account of injury, loss by, or damage to Tenant or its officers, officials, employees, members, agents, volunteers, persons under Tenant’s supervision, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or 110
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anyone employed directly or indirectly by any of them, or its property or the property of others under its care, custody and control. Tenant shall give notice to its insurers that this waiver of subrogation is contained in this Lease. This requirement shall survive termination or expiration of this Lease.
(i) If Tenant should sublease the Premises under this Lease, Tenant shall require sub-lessee to provide insurance protection in favor of Landlord, its officers, officials, employees, agents, and volunteers in accordance with the terms of each of the preceding paragraphs, except that the sub-lessee’s certificates and endorsements shall be on file with Tenant and Landlord prior to the commencement of any sublease.

8. Damage/Destruction of Tenant Property. Landlord has no obligation to reimburse Tenant for the loss of or damage to fixtures, equipment or other personal property, except for loss or damage as is caused by the active gross negligence or willful misconduct of Landlord or its officers, employees, or agents. Tenant may insure all fixtures, equipment, or other personal property for its own protection if it so desires.

9. Indemnification.
(a) Tenant shall indemnify, hold harmless, and defend Landlord and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs, and damages (whether in contract, tort, or strict liability, including, without limitation, personal injury, death at any time, and property damage, including damage by fire or other casualty) incurred by Landlord, Tenant, or any other person, and from any and all claims, demands, and actions in law or equity (including attorneys’ fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of: (i) the occupancy, maintenance, and use of the Premises and/or; (ii) the performance of this Lease. Tenant’s obligations under the preceding sentence shall apply regardless of whether Landlord or any of its officers, officials, employees, agents, or volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs, or damages caused solely by the gross negligence, or by the willful misconduct, of Landlord or any of its officers, officials, employees, agents, or volunteers. (b) Should Tenant sublease the Premises under this Lease, Tenant shall require each sub-lessee to indemnify, hold harmless, and defend Landlord and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph.
(c) This requirement shall survive termination or expiration of this Lease.

10. Utilities. Tenant agrees to pay, as additional rent, without prior demand and without deduction or offset, on or before the first business day of each calendar month (prorated for any partial calendar month during the Term of this Lease), the sum of One Hundred and No/100 Dollars ($100.00) per month for water, sewer, gas, heat, light, power, and all other utilities or services of any kind supplied to the Premises. It is agreed that Landlord is not liable for any failure or interruption of any utility or service, and the failure or interruption of any utility or service will not entitle Tenant to terminate this Lease or stop making any rental or other payments due under this Lease.
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11. Taxes. Tenant acknowledges that this Lease may create a possessory interest subject to taxation and that Tenant may be subject to payment of any and all taxes levied on that possessory interest. Tenant shall also pay any property taxes assessed on its personal property.

12. Alterations.
(a) Tenant agrees that it will not make any alterations or improvements to the Premises, or any portion of the Premises, without Landlord’s prior written consent in its sole and absolute discretion. No alterations or additions may affect the structural portions of the Premises, including, without limitation, the exterior or interior load-bearing walls, the foundation, or the roof of the Premises. Landlord shall be under no obligation to give its consent. If Landlord consents to the making of any alterations or improvements, Tenant agrees that such alterations or improvements will be made in strict compliance with all applicable laws, rules, and regulations of all governmental authorities having jurisdiction, will be performed in a good and workmanlike manner, and will be made in compliance with such other conditions, including, without limitation, the obtaining of performance and completion bonds, as Landlord may require in connection with the granting of its consent.
(b) Tenant agrees that it will pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at or for use on the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein. All alterations and improvements made by Tenant shall, at Landlord’s option and at Tenant’s sole cost and expense, be removed from the Premises at the end of the term of this Lease and the Premises restored to their condition prior to the making of such alterations or improvements.

13. Tenant’s Property. All trade fixtures, equipment, and personal property of Tenant located at the Premises will remain the property of Tenant during the term of this Lease and may be removed by Tenant at any time and shall be removed by Tenant prior to the expiration or other termination of the term of this Lease. If Tenant does not do so, Landlord may retain or dispose of any such remaining fixtures, equipment, and personal property without obligation or liability to Tenant, and Tenant hereby waives all statutes and other laws to the contrary. Tenant, at Tenant’s cost and expense, must promptly repair all damage to the Premises occasioned by Tenant’s removal of its trade fixtures, equipment, and personal property.

14. Premises Damage and Destruction. If the Premises or any portion thereof are damaged or destroyed by any casualty (whether or not insured), either party may terminate this Lease by written notice to the other.

15. Assignment, Subletting, and Invitees. Tenant may not assign any of its rights or delegate any of its duties under this Lease, or sublet all or any part of the Premises nor permit the occupancy thereof by any other person or entity, except that the RACES volunteers operators shall be permitted invitees of Tenant’s in the Premises. Within seven (7) business days of the date of this Lease, Tenant shall provide Landlord with a list of names of the RACES volunteer operators who Tenant intends to invite and permit on the Premises, and shall provide Landlord with an updated list of such operators within five (5) calendar days of Tenant’s subsequent changes to permitted invitees.
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16. Tenant Default. The occurrence of any one or more of the following shall constitute a default by Tenant:
(a) Failure by Tenant to make payment of rent or any other payments required to be made by Tenant hereunder within five (5) business days after written notice that they are past due.
(b) Failure by Tenant to keep and maintain any of the insurance required to be kept and maintained by Tenant under this Lease.
(c) Failure by Tenant to observe or perform any of the covenants or provisions of this Lease, other than as provided in subsections (b) and (c) of this Section 16, when such failure continues for a period of thirty (30) days after written notice of such failure is given by Landlord to Tenant; provided, that if the nature of Tenant’s failure is such that more than thirty (30) days are reasonably required for its cure, then Tenant will not be deemed to be in default if Tenant promptly commences such cure and thereafter diligently prosecutes such cure to completion.

17. Remedies. If Tenant is in default, then, in addition to all other rights and remedies which Landlord may have at law or in equity, Landlord has the following rights and remedies which are not exclusive but are cumulative:
(a) To the extent permitted by law, Landlord can, with or without terminating this Lease, reenter the Premises and remove all property and persons therefrom, and any such property may be removed and stored in a public warehouse or elsewhere at the cost and for the account of Tenant. If Landlord elects to reenter or shall take possession of the Premises pursuant to legal proceedings or pursuant to any notice provided by law, and if Landlord has not elected to terminate this Lease, Landlord may either recover all rent as it becomes due under this Lease or relet the Premises or any part or parts thereof for such term or terms and upon such provisions as Landlord may deem advisable and will have the right to make repairs to and alterations of the Premises. No reentry or taking possession of the Premises by Landlord is to be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant by Landlord. Notwithstanding any reletting without termination by Landlord because of Tenant’s default, Landlord may at any time after such reletting elect to terminate this Lease because of such default if Landlord elects to relet the Premises without terminating this Lease, then rent received by Landlord therefrom will be applied as follows:
(i) First, to any indebtedness from Tenant to Landlord other than rent due from Tenant;
(ii) Second, to all costs and expenses, including, without limitation, for maintenance, repairs, or alterations, incurred by Landlord in connection with reletting the Premises; and
(iii) Third, to the payment of rent due and unpaid under this Lease and the residual, if any, will be held by Landlord and applied in payment of future rent as the same may become due and payable under this Lease and to any damages and other amounts that Landlord is otherwise entitled to under this Lease. Should that portion of such rent received from such reletting during any month, which is applied to the payment of rent hereunder, be less than 113
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the rent payable hereunder during that month by Tenant, then Tenant agrees to pay such deficiency to Landlord immediately upon demand. In no event will Tenant be entitled to any excess rent received by Landlord from such reletting.
(b) Landlord can terminate Tenant’s right to possession of the Premises at any time. No act by Landlord other than giving written notice to Tenant will terminate this Lease.

Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On termination, Landlord has the right to recover from Tenant any amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant’s default.
(c) Without waiving the default, Landlord can, at its sole option, pay such sums and/or take such actions as are necessary in Landlord’s reasonable judgment in order to cure the default, and all sums expended or incurred by Landlord in connection therewith, together with interest thereon at the maximum rate permitted by law, shall be paid by Tenant to Landlord immediately on demand.

18. Landlord Entry. Landlord and its authorized representatives shall have the right upon reasonable prior written notice to Tenant to enter all portions of the Premises for any of the following purposes: (a) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease; (b) to inspect the Premises; (c) in connection with Landlord’s design and construction planning respecting Landlord’s future use of the Premises; and (d) to post notices of non-responsibility. Notwithstanding the foregoing to the contrary, Landlord and its authorized representatives shall have the right to enter the Premises at any time, and without notice to Tenant, where an emergency situation necessitates such entry. No exercise by Landlord of its rights under this Section shall entitle Tenant to any damages for any injury or inconvenience occasioned thereby or to any abatement of rent or other amounts payable under this Lease.

19. Surrender of Premises. Upon the expiration or other termination of the term of this Lease, Tenant agrees to surrender possession of the Premises, and every part thereof, to Landlord in good order, condition, and repair, ordinary wear and tear alone excepted. “Ordinary wear and tear” does not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease.

20. Notices. Except as otherwise provided, all notices required or permitted to be given under this Lease must be in writing and addressed to the parties at their respective notice addresses set forth below; provided, that notices to Tenant may also be effectively given in writing and addressed to Tenant at the Premises address. Notices must be given by commercial delivery service) or by first-class mail, postage prepaid. Notices will be deemed effectively given, in the case of overnight messenger delivery, upon receipt (or if receipt is refused, upon attempted delivery), and in the case of mailing, three (3) days following deposit into the custody of the United States Postal Service (or inability to deliver, as shown on the return receipt). The notice addresses of the parties are as follows:

If to Landlord:
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City of Banning
Attention: City Manager
99 East Ramsey Street
Banning, California 92220
If to Tenant:

Radio Amateur Civil Emergency Service
c/o Riverside County Emergency Management Department
Attention: Erik Ramirez
450 E. Alessandro Boulevard
Riverside, California 92508

21. Waiver and Release of Relocation Benefits. Tenant acknowledges that upon the expiration or earlier termination of the Term, including any extension thereof, or upon termination of any holdover tenancy (collectively “Expiration of Tenancy”), Tenant might be or become eligible to receive compensation, reimbursement, assistance, including, without limitation, the fair market value of real and personal property, loss of goodwill, loss of profits, actual and reasonable expenses for moving a business, loss of tangible personal property as a result of moving the business, expenses incurred in searching for a replacement site for the business, expenses to reestablish the business at the new site, “in-lieu payments,” and other such benefits (collectively “Benefits”) under the California Relocation Assistance Act (Gov. Code, § 7260 et seq.), Title 25 of the California Code of Regulations, Article 1, § 19 of the California Constitution, the California Eminent Domain Law (Code Civ. Proc., § 1230.010 et seq.), or other similar local, state, or federal statute, ordinance, regulation, rule, or decisional law (collectively “Compensatory Laws”). Tenant further acknowledges that it has received full and fair compensation of all Benefits Tenant is or might be or might become entitled to recover from Landlord as a result of, or in any way related to, Expiration of the Tenancy, Landlord’s acquisition of the Premises, and Landlord’s occupancy and possession of the Premises. Therefore, being fully informed of and understanding the acknowledgments made herein and of Tenant’s rights or potential rights to Benefits under the Compensatory Laws, Tenant hereby expressly and unconditionally waives, and releases Landlord from, any and all rights of Tenant to claim, demand, sue for, or receive any Benefits which Tenant is or might be or might become entitled to recover from Landlord as a result of, or in any way related to, Expiration of the Tenancy, Landlord’s acquisition of the Premises, and Landlord’s occupancy and possession of the Premises.

22. General.
(a) The acceptance by Landlord of any rental or other payments due hereunder with knowledge of the breach of any of the terms, covenants, or provisions of this Lease by Tenant shall not be construed as a waiver of any such breach. The acceptance at any time or times by Landlord of any sum less than that which is required to be paid by Tenant shall, unless Landlord specifically agrees otherwise in writing, be deemed to have been received only on account of the obligation for which it is paid, and shall not be deemed an accord and satisfaction notwithstanding any provisions to the contrary written on any check or contained in any writing transmitting the same.
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(b) The titles to the sections of this Lease are for convenience of reference only and are not a part of this Lease and shall have no effect upon the construction or interpretation of any part of this Lease. Any exhibits attached to this Lease are, however, a part of this Lease. This Lease shall be governed by and construed in accordance with the laws of the State of California, without regard to any otherwise governing principles of conflicts of law. In construing this Lease, none of the parties to it shall have any term or provision construed against it solely by reason of its having drafted the same.
(c) Any provision of this Lease that is invalid, illegal, or unenforceable shall be ineffective to the extent of such invalidity, illegality, or unenforceability without invalidating, diminishing, or rendering unenforceable the rights and obligations of the parties under the remaining provisions of this Lease.
(d) No term or provision of this Lease may be amended, altered, modified, or waived orally or by a course of conduct, but only by an instrument in writing signed by a duly authorized officer or representative of the party against which enforcement of such amendment, alteration, modification, or waiver is sought. Any amendment, alteration, modification, or waiver shall be for such period and subject to such conditions as shall be specified in the written instrument effecting the same. Any waiver shall be effective only in the specific instance and for the specific purpose for which given.
(e) This Lease and all exhibits attached to it constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements (whether written or oral) with respect to that subject matter. (f) This Lease may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (g) If either party hereto brings an action to enforce the terms hereof or declare rights hereunder, the prevailing party in such action, on trial or appeal, shall be entitled to reasonable attorneys’ fees to be paid by the losing party as fixed by the court. (h) Time is of the essence of each provision hereof in which time is a factor.

The parties have caused this Lease to be duly executed by their respective duly authorized officers or representatives as of the date first set forth above.

LANDLORD:

CITY OF BANNING
_____________________________
Alberto Sanchez, Mayor__________________
Attest:

Caroline Patton, Administrative City Clerk
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Approved as to Form:

By:

Serita Young,
City Attorney
TENANT:

COUNTY OF RIVERSIDE
By:

Print Name:

Title:

Attest:

Name:

Title:

Approved as to Form:
_______________________________
Minh C. Tran,
County Counsel
By:

Melissa R. Cushman,
Deputy County Counsel
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EXHIBIT “A”

DESCRIPTION OF LEASED PREMISES
(Attached.)
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EXHIBIT “B”

FORM OF MEMORANDUM OF LEASE
(Attached.)
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RECORDING REQUESTED BY,

AND WHEN RECORDED MAIL
TO:

City of Banning
99 East Ramsey Street
Banning, California 92220
Attention: City Manager

SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned declares that this Memorandum of Lease is exempt from Recording Fees pursuant to California Government Code Section 27383.

Exempt from Documentary Transfer Tax: Lease term less than 35 years.

MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE (this “Memorandum”) is dated as of _____________, 2024, and is entered into by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California (“Tenant”) and the CITY OF BANNING, a California municipal corporation (“Landlord”).

R E C I T A L S
A. Landlord and Tenant executed that certain Office Lease dated _____________, 2024 (the “Lease”) for space in certain real property located in the City of Banning, County of Riverside, State of California commonly known as the Armory Building, located at 2041 Nicolet Street (APN:
538-082-013) (the “Property”) described on Exhibit “A” (the “Premises”).

B. Landlord and Tenant now desire to record this Memorandum in order to comply with California law requiring that municipal leases be recorded.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and conditions contained in the Lease, Landlord and Tenant hereby agree as follows:

1. Lease. Landlord has leased the Premises to Tenant, and Tenant has leased the Premises from Landlord, upon and subject to the terms and conditions set forth in the Lease. The Lease is hereby incorporated herein by this reference.

2. Term. The term of the Lease commences on _____________, 2024, and expires on _____________, 2027, unless the Lease is terminated earlier in accordance with the provisions of the Lease.
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IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum as of the date and year first above written.

TENANT: COUNTY OF RIVERSIDE
a political subdivision of the State of California
By:

Print Name:

Title:

Attest:
____________________________________
_______________________________
Name:

Title:

LANDLORD: CITY OF BANNING,
a municipal corporation
By:

Doug Schulze, City Manager

Attest:
____________________________________
Caroline Patton,
Administrative City Clerk
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EXHIBIT “A”

DESCRIPTION OF LEASED PREMISES
(Attached.)
122

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director MEETING DATE: May 14, 2024
SUBJECT: Consideration of Resolution 2024-67, Approving the Third Amendment for Contract Services (C00698) for Landscape Maintenance Services for Park’s Maintenance with Mariposa Landscapes, Inc. in the not to exceed amount of $139,787.64 for FY 2024/2025
RECOMMENDATION:

Adopt Resolution 2024-67.

BACKGROUND:

On February 23, 2021, The City Council of the City of Banning awarded a fifteen-month agreement (C00698) with Mariposa Landscapes, Inc., for the landscape maintenance of the five of the City of Banning’s parks through June 30, 2022. The original fifteen-month agreement was in the amount of $96,684.00 to cover monthly service costs, with a 10% contingency to allow for additional work and irrigation repair services as needed, for a total not to exceed $106,352.

On May 10, 2022, The City Council adopted Resolution 2022-56 approving the first amendment to the original agreement extending the term for an additional twelve months. The compensation for twelve month extension included a CPI adjustment of 8.6% based on the U.S. Department of Labor Consumer Price Index(CPI) Riverside – San Bernardino – Ontario Area and was for a not to exceed amount of $101,638.80
On May 23, 2023, The City Council adopted Resolution 2023-99 approving the second amendment to the original agreement extending the term for an additional twelve months through June 30, 2024. The scope of work added the Aquatic Center, Community Center, and Senior Center to the contract. These sites were previously included in Public Works LMD contract. The compensation for twelve month extension included a CPI adjustment of 7.9% based on the U.S. Department of Labor Consumer Price Index(CPI) Riverside – San Bernardino – Ontario Area and was for a not to exceed amount of $135,848.14.

The original agreement allowed for four (4) one-year extensions if the services were provided to the expected level within the scope of work. Mariposa Landscapes has performed at or above expectations with regard to their service over the last 36 plus months, has proven themselves responsive to questions, interacts well with staff and continues to provide and offer ideas for improvements for our Park’s system.

For the reasons stated, it is staff’s recommendation that the City authorize Amendment No. 3 to the Park’s Landscape Maintenance agreement with Mariposa Landscapes, Inc. for Fiscal Year 2024-25.

The scope of work for landscape maintenance services includes turf management; shrub bed 123
maintenance; tree care and pruning; fertilization; environmental weed and pest control program; irrigation monitoring and operations for the Park properties listed below:
1) Dysart Equestrian Park – 2101 Victory Ave.
2) Lion’s Park – 955 S. Hargrave Street
3) Repplier Park – 201 W. George Street
4) Roosevelt Williams Park – 1101 E. George Street
5) Sylvan Park – 2798 W. George Street
6) Community Center and Senior Center –769&789 N. San Gorgonio Ave 7) Repplier Park Aquatic Center – 749 N. San Gorgonio Ave 8) Repplier Park and Community Center Parkway – 749, 769 & 789 N. San Gorgonio Ave Amendment No. 3 includes two recommended changes to the original agreement:
1) Changes in the term – The extended term will be from July 1, 2024, through June 30, 2025. 2) Compensation adjustments: Pursuant to Section 2.1 of the original agreement, the total compensation can be adjusted to reflect the annual changes in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index (CPI) Riverside – San Bernardino – Ontario Area. For the period from March 2023 to March 2024, the CPI was at 2.9%. Reflecting the CPI rate of 2.9%, the monthly service rate will increase from $10,291.51 to $10,589.97.

Note: Park sites and the cost breakdown is included in Attachment # 2 of this report.

JUSTIFICATION:

The Parks and Recreation Department does not have the required staff or equipment needed to perform the scope of work included in the Scope of Services and maintain the current service levels of our parks, therefore; it is necessary to retain a landscape maintenance contractor to provide these services.

Mariposa Landscapes, Inc. came to the city as a highly respected vendor and has performed above expectations. The annual compensation pursuant to the agreement is within the normal parameters for park’s landscape maintenance projects in the area.

FISCAL IMPACT:

The third Amendment for Landscape Maintenance of park properties with Mariposa Landscapes, Inc. increases compensation for FY 2024/25 in the amount of $139,787.64 which includes the monthly compensation amount of $10,589.97 plus a 10% amount for additional work that might include replanting of plants and trees and irrigation repairs.

The third Amendment to the agreement will be funded by the following operational budgets of the Parks and Recreation Department as follows:
1) Park Division – 001-3600-461.23-29 ($112,210)
2) Community Center – 001-4000-461.23-29 ($8,708)
3) Aquatic Center– 001-4010-461.23-29 ($13,089)
4) Senior Center – 001-4050- 461.23-29 ($5780.64)
ALTERNATIVES:

1. Adopt Resolution 2024-67 as recommended.

2. Adopt Resolution 2024-67 with modifications.

3. Do not approve Resolution 2024-67 and provide alternative direction to staff. The City Council may choose to reject this action which would result in a significant reduction in Parks landscape maintenance.

The City does not have staff resources to perform the landscape maintenance included in the scope of work.

ATTACHMENTS:

1. Resolution 2024-67, Mariposa Landscaping Amendment.docx

2. Attachment # 1 - EXHIBIT A- RFP 20-035 Scope of Work.pdf

3. Attachment # 2 - Park's Landscape Maintenance -Cost Breakdown_2024-25.pdf

4. Attachment # 3 - C00698_MARIPOSA_LANDSCAPES_INC.pdf
124

5. Attachment # 4, Executed C00698_Mariposa_Landscapes_Inc_-_A1.pdf

6. Attachment # 5 - Executed C00698_Mariposa_Landscapes_Inc_-_A2.pdf

7. Attachment # 6 - Draft C00698_Mariposa_Landscapes_Inc_-_A3.pdf 125
Resolution 2024-67

Page 1 of 4 ends

RESOLUTION 2024-67

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

APPROVING THE EXTENSION AND AMENDMENT OF THE LANDSCAPE MAINTENANCE CONTRACT FOR CITY PARKS WITH MARIPOSA LANDSCAPES, INC., FOR FISCAL YEAR 2024/2025 IN THE AMOUNT NOT TO EXCEED AMOUNT OF $ 139,787.64 WHEREAS, the Parks and Recreation Department does not have the required staff needed to provide parks landscape maintenance for City parks; therefore, it is necessary to retain a landscape maintenance service provider to maintain the current service level effectively, efficiently and safely for City parks; and
WHEREAS, at the regularly scheduled meeting on February 23, 2021, the City Council awarded a Park’s Landscape maintenance contract (C00698) to Mariposa landscapes, Inc., for maintenance of City Parks; and
WHEREAS, the original contract was in the amount of $96,684.00, with a 10% contingency, for a total not to exceed amount of $106352.00; and WHEREAS, the initial Agreement for maintenance of the City Parks was for a term of fifteen (15) months with four (4), one (1) year renewal options upon satisfactory review of the previously provided services; and
WHEREAS; On May 10, 2022, the City Council approved Amendment #1 to the contract extending the term through June 30, 2023; and
WHEREAS; On May 23, 2023, the City Council approved Amendment #2 to the contract extending the term through June 30, 2024; and
WHEREAS, Mariposa Landscape Services, Inc., has provided satisfactory service to the City over the term of Amendment #2; and
WHEREAS, the Contract Agreement with Mariposa Landscapes, Inc., provides an option to renew at the annual rate plus the annexed CPI for the previous year for up to two (2) additional years upon satisfactory review of the previously provided services; and WHEREAS, Mariposa Landscape Services, Inc., has requested to extend the contract for FY 2024/25 at the annual rate plus a CPI adjustment of 2.9%; and WHEREAS, staff recommends the continuation of Mariposa Landscape, Inc., services for Fiscal Year 2024/2025.

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

SECTION 1. Amendment No. 3 to the Agreement between the City of Banning and Mariposa Landscapes, Inc, is approved for an additional one (1) year term from July 1, 2024, to June 30, 2025 in the not to exceed amount of $139,787.64 including a 10% contingency for additional work not included in the scope of services.
126
Resolution 2024-67

Page 2 of 4 ends

SECTION 2. That the City Manager or his designee is authorized to make all necessary budget adjustments, appropriations and transfers related to the agreement for Landscape Maintenance of City parks
SECTION 3. That the City Manager is authorized to execute Amendment No. 3 with Mariposa Landscapes, Inc.

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 14th day of May 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
127
Resolution 2024-67

Page 3 of 4 ends

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-67, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 14th day of May 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
128
Resolution 2024-67

Page 4 of 4 ends

EXHIBIT A
Amendment to Agreement with Mariposa Landscaping
129
City of Banning

REQUEST FOR PROPOSAL
Landscape Maintenance Services for City Parks
IV. SCOPE OF WORK
IV.A Introduction
The City of Banning is seeking proposals from qualified contractors and intends to retain the services of a contractor to provide landscape maintenance services for its properties throughout the City. The City is considering awarding a contract to begin April 1, 2021, for a term of one (1) year and (3) three months with the option to renew for an additional four (4) single years upon an annual review of the provided services. The City of Banning reserves the right to accept or reject any or all proposals. These Specifications and Scope of Services shall become part of the contract Agreement.

The scope of services includes turf management; shrub bed maintenance; tree care and pruning; fertilization; environmental weed and pest control program; and irrigation equipment and operations for all locations identified in this Request for Proposals (“RFP”) and listed below:
• Dysart Park (2101 W. Victory Avenue)
• Lion's Park (9955 S. Hargrave Street)
• Repplier Park (201 W. George Street)
• Roosevelt Williams Park (1101 E. George Street)
• Sylvan Park (2801 W. Nicolet Street)
It is the responsibility of the Contractor to visit the sites and become familiar with the project locations and maintenance needs. It is the City’s expectation that all land care and maintenance items identified in this RFP will be addressed.

IV.B TURF MANAGEMENT

1. Lawn Mowing

1. For all turf areas, Contractor will inspect and police the grounds for litter and debris prior to each mowing and dispose of it.

2. Turf will be mowed one time per week during active growing periods, and as often as required during slow periods of growth to maintain a neat and manicured appearance, weather permitting.

3. Mowing height for all irrigated lawn areas will be no less than 1 ½” and no more than 2” for a finished cut height unless otherwise requested. Turf will be cut at a uniform height. Mowing equipment is to be kept sufficiently sharp and properly adjusted through daily servicing to provide a cleanly cut grass blade. Grass blade bruising, tearing, and shredding are to be prevented. Mowing pattern will be varied where 130
City of Banning

REQUEST FOR PROPOSAL
Landscape Maintenance Services for City Parks
possible to reduce rutting and compaction of grade. Any excess clippings will be dispersed and/or collected to prevent damage and unsightly appearance of lawns.

4. Unless otherwise specified, grass cuttings need not be removed. However, when an inordinate amount of grass is evident, removal may be requested by staff with no extra charge to City for such removal by contractor. Clippings shall be legally disposed of offsite at the Contractor's expense. Special note: frequencies and turf height may change throughout the year in order to accommodate sports activities and facility use schedule; staff may request change in such turf height to address such activities.

5. Work shall be performed on the same day each week. Contractor shall provide a mow schedule to the City. Initial week schedule and any changes must be approved by the City prior to implementation. All mowing missed due to inclement weather or ground conditions from such weather shall be rescheduled and completed within (3)) three working days.

6. Aeration: Contractor shall aerate all turf areas a minimum of once a year by removing one 1/2" diameter by 3" deep cores of sod with an aerator machine with not more than 66" spacing, once over. Aeration shall take place at an approved time frame each year. In addition, the tops of all mounds and any areas that show excessive compaction shall receive additional treatment as required, to alleviate this condition and allow for proper water penetration and minimal runoff. All damaged areas larger than 4" by 4" shall be seeded on an as-needed basis. The cores shall be dragged to breakup cores and allowed to remain or be removed at the Contractor's discretion with approval of the City.

7. Over seeding:- Annual (one time per year) over seeding shall take place. Contractor shall prepare turf (verticutting and aeration) prior to applying seed. Seed shall match existing lawn and will be provided by the City. All labor and the equipment to perform the over seeding will be the responsibility of the Contractor.

2. Edging and String Trimming

1. Concurrent with every mowing, all turf grass borders shall be neatly and uniformly edged or trimmed. String trimmers (weed eaters) or similar equipment shall not be used around trees or shrubs or wooden posts or for hardscape/pathways/mow strips edging. This trimming shall include cutting all grass along walls, fences, foundations, curbs, sidewalks, shrubs, tree trunks, poles, guy wires, or other object within or immediately adjacent to lawn areas. Trim shall not exceed one half(1/2) - inch from hardscape.

2. Trim around sprinkler heads as necessary to allow maximum water coverage.

Trimming shall not expose the sprinkler body or trim cap.

3. Care shall be taken to avoid damage to tree trunks, shrubs, sign posts, buildings, and other structures. Damage shall be promptly reported to the City's representative and repairs made promptly at the Contractor's expense. Any damage to tree trunks and/or shrubs shall be considered neglect and shall be replaced at the discretion of 131
City of Banning

REQUEST FOR PROPOSAL
Landscape Maintenance Services for City Parks
City staff at the Contractor's expense. All walkways, roadways, trails or other areas dirtied by edging operations shall be cleaned and all debris disposed offsite prior to the completion of the day's operations or end of the day, whichever occurs first.

CLIPPINGS/DEBRIS SHALL NOT BE BLOWN INTO STORM DRAINS OR INTO GUTTERS THAT DRAIN INTO STORM DRAINS BUT SHALL BE LEGALLY DISPOSED OF.

3. Clearing of Walks

1. At the conclusion of each visit, walks adjacent to work areas will be blown clean.

IV.C SHRUB BED MAINTENANCE

1. Landscaped areas will be policed throughout the growing season for weeds, litter, and debris. Particular attention will be paid to entryways, focal points, and high traffic areas.

2. Planter beds will be groomed to promote an attractive, fresh appearance.

3. Concrete swales (if applicable) to be kept clear of miscellaneous dirt and debris.

4. Complete trimming, edging, and weeding of all shrub and ground cover areas will be done on a cyclical basis. Trimming and edging are to be performed monthly and weeding is to be performed weekly. Major pruning will be done following flowering or during plant dormant season.

1. Pruning shall be performed by Contractor’s designated staff member who is trained and demonstrated competency in proper pruning techniques.

2. Prune shrubbery and hedges at established maintenance height.

3. Prune groundcover as required to contain perimeter growth to within bed areas where adjacent to walks, curbs, and structures. Mature groundcover will be maintained at a consistent appearance with a beveled or rolled edge at hard surfaces.

4. Shearing of plants will occur only where previous practice has been to shear, or as directed.

5. Removal of leaves and debris from lawns, planter beds, and walkways will be completed throughout the year as needed to maintain a clean appearance.

6. Dead or damaged shall be removed whenever possible.

7. Contractor shall monitor trees for signs of disease and insect infestations. If affected, appropriate recommendations for treatment shall be submitted to the City. When insect and/or disease problems are detected, legally approved chemicals are to be used to treat the problem.

IV.D TREE CARE & PRUNING

1. All trees will be “skirted” as needed per the City’s request to allow for pedestrian and vehicle clearance. Remove lower branches of trees when in conflict with growth of 132
City of Banning

REQUEST FOR PROPOSAL
Landscape Maintenance Services for City Parks
planning beneath. On trees that are over 12’ only low hanging branches that are considered a hazard to pedestrians or vehicles will be pruned as part of this agreement.

2. All trees under 12” total height will be pruned to remove weak, dead, damaged, and diseased portions of the plant for natural growth development.

1. Cuts will be flush and clean, leaving not stubs, or tearing of bark. Major pruning will be done following flowering or during plant’s dormant season.

2. Dead or damaged portion shall be removed whenever possible.

3. Pruning to be performed by Contractor’s designated staff member who is trained and demonstrates competency in proper pruning techniques.

4. Contractor shall monitor trees for signs of disease and insect infestations. If affected, appropriate recommendations for treatment shall be submitted to the City. When insect and/or disease problems are detected, legally approved chemicals are to be used to treat the problem.

3. Monitor trees that are staked or guyed. Loosen and/or remove supports when appropriate to prevent girdling of the trunk and encourage root support. Replace stakes when damaged.

IV.E FERTILIZATION

1. Contractor shall provide all labor and materials to fertilize lawn, shrubs and ground cover to maintain proper nutrient levels and provide a consistent, healthy appearance.

1. Turf, shrub and ground cover areas will be fertilized with specifically formulated products including well-balanced, slow-release fertilizers customized seasonally by Contractor. Seasonally refers to “Winter” and “Summer” and different fertilizers will be used based on ground temperature.

2. Fertilizer product will be selected based on plant type and season.

IV.F ENVIRONMENTAL WEED AND PEST CONTROL PROGRAM

1. All applications and herbicides or pesticides will be performed under the direction of California Licensed & Certified Pest Control Specialist. All safety precautions will be taken in the handling and application of chemicals as stated on manufacture’s labels.

2. Broadleaf turf weeds will be treated as needed in the “Spring” and “Fall” with applicable materials.

3. Weeds in shrub, planter beds, ground cover areas, tree circles, and sidewalk cracks adjacent to landscaped areas will be controlled by a manual weeding program or by using selected herbicides, including pre-emergent herbicides. 133
City of Banning

REQUEST FOR PROPOSAL
Landscape Maintenance Services for City Parks

4. Planting areas will be monitored for insect and disease infestations. Moles, field mice, ground squirrels, gophers, and other rodent activity will be monitored. Notification of problems and recommendations for timely appropriate, control measure will be made.

5. Material Safety Data Sheets (MSDS) for all chemicals used on site(s) are available from Contractor to clients in accordance with EPA and OSHA regulations. Sheets shall be provided to the City.

6. Notice of scheduled use of pesticides and herbicides must be given to the City prior to use and signage on site may be required prior to application at the City's discretion.

7. Contractor shall be in compliance with requirements for hazardous communications programs. Pest control specialist are to be trained and supervised in the safe application, storage, and disposal of chemicals in accordance with EPA, OSHA, and DPR regulations.

IV.G IRRIGATION EQUIPMENT AND OPERATION

1. . Schedule all irrigation controllers on project to maximize existing irrigation systems efficiency. Controller programs will be adjusted as determined by weather and plant requirements, with water conservation methods in place. Controllers will be shut off during periods of rain. Watering will be scheduled for night or early morning unless instructed differently by City’s representative.

2. Clean and adjust sprinkler system to provide the best coverage possible from existing system. Turn on each zone, monitor for leaks or malfunctioning parts, and adjust for proper spray arch and maximum efficiency.

3. Upon inspection, any accidental damage or vandalism caused by others shall be reported to owner within 48 hours. Repair and/or replacement of any damaged of malfunctioning components beyond Contractor’s control will be submitted as an extra.

4. The irrigation system shall be checked after each mowing for any damage. Damage caused to the irrigation system by Contractor shall be repaired within forty-eight (48) hours, unless otherwise agreed to, at no charge to the City.

IV.H GENERAL CONDITIONS

1. City is responsible for all cost associated with water.

2. Contractor will provide uniformed staff supervised by fully trained Supervisors and Area Manager. Radio and cellular phone communication will be available.

3. Inspection of site(s) will be made regularly and problems, if found, will be discussed by Contractor and the City. A monthly written, comprehensive maintenance and inspection reports shall be submitted with monthly billings.

4. Debris generated by landscape activities will be removed from the site unless prior arrangements are made. Debris collected by the Contractor will be recycled and or 134
City of Banning

REQUEST FOR PROPOSAL
Landscape Maintenance Services for City Parks
composted. Contractor will submit a monthly diversion summary report stating diverted quantities and facilities utilized for recycling materials.

5. During routine maintenance visits, the Contractor is responsible for removing trash and debris from the properties.

IV.I CONTRACTOR COMPENSATION
The City shall pay Contractor, as compensation for the services to be performed, the sum of per month listed in the Contract Agreement with additional adjustments as specified thereinafter.

Compensation may be adjusted annually, on July 1st of each year commencing on July 1, 2022, during the term of the Contract Agreement to reflect annual changes in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index Riverside-San Bernardino- Ontario Area, or any successor index agreed upon by the City and Contractor, as set forth over the previous available twelve (12) months prior to the date of adjustment.

IV.J ADDITIONAL WORK

1. The Parks and Recreation Director or designee may authorize the Contractor to perform additional work. Additional work shall be defined as work not included in the specifications with the exception of additional sites, or portions thereof that may be added and shall be in writing.

2. Prior to the Contractor performing any additional work, the Contractor shall prepare and submit a written description of the work with an estimate of labor and materials cost. No work shall commence without written authorization from the Parks and Recreation Director, or designee. In the event that conditions exist where there is imminent danger of injury to the public or damage to property, the Parks and Recreation Director or designee may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. Within twenty-four (24) hours after receiving verbal authorization, the Contractor shall submit a written estimate to the Parks and Recreation Director or designee for written approval.

3. The cost estimate for additional work shall consist of the following elements:

1. Wholesale cost of materials including sales tax plus ten percent (10%).

2. Base cost of labor plus fifteen percent (15%) for overhead and profit.

4. Change Order - Written authorization for additional work from the Parks and Recreation Director or designee, shall be by the issuance of a Change Order. This Change Order shall be considered an amendment to the Contract Agreement and approved by both the Parks and Recreation Director and Contractor.

5. All additional work shall commence on the specified date established and shall diligently proceed until completion.
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REQUEST FOR PROPOSAL
Landscape Maintenance Services for City Parks

6. Upon completion of the additional work, the Parks and Recreation Director or designee shall be notified so that the work may be verified.

7. The Contractor shall submit an invoice for compensation with attached photocopies of original invoices for materials. Compensation shall not exceed the written estimate.

8. The Contractor’s invoice shall be subject to audit and review by the City prior to payment.

9. The City of Banning reserves the right to repair and/or contract with a third party to perform such additional work.

IV.K INSPECTION
The Parks and Recreation Director or designee may inspect the work areas to ensure adequacy of maintenance and methods of performing the work are in compliance with the contract.

However, this shall not be construed to relieve the Contractor of any duty under this contract.

Discrepancies and deficiencies in the work shall be brought to the attention of the Contractor and corrected in the manner agreed to by the Parks and Recreation Director or designee.

1. It shall be the Contractor’s responsibility to inspect, and identify, any conditions(s) that renders any areas within this Contract Agreement unsafe, as well as any unsafe practices occurring thereon. The Parks and Recreation Director or designee shall be notified immediately of any unsafe condition that requires correction.

2. During the inspection of all work sites for hazards, or potential hazards, the Contractor shall keep a log indicating the date the area was inspected, any unsafe conditions found, and the action taken.

3. The Contractor shall cooperate fully with the City of Banning in the investigation of any accidental injury or death occurring on the premises, including the submission of a complete written report thereof to the Parks and Recreation Director or designee within five days following the occurrence.

IV.L SAFETY

1. The Contractor shall perform all work outlined in these specifications in such a manner as to provide maximum safety to the public, and meet all accepted standards for safe practices during the maintenance operation, to safely maintain equipment, machines and materials or other hazards consequential or related to the work. The Contractor shall have sole responsibility for complying with all local, County, State or other legal requirements including, but not limited to CAL-OSHA.

2. The Parks and Recreation Director or designee, reserves the right to issue restraint, or cease and desist orders, to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of work under this contract. 136
CPI

2.90%
1 Dysart Equestrian Park - 2101 Victory Ave 12 Month $927.07 $26.89 $953.96 $11,447.52 2 Lion/s Park - 955 S. Hargrave Street 12 Month $2,152.13 $62.41 $2,214.54 $26,574.48 3 Repplier Park - 201 W. George Street 12 Month $2,185.24 $63.37 $2,248.61 $26,983.32 4 Roosevelt Williams - 1101 El George Street 12 Month $893.96 $25.92 $919.88 $11,038.56 5 Sylvan Park - 2798 W. George Street 12 Month $2,119.01 $61.45 $2,180.46 $26,165.52 6 Community Center & Senior Center (769 & 789 N.

San Gorgonio Avenue) 12 Month $954.05 $27.67 $981.72 $11,780.64 7 Aquatic Center (749 N. San Gorgonio) 12 Month $1,060.06 $30.74 $1,,090.80 $13,089.60 8 Repplier Park and Community Center Parkway. 749,
769 & 789 N. San Gorgonio Ave. 12 Month
Included in Line Items
6 & 7. $0.00 $0.00 $0.00
$10,291.52 $298.45 $10,589.97 $127,079.64
Banning Park's Landscape Maintenance - Per Site Cost Breakdown FY 2024/25 Monthly Rate
2023/24
New Monthly
Rate Annual Rate
Line
Item
Totals >>>
Location Quantity
Unit of
Measure
137
11303-0001\2191356v2.doc
AGREEMENT FOR CONTRACT SERVICES (C00698)

FOR LANDSCAPE MAINTENANCE SERVICES FOR CITY
PARKS
By and Between

THE CITY OF BANNING,

A MUNICIPAL CORPORATION
and
MARIPOSA LANDSCAPES, INC.
a California corporation
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 138
-1- 11303-0001\2191356v2.doc
AGREEMENT FOR CONTRACT SERVICES (C00698) FOR LANDSCAPE

MAINTENANCE SERVICES FOR CITY PARKS BY AND BETWEEN CITY OF BANNING AND MARIPOSA LANDSCAPES, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein” Agreement”) is made and entered into this day: ________________, by and between the CITY OF BANNING, a municipal corporation (“City”) and MARIPOSA LANDSCAPES, INC., a California corporation and licensed contractor (California License Number 592268) (“Contractor”). City and Contractor 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 Request for Proposals (RFP No. 20-035), the performance of the Services defined and described particularly in Article 1 of this Agreement, including turf management; shrub bed maintenance; tree care and pruning; fertilization; environmental weed and pest control program; and irrigation equipment and operations at the following locations: Dysart Park, Lion’s Park, Repplier Park, Roosevelt Williams Park, and Sylvan Park.

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

C. On February 23, 2021, City Council approved the award and execution of this Agreement.

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

E. The Parties desire to formalize the selection of Contractor for performance of those Services defined and described particularly in Section 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
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 CONTRACTOR

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Contractor shall provide those Services specified in the “Scope of Services” attached hereto as Exhibit “A” and “A-1” and incorporated herein by this reference, which Services may be referred to herein as the “Services” hereunder. As a material inducement to the City entering into this Agreement, Contractor 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 DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 3/22/2021
139
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professional manner, and is experienced in performing the Services contemplated herein.

Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.

1.2 Order of Precedence.

The Scope of Services shall include City’s Request for Proposals (“RFP”) and the Contractor’s Response to the City’s RFP (“Response”) which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of this Agreement and the RFP or Response, the terms of this Agreement shall govern. In the event of any inconsistency between the terms of the City’s RFP and the Contractor’s Response, the City’s RFP shall govern.

1.3 Compliance with Law.

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

1.4 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the Services required by this Agreement.

Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the Services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Services.

By executing this Agreement, Contractor warrants that Contractor (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, difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of Services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.

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1.6 Prevailing Wages.

Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000.00 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

1.7 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 make changes by altering, adding to or deducting from said Services. No such extra Services may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. 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 the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to Services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor 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 Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the sum of NINETY SIX THOUSAND, SIX HUNDRED AND EIGHTY FOUR DOLLARS ($96,684.00) (the “Contract Sum”) annually, unless additional compensation is approved pursuant to Section 1.7.

Compensation may be adjusted annually on July 1st of each year, or during the term of the Contract Agreement to reflect annual changes in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index Riverside-San Bernardino-Ontario Area, or any successor index agreed upon by the City and Contractor, as set forth over the previous available twelve (12) months prior to the date of adjustment.

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2.2 Invoices.

Each month Contractor shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor charges. Sub-contractor charges shall also be detailed by such categories.

City shall independently review each invoice submitted by the Contractor to determine whether the Services performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for Services performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3. City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed invoice(s). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.

ARTICLE 3. TERM

3.1 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, the term of this Agreement shall commence on April 1, 2021 and shall expire on June 30, 2022. This Agreement shall include the option to extend for four (4) additional one-year terms if agreed to in writing in advance by both Parties.

ARTICLE 4. COORDINATION OF SERVICES

4.1 Representatives and Personnel of Contractor.

The following principal of Contractor (Principal) is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith.

Terry Noriega, President

4.2 Representative Name, Title.

It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal was a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principal. For purposes of this Agreement, the foregoing Principal may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance.

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4.3 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.4 Contract Officer.

The Contract Officer shall be such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services and the Contractor shall refer any decisions which must be made by City to the 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 the City required hereunder to carry out the terms of this Agreement.

4.5 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.6 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of the 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 Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

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ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Throughout the life of this Agreement, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) that meet the standards specified in Section 5.5. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage.
(iii) WORKERS’ COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.

In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

If this Agreement continues for more than three (3) years duration, or in the event the City Manager or his/her designee determines that the work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager, or his/her designee.

Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions.

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Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to City, its Council members, officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall the City be responsible for the payment of any deductibles or self-insured retentions.

5.2 General Requirements.

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The General Liability (including ongoing and completed operations) and Automobile Liability shall name City and its officers, officials, employees, agents and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City. The coverage shall contain no special limitations on the scope of protection afforded to the City and its officers, officials, employees, agents and volunteers. The Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City and its officers, officials, employees, agents and volunteers.

Should Contractor maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Contractorshall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or his/her designee prior to City’s execution of the Agreement and before work commences.

If at any time during the life of this Agreement or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld 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. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Agreement.

Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.

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The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City and its officers, officials, employees, agents and volunteers shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, employees, agents, persons under the supervision of Contractor, vendors, suppliers, invitees, subcontractors, or anyone employed directly or indirectly by any of them.

If Contractor should subcontract all or any portion of the Services to be performed under this Agreement, Contractor shall require each subcontractor to provide insurance protection in favor of City and its officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the subcontractors’ certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.

5.3 Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnities.
1) To the fullest extent permitted by law, Contractor 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”), in law or 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 Contractor, its officers, agents, servants, employees, subcontractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that 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. Contractor 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. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2) Contractor shall pay all required taxes on amounts paid to Contractor 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. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2).

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3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement.

If Contractor fails to obtain such indemnity obligations, Contractor 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 Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor 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. Contractor’s indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor 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 Contractor 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 Section 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. Contractor’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

5.4 Performance Bond.

Concurrently with execution of this Agreement, and if required in Exhibit “B”, Contractor shall deliver to City performance bond in the sum of the amount of the Contract Sum, in the form provided by the City Clerk, which secures the faithful performance of this Agreement. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.

5.5 Sufficiency of Insurer or Surety.

Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than three (3) years duration, or in the event the Risk Manager determines that the work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 147
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required by Section 5.4 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors 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 “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Books and 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 Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of 3 years following completion of the Services hereunder, and the City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest.

6.2 Reports.

Contractor 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. Contractor hereby acknowledges that the City is greatly concerned about the cost of Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Documents and Materials”) prepared by Contractor, its employees, subcontractors 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, and Contractor 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 Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted Documents and Materials without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise or assignment. Contractor may retain copies of such Documents and Materials for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 148
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Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor 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) Contractor, its officers, employees, agents or subcontractors, 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 Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors 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 there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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 Contractor 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.

7.2 Disputes; Default.

In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any Services performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 149
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default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices.

In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, 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 the Contractor to insure, indemnify, and protect City as elsewhere provided herein.

7.4 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 Contractor 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.

7.5 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 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.

7.6 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.

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7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Not Applicable ($0.00) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of Services performed by the Contractor any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor 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 the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor 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 Agreement or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the Services actually performed 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 7.2.

7.9 Termination for Default of Contractor.

If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the Services and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with 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 attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a Party entitled to attorney’s 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 DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 151
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accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor 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 Contractor’s performance of Services under this Agreement. Contractor 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 subcontractor without the express written consent of the Contract Officer. Contractor 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 the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor 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.

8.3 Covenant Against Discrimination.

Contractor 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, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.

8.4 Unauthorized Aliens.

Contractor 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 Contractor 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, Contractor 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.

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ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication that either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF BANNING, 99 East Ramsey Street, Banning, CA 92220 and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 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.

9.3 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.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes 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 amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 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.

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9.6 Time is of the Essence. Time is of the essence in every provision of this Agreement in which time for performance is a factor.

9.7 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 this Agreement on behalf of said 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 said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of 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.

Laurie Sampson Date
Acting Deputy City Clerk
Address:

APPROVED AS TO FORM:

Richards, Watson & Gershon
City Council Approval: 02/23/2021
Kevin G. Ennis, 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 CONSULTANT’S BUSINESS ENTITY.

DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 Terry Noriega
President
95-4245898
3/19/2021
6232 Santos Diaz ST, Irwindale CA 91702
3/19/2021
3/22/2021
3/22/2021
155
Exhibit A -1
11303-0001\2191356v2.doc
EXHIBIT “A”

SCOPE OF SERVICES
I. Contractor will perform the following Services:

As specified in RFP 20-035.

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City of Banning

IV.B TURF MANAGEMENT

1. Lawn Mowing

1. For all turf areas, Contractor will inspect and police the grounds for litter and debris prior to each mowing and dispose of it.

2. Turf will be mowed one time per week during active growing periods, and as often as required during slow periods of growth to maintain a neat and manicured appearance, weather permitting.

2. Edging and String Trimming

2. Trim around sprinkler heads as necessary to allow maximum water coverage.

Trimming shall not expose the sprinkler body or trim cap.

CLIPPINGS/DEBRIS SHALL NOT BE BLOWN INTO STORM DRAINS OR INTO GUTTERS THAT DRAIN INTO STORM DRAINS BUT SHALL BE LEGALLY DISPOSED OF.

3. Clearing of Walks

1. At the conclusion of each visit, walks adjacent to work areas will be blown clean.

IV.C SHRUB BED MAINTENANCE

1. Landscaped areas will be policed throughout the growing season for weeds, litter, and debris. Particular attention will be paid to entryways, focal points, and high traffic areas.

2. Planter beds will be groomed to promote an attractive, fresh appearance.

3. Concrete swales (if applicable) to be kept clear of miscellaneous dirt and debris.

1. Pruning shall be performed by Contractor’s designated staff member who is trained and demonstrated competency in proper pruning techniques.

2. Prune shrubbery and hedges at established maintenance height.

4. Shearing of plants will occur only where previous practice has been to shear, or as directed.

5. Removal of leaves and debris from lawns, planter beds, and walkways will be completed throughout the year as needed to maintain a clean appearance.

6. Dead or damaged shall be removed whenever possible.

IV.D TREE CARE & PRUNING

1. All trees will be “skirted” as needed per the City’s request to allow for pedestrian and vehicle clearance. Remove lower branches of trees when in conflict with growth of DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 159
City of Banning

2. All trees under 12” total height will be pruned to remove weak, dead, damaged, and diseased portions of the plant for natural growth development.

1. Cuts will be flush and clean, leaving not stubs, or tearing of bark. Major pruning will be done following flowering or during plant’s dormant season.

2. Dead or damaged portion shall be removed whenever possible.

3. Pruning to be performed by Contractor’s designated staff member who is trained and demonstrates competency in proper pruning techniques.

3. Monitor trees that are staked or guyed. Loosen and/or remove supports when appropriate to prevent girdling of the trunk and encourage root support. Replace stakes when damaged.

IV.E FERTILIZATION

1. Contractor shall provide all labor and materials to fertilize lawn, shrubs and ground cover to maintain proper nutrient levels and provide a consistent, healthy appearance.

2. Fertilizer product will be selected based on plant type and season.

IV.F ENVIRONMENTAL WEED AND PEST CONTROL PROGRAM

2. Broadleaf turf weeds will be treated as needed in the “Spring” and “Fall” with applicable materials.

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City of Banning

REQUEST FOR PROPOSAL
Landscape Maintenance Services for City Parks

5. Material Safety Data Sheets (MSDS) for all chemicals used on site(s) are available from Contractor to clients in accordance with EPA and OSHA regulations. Sheets shall be provided to the City.

6. Notice of scheduled use of pesticides and herbicides must be given to the City prior to use and signage on site may be required prior to application at the City's discretion.

IV.G IRRIGATION EQUIPMENT AND OPERATION

IV.H GENERAL CONDITIONS

1. City is responsible for all cost associated with water.

2. Contractor will provide uniformed staff supervised by fully trained Supervisors and Area Manager. Radio and cellular phone communication will be available.

4. Debris generated by landscape activities will be removed from the site unless prior arrangements are made. Debris collected by the Contractor will be recycled and or DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 161
City of Banning

5. During routine maintenance visits, the Contractor is responsible for removing trash and debris from the properties.

IV.J ADDITIONAL WORK

3. The cost estimate for additional work shall consist of the following elements:

1. Wholesale cost of materials including sales tax plus ten percent (10%).

2. Base cost of labor plus fifteen percent (15%) for overhead and profit.

5. All additional work shall commence on the specified date established and shall diligently proceed until completion.

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City of Banning