Agenda packet, regular meeting, third session — Banning City Council, May 28, 2024 (part 2 of 3)

190
ATTEST:

Sonja De a Fuente, Deputy City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:
r..,..

Kevin G. Ennis, Esq. City Attorney
Richards, Watson & Gershon
Resolution 2020- 9

Page 2 of 3 ends

191
CERTIFICATION:

I, Sonja De La Fuente, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2020- 9, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 10th day of December, 2019, by the following vote, to wit:
i
AYES: Andrade, Happe, Wallace & Welch
NOES: None
ABSTAIN: None
ABSENT: None
Sonja De L uente, Deputy City Clerk
City of Banning, California
Resolution 2020- 9

Page 3 of 3 ends

192
City of Banning
Administrative Procedures
Travel & Meeting Policy
POLICY NO:

E-3
ORIGINATING DEPARTMENT:

Administrative Services Department
DIVISION:

Finance
ADOPTION DATE:
01/14/2020
APPROVED BY:

City Council
LAST AMENDED:

SUPERSEDES:

E-1 & E-2
REFERENCE:

B-30
PAGE 1 of 10

PURPOSE
The purpose of this policy is to establish a travel and expense policy for the City of Banning (City) elected officials and City employees when authorized to travel on official City business. Non-City employees shall not be covered under this policy.

BACKGROUND
Occasionally, it is necessary for City personnel to travel to meetings to conduct City business, attend conferences, training seminars and other work related events. To control the costs, and compensate individuals for actual and necessary travel related expenses incurred for a bona fide business purpose, the City has established a travel policy.

POLICY

1. INTRODUCTION
(a) This policy applies to anyone who incurs travel expenses paid by the City of Banning. This policy supersedes all previous travel policies.

1.2 Responsibility of Traveler
(a) City of Banning travelers are expected to spend funds sensibly and plan appropriately so costs do not exceed budgets. Business travel expenses will be paid by the City when expenses are reasonable, appropriately documented, properly authorized, and within the guidelines of this policy. The traveler should neither gain nor lose personal funds as a result of travel. (b) If a check is issued by the City for reimbursement, the check shall be cashed by the traveler within six (6) months of the issue date.

1.3 Traveler and Approver Accountability
(a) Travelers shall not commit City funds until travel is approved in accordance with this policy. (b) IMPORTANT: Travelers shall obtain permission from their own authorized approver prior to engaging in any work related travel. The Finance Department is not responsible for 193
City of Banning
Administrative Procedures
Travel & Meeting Policy
POLICY NO:

E-3
ORIGINATING DEPARTMENT:

Administrative Services Department
DIVISION:

Finance
ADOPTION DATE:
01/14/2020
APPROVED BY:

City Council
LAST AMENDED:

SUPERSEDES:

E-1 & E-2
REFERENCE:

B-30
PAGE 2 of 10
authorizing travel for personnel in other departments. By signing any of the travel forms listed in this policy, authorized approvers have authorized their staff to travel for that single event. (c) Any additional costs resulting from a traveler taking a companion on City travel shall not be reimbursed or paid by the City.
(d) Any additional costs related to traveling prior to, or extending the stay beyond the time necessary to attend the approved meeting, conference, training, convention, and other functions shall not be reimbursed or paid by the City. Approving officials are expected to use appropriate discretion when authorizing their staff to travel to an event prior to the event. (e) Travelers may not authorize reimbursement of their own expenses. The Department Head or designee should approve the reimbursement for all travel. The City Manager will approve travel for all Department Heads.
(f) Reimbursements shall not be requested and made to third parties, or non-employees. (g) The Statement of Expense report shall be submitted within 15 working days after returning from travel. In addition, no future travel advances will be issued during that fiscal year if Statement of Expense reports are pending. Statement of Expense reports must be signed by the traveler, and authorized approver.
(h) Travelers shall document all allowable and authorized travel-related expenditures with itemized receipts, invoices, or other acceptable documentation. Under no circumstance will the City provide reimbursement for an expense over $75.00 without the necessary receipt(s).

1.4 Travel Time
(a) Time traveled to and from the event for non-exempt (hourly) travelers during normal working hours will be counted as time worked. Generally, travel time to the event on City business is limited to the actual dates or a function plus reasonable travel time not to exceed a maximum of twenty-four (24) hours before and /or after the function. 194
City of Banning
Administrative Procedures
Travel & Meeting Policy
POLICY NO:

E-3
ORIGINATING DEPARTMENT:

Administrative Services Department
DIVISION:

Finance
ADOPTION DATE:
01/14/2020
APPROVED BY:

City Council
LAST AMENDED:

SUPERSEDES:

E-1 & E-2
REFERENCE:

B-30
PAGE 3 of 10
(b) No overtime will be provided for travel time to and from the event other than that mandated by the Federal Fair Labor Standards Act (“FLSA”) requirements and/or approved Memorandums of Understanding (MOU). Departments must be aware of the FLSA and MOU requirements when arranging for travel for all non-exempt (hourly) travelers. Travel-related overtime in connection with travel on City business requires authorization from the Supervisor.

2. TRANSPORTATION

2.1 Air Travel
(a) Generally, the lowest priced domestic coach class airfare is available with a 14-day advance purchase. Reservations should be made as soon as travel plans are finalized to receive advance purchase discounts.
(b) Upgrades – City will not reimburse any upgrades from “economy class” to a higher traveling class. Free upgrades or upgrades paid by the traveler must be clearly documented as such in the Statement of Expense Report.
(c) Frequent flyer memberships should not influence travelers to select a flight that is not the lowest priced flight available.
(d) Frequent flyer miles earned by any traveler during City business travel may be retained by the traveler for business or personal use.
(e) Dues for membership in any airport/airline club are not reimbursable. (f) Airlines are responsible for compensating the owners of lost baggage. The City will not reimburse travelers for personal items lost while traveling on business unless approved by the City Manager.
(g) Employees will be reimbursed for excess baggage charges only when traveling with heavy, bulky materials or equipment necessary for business or when traveling for more than seven (7) days.
195
City of Banning
Administrative Procedures
Travel & Meeting Policy
POLICY NO:

E-3
ORIGINATING DEPARTMENT:

Administrative Services Department
DIVISION:

Finance
ADOPTION DATE:
01/14/2020
APPROVED BY:

City Council
LAST AMENDED:

SUPERSEDES:

E-1 & E-2
REFERENCE:

B-30
PAGE 4 of 10
(h) When a trip is canceled after a ticket has been issued, the traveler should inquire with the issuing agent about using the ticket for future travel or processing a refund. The ticket will become property of City and will be used for City purposes only.

2.2 Rental Car
(a) Travelers may rent a vehicle to their business destination when driving is more convenient and less expensive than an airline (this must include the car rental, all additional rental fees and additional parking fees that may be incurred). Travelers must try to utilize a City vehicle whenever available prior to the rental. No mileage will be reimbursed on City vehicles. (b) Reimbursement for gasoline will be allowed at regular gasoline rates. When the rental company requires the vehicle to be returned with a full tank of gasoline (or other specified quantity), the traveler is responsible for adhering to those terms. Incurring consequential fees for not adhering to the rental terms shall not be reimbursed.
(c) Travelers may rent a vehicle at their destination when it is the most convenient or least expensive mode of transportation. Expensive rental rates and parking costs, in addition to the lack of available parking generally makes vehicle rental in large cities impractical. Alternative mode of transportation such as public transit, taxis, Uber, Lyft, airport and hotel shuttles should be given first consideration.
(d) All travelers renting vehicles must comply with all rental agency requirements such as listing driver(s) on the rental agreement, age restrictions, location or state of operation, etc., as well as all state and local laws governing the operation of a motor vehicle. Violations of any requirement of the law (such as driving under the influence, traffic violations, careless or reckless driving, or parking tickets) are the employee’s personal liability. (e) Travelers are required to use intermediate or standard cars. Travelers are responsible for daily rental costs in excess of the approved class as stated above. When traveling in a large group greater than 4, a van, full size, or Sports Utility Vehicle may be rented. When upgrades are available to the traveler they may be taken as long as there is no additional cost to the City. 196
City of Banning
Administrative Procedures
Travel & Meeting Policy
POLICY NO:

E-3
ORIGINATING DEPARTMENT:

Administrative Services Department
DIVISION:

Finance
ADOPTION DATE:
01/14/2020
APPROVED BY:

City Council
LAST AMENDED:

SUPERSEDES:

E-1 & E-2
REFERENCE:

B-30
PAGE 5 of 10
(f) Only City employees, who are renting vehicles for business purposes, are covered under the City’s insurance plan. Spouses, friends and other non-employee listed drivers or passengers are covered only under insurance provided by the rental company or under their own personal insurance. Cost of insurance for these additional non-City employee individuals is not a reimbursable expense. The use of City vehicles is encouraged when available.

2.3 Personal Car Usage Guidelines
(a) Employees may use their personal car for business purposes if it is to save time, transport equipment or reduce costs when a number of people are traveling to the same destination. (b) If a traveler chooses to use a personal car for travel to his/her destination, the cost must be less than or equal to coach class air fare and/or the cost of a rental car. (c) The use of City vehicles is encouraged when available. (d) In addition, if more than one traveler is traveling to the same destination they are encouraged to share transportation whenever possible. It is encouraged for travelers to carpool, and thus claim one (1) mileage reimbursement.
(e) Mileage will be reimbursed from either point of origin to point of travel, or from City Hall to point of travel, whichever distance is less. The Standard Mileage Rate for business is based on the IRS annual bulletin. Mileage will not be granted in advance, and is only eligible for reimbursement.
(f) City employees who receive gas allowance from the City shall not be entitled to mileage reimbursement unless their trip exceeds forty (40) miles round trip from either point of origin to point of travel, or from City Hall to point of travel, whichever distance is less, in which case the employee will be reimbursed for the miles driven, less forty (40) miles. If the reimbursable amount is less that twenty dollars ($20.00), traveler shall not be entitled to mileage reimbursement.
(g) It is the responsibility of the owner of the vehicle being used for business purposes to carry adequate insurance coverage (state mandatory insurance requirement at minimum) for their 197
City of Banning
Administrative Procedures
Travel & Meeting Policy
POLICY NO:

E-3
ORIGINATING DEPARTMENT:

Administrative Services Department
DIVISION:

Finance
ADOPTION DATE:
01/14/2020
APPROVED BY:

City Council
LAST AMENDED:

SUPERSEDES:

E-1 & E-2
REFERENCE:

B-30
PAGE 6 of 10
protection and the protection of any passengers. When using a personal car for City business, an employee’s personal car insurance carrier is the primary insurance carrier. The City’s insurance will only cover up to the City’s statutory limits in liability claims. (h) Travelers will be reimbursed for business usage of personal cars at the Federal Government’s IRS rate per mile. Tolls and parking will be reimbursed.

2.4 Other Transportation
(a) The most economical mode of transportation should be used to and from airline terminals. Many major hotels provide free transportation to and from airports, travelers should inquire for this type of service. Public transportation and shuttle services should be considered. Employees traveling to same location should share ground transportation whenever possible. (b) Under special circumstances, employees and/or management may be granted the permission to travel in a larger vehicle in order to facilitate the travel of larger groups and reduce the cost. The City Manager or designee may grant approval of such transportation. (c) Itemized Receipts should be provided for all ground transportation expenditures. Original Itemized receipts should be provided, when available, for reimbursement of taxi, shuttle, bus or other ground transportation fares.

3. LODGING
(a) Travelers should use standard room accommodations. When making reservations for lodging costs, the traveler should inquire about educational or governmental discounts. Most California hotels honor the City as a governmental agency and all travelers should make an effort in supplying this information to the hotel.

(b) Lodging costs exceeding established GSA rates may be reimbursed at a higher rate if a written statement explaining the reason for the expense is submitted by the department head to the City Manager along with the completed Travel Advance Request form. Lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available to the traveler. 198
City of Banning
Administrative Procedures
Travel & Meeting Policy
POLICY NO:

E-3
ORIGINATING DEPARTMENT:

Administrative Services Department
DIVISION:

Finance
ADOPTION DATE:
01/14/2020
APPROVED BY:

City Council
LAST AMENDED:

SUPERSEDES:

E-1 & E-2
REFERENCE:

B-30
PAGE 7 of 10
(c) Non-mandatory hotel related fees for bundled services (such as resort and health club fees) are not reimbursable. Mandatory hotel related fees will be reimbursed with a submission of an itemized receipt.
(d) Travelers must submit an itemized check-out receipt. Booking receipts are not acceptable forms of documentation.

4. MEALS
(a) Per diem allowances must be requested at least two weeks in advance of the day funds are required, or there shall be no obligation on the part of the City for an advance. These funds will be distributed to the requestor no more than seven (7) days prior to the travel date. (b) Per Diem costs for employees traveling out-of-town on City business shall be allowed for meals related to attendance at conventions, scheduled meetings, conferences, seminars, special assignments or an assignment when meals are not already provided by the event host and included with event registration at no additional cost. If it is determined that an event hosted meal only includes a continental breakfast, hors d’oeuvres, or appetizers, the traveler may request per diem in place of these servings, but will have to provide documented information showing that the serving provided by the event host does not include a full meal. (c) When out of town City business requires an employee to leave home one (1) hour earlier than normal worktime, the breakfast meal is allowable. When an employee is required to work out-of-town, or is still in transit two (2) hours past a normal business day, the evening meal is allowable.
(d) The maximum allowance for meals per day is based on the current GSA rates, inclusive of taxes and tips.
(e) The maximum amounts will be increased/decreased as the GSA Standard Meal Allowance rate is adjusted.
(f) An event agenda as well as proof of event registration shall be submitted with any request for meal allowance to be eligible to receive any meal allowances, if available. 199
City of Banning
Administrative Procedures
Travel & Meeting Policy
POLICY NO:

E-3
ORIGINATING DEPARTMENT:

Administrative Services Department
DIVISION:

Finance
ADOPTION DATE:
01/14/2020
APPROVED BY:

City Council
LAST AMENDED:

SUPERSEDES:

E-1 & E-2
REFERENCE:

B-30
PAGE 8 of 10
(g) Where the cost of a meal is included as part of a registration charge or fee, no per diem allowance, nor reimbursement may be claimed for that meal. (h) No reimbursement shall be made for alcoholic or Cannabis infused beverages of any kind. (i) Special situations may be considered on a case-by-case basis. A memo from the traveler to the department head is required and the department head’s approval must be attached to the Advance Request form and the Statement of Expense form.

5. USE OF TRAVEL FORMS

5.1 The following list of forms may be applicable to travel authorization and expenses:
• Travel Advance
• Requisition (only when requesting use of Purchasing credit card) • Statement of Expense

5.2 Travel Advance:
(a) When a traveler requires advance pay for a planned trip on official City business, they shall fill out a “Travel Advance” form which shall be signed by both the traveler and the authorized approver with event documentation attached. By signing this form, the approver is authorizing both the travel and advance pay. When payment is being requested, the signed Travel Advance form and appropriate documentation shall be submitted to Finance for payment. (b) If the traveler wishes to have expenses paid in advance by the Purchasing Division via credit card, the signed Travel Advance and appropriate documentation shall be submitted to the Purchasing Division with an approved “Requisition.”
(c) Upon completion of travel, a Statement of Expense must be filed per the requirements below.

Failure to provide the required documentation will result in the denial of future advances.

5.3 Statement of Expense:
200
City of Banning
Administrative Procedures
Travel & Meeting Policy
POLICY NO:

E-3
ORIGINATING DEPARTMENT:

Administrative Services Department
DIVISION:

Finance
ADOPTION DATE:
01/14/2020
APPROVED BY:

City Council
LAST AMENDED:

SUPERSEDES:

E-1 & E-2
REFERENCE:

B-30
PAGE 9 of 10
(a) All reimbursement requests must be accompanied by a statement of expense form. If no travel advance pay was requested/provided to the traveler before an authorized City business trip, the traveler may be reimbursed after their return by filling out a Statement of Expense form with all travel related itemized receipts and documentation attached. The Statement of Expense form shall be signed by both the traveler and an authorized approver. By signing this form, the approver has authorized both the travel, and the reimbursable expenses to be paid out of their department’s budgeted account. The signed Statement of Expense form and appropriate documentation shall be submitted to Finance for payment in order for the traveler to be reimbursed by the City.
(b) By signing any/all of these forms, the authorized approver has audited the forms, receipts, and other applicable documentation, and authorized the travel and payment to the traveler within the constraints of this policy and their budget accounts. (c) All travel forms, expense reimbursements and associated documents are considered public records, and are subject to disclosure under the California Public Records Act. Penalties for the misuse of public resources or falsifying expense reports in violations of reporting policies may include, but are not limited to, the penalties specified in Government Code section 53232.4.

6. PROHIBITED ITEMS FOR REIMBURSEMENT
• Alcoholic or Cannabis infused beverages
• Upgrades to airline seating
• Dues/memberships to airline club(s)
• Personal items lost during travel
• Excess baggage charges (except as approved in the “air travel” section of the policy) • Upgrades from intermediate or standard rental vehicles • Insurance to cover non-City employee passengers
• Car repairs
• Rental car costs during repair of personal car
• Tickets, fines, or traffic violations
• Damage to personal vehicle
201
City of Banning
Administrative Procedures
Travel & Meeting Policy
POLICY NO:

E-3
ORIGINATING DEPARTMENT:

Administrative Services Department
DIVISION:

Finance
ADOPTION DATE:
01/14/2020
APPROVED BY:

City Council
LAST AMENDED:

SUPERSEDES:

E-1 & E-2
REFERENCE:

B-30
PAGE 10 of 10
• Theft of personal vehicle or vehicle content
• Non-mandatory resort or health club fees at hotels
• Any personal expenses including, but not limited to the following:
o Dry cleaning
o Hotel movies
o Other entertainment
o Donations
• If requesting reimbursement for ANY items not mentioned in this policy, reimbursement will be subject to the approval of the City Manager.
202
RESOLUTION 2023-93

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

AMENDING THE REIMBURSEMENT POLICY FOR EXPENSES OF ELECTED AND

APPOINTED OFFICIALS
WHEREAS, on May 30, 2006, the City Council of the City of Banning formally adopted Resolution 2006-55 establishing an expense reimbursement policy for elected and appointed officials; and
WHEREAS, on March 24, 2009, the City Council of the City of Banning, adopted Resolution 2009-24, amending the Reimbursement Policy for Expenses of Elected and Appointed Officials; and
WHEREAS, on January 24, 2023, the City Council of the City of Banning, adopted Resolution 2023-15, amending the Reimbursement Policy for Expenses of Elected and Appointed Officials; and
WHEREAS, the City Council now desires to make changes to said policy.

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

SECTION 1 . FINDINGS. The City Council of the City of Banning ("City") finds as follows:

A. In addition to performing their day-to-day duties and responsibilities, it is in the best interest of the City that elected and appointed officials ( hereinafter, " officials") remain informed and trained in activities, developments and professional trends affecting the affairs of the City and that attendance at institutes, hearings, meetings, conferences, or other gatherings is of value to the City and its citizens.

B. The City's officials include members of any legislative body ( as defined in Government Code Section 54952(a), (b) of the City (hereinafter "legislative body"), including the City Council, as well as the Planning Commission. Utility Authority Board, Parks & Recreation Commission, and any other City-affiliated commission, committee, board, or other body created by ordinance, resolution, or formal action of the City Council.

C. The City takes its stewardship over the use of its limited public resources seriously.

D. Public resources should only be used when there is a substantial benefit to the City, including:

1. Attendance and participation at meetings of the official's legislative body or at meetings of an advisory body of the legislative body Resolution 2023- 93

Page 1 of 5 ends

203

2. Attendance and participation at meetings of any body or organization to which the official has been appointed by the official's legislative body or at which the official serves as a designated representative of the City.

3. Communicating with constituents on matters within the jurisdiction of the official's legislative body.

4. Attending community events as a representative of the City.

5. Communicating with representatives of local, regional, state, and national government on City matters, policy positions, or legislation that may affect the City.

6. Participating in local, regional, state, and national organizations and entities whose activities affect City interests.

7. Attending seminars designed to improve officials' skill and information levels.

E. It is in the best interests of the City to adopt a policy to provide guidance to officials on the use and expenditure of City resources, as well as the standards against which those expenditures will be measured.

F. Government Code section 36514. 5 allows the Mayor and City Council Members to be reimbursed for actual and necessary expenses incurred in the performance of their official duties.

G. The travel and expenses reimbursement policy adopted by this resolution is intended to and does satisfy the requirements of Government Code sections 53232.2 and 53232.3.

SECTION 2. Adoption of Reimbursement Policy. The " City of Banning Reimbursement Policy for Elected and Appointed Officials" as amended and set forth in Exhibit A", is hereby adopted, and will apply to all applicable requests for the reimbursement of expenses incurred after the effective date of this resolution.

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

PASSED, APPROVED AND ADOPTED this 23rd day of May 2023.

Resolution 2023- 93

Page 2 of 5 ends

Alberto, Sa e , Mayor
City of Ba ing
204
ATTEST:

Caroline Patton , D
City of Banning

APPROVED AS TO FORM ANO
LEGAL CONTENT:

Serita R . Young, City Atto
Richards, Watson & Gershon
Resolution 2023 -93

Page 3 of 5 ends

205
CERTIFICATION:

I, Caroline Patton, Deputy City Clerk of the City of Banning , California, do hereby certify that the foregoing Resolution 2023-93, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 23rd day of May 2023 by the following vote , to wit:

AYES : Flynn , Sanchez , and Wallace.

NOES:

ABSENT: Gonzales and Minjares.

ABSTAIN:

Resolution 2023- 93

Page 4 of 5 ends

Caroline Patton, De y City Clerk
City of Banning, California
206

EXHIBIT A
Reimbursement Policy for Expenses of Elected and Appointed Officials Resolution 2023- 93

Page 5 of 5 ends

207
City of Banning
Reimbursement Policy for Elected and Appointed Officials

PURPOSE
To establish a policy for the reimbursement of expenses incurred by elected and appointed officials ( hereinafter " officials") of the City of Banning ( City") in the performance of City business. This Policy will be applicable to all elected or appointed members of any legislative body ( as defined in Government Code Section 54952( a), ( b)) of the City, including the City Council, Planning Commission, Parks & Recreation Commission, Utility Authority Board, and any other City- affiliated commission, committee, board, or other body created by ordinance, resolution, or formal action of the City Council.

POLICY
It is the policy of the City to reimburse actual and necessary expenses incurred by officials in the performance of City business.

A. Activities for which Expense Reimbursement may be Granted Expenses incurred in connection with the following types of activities are eligible for reimbursement:

1. Attendance and participation at meetings of the official' s legislative body or at meetings of an advisory body of the legislative body.

2. Attendance and participation at meetings of any body or organization to which the official has been appointed by the official' s governing or legislative body or at which the official serves as a designated representative of the City .

3. Communicating with constituents on matters within the jurisdiction of the official' s legislative body.

4. Attending community events as a representative of the City .

5. Communicating with representatives of local, regional, state, and national government on City matters, policy positions, or legislation that may affect the City. However, the Mayor will be primary representative for activities relating to lobbying efforts. If the Mayor is not available, then the Mayor Pro Tern would be next in line.

6. Participating in local, regional, state, and national organizations and entities whose activities affect City interests.

Reimbursement for expenses incurred with respect to activities not authorized above require prior approval by the City Council or applicable legislative body.

Reimbursement for expenses incurred by a Board Member, Commissioner, or Committee Member require prior approval by the City Manager.

B. Expenses Authorized for Reimbursement

1. Transportation . Transportation expenses incurred in connection with activities authorized under Section A of this Policy are subject to the following requirements:

Page 1 of 3 ends

208
a . Airlines and Other Commercial Carriers : Travel reimbursement is generally limited to coach class fare at government rates or group rates when available . Fares that are equal to or less than those available through the League of California Cities or the State of California
www.catravelsmart .gov ) are presumed to be economical and reasonable for purposes of reimbursement. If rates comparable to those available through the League of California Cities or the State are either not available or the fare to the applicable destination is not specified by these sources , then fares that do not exceed the median retail price of the fares posted on website like www .expedia .com or www.travelocity .com , or an equivalent service will be considered reasonable .
b . Automotive ( Personal Vehicle): Travel using personal vehicles will be reimbursed at the IRS mileage rate in effect at the time. c. Efficiency of Travel : When a personal automobile ( vehicle) is used for travel, reimbursement for mileage shall be paid at the rate in Section 8.1 .b of this policy up to a max imum equal to the lowest reasonable round-trip airfare to the conference/ meeting location . The travel option that is the least costly should be used whenever feasible.
d . Car Rental: Rental vehicles may be used if more economical and reasonable that other forms of transportation . Renta l is generally limited to the most economical and reasonable mid-sized vehicle. Government rates or rental rates that are equal or less than those listed by the State of California ( www .catravelsmart. gov ) will be considered the most reasonable and economical for purposes of reimbursement. If government rates or rates comparable to those listed by the State are either not available or the State does not specify a rate for a particular location, then rental rates that do not exceed the median retail price of the rates posted on websites like www .expdia .com or www .travelocity .com or an equivalent service will be considered reasonable .
e. Taxis/Shuttle : Taxi , shuttle , and ride share fares , when reasonable and necessary will be reimbursed , including a 15% gratuity per fare. 2 . Lodging . Lodging expenses incurred in connection with activities authorized under Section A of this Policy when travel requires an overnight stay are subject to the following requirements:
a. Officials must user government or group rates for lodging when available. b . If lodging is in connect ion with a conference or organized activity , lodging expenses must not exceed the maximum group rate published by the conference or activity sponsor if such rate is available at the time of booking. c . If group or government rates are not available , lodging rates that do not exceed the median retail price for lodging in the areas listed on websites like www.hotels. com or and equivalent service will be considered reasonable.

3. Meals . Meal expenses incurred in connection with activities authorized under Section A of this Policy will be reimbursed at the applicable U.S . General Services Reimbursement Policy for Elected and Appo inted Officials Page 2 of 3 209
Administration ( https ://www .gsa .gov/ travel/ plan- book/ per- diem- rates ) meal rates in effect at the time. Receipts for meals must include a detailed description of items ordered. Alcoholic beverages will not be reimbursed.

4. Miscellaneous Expenses . Actual and necessary miscellaneous business expenses , as defined by the IRS and incurred in connection with activities authorized under section A of this Policy, may be reimbursed.

C. Expenses Not Authorized for Reimbursement
A. The personal portion of any trip;
B . Political or charitable contributions or events;
C. Family Expenses, including partners ' expenses when accompanying the Council Member On City- related business, as well as children or pet related expenses; D. Entertainment expenses, including theatre, movies ( either in-room or at the theatre), Sporting events ( including gym, massage and/ or golf related expenses), or other Cultural events;
E. In-town mileage ;
F. Non- mileage personal automobile expenses , including repairs, traffic citations , Insurance or gasoline ;
G. Alcohol and personal bar expenses;
H. Personal losses incurred while on City business . Any questions regarding the Propriety of a particular type of expense should be resolved by the City Council Before the expense is incurred .

D. Reporting

1. Report Forms . Official should submit their expense reports within 30 calendar days after the end of the month in which the expense was incurred , accompanied by receipts documenting each expense . IN no event may a request for reimbursement be submitted later than the close of the fiscal year in which the expense was incurred absent exigent circumstances.

2. Reports to City Council, Board, or Commission. Each official must briefly report on outside meetings subject to the Brown Act that are attended at public expense at the next regular meeting of the officials ' legislative body. If multiple officials attended such a meeting, a joint report may be made .
3 . Expense Reports as Public Records. All expense reports of officials and City reimbursement expenditures are public records subject to disclosure under the Public Records Act and other applicable laws.

Reimbursement Policy for Elected and Appointed Officials Page 3 of 3 210
City of Banning
Reimbursement Policy for Elected and Appointed Officials

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PURPOSE
To establish a policy for the reimbursement of expenses incurred by elected and appointed officials (hereinafter “officials”) of the City of Banning (City”) in the performance of City business. This Policy will be applicable to all elected or appointed members of any legislative body (as defined in Government Code Section 54952(a), (b)) of the City, including the City Council, Planning Commission, Parks & Recreation Commission, Utility Authority Board, and any other City-affiliated commission, committee, board, or other body created by ordinance, resolution, or formal action of the City Council.

POLICY
It is the policy of the City to reimburse actual and necessary expenses incurred by officials in the performance of City business.

A. Activities for which Expense Reimbursement may be Granted Expenses incurred in connection with the following types of activities are eligible for reimbursement:

1. Attendance and participation at meetings of the official’s legislative body or at meetings of an advisory body of the legislative body.

2. Attendance and participation at meetings of any body or organization to which the official has been appointed by the official’s governing or legislative body or at which the official serves as a designated representative of the City.

3. Communicating with constituents on matters within the jurisdiction of the official’s legislative body.

4. Attending community events as a representative of the City.

6. Participating in local, regional, state, and national organizations and entities whose activities affect City interests.

Reimbursement for expenses incurred with respect to activities not authorized above require prior approval by the City Council or applicable legislative body.

Reimbursement for expenses incurred by a Board Member, Commissioner, or Committee Member require prior approval by the City Manager.

B. Expenses Authorized for Reimbursement

1. Transportation. Transportation expenses incurred in connection with activities authorized under Section A of this Policy are subject to the following requirements:
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Reimbursement Policy for Elected and Appointed Officials Page 2 of 3 a. Airlines and Other Commercial Carriers: Travel reimbursement is generally limited to coach class fare at government rates or group rates when available. Fares that are equal to or less than those available through the League of California Cities or the State of California
(www.catravelsmart.gov ) are presumed to be economical and reasonable for purposes of reimbursement. If rates comparable to those available through the League of California Cities or the State are either not available or the fare to the applicable destination is not specified by these sources, then fares that do not exceed the median retail price of the fares posted on website like www.expedia.com or www.travelocity.com , or an equivalent service will be considered reasonable.
b. Automotive (Personal Vehicle): Travel using personal vehicles will be reimbursed at the IRS mileage rate in effect at the time. c. Efficiency of Travel: When a personal automobile (vehicle) is used for travel, reimbursement for mileage shall be paid at the rate in Section B.1.b of this policy up to a maximum equal to the lowest reasonable round-trip airfare to the conference/meeting location. The travel option that is the least costly should be used whenever feasible.
d. Car Rental: Rental vehicles may be used if more economical and reasonable that other forms of transportation. Rental is generally limited to the most economical and reasonable mid-sized vehicle. Government rates or rental rates that are equal or less than those listed by the State of California (www.catravelsmart.gov ) will be considered the most reasonable and economical for purposes of reimbursement. If government rates or rates comparable to those listed by the State are either not available or the State does not specify a rate for a particular location, then rental rates that do not exceed the median retail price of the rates posted on websites like www.expdia.com or www.travelocity.com or an equivalent service will be considered reasonable.
e. Taxis/Shuttle: Taxi, shuttle, and ride share fares, when reasonable and necessary will be reimbursed, including a 15% gratuity per fare.

2. Lodging. Lodging expenses incurred in connection with activities authorized under Section A of this Policy when travel requires an overnight stay are subject to the following requirements:
a. Officials must user government or group rates for lodging when available. b. If lodging is in connection with a conference or organized activity, lodging expenses must not exceed the maximum group rate published by the conference or activity sponsor if such rate is available at the time of booking. c. If group or government rates are not available, lodging rates that do not exceed the median retail price for lodging in the areas listed on websites like www.hotels.com or and equivalent service will be considered reasonable.

3. Meals. Meal expenses incurred in connection with activities authorized under Section A of this Policy will be reimbursed at the applicable U.S. General Services 212
Reimbursement Policy for Elected and Appointed Officials Page 3 of 3 Administration (https://www.gsa.gov/travel/plan-book/per-diem-rates) meal rates in effect at the time. Receipts for meals must include a detailed description of items ordered. Alcoholic beverages will not be reimbursed.

4. Miscellaneous Expenses. Actual and necessary miscellaneous business expenses, as defined by the IRS and incurred in connection with activities authorized under section A of this Policy, may be reimbursed.

C. Expenses Not Authorized for Reimbursement
A. The personal portion of any trip;
B. Political or charitable contributions or events;
C. Family Expenses, including partners’ expenses when accompanying the Council Member On City-related business, as well as children or pet related expenses; D. Entertainment expenses, including theatre, movies (either in-room or at the theatre), Sporting events (including gym, massage and/or golf related expenses), or other Cultural events;
E. In-town mileage;
F. Non-mileage personal automobile expenses, including repairs, traffic citations, Insurance or gasoline;
G. Alcohol and personal bar expenses;
H. Personal losses incurred while on City business. Any questions regarding the Propriety of a particular type of expense should be resolved by the City Council Before the expense is incurred.

D. Reporting

1. Report Forms. Official should submit their expense reports within 30 calendar days after the end of the month in which the expense was incurred, accompanied by receipts documenting each expense. IN no event may a request for reimbursement be submitted later than the close of the fiscal year in which the expense was incurred absent exigent circumstances.

3. Expense Reports as Public Records. All expense reports of officials and City reimbursement expenditures are public records subject to disclosure under the Public Records Act and other applicable laws.
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CITY OF BANNING

This is informational only; receive and file report.

BACKGROUND:

The City of Banning has partnered with Waste Management as part of the solid waste franchise agreement to provide three free bulky item collection events for residential accounts per calendar year.

In celebration of Earth Day the City held the second of three bulky item collection events for this year on April 20, 2024, at Dysart Park offering residents the opportunity to dispose of unwanted items including, but not limited to, appliances, mattresses, green waste, e-waste and so forth. This event also offers residents paper shredding and the collection of household batteries.

This latest event welcomed 530 vehicles. An accumulation of 37.22 tons of municipal solid waste, 9.86 tons of green waste, 14.15 tons of white goods/metal, 4.30 tons of paper shredding, 2.61 tons of Ewaste, and 2.92 tons of mattresses were collected over the duration of 5 hours. Waste Management collected a grand total of 71.06 tons of waste of which 33.84 tons were successfully diverted from the landfill. Furthermore, six barrels of household batteries were collected during the event.

In addition to the collection of bulky waste at Dysart Park, the City included a compost station, giving away free compost to the community. Seventy-three (73) residents obtained compost the day of the event. Any unused compost that was not given away was disbursed and utilized on City properties throughout the community. Incorporating the free compost giveaway supports the City’s compliance goals in achieving targets identified by the State and SB 1383 requirements to purchase and utilize organic waste materials. In all, Waste Management provided 18 tons of compost for the giveaway.

JUSTIFICATION:

The City’s Bulky Item Collection and Compost Giveaway events continue to be a success and provide a great service to our community. The events aid in keeping the community clean through reducing the amount of waste that may otherwise be illegally dumped throughout the City and its rights-of-ways. Our next event is scheduled for Saturday, October 19, 2024.

FISCAL IMPACT:

Event staff and material costs were funded by the Refuse fund.

ALTERNATIVES:

N/A
214
ATTACHMENTS:

1. ATTACHMENT 1 Event Pictures 4.20.24.pdf
215
Staff Report: Bulky Item Collection & Compost Giveaway (Earth Day Celebration) April 20, 2024
530 Vehicle Trips

BULKY ITEM COLLECTION & COMPOST GIVEAWAY EVENT PICTURES 216
Staff Report: Bulky Item Collection & Compost Giveaway (Earth Day Celebration) April 20, 2024
530 Vehicle Trips
217

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: May 28, 2024
SUBJECT: Consideration of Resolution 2024-75, Adopting an Amended Conflict of Interest Code Containing Revised Designated Positions and Disclosure Categories, and Repealing Resolution 2023-76
RECOMMENDATION:

Adopt Resolution 2024-75.

BACKGROUND:

The Political Reform Act of 1974, Government Code Section 81000 et seq. (the “Act”), requires all public agencies to adopt and maintain a conflict of interest code. The primary effect of the code is to establish disclosure requirements for various government positions involved in the requisite level of decisionmaking as set forth in the Act. The Act requires each city to adopt a local conflict of interest code designating city positions not otherwise designated in the Act itself, that are involved in making or participating in the making of city decisions at all levels of city government.

Resolution 2024-75 updates the list of designated positions by revising the titles of certain positions and adding positions that should be subject to the local conflict of interest code. Several of the positions being added are new, whereas others represent changes in title only.

Changes to the City’s designated positions list in its amended Conflict of Interest Code within this Resolution include:

Adding seven new designated positions:

Finance Manager
Purchasing Assistant
Community Development Operations Manager
Building Official
Management Analyst
Water/Wastewater Deputy Director
Environmental Program Coordinator
Updating the title of “Deputy City Clerk” to “Administrative City Clerk” Updating the title of “Grants Coordinator” to “Grants Program Manager” Updating the title of “Electric Utility Director” to “Electric Utility Deputy Director” Updating the title of “Building Maintenance Specialist” to “Maintenance Supervisor” JUSTIFICATION:

To ensure conflict of interest codes remain current and accurate, each local agency is required to review 218
its code at least every even-numbered year. During the biennial review, cities are supposed to note which titles have changed, positions that have been added, and ensure the code reflects any changes in job duties or responsibilities of employees.

The City Council's last biennial update of the City’s Conflict of Interest Code was in July 2022, when the prior Conflict of Interest Code was adopted by Resolution 2022-95. The Council adopted the current Conflict of Interest Code in May 2023 through Resolution 2023-76.

FISCAL IMPACT:

Not applicable.

ALTERNATIVES:

Don't adopt Resolution 2024-75 and provide alternate direction to staff.

ATTACHMENTS:

1. Resolution 2024-75, Conflict of Interest Code.docx

2. Exhibit A - 18730Provisions-of-Conflict-of-Interest-Codes.pdf

3. Resolution No. 2023-076.pdf
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RESOLUTION 2024-75

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

ADOPTING AN AMENDED CONFLICT OF INTEREST CODE CONTAINING REVISED

DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES, AND REPEALING RESOLUTION 2023-76
WHEREAS, the Political Reform Act, Government Code Section 81000 et seq., requires the City to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission (“FPPC”) has adopted a standard model Conflict of Interest Code. The standard model code is codified at 2 California Code of Regulations Section 18730 and can be incorporated by reference by the City as the City’s Conflict of Interest Code; and
WHEREAS, pursuant to Government Code Section 82019, a designated employee in the City’s Conflict of Interest Code is any City of Banning officer, employee, committee member or consultant designated in the Code because the position entails the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest; and WHEREAS, the term “designated employee” does not include public officials specified in Government Code Section 87200, e.g., City Councilmembers, Planning Commissioners, City Manager, City Attorney, City Treasurer, etc.; and
WHEREAS, pursuant to Resolution 2023-76, the City Council last amended the City’s Conflict of Interest Code in May 2023, updating designated positions and disclosure categories for certain departments of the City; and
WHEREAS, there have been personnel changes that require revisions to the Designated Positions list; and
WHEREAS, the City Council has determined the attached Appendices A and B accurately set forth the updated positions that should be designated and the disclosure categories for each listed City department.

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

SECTION 1. The standard Conflict of Interest Code adopted by the FPPC attached hereto as Exhibit A, as amended by the FPPC from time to time, and Appendix A, which sets forth the designated positions, and Appendix B, which sets forth the disclosure categories for each City department, are hereby incorporated by reference and shall constitute the Conflict of Interest Code for the City of Banning.

SECTION 2. Persons holding designated positions listed in Appendix A shall file statements of economic interest pursuant to Section 4 of the Conflict of Interest Code.

SECTION 3. The City Council hereby directs the City Clerk and City Attorney to coordinate the preparation of a revised Conflict of Interest Code in succeeding even-numbered years in accordance with the requirements of Government Code Sections 87306 and 87306.5. The revised Code should reflect any changes in department or employee designations. If no revisions to the 220
Resolution 2024-75

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Code are required, the City Clerk shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required.

SECTION 4. Resolution 2023-76 of the City Council, and any other resolutions adopting or amending the City’s Conflict of Interest Code, are hereby repealed in their entirety.

SECTION 5. The City Clerk shall certify the adoption of this Resolution and shall cause a certified Resolution to be filed in the book of original resolutions.

PASSED, APPROVED, AND ADOPTED this 28th day of May 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

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

Serita Young, City Attorney
Richards, Watson & Gershon
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CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-75, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 28th 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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EXHIBIT A
Conflict of Interest Code
Regulation 18730
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APPENDIX A
Designated Positions Disclosure Categories

ELECTED OFFICIALS
City Council Member 1
City Clerk 2, 3, 4, 5
City Treasurer 1

APPOINTED OFFICIALS
City Manager 1
City Attorney 1
Planning Commission Member 1

FINANCE DEPARTMENT
Administrative Services Director 2, 3, 4, 5
Finance Director 2, 3, 4, 5
Finance Manager 2, 3, 4, 5
Deputy Finance Director 2, 3, 4, 5
Customer Service & Billing Manager 2, 3, 4, 5
Information Technology Manager 2, 3, 4, 5
Budget & Financial Analyst 2, 3, 4, 5
Utility Financial Analyst 2, 3, 4, 5
Purchasing Manager 2, 3, 4, 5
Purchasing Assistant 2, 3, 4, 5
Buyer 2, 3, 4, 5
Management Analyst 2, 3, 4, 5
CITY ATTORNEY’S DEPARTMENT
City Attorney (see Appointed Officials) 1
Assistant City Attorney 2, 3, 4, 5
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Deputy City Attorney 2, 3, 4, 5
CITY MANAGER’S DEPARTMENT
City Manager (see Appointed Officials) 1
Assistant City Manager 2, 3, 4, 5
Administrative City Clerk 2, 3, 4, 5
Economic Development Manager 2, 3, 4, 5
Human Resources/Risk Manager 2, 3, 4, 5
Executive Assistant to the City Manager 2, 3, 4, 5
Communications Manager 2, 3, 4, 5
Grants Program Manager 2, 3, 4, 5

COMMUNITY DEVELOPMENT DEPARTMENT
Community Development Director 2, 3, 4, 5
Community Development Operations Manager 2, 3, 4, 5
Building Official 2, 3, 4, 5
Associate Planner 2, 6, 7, 8
Senior Planner 2, 6, 7, 8

ELECTRIC UTILITY DEPARTMENT
Electric Utility Deputy Director 2, 3, 4, 5
Electric Operations & Maintenance Manager 2, 3, 4, 5
Electrical Engineering Manager 2, 3, 4, 5
Business Support Manager 2, 3, 4, 5
Power Resources & Revenue Administrator 2, 3, 4, 5
CORE Manager 2, 3, 4, 5
Management Analyst 2, 3, 4, 5

FIRE DEPARTMENT
Fire Chief 2, 3, 4, 5
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Fire Division Chief 2, 3, 4, 5
Fire Battalion Chief 2, 3, 4, 5

PARKS & RECREATION DEPARTMENT
Parks & Recreation Director 2, 3, 4, 5
Parks & Recreation Manager 2, 3, 4, 5
Recreation Coordinator 9, 10, 11

PUBLIC WORKS DEPARTMENT
Public Works Director 2, 3, 4, 5
Public Works Deputy Director 2, 3, 4, 5
City Engineer 2, 3, 4, 5
Water/Wastewater Deputy Director 2, 3, 4, 5
Water/Wastewater Superintendent 2, 3, 4, 5
Public Works Superintendent 2, 3, 4, 5
Senior Civil Engineer 2, 3, 4, 5
Associate Civil Engineer 2, 3, 4, 5
Capital Improvement Projects Manager 2, 3, 4, 5
Public Works Program Manager 2, 3, 4, 5
Management Analyst 2, 3, 4, 5
Fleet Manager 2, 3, 4, 5
Transit Manager 2, 3, 4, 5
Maintenance Supervisor 2, 3, 4, 5
Environmental Program Coordinator 2, 3, 4, 5

POLICE DEPARTMENT
Police Chief 2, 3, 4, 5
Police Captain 2, 3, 4, 5
Police Lieutenant 2, 3, 4, 5
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Executive Assistant 2, 3, 4, 5

CONSULTANTS
Consultant *See Appendix B
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APPENDIX B

DISCLOSURE CATEGORIES

1. No disclosure is required by this conflict of interest code. Disclosure is already required by Government Code Section 87200.

2. Reportable interests in real property in the jurisdiction.

3. Reportable income and business positions.

4. Reportable investments.

5. Reportable gifts.

6. Reportable income from and business positions with persons or business entities having an interest in real property in the jurisdiction.

7. Reportable investments in business entities having an interest in real property in the jurisdiction.

8. Reportable gifts from persons or business entities having an interest in real property in the jurisdiction.

9. Reportable income from and business positions with persons or business entities that provide, plan to provide or have provided within two years from the time a statement is required under this Conflict of Interest Code, services, supplies, materials or equipment of the type utilized by the Designated Employee’s Department.

10. Reportable investments in business entities that provide, plan to provide or have provided within two years from the time a statement is required under this Conflict of Interest Code, services, supplies, materials or equipment of the type utilized by the Designated Employee’s Department.

11. Reportable gifts from business entities that provide, plan to provide or have provided within two years from the time a statement is required under this Conflict of Interest Code, services, supplies, materials or equipment of the type utilized by the Designated Employee’s Department.
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*Consultants: Disclosure Requirements1
Designated Consultants
Consultants who make (not just
recommend) governmental decisions, such
as whether to approve a rate, rule, or
regulation, whether to issue, deny, suspend,
or revoke any permit, license, application,
certificate or similar authorization, adopt or
grant City approval to a plan, design, report,
study, or adopt or grant City approval of
policies, standards, or guidelines for the City
or any subdivision thereof.

Consultants who serve in a staff capacity
with the City, and in that capacity participate
in making a governmental decision by
providing information, an opinion, or a
recommendation for the purpose of affecting
the decision without significant intervening
substantive review.

Consultants who perform the same or
substantially all the same duties for the
City that would otherwise be performed by an
individual holding a designated position in the
City’s Conflict of Interest Code.

Disclosure Requirements
All reportable interests in real property in the
jurisdiction; reportable income and business
positions; reportable investments; and
reportable gifts, unless the City Manager
determines in writing that a particular
consultant is hired to perform a range of duties
that is limited in scope and thus is not required
to fully comply with the disclosure
requirements described in the section.2
Disclosure required at the same level as a
comparable designated position in the same
or similar City Department identified
elsewhere in this Code.

Disclosure required at the same level as the
comparable designated position identified
elsewhere in this Code.

1 When the consultant is a corporation or partnership, only individuals who fit into one of the three categories of “Designated Consultants” must file disclosure statements. 2 If the City Manager determines in writing that a particular consultant is not required to fully comply with the requisite disclosure requirements, then such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements.

The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.
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1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.
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2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's 231
3 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.

The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April

1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
232
4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
233
5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

When an investment or an interest in real property3is required to be reported,4the statement shall contain the following:

1. A statement of the nature of the investment or interest; 234
6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;
235
7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520. 236
8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from 237
9 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.

This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 238
10 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
239
11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.

Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
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12 (9) Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made. 241
13 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.
242
14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.

However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
243
15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.

HISTORY

1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).

Certificate of Compliance included.

2. Editorial correction (Register 80, No. 29).

3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).

4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).

5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).

6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).

7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).

8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).
244
16 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).

11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.

12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).

13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).

14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).

15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).

16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 245
17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).

22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).

23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).

24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, 246
18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).

25. Editorial correction of History 24 (Register 2003, No. 12).

26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).

27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).

28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).

29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.

Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).

30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).

31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of 247
19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).

32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.

33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.

Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.

34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, 248
20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).

35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).

36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).

37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 249
21 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).
250
RESOLUTION 2023-76

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

ADOPTING AN AMENDED CONFLICT OF INTEREST CODE CONTAINING REVISED

DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES, AND REPEALING RESOLUTION 2022-95
WHEREAS, the Political Reform Act, Government Code Section 81000 et seq., requires the City to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission ("FPPC") has adopted a standard model Conflict of Interest Code. The standard model code is codified at 2 California Code of Regulations Section 18730 and can be incorporated by reference by the City as the City's Conflict of Interest Code; and
WHEREAS, pursuant to Government Code Section 82019, a designated employee in the City's Conflict of Interest Code is any City of Banning officer, employee, committee member or consultant designated in the Code because the position entails the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest; and
WHEREAS, the term "designated employee" does not include public officials specified in Government Code Section 87200, e.g., City Councilmembers, Planning Commissioners, City Manager, City Attorney, City Treasurer, etc.; and WHEREAS, pursuant to Resolution 2022-95, the City Council last amended the City's Conflict of Interest Code in July 2022, updating designated positions and disclosure categories for certain departments of the City; and
WHEREAS, there have been personnel changes that require revisions to the Designated Positions list; and
WHEREAS, the City Council has determined the attached Appendices A and B accurately set forth the updated positions that should be designated and the disclosure categories for each listed City department.

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

SECTION 2. Persons holding designated positions listed in Appendix A shall file statements of economic interest pursuant to Section 4 of the Conflict of Interest Code.

Resolution 2023-76

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251
SECTION 3. The City Council hereby directs the City Clerk and City Attorney to coordinate the preparation of a revised Conflict of Interest Code in succeeding evennumbered years in accordance with the requirements of Government Code Sections 87306 and 87306.5. The revised Code should reflect any changes in department or employee designations. If no revisions to the Code are required, the City Clerk shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required.

SECTION 4. Resolution 2022-95 of the City Council, and any other resolutions adopting or amending the City's Conflict of Interest Code, are hereby repealed in their entirety.

SECTION 5. The City Clerk shall certify the adoption of this Resolution and shall cause a certified Resolution to be filed in the book of original resolutions.

PASSED, APPROVED, AND ADOPTED this 9th day of May 2023.

ATTEST:

Caroline Patton, De
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita
>~
Young XityA1(o
---
rney
Richards, Watson & Gershon
Resolution 2023-76

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Alberto anchez, Mayor
City o Banning
252
CERTIFICATION:

I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2023-76, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of May 2023 by the following vote, to wit:

AYES: Flynn, Gonzales, Minjares, Sanchez, and Wallace.

NOES:

ABSENT:

ABSTAIN:

Resolution 2023-76

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Caroline Patton, De City Clerk
City of Banning, California
253
Resolution 2023-76

Page 4 of 9 ends

EXHIBIT A
Conflict of Interest Code
Regulation 18730
(Attached)
254
1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.
255
2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's 256
3 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.

1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
257
4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
258
5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

When an investment or an interest in real property3is required to be reported,4the statement shall contain the following:

1. A statement of the nature of the investment or interest; 259
6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

3. A description of the consideration, if any, for which the income was received;

1. The name, address, and a general description of the business activity of the business entity;
260
7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520. 261
8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from 262
9 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 263
10 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

1. Loans made to the campaign committee of the elected officer.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
264
11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.

No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made. 266
13 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.

Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.
267
14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.

However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
268
15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.

HISTORY

1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).

Certificate of Compliance included.

2. Editorial correction (Register 80, No. 29).

3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).

4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).

5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).

6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).

7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).

8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).
269
16 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).

13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).

15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 270
17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.

24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, 271
18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).

25. Editorial correction of History 24 (Register 2003, No. 12).

26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).

28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).

29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.

31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of 272
19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).

32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.

33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.

Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.

34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, 273
20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).

37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 274
21 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).
275
Designated Positions

ELECTED OFFICIALS
City Council Member
City Clerk
City Treasurer

APPOINTED OFFICIALS
City Manager
City Attorney
Planning Commission Member

FINANCE DEPARTMENT
Administrative Services Director
Finance Director
Deputy Finance Director

APPENDIX A
Customer Service & Billing Manager
Information Technology Manager
Budget & Financial Analyst
Utility Financial Analyst
Purchasing Manager
Buyer
Management Analyst

CITY ATTORNEY'S DEPARTMENT
City Attorney (see Appointed Officials)
Assistant City Attorney
Deputy City Attorney
Resolution 2023-76

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Disclosure Categories
1 2, 3,4,5
1 1
1 1
2, 3, 4, 5
2, 3, 4, 5
2, 3, 4, 5
2, 3, 4, 5
2, 3, 4, 5
2, 3, 4, 5
2, 3, 4, 5
2, 3, 4, 5
2, 3,4, 5
2, 3, 4, 5
1 2, 3, 4, 5
2, 3, 4, 5
276

CITY MANAGER'S DEPARTMENT
City Manager (see Appointed Officials)
Assistant City Manager
Deputy City Clerk
Economic Development Manager
Human Resources/Risk Manager
Executive Assistant to the City Manager
Communications Manager
Grants Coordinator

COMMUNITY DEVELOPMENT DEPARTMENT
Community Development Director
Associate Planner
Senior Planner

ELECTRIC UTILITY DEPARTMENT
Electric Utility Director
Electric Operations & Maintenance Manager
Electrical Engineering Manager
Business Support Manager
Power Resources & Revenue Administrator
CORE Manager
Management Analyst

FIRE DEPARTMENT
Fire Chief
Fire Division Chief
Fire Battalion Chief
Resolution 2023-76

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1 2, 3, 4, 5
2, 3, 4, 5
2, 3, 4, 5
2, 3, 4, 5
2, 3,4, 5
2, 3, 4, 5
2, 3, 4, 5
2, 3, 4, 5
2, 6, 7, 8
2, 6, 7, 8
2, 3, 4, 5
2, 3, 4, 5
2, 3,4, 5
2, 3, 4, 5
2, 3, 4, 5
2, 3, 4, 5
2, 3, 4, 5
2, 3, 4, 5
2, 3, 4, 5
2, 3, 4, 5
277

PARKS & RECREATION DEPARTMENT
Parks & Recreation Director
Parks & Recreation Manager
Recreation Coordinator

PUBLIC WORKS DEPARTMENT
Public Works Director
Public Works Deputy Director
City Engineer
Water/Wastewater Superintendent
Public Works Superintendent
Senior Civi l Engineer
Associate Civil Engineer
Capital Improvement Projects Manager
Public Works Program Manager
Management Analyst
Fleet Manager
Transit Manager
Building Maintenance Specialist

POLICE DEPARTMENT
Police Chief
Police Captain
Police Lieutenant
Executive Assistant

CONSULTANTS
Consultant
Resolution 2023-76

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2, 3, 4, 5
2, 3, 4, 5
9, 10, 11
2, 3, 4, 5
2, 3, 4, 5
2, 3, 4, 5
2, 3,4, 5
2, 3, 4, 5
2, 3, 4, 5
2, 3, 4, 5
2, 3, 4, 5
2, 3,4, 5
2, 3, 4, 5
2, 3, 4, 5
2, 3,4, 5
2, 3, 4, 5
2, 3,4, 5
2, 3, 4, 5
2, 3, 4, 5
2, 3, 4, 5
*See Appendix B
278
APPENDIX 8

DISCLOSURE CATEGORIES

1. No disclosure is required by this conflict of interest code. Disclosure is already required by Government Code Section 87200.

2. Reportable interests in real property in the jurisdiction.

3. Reportable income and business positions.

4. Reportable investments.

5. Reportable gifts.

6. Reportable income from and business positions with persons or business entities having an interest in real property in the jurisdiction.

7. Reportable investments in business entities having an interest in real property in the jurisdiction.

8. Reportable gifts from persons or business entities having an interest in real property in the jurisdiction.

Resolution 2023-76

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279
*Consultants: Disclosure Requirements1
Designated Consultants
Consultants who make (not just
recommend) governmental decisions,
such as whether to approve a rate, rule, or
regulation, whether to issue, deny,
suspend, or revoke any permit, license,
application, certificate or similar
authorization, adopt or grant City approval
to a plan, design, report, study, or adopt or
grant City approval of policies, standards,
or guidelines for the City or any subdivision
thereof.

Consultants who serve in a staff
capacity with the City, and in that
capacity participate in making a
governmental decision by providing
information, an opm1on, or a
recommendation for the purpose of
affecting the decision without significant
intervening substantive review.

Consultants who perform the same or
substantially all the same duties for the
City that would otherwise be performed by
an individual holding a designated position
in the City's Conflict of Interest Code.

Disclosure Requirements
All reportable interests in real property in
the jurisdiction; reportable income and
business positions; reportable
investments; and reportable gifts, unless
the City Manager determines in writing
that a particular consultant is hired to
perform a range of duties that is limited in
scope and thus is not required to fully
comply with the disclosure requirements
described in the section.2
Disclosure required at the same level as a
comparable designated position in the
same or similar City Department identified
elsewhere in this Code.

Disclosure required at the same level as
the comparable designated position
identified elsewhere in this Code.
1 When the consultant is a corporation or partnership, only individuals who fit into one of the three categories of "Designated Consultants" must file disclosure statements. 2 If the City Manager determines in writing that a particular consultant is not required to fully comply with the requisite disclosure requirements, then such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements.

The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

Resolution 2023-76

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280

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 28, 2024
SUBJECT: Consideration of Resolution 2024-76, Awarding a Professional Services Agreement to MSW Consultants in the Amount of $107,200 for Annual Assessments of Commercial Collection Services
RECOMMENDATION:

Adopt Resolution 2024-76.

BACKGROUND:

California’s Department of Resources Recycling and Recovery (CalRecycle) brings together the state’s recycling and waste management programs to move the state towards a circular economy that reduces waste and reuses all material. Through landmark initiatives such as the Integrated Waste Management Act (Assembly Bill 939) and its evolution through Assembly Bills 341 and 1826 and its most recent adoption of Senate Bill 1383, California regulated and works toward a society that uses less, recycles more, and takes resource conservation to a higher level. As required by CalRecycle and mandated by the State, standards were implemented by the City through its adoption of Ordinance 1576 and Banning Municipal Code (BMC), Chapter 8.28, Solid Waste Collection and Disposal.

In compliance with these regulations, commercial accounts are required to subscribe to the City’s threecontainer collection services for all waste streams including trash, recyclable and organic waste. These accounts are assessed annually to evaluate subscription levels; right size containers; evaluate business practices, potential programs and opportunities that increase diversion; and ensure compliance with State and local regulations requiring subscription or program access that ultimately result in the diversion of material.

In part, to satisfy the above requirement and support conducting annual site and administrative commercial assessments, staff identified the need to obtain a consultant with considerable industry experience to provide assessment services.

As a result, staff prepared a Request for Proposal (RFP) for Annual Assessments of Commercial Collection Services that was released in February through the City’s purchasing system, OpenGov. This opportunity was also published in the local newspaper and solicitations were directed toward several well-known firms in the industry. In response to these efforts, one proposal was received from MSW Consultants.

In general, the scope of work requires the Consultant to work closely with the City’s Public Works Department and its Franchise Hauler, Waste Management to support commercial compliance with SB 1383 through conducting site audits and performing administrative assessments of current service levels 281
and practices of the business community; evaluate potential programs and opportunities to increase diversion, right-sizing solid waste collection services and obtain compliance with State regulations including, but not limited to, SB 1383, AB 341, AB 827 and the Banning Municipal Code (BMC).

To accomplish this, the Consultant shall annually assess various services and programs of businesses, industrial and multi-family complexes with 5 or more units within the City boundaries. Assessment may include, but not limited to, the following:

Assess the current level of services and subscription to all mandatory collection services for business accounts which includes trash, recycling and organics through administrative assessments or physical site audits.

Act as a liaison between the business community/business accounts and the City or City’s Waste Hauler.

Evaluate monthly, quarterly and annual compliance reporting provided by the City’s solid waste franchise hauler.

Educate business accounts on State mandated, required collection services.

Issue waivers and adjust exemption status (e.g., verify current services and waiver status, issue waivers, revoke waivers, etc.)
Conduct waste audits, inspections and “right-size” solid waste customers. “Right-size” collection services (e.g., recommend level of service adjustments such as changes to frequency in service or container size to address overages and contamination or when appropriate, reduce level of services when over subscribing)
Prepare inspection reports while documenting findings with photographs and written statements.

Prepare correspondence to inform responsible parties of violations and required action; issues non-compliance orders and citations.

Track the progress of business account programs for compliance and reporting.

Electronic Data Collection for Compliance Tracking in the City’s Recyclist program tracker including, but not limited to, the following:

Commercial Business Compliance Tracking for AB 341, AB 1826 and SB 1383 Organics Recycling
For each business, assess
Current solid waste service levels and service level changes Recycling program implemented or alternative compliance method.

Exemptions and waivers
Inspections including site visit notes, separately for each site with pertinent information.

Photo/documentation for uploading to the software tracking system.

Tracking of outreach completed.

Commercial Business Compliance Tracking for SB 1383 Edible Food Recovery Program
For each generator:

Tier One business compliance tracking
Tier Two business compliance tracking.

Inspections including site visits and notes, separately for each site visit with pertinent information.

Food recovery amount collected.

Outreach completed.

Edible Food Recovery Organization/Service Tracking
Food recovery amount collected in City
Implementation Record
Dedicated Implementation Record required by SB 1383 regulations (14 CCR Section 18995.2) including:

Ordinances and Enforceable Mechanisms
Written Program Descriptions
282
Organic Waste Service Collection
Contamination Minimization, including Route Review and Waste Evaluations
Waivers and Exemptions
Education and Outreach
Jurisdiction Oversight of Hauler Programs
Edible Food Recovery
Recovered Organic Waste Product Procurement
Paper Procurement Inspection and Enforcement
Compliance Reviews
Investigation of Complaints and Alleged Violations
A committee consisting of three (3) members was assembled to evaluate the proposal based on qualifications, pricing, experience, professional references and approach resulting in staff’s recommendation to award a three (3) year term agreement to MSW Consultants in the amount of $107,200. Services under this agreement include annual assessments of commercial collection account services and compliance with State a local regulations in the amount of $92,200 along with services as needed in the amount of $15,000 for a total agreement in the amount of $107,200.

If awarded, staff anticipates that services will commence within 30 days of award of the three-year term with the option to renew upon satisfactory review for two (2) additional single-year periods.

JUSTIFICATION:

To ensure compliance with State and local mandates, it is necessary to conduct annual assessments of commercial accounts, subscription of mandatory services, and implementation of recycling programs.

Should CalRecycle find that the City has failed to implement its reduction and recycling programs, fines and administrative civil penalties may be imposed of up to ten thousand dollars ($10,000) per day.

MSW Consultants submitted a proposal in response to the City's RFP. The proposal was evaluated and deemed responsive to the RFP and MSW is capable of providing the required services.

FISCAL IMPACT:

An appropriation from the Refuse Division of the General Fund for FY 2024-25 in the amount of $47,200 to Account 001-9600-453.33-11 (Professional Services) is necessary to cover the award; the account currently has a balance of $60,000. This will be included in the Biennial Budget that is recommended to Council June 25, 2024.

ALTERNATIVES:

1. Adopt Resolution 2024-76 as recommended.

2. Adopt Resolution 2024-76 with modifications.

3. Do not approve Resolution 2024-76 and provide alternative direction to staff.

ATTACHMENTS:

1. Resolution 2024-76, MSW Consultants.docx

2. Exhibit A - PSA MSW Consultants - Commercial Collection Svcs.pdf

3. Proposal.pdf
283
Resolution 2024-76

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RESOLUTION 2024-76

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

AWARDING A PROFESSIONAL SERVICES AGREEMENT TO MSW CONSULTANTS IN THE AMOUNT OF $107,200 FOR ANNUAL ASSESSMENTS OF COMMERICAL COLLECTION

SERVICES
WHEREAS, State and local regulations require compliance assessments of collection services for commercial accounts on an annual basis; and WHEREAS, staff prepared a request for proposals for the Annual Assessments of Commercial Collection Services that was released through its Purchasing software, ProcureNow, and advertised in the local newspaper; and
WHEREAS, a committee consisting of three (3) members was assembled to evaluate the one (1) proposal received based on qualifications, pricing, experience, professional references and approach resulting in an award of a three (3) year term agreement to MSW Consultants in the amount of $107,200 which includes annual assessments of commercial collection account services for a 3-year period and compliance with State a local regulations in the amount of $92,200 along with services as needed in the amount of $15,000 for a total agreement in the amount of $107,200; and
WHEREAS, an appropriation from the Refuse Fund in the amount of $47,200 to Account 690-9600-453.33-11 (Professional Services) is necessary.

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

SECTION 1. The City Council approves an award of a Professional Services Agreement to MSW Consultants in the amount of $107,200 for a three-year term for Annual Assessments of Commercial Collection Services and authorizes the City Manager to make necessary nonsubstantive changes, and to execute said agreement.

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

SECTION 3. The City Council authorizes the City Manager, or designee, to exercise a renewal option for two (2) additional single year periods.

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

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

Alberto Sanchez, Mayor
City of Banning
284
Resolution 2024-76

Page 2 of 4 ends

ATTEST:

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

Serita R. Young, City Attorney
Richards, Watson & Gershon
285
Resolution 2024-76

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 2024-76, 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
286
Resolution 2024-76

Page 4 of 4 ends

Exhibit A
Professional Services Agreement with MSW Consultants
287
-1-
2344655v8
AGREEMENT FOR PROFESSIONAL SERVICES (C01014) FOR ANNUAL

ASSESSMENT OF COMMERICAL COLLECTION SERVICES BY AND BETWEEN CITY OF BANNING AND MSW CONSULTANTS, INC.

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

RECITALS
A. City has sought by a proposal in response to RFP #24-001 for the performance of the services for the Annual Assessment of Commerical Collection services and as further defined and described particularly in Article 1 of this Agreement.

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “Services” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Consultant covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, and fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional 288
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standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Contract Documents and Exhibits.

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

1.3 Compliance with Law.

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

1.4 Licenses, Permits, Fees and Assessments.

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

1.5 Familiarity with Services.

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

1.6 Prevention of Loss and Damages.

Consultant shall adopt reasonable methods during the Term (defined in Section 3.4) to furnish continuous protection to the work product, and the equipment, materials, papers, 289
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documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.

1.7 Further Responsibilities of Parties.

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

1.8 Additional Services.

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

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

1.9 Facilities and Equipment.

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

1.10 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern. 290
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1.11 Corrections.

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

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

1.12 Party Representatives.

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

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

Name Title
David Davis Project Manager
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Consultant Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Consultant Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Consultant Representative. For purposes of this Agreement, the foregoing Consultant Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Consultant without the express written approval of City. It shall be Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions which must be made by City to the Contract Officer. 2) Consultant’s Personnel: Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement. 291
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Consultant shall notify City of all changes in Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or sub-contractor of Consultant, City shall give notice as set forth in Section 8.1. Consultant shall, immediately upon the receipt of the notice to re-assign staff from City, reassign such person or persons.

1.13 Independent Contractor.

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

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

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

1.14 Prohibition Against Subcontracting or Assignment.

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

Therefore, Consultant shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this 292
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Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than One Hundred Seven Thousand Two Hundred Dollars ($107,200.00) (the “Contract Sum”). The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services with City is a critical component of the Services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

2.4 Unauthorized Services and Expenses.

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

2.5 Invoices.

Each month Consultant shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month. Each such invoice shall contain all of the information set forth in Section III of Exhibit C to this Agreement. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the 293
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Agreement. Consultant shall not invoice City for any duplicate Services performed by more than one person.

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

2.6 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

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

3.3 Force Majeure.

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

1.8) shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant 294
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be entitled to recover damages against City for any delay in the performance of this Agreement, however caused; Consultant’s sole remedy shall be the extension of the Agreement pursuant to this Section.

3.4 Term.

The Term of this Agreement shall be from the Effective Date through May 31, 2027 with the option to renew for two (2) one-year terms, unless sooner terminated as provided in Article 6 of this Agreement or extended as provided in Sections 1.8 and 3.3 of this Agreement. Maximum term and any subsequent amendment or modification shall not exceed five (5) years.

ARTICLE 4. INSURANCE AND INDEMNIFICATION

4.1 Minimum Scope and Limits of Insurance.

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

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

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

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

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

4.2 Acceptability of Insurers.

The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest 295
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edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Article.

4.3 Additional Insured.

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

4.4 Primary and Non-Contributing.

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

4.5 Consultant’s Waiver of Subrogation.

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

4.6 Deductibles and Self-Insured Retentions.

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

4.7 Cancellations or Modifications to Coverage.

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

4.8 City Remedy for Noncompliance.

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

Consultant shall promptly reimburse City for any premium paid by City, or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 296
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4.9 Evidence of Insurance.

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

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

4.10 Indemnity Requirements not Limiting.

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

4.11 Sub-contractor Insurance Requirements.

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

4.12 Indemnification, Hold Harmless, and Duty to Defend.

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

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

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

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

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

ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION

5.1 Service Records.

Consultant shall keep, and require sub-contractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder (the “Service Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer 298
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to evaluate the performance of such Services. Any and all such Service Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the Service Records may be given to City, and access shall be provided by Consultant’s successor in interest (“Consultant’s Successor”). If custody of the Service Records is given to Consultant’s Successor, Consultant shall give written notice to City of the transfer of the Service Records to Consultant’s Successor. The notice shall include contact information (address and telephone number) for Consultant’s Successor, and access shall be provided to City by Consultant’s Successor.

5.2 Reports.

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

5.3 Ownership of Documents.

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

5.4 Confidentiality and Release of Information.

A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the 299
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public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.

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

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

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

ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION

6.1 California Law.

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

6.2 Disputes; Default.

A. In the event that City determines Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any Services performed after the date of default. In addition to the provisions of Section 4.8, and the right to terminate pursuant to Section 6.7, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City may serve Consultant with written notice of the default. Consultant shall have ten (10) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. 300
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In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

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

6.3 Retention of Funds.

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

6.4 Waiver.

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

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

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

6.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party 301
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

6.6 Legal Action.

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

6.7 Termination Prior to Expiration of Term.

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

6.8 Attorneys’ Fees.

In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorney’s fees on any appeal, and in addition the Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 302
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ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

7.1 Non-liability of City Officers and Employees.

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

7.2 Conflict of Interest.

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

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

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

7.3 Covenant Against Discrimination.

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

Consultant shall take affirmative action to insure that applicants are employed, and that employees 303
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are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, or other protected class.

7.4 Unauthorized Aliens.

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

ARTICLE 8. MISCELLANEOUS PROVISIONS

8.1 Notices.

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

If to City Attn: Holly Stuart
City’s Contract Officer
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
With a courtesy copy to: Serita R. Young, City Attorney Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Email: [email protected]
If to Consultant: Attn: David Davis
Owner
MSW Consultants, Inc.
41760 Ivy Street, Suite 2023
Murrieta, CA 92562
Email: [email protected]
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8.2 Interpretation.

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

8.3 Counterparts.

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

8.4 Integration; Amendment.

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

8.5 Severability.

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

8.6 Mutual Cooperation.

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

B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 305
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8.7 No Third Party Beneficiaries Intended.

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

8.8 Final Payment Acceptance Constitutes Release.

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

8.9 Non-Appropriation of Funds.

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

8.10 Headings.

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

8.11 Word Usage.

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

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

8.13 Corporate Authority.

The persons executing this Agreement on behalf of the Parties hereto warrant that (i): such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver 306
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this Agreement on behalf of that Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

8.14 Electronic Signatures.

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

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

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Administrative City Clerk
Address:

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.
308
Exhibit “A”-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing Annual Assessment of Commerical Collection services prepared in connection therewith:

II. As part of the Services, Consultant will prepare and deliver the following tangible work products and services to City:
309
A. Statement of Understanding and Approach
Statement of Understanding
The City Banning (City) is responsible for complying with SB 1383. This new State law was adopted in 2016 and became effective in January 2022. The goal of SB 1383 is to reduce the amount of organic material buried in landfills, and thereby reduce the amount of methane emitted into the atmosphere.

In 2020, CalRecycle adopted the regulations that implemented SB 1383. These regulations require all California cities to implement an array of programs to divert organics from being landfilled. SB 1383 requires jurisdictions to:
• Amend their municipal codes to enforce the requirement that waste generators recycle their organics.
• Ensure that their waste haulers provide organics collection service. • Ensure that all customers participate in organics recycling service (or are granted a waiver by the City).
• Develop inspection and compliance review programs to ensure that waste generators fulfill the requirements of the jurisdiction’s municipal code.
• Ensure that all newly constructed buildings have readily accessible space for recycling. • Ensure that all new constructions are designed with water efficient landscape. • Conduct periodic education and outreach to all waste generators, and specifically, generators of edible recoverable food.
• Ensure haulers perform annual route inspections to minimize contamination. • Estimate the amount of organic waste and recoverable edible food generated within their boundaries and provide that information to their county for facility planning purposes. • Procure a minimum quantity of recovered organic waste products. • Enhance existing edible food recovery programs to reduce the amount of recoverable edible food sent to landfills.
• Prepare and submit annual compliance reports to CalRecycle.

The purpose of this project is to help the City comply with the State’s mandatory recycling laws by conducting annual assessments to determine the recycling status of its commercial waste generators.

EXHIBIT "A" Exhibit "A" - 2
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Approach
Our approach to this project will be to apply our extensive experience in SB 1383 program implementation to the City’s specific requirements. We will be fully committed to the overall mission of the City’s solid waste and recycling strategic goals. We will act as liaisons between the business community and the City. We will also make the best use of WM’s contractual obligations related to SB 1383 compliance. We believe that our experience, and ourstrict ‘letter of the law’ approach to SB 1383 compliance, uniquely qualify us to perform this work for the City. Moreover, our recent project with the city of Corona has provided us with experience using the Recyclist Program Tracker.

Scope of Work
Task 1– Project Administration
We will conduct an initial project kick-off meeting with City staff. At this call, we will review the project scope, schedule, and discuss any key issues. After the meeting, we will prepare and distribute meeting minutes. We will also request from the City log-on credentials to the Recyclist Program Tracker.

Throughout the course of this project, we will prepare for an conduct monthly project status meetings.

We will also meet as often as needed with the City on an ad hoc basis. Throughout the project, we will provide weekly reports to the City describing the tasks performed the previous month, and the planned tasks for the next month.

EXHIBIT "A" Exhibit "A" - 3
311
o Notify the customer of the level of required recyclables and organics collection services.
o Prepare inspection reports while documenting findings with photographs and written statements.
o Prepare correspondence to inform responsible parties of violations and required action.
o Issue non-compliance orders and citations.
o Update the status of each compliance visit into the City’s Recyclist program tracker. • For businesses that request any waivers or exemptions, we will take the action shown in Table 1 below. We will also enter the supporting documentation into the Recyclist database. • For businesses that do not qualify for an exemption or waiver, and that decline to subscribe for the proper level of recycling service, we will provide factual support to the City with a recommendation to issue a notice of violation. We will enter this factual information into the Recyclist database.

All businesses will be tactfully informed that they must comply with the State’s mandatory recycling law (SB 1383). Customers that do not qualify for a waiver and are unresponsive will be notified that they are subject to a notice of violation.

Table 1 – Waivers and Exemptions
Type of Waiver or Exemption Action Taken:

Exemption for recyclables sold or donated to
third party recycler per Section 8.28.090 of the
CMC.

Notify the business of the recordkeeping
requirements; request from the business name
and contact information of third-party recycler;
amount and frequency of collection.

Self-haul of recyclables – per Section 8.28.150
of the CMC
Notify the business of the recordkeeping
requirements; request from the business
disposal receipts and amount of self-hauled
material, and any other supporting
documentation
De minimis generation - per Section 8.28.110
(A)of the CMC
Take photo; evaluate and document if
generation of material is truly less than the
threshold.

Physical space waiver – per Section 8.28.110 (B)
of the CMC
Take photo; evaluate if there is truly a lack of
space; consider if split-bin would be feasible.

EXHIBIT "A" Exhibit "A" - 4
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Task 3– Commercial Business Compliance Tracking for SB 1383 Edible Food Recovery Programs In accordance with the requirements of SB 1383, and the City’s municipal code section 8.28.120, we will assist the City in meeting this year’s deadline to educate and inspect commercial edible food generators in the City. This will enable the City to comply with Section 18995.1 (Jurisdiction Inspection Requirements).

To complete this task, we will develop an inspection form to use during inspections. We will conduct inspections to all of the tier 1 and tier 2 commercial edible food generators located in the City to:
• Interviewing owners and employees to answer any questions, and ensure they understand the State’s edible food donation requirements. • Confirming the existence of written agreements.
• Reviewing written logs of food donations and recording the types of food recovered. • Documenting the inspections via the Inspection Form.

We will provide a summary report on the number of inspections conducted. This report will include the compliance status of each generator and notes to provide insight to support each generator’s compliance status.

Deliverables
• Inspection form
• Summary Report
Task 4– Edible Food Recovery Organization/Service Tracking In accordance with the requirements of 14 CCR Section 18991.3(b), 18991.5(a)(1) and the City’s municipal code section 8.28.130 and 8.28.290, we will assist the City in identifying the amount of edible food collected in the City.

To accomplish this task, we will assist the City in meeting this year’s deadline to educate and inspect food recovery organizations/ services in the City. Our inspections will consist of:
• Contacting, and/or visiting the locations of all food recovery organizations. • Reviewing food donation records and recording the types and amounts of food recovered. • Documenting the inspections via the Inspection Form.

EXHIBIT "A" Exhibit "A" - 5
313
Each month, we will review all current materials in the Recyclist Implementation Record, and identify any records that need to be added or updated. We will work with City staff and WM to request and review information needed to update the Implementation Record. Each month, we will prepare a report for the City that lists all the items that need to be added or updated in the Implementation Record.

Project Schedule – Fiscal 2025
For fiscal 2025, we propose to conduct the commercial assessments according to the schedule below in Table 2.

Table 2 – Project Schedule – FY 2025
1 2 3 4 5 6 7 8 9 10 11 12
1 Project Management MR MR MR MR MR MR MR MR MR MR MR MR 2 Conduct Compliance Assessments CA CA CA CA CA CA CA CA CA CA CA CA 3 Conduct Edible Food Recovery Tracking FR FR FR FR
4 Edible Food Recovery Organization Tracking RT RT RT RT 5 Implementation Record IR IR IR IR IR IR IR IR IR IR IR IR MR Monthly reports to the City
CA Compliance Assessments
FR Edible food recovery tracking
RT Food recovery organization tracking
IR Updating the implementation record
Task Description
Months
Legend
EXHIBIT "A" Exhibit "A" - 6
314
Exhibit “A”-7
III. In addition to the requirements of Parts I and II of this Scope of Services, during the performance of the Services, Consultant will keep City appraised through periodic status reports regarding the performance of the Services under this Agreement as set forth below and in Section 5.2, by the following means:
a. In-person meetings and/or teleconferences.
b. Email updates/questions to applicant team and City while reviews are underway.
c. Conference calls.

IV. All work product is subject to review and acceptance by City. If the City determines that any work product is unacceptable, for any reason, it must be revised by Consultant without additional charge to City until found satisfactory and accepted by City. 315
Exhibit “B”-1
EXHIBIT “B”

SPECIAL REQUIREMENTS

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

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

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

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

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

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

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

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
316
Exhibit “B”-2

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

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

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

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

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

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Date______________ Signature___________________________ 317
Exhibit “B”-3

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including, without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.
318
Exhibit “C”-1
11303-0008\2344655v8.doc
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks (“Tasks”) at the following rates as attached as Exhibit C-1:

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

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

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

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

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

D. Line items for all approved sub-contractor labor, supplies, equipment, materials, and travel properly charged to the Services. 319
Exhibit “C-1”-1
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
As-needed services performed at the rates below.
320
Exhibit “D-1”- 1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely, and deliver the specified tangible work products to City in accordance with the schedule attached as agreed upon schedule between the parties.

II. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.
321
Proposal to Conduct Annual Assessment of
Commercial Collection Services
Submitted by
Solid Waste Consultants
to Local Government Mariposa Eco
Consulting, Inc.
322
Table of Contents
A. STATEMENT OF UNDERSTANDING AND APPROACH............................................................................ 1 B. COMPANY INFORMATION............................................................................................................... 6 C. COMPANY PERSONNEL .................................................................................................................. 8 D. DISCLOSURE ............................................................................................................................... 13 E. EXPERIENCE AND REFERENCES ...................................................................................................... 14 323
1 of 16
A. Statement of Understanding and Approach
Statement of Understanding
The City Banning (City) is responsible for complying with SB 1383. This new State law was adopted in 2016 and became effective in January 2022. The goal of SB 1383 is to reduce the amount of organic material buried in landfills, and thereby reduce the amount of methane emitted into the atmosphere.

In April 2021, the City entered into a new solid waste collection agreement with WM. Under the terms of the new agreement, WM has the exclusive right (and obligation) to collect solid waste from all residential and commercial customers in the City. The agreement also requires WM to cooperate with the City’s efforts to comply with the State’s mandatory commercial recycling laws. 324
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Approach
Our approach to this project will be to apply our extensive experience in SB 1383 program implementation to the City’s specific requirements. We will be fully committed to the overall mission of the City’s solid waste and recycling strategic goals. We will act as liaisons between the business community and the City. We will also make the best use of WM’s contractual obligations related to SB 1383 compliance. We believe that our experience, and ourstrict ‘letter of the law’ approach to SB 1383 compliance, uniquely qualify us to perform this work for the City. Moreover, our recent project with the city of Corona has provided us with experience using the Recyclist Program Tracker.

Throughout the course of this project, we will prepare for an conduct monthly project status meetings.

Deliverable
• Monthly status reports
Task 2– Conduct Annual Assessments
To complete this task, we will conduct compliance reviews of the 431 commercial businesses in the City. For project budget purposes, we propose to conduct approximately 70 onsite compliance reviews each year, and approximately 361 ‘desk audit’ compliance reviews. This will result in approximately one half of the City’s businesses receiving an onsite compliance review during the three-year period. We believe this will be adequate to meet the City’s goals. Our compliance assessments will consist of the following:
• Obtain from the Recyclist database a list of covered businesses not recycling. • Assess each business and:
o Educate business staff on State mandated, required collection services. o Issue waivers and review exemption status (e.g., verify current services and waiver status, issue waivers, revoke waivers, etc.)
o Assess the business’ current waste stream and disposal practices. o Evaluate the monthly, quarterly, and annual compliance reporting by WM. o Right-size the current level of waste and recycling bins. 325
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o Notify the customer of the level of required recyclables and organics collection services.
o Prepare inspection reports while documenting findings with photographs and written statements.
o Prepare correspondence to inform responsible parties of violations and required action.
o Issue non-compliance orders and citations.
o Update the status of each compliance visit into the City’s Recyclist program tracker. • For businesses that request any waivers or exemptions, we will take the action shown in Table 1 below. We will also enter the supporting documentation into the Recyclist database. • For businesses that do not qualify for an exemption or waiver, and that decline to subscribe for the proper level of recycling service, we will provide factual support to the City with a recommendation to issue a notice of violation. We will enter this factual information into the Recyclist database.

Table 1 – Waivers and Exemptions
Type of Waiver or Exemption Action Taken:

Exemption for recyclables sold or donated to
third party recycler per Section 8.28.090 of the
CMC.

Notify the business of the recordkeeping
requirements; request from the business name
and contact information of third-party recycler;
amount and frequency of collection.

Physical space waiver – per Section 8.28.110 (B)
of the CMC
Take photo; evaluate if there is truly a lack of
space; consider if split-bin would be feasible.
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Task 3– Commercial Business Compliance Tracking for SB 1383 Edible Food Recovery Programs In accordance with the requirements of SB 1383, and the City’s municipal code section 8.28.120, we will assist the City in meeting this year’s deadline to educate and inspect commercial edible food generators in the City. This will enable the City to comply with Section 18995.1 (Jurisdiction Inspection Requirements).

Task 5– Implementation Record
SB 1383 requires the City to maintain a centrally located Implementation Record, which must be provided to CalRecycle within ten (10) days notice. To meet this requirement, we will continually monitor and maintain the City’s SB 1383 Implementation Record in Recyclist such that it will always be ready in the event the City is selected for a compliance review by CalRecycle. 327
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Each month, we will review all current materials in the Recyclist Implementation Record, and identify any records that need to be added or updated. We will work with City staff and WM to request and review information needed to update the Implementation Record. Each month, we will prepare a report for the City that lists all the items that need to be added or updated in the Implementation Record.

Project Schedule – Fiscal 2025
For fiscal 2025, we propose to conduct the commercial assessments according to the schedule below in Table 2.

Table 2 – Project Schedule – FY 2025
1 2 3 4 5 6 7 8 9 10 11 12
1 Project Management MR MR MR MR MR MR MR MR MR MR MR MR 2 Conduct Compliance Assessments CA CA CA CA CA CA CA CA CA CA CA CA 3 Conduct Edible Food Recovery Tracking FR FR FR FR
4 Edible Food Recovery Organization Tracking RT RT RT RT 5 Implementation Record IR IR IR IR IR IR IR IR IR IR IR IR MR Monthly reports to the City
CA Compliance Assessments
FR Edible food recovery tracking
RT Food recovery organization tracking
IR Updating the implementation record
Task Description
Months
Legend 328
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B. Company Information
MSW Consultants
MSW Consultants provides solid waste consulting services exclusively to local governments in the areas of finance, economics, and public policy. Our mission is to work with municipal managers to maximize the value of the solid waste services that are delivered to their ratepayers. MSW Consultants was founded in 2000 by David L. Davis, CMA. In his over 30 years in the solid waste industry, Mr. Davis has provided a broad range of solid waste consulting services to over 100 cities, counties, and special districts in the areas of auditing, contract negotiation, rate setting, competitive service procurement, contract compliance, waste diversion, and regulatory compliance. MSW Consultants does not have any litigation, mediation, or arbitration, regarding the performance of any services similar to the services in which we have been involved in the past five (5) years.

MSW Consultants performs the following services for local governments:
• AB 341 and AB 1826 compliance
• SB 1383 compliance planning
• Design and implementation of waste diversion programs • Performance audits of franchised waste haulers
• Contract negotiation and procurement assistance
• Rates studies for collection, processing, transfer and disposal service • Solid waste program planning and design
• Reviews of contractor’s requests for rate increases
• Route audits and routing efficiency studies
More information can be found on our website at: www.msw-consultants.com MSW Consultants, Inc. is a California corporation located in the City of Murrieta. Our contact information is:

MSW Consultants Office: (951) 694-4001
41760 Ivy St., Suite 203 Fax: (951) 694-9001
Murrieta, California 92591 Mobile: (951) 704-9776
www.msw-consultants.com Email: [email protected] 329
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Mariposa Eco Consulting, Inc.

Mariposa Eco Consulting integrates all aspects of an environmental management firm including air, water, solid waste, sustainable program management, energy, greenhouse gas reduction and measurement, hazardous waste and universal waste management, and resource conservation. We assist our clients with seeing the benefits of a sustainable earth, complying with and improving upon environmental laws, while generating profits and growth. Mariposa Eco Consulting does not have any litigation, mediation, or arbitration, regarding the performance of any services similar to the services in which we have been involved in the past five (5) years.

Mariposa Eco Consultants, Inc. is a California corporation located in the City of Banning. Our contact information is:

Mariposa Eco Consulting Office: (909) 560-0542
1618 Fairway Oaks Ave. Fax: (909) 912-8407
Banning, California 92220 Mobile: (909) 560-0542
www.mariposaecoconsulting.com Email: [email protected] 330
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C. Company Personnel
The staff for this project will be comprised of the following individuals: David L. Davis, CMA, Girard Mobley, and Lucas Arias. Our subconsultant will be Cynthia Vant Hul with Mariposa Eco Consultants.

Mariposa Eco Consulting will assist in conducting the commercial assessments. We have worked together with Mariposa Eco Consulting on several projects over the past 5 years.

MSW Consultants
David Davis, CMA – President (951) 704-9776 - Mr. Davis will serve as the Project Director for this project. He will have overall responsibility for the project. He has 30 years of experience in the solid waste industry. He is a Certified Management Accountant (CMA) and an expert in solid waste macroand micro-economics. Mr. Davis will directthe planning of the project, attend all meetings, and review all work products.

Girard Mobley – Project Manager (951) 973-0026 - Mr. Mobley will serve as Project Manager. He is a skilled financial analyst and project analyst. He has experience in conducting audits on waste haulers, analyzing tonnage data, and most recently, implementing an edible food recovery program in the City of Rancho Palos Verdes. He will perform the data analysis tasks, organize, and tabulate the data, and assist in preparing reports. He will serve as project manager and the City’s main point of contact for the project. He will plan and manage the project, and coordinate and monitor the day-to-day data gathering activities of the project analyst.

Lucas Arias – Consultant (951) 973-0512 – Mr. Arias will serve as Project Analyst. He has over five years of experience in the solid waste industry providing recycling outreach and education to commercial waste generators and most recently, designing and implementing SB 1383 programs. He will assist in conducting commercial assessments and inspecting edible food generators.

Mariposa Eco Consulting, Inc
Cynthia Vant Hul – Compliance Manager(909) 560-0542. Cynthia Lozano Vant Hul (President/Project Manager) is qualified by reasons of education, training background and over 25 years’ experience in the solid waste and recycling industry. Cynthia has 14 years’ experience providing subcontracting contract services. Cynthia holds a Master of Public Administration degree, from California State University San Bernardino. Since 2003, Cynthia has been a Director with the Southern California Waste Management Forum (SCWMF). In 2022, Cynthia was appointed as the President of the SCWMF. In 2019, she was appointed as a Director to the Women in Solid Waste & Recycling (WISR), new LA Chapter and since 2000 a member in good standings with the California Resource Recovery Association (CRRA). She will assist in conducting the annual assessments, conducting the edible food recovery tracking, edible food recovery organizations tracking, and updating the Implementation Record.
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David Davis – Project Director - Mr. David Davis is a Certified Management Accountant (CMA) with over 30 years of experience in the field of solid waste management. Mr. Davis’ expertise lies in working with municipal managers to maximize the value of the solid waste services provided to their ratepayers. He has held executive management positions in both the private and public sectors and has extensive experience in providing business advisory services to local government in the field of solid waste management.

As a chief financial executive for local hauling and landfill divisions of a national solid waste management company, Mr. Davis was responsible for financial reporting, budgeting, cost analysis, billing and collections. He also managed the accounting and rate analysis sections of the City of Riverside’s Department of Public Utilities.

Mr. Davis has specific experience in: 1) analysis and design of customer rates for refuse collection, transfer, processing and disposal operations; 2) development and evaluation of competitive proposals for waste collection, recycling, and transfer service; 3) feasibility studies for waste processing, waste transfer, and landfill gas projects; 4) verification of the proper payment of solid waste fees; 5) management reviews of solid waste operations; 6) evaluation of alternative waste diversion programs; 7) solid waste program planning and funding; and, 8) evaluating internal management controls.

EXPERIE
30 Years

EDUCATION
BA, Finance, Cal State
Fullerton, 1983

LICENSES &

CERTIFICATIONS
Certified Management
Accountant (CMA)

PROFESSIONAL

AFFILIATIONS
Solid Waste
Association of North
America, Southern
California Waste
Management Forum
(Chair)
Zero Waste
Practitioner
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Girard Mobley – Project Manager - Mr. Mobley is a skilled financial analyst and project manager. He has extensive experience in conducting audits on waste haulers for
municipalities, and in providing recycling outreach and education to commercial waste generators. He graduated from San Diego State University with a BS in Business Administration with a focus on Finance and a minor in Economics. He is also a certified practitioner in the zero waste principles and practices.

Mr. Mobley has been with MSW Consultants since March 2019.

In that time, he has worked on solid waste consulting
engagements for the County of Santa Barbara, and the cities of Corona, Chula Vista, La Habra, La Palma, Lomita, Norco, Orange, Rolling Hills, Signal Hill, Vernon, Whittier and Rancho Palos Verdes.

Mr. Mobley has audited the accounting records of over 20 waste haulers. He also oversees the recycling survey program in the city of Vernon providing outreach and educational resources to over 400 commercial waste generators. He regularly educates commercial waste generators about the requirements of AB 341, AB 1826 and SB 1383.

CREDENTIALS

EXPERIENCE
25 Years

EDUCATION
BS, Finance, San Diego
State University, 2014

LICENSES &

CERTIFICATIONS
Zero Waste Practitioner

PROFESSIONAL

AFFILIATIONS
California Resource
Recovery Association
(Member)
Southern California
Waste Management
Forum
(Member)
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Lucas Arias – Compliance Analyst - Lucas is a highly effective project analyst. He has substantial experience in the waste industry and has served multiple cities across Los Angeles, Orange, Riverside, and Ventura counties. He graduated from California State University, Northridge with a BA in Jazz Studies. Before entering the waste industry, Mr. Arias performed as a trumpet player and drums with multiple artists across the country.

Mr. Arias has been with MSW Consultants since January 2022. In that time, he has worked on solid waste consulting engagements for the cities of Corona, Del Mar, La Habra, Lomita, Orange, San Clemente, and Stanton.

Mr. Arias has conducted over 1,500 waste assessments, trained dozens of recycling coordinators, worked on sustainability grants for multiple cities and has conducted several waste characterizations. In addition, he has developed outreach performance internal audit protocols, created diversion reports, and played a key role in SB 1383 roll out and strategic planning for the city of Los Angeles including edible food capacity planning and organics outreach. As an outreach coordinator, Mr. Arias designed creative solutions to unique and complex waste compliance issues.

CREDENTIALS

EXPERIENCE
5 Years

EDUCATION
BA, Jazz Studies,
California State
University, Northridge
2015

PROFESSIONAL

AFFILIATIONS
Southern California
Waste Management
Forum
(Member)
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Cynthia Vant Hul, President of Mariposa Eco Consulting
(Mariposa), Inc has 23 years’ experience in solid management field. Mrs. Vant Hul has provided a broad range of solid waste consulting services to over sixty cities within the Los Angeles, Orange, Fresno, Riverside, San Bernardino, and Imperial counties in the area of auditing, contract compliance, waste diversion, programs and regulatory compliance. Cynthia earned her experience as the recycling specialist in the Solid Waste Department for the City of Claremont. As a municipal hauler, she gained knowledge in the management and operations
from budgets, purchasing, staffing, start and roll-out of new solid waste programs, hazardous waste management, green building, compliance, and reporting. In 2005, Cynthia was chosen as the Recycling Compliance and Regulatory Manager for Waste Management, Los Angeles Market area. Her role included assisting cities and businessesin meeting their AB 939 diversion, program implementation and goals.

In 2011, Cynthia formed Mariposa Eco Consulting, Inc. with a passion to train future zero waste and compliance students.

Mariposa’s key client include Republic Services, Los Angeles and Orange County as their exclusive resource, recycling and regulatory consultant assisting their franchise cities with their regulatory and program needs.

In 2017, Cynthia received a Service Award from the California Resource and Recovery Association and in 2016 was recognized as a District 26th, Women of the Year, by Senator Carol Liu.

Mariposa Eco Consulting, Inc. is Women Business Enterprise (Women Owned), small and disadvantage certificated company.

CREDENTIALS

EXPERIENCE
25 Years

EDUCATION
MPA, CA State University,
San Bernardino

LICENSES &

CERTIFICATIONS
Certificate–
Sustainable Resource
Management, California
Resource Recovery
Association

PROFESSIONAL

AFFILIATIONS
● Board member, Southern
California Waste
Management Forum
(Since 2001)
● Board member, Women
is Solid Waste &
Recycling, Southern
California Chapter (2019)
Member, California
Resource Recovery
Association
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D. Disclosure
MSW Consultants does have any past or current business and personal relationships with any current Banning elected official, appointed official, City employee, or family member of any current Banning elected official, appointed official, or City employee.

Mariposa Eco Consulting, Inc. has been providing comprehensive solid waste consulting services and training to the internal public works staff at the city of Banning since 2018. 336
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E. Experience and References
MSW Consulting
City of Corona – On-Call Solid Waste and Recycling Consulting Services (2019 to present). We are currently assisting the City renegotiate its solid waste franchise agreement with Waste Management.

Our work has included participating in meetings with Waste Management, conducting a study session with the City Council. We also conducted educational and compliance outreach to commercial customers by assessing their waste stream and providing educational materials for organics recycling requirements. We assisted the City in implementing an edible food recovery program and preparing a new solid waste franchise agreement to include SB 1383 program. Contact:

Ms. Jacqueline Zukeran
Utilities Business Manager
City of Corona
755 Public Safety Way, Corona, CA 92878
(951) 739-4983
[email protected]
City of Rancho Palos Verdes – SB 1383 Implementation Services. (2022 to present). We have been assisting the City in complying with SB 1383. Our work included developing a SB 1383 implementation plan, conducting automatic enrollment outreach program, implementing a compliance reporting program, and implementing an edible food recovery program. Our work also included evaluating the City’s CalGreen C&D program, preparing the Electronic Annual Report to CalRecycle, and assisting with the administration of the beverage container recycling program. Contact:
[email protected]
Ms. Vanessa Hevener
Project Manager
City of Ranch Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
(310) 544-5245
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Western Riverside Council of Governments (2022 to present). We are currently providing on-call solid waste consulting services to WRCOG. The scope of work includes conducting a solid waste rate survey, conducting edible food capacity surveys, and assisting with SB 1383 compliance. Contact:

Mr. Casey Dailey
Director of Environmental and Energy
Western Riverside Council of Governments
3390 University Avenue, Suite 200
Riverside, CA 92501
(951) 235-5125
[email protected]
Mariposa Eco Consulting
City of Banning, Zero Waste Consultant (2019 to present) Mariposa Eco Consulting provides comprehensive consulting services and training for internal City Public Works staff. Tasks include the review of the hauler’s commercial customer list and external auditing and waste assessments.

Mariposa conducted over 600 site visits to verify current equipment, billing and providing recommendation of recycling and organics program. Internally, Mariposa assists in the completion of the CalRecycle Electronic Annual report and review of the city’s disposal reporting. Recently, Mariposa provided training to the newly hired recycling coordinator which includes visiting commercial and multi-family customers. Contact:

Ms. Holly Stuart
Program Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
(951) 922-3138
[email protected]
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Republic Services, Los Angeles, and Orange County Market Areas (2009 to present) Mariposa Eco Consulting provides recycling and regulatory consultant assisting Republic Services business units, franchise and open market cities with their regulatory and program needs. Republic Services promotes Mariposa as an “Added Value” consulting services which includes compliance auditing of 10,000’s commercial and residential customer base, site visits, auditing of equipment, providing rightsizing and new program implementation while actively fostering the value of programs to the public.

Designing and implementation of updated regulatory compliance pilot programs. Regulatory compliance includes the completion of CalRecycle annual reports for fifteen franchise cities, writing of enforcement and compliance ordinances and policies, preparing quarterly mandatory hauler and county reporting. Providing experienced consulting services as needed.

Ms. Susanne Passantino
Senior Area Municipal Marketing Manager
9200 Glenoaks Bl.

Sun Valley, CA 91352
(818) 683-1607
[email protected]
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SOLID WASTE CONSULTANTS

TO LOCAL GOVERNMENT
41760 IVY ST., SUITE 203, MURRIETA, CALIFORNIA 92562
(951) 694-4001 (951) 704-9776 (CELL)
WWW.MSW-CONSULTANTS.COM
March 19, 2024
Ms. Holly Stuart
Program Manager
99 E. Ramsey Street
Banning, CA 92220
Price Proposal to Conduct Annual Assessment of Commercial Collection Services Dear Ms. Stuart:

We propose to perform the tasks in the Scope of Work in our proposal for the not-to-exceed amount of $92,200. Our not-to-exceed amounts are based on the hours and billing rates for each of our staff members shown below in Table 1. Our hourly billing rates include our salary costs, reimbursable costs, and indirect costs.

Table 1 – Proposed Not-to-Exceed Fees
We appreciate the opportunity to submit this proposal. If you have any questions, please feel free to e-mail me at [email protected] or call me at (951) 704-9776.

Sincerely yours,
David Davis, CMA
MSW Consultants, Inc.

Task Description
Project
Director
Project
Manager
Compliance
Manager
Compliance
Analyst
Total
Hours
Proposed
Fees
1 Project Management 4 24 12 8 48 $8,700
2 Conduct Compliance Assessments 6 48 160 160 374 $60,280 3 Conduct Edible Food Recovery Tracking 2 4 12 12 30 $4,940 4 Edible Food Recovery Organization Tracking 2 4 8 8 22 $3,700 5 Implementation Record 6 12 32 32 82 $13,580
Total Hours 20 92 224 220 556
Hourly Rate $220 $195 $165 $145
Expenses $1,000
Total Fees $92,200
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CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Kevin Sin, Senior Civil Engineer
Art Vela, Director of Public Works
MEETING DATE: May 28, 2024
SUBJECT: Consideration of Resolution 2024-77, Approving Final Tract Maps 37388- 4, 37388-5, 37388-6; Authorizing Staff to Sign the Final Tract Maps and Subdivision Improvement Agreements; Releasing the Maps for Recordation; and, Accepting the Performance and Labor and Material Bonds for Public Improvements
RECOMMENDATION:

Adopt Resolution 2024-77.

BACKGROUND:

Tentative Tract Map (TTM) No. 37388 was approved by City Council on January 10, 2023 as Resolution 2023-04. The proposed map implements the Atwell Specific Plan (also known as the Butterfield Specific Plan; “Specific Plan”) originally approved by the City Council in March of 2012, with minor modifications approved in 2017 and provides for the development as allowed by the Specific Plan.

The applicant has processed Final Maps for portions of the approved Tentative Tract Map, as permitted by the Subdivision Map Act. The first three final maps (FM 37388-1, FM 37388-2, & FM 37388-3) of the eight maps have been approved by City Council on February 27, 2024. There are now three more final maps that are ready for approval.

Final Tract Map 37388-4 subdivides Planning Area 14 consistent with the approved Tentative Tract Map and Conditions of Approval.

Final Map 37388-5 subdivides Planning Area 48B consistent with the approved Tentative Tract Map and Conditions of Approval.

Final Map 37388-6 subdivides Planning Area 16B consistent with the approved Tentative Tract Map and Conditions of Approval. The map also includes a park site identified as Planning Area 21B.

The remaining planning areas and Final Maps (PA37B/PA21A/FM37388-7, PA16A/FM37388-8 and FM37388) will be brought to Council for recordation at a later date. These planning areas are contingent upon the issuance of a permit from the California Department of Fish and Wildlife, Army Corps of Engineers, and the Regional Water Quality Control Board. Those efforts are ongoing with Tri-Pointe and the regulatory agencies.

JUSTIFICATION:

Final Maps 37388-4, 37388-5, and 37388-6, were checked by the City’s consulting surveyor and were found to be technically correct and conform to the requirements of the Subdivision Map Act. All Conditions of Approval required to be met prior to the recording have been met. 341
The City Engineer has verified that the final maps are in substantial conformance with the approved TTM 37388.

FISCAL IMPACT:

There is no direct fiscal impact based on the approval of final maps. However, the recordation of the maps allows for the development of the project which will increase the assessed value of the properties resulting in an increase in property tax revenue. Additionally, the project will generate development impact fee revenues. The City’s cost for processing the project will be offset by processing fees.

ALTERNATIVES:

Do not approve FM 37388-4, FM 37388-5, and FM 37388-6, and provide staff with additional direction.

ATTACHMENTS:

1. Resolution 2024-77, Final Tract Maps.docx

2. Exhibit A - FM 37388-4.pdf

3. Exhibit B - FM 37388-5.pdf

4. Exhibit C - FM 37388-6.pdf

5. Attachment 5a - PA14-1 (FM 37388-4) SIA and Bonds.pdf

6. Attachment 5b - PA 16A-1 (FM 37388-5) SIA and Bonds.pdf

7. Attachment 5c - PA16B-1 (FM 37388-6) SIA and Bonds.pdf

8. Attachment 5d - Phase 2B-2 Storm Drain SIA and Bonds.pdf

9. Attachment 5e - Apex Street (FM 37388-4) SIA and Bonds.pdf

10. Attachment 6 - CC Approved TTM 37388 Resolution 2023-04.pdf 342
Resolution 2024-77

Page 1 of 6 ends

RESOLUTION 2024-77

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING FINAL TRACT MAP NOS. 37388-4, 37388-5, AND 37388-6; AUTHORIZING

STAFF TO SIGN THE FINAL TRACT MAPS AND SUBDIVISION IMPROVEMENT AGREEMENTS; RELEASING THE MAPS FOR RECORDATION; AND, ACCEPTING THE

PERFORMANCE AND LABOR AND MATERIAL BONDS FOR PUBLIC IMPROVEMENTS WHEREAS, Tentative Tract Map (TTM) No. 37388 was approved by City Council on January 10, 2023. The proposed map implements the Atwell Specific Plan (also known as the Butterfield Specific Plan; “Specific Plan”) originally approved by the City Council in March of 2012, with minor modifications approved in 2017 and provides for the development as allowed by the Specific Plan; and
WHEREAS, Final Tract Map (TM) No. 37388-4, 37388-5, and 37388-6 will subdivide approximately 35.85 acres of vacant land into 184 numbered lots and 25 lettered lots for street and public utility and public park purposes; and is located north of Meadowline Way and west of and along Highland Home Road within the Specific Plan area; and WHEREAS, the property owner has signed a Subdivision Agreement and has submitted bonds to assure that the required improvements including street, sewer, water, sand storm drain improvements are constructed; and
WHEREAS, the TM 37388-4, 37388-5, and 37388-6 have been deemed technically correct and that they conform to the requirements of the Subdivision Map Act and the City Engineer has verified that TM 37388-4, TM 37388-5, and TM 37388-6 are in substantial conformance with the approved TTM 37388.

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

SECTION 1. The City Council approves TM 37388-4, TM 37388-5, and TM 37388-6, copies of which is hereby attached as Exhibit “A”, Exhibit “B”, and Exhibit “C” and made part of this Resolution.

SECTION 2. The City Council approves the execution of the Subdivision Improvement Agreement to be signed by the Mayor and directs the Administrative City Clerk to transmit TM 37388-4, TM 37388-5, and TM 37388-6 to the County Recorder of the County of Riverside for recordation.

SECTION 3. The City Council accepts the performance and labor and material bonds and authorize staff to sign the final maps.

PASSED, APPROVED AND ADOPTED this 28th day of May 2024.

Alberto Sanchez, Mayor
City of Banning
343
Resolution 2024-77

Page 2 of 6 ends

ATTEST:

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

Serita R. Young, City Attorney
Richards, Watson & Gershon
344
Resolution 2024-77

Page 3 of 6 ends

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-77, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 28th day of May 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
345
Resolution 2024-77

Page 4 of 6 ends

Exhibit A
Final Tract Map 37388-4
346
Resolution 2024-77

Page 5 of 6 ends

Exhibit B
Final Tract Map 37388-5
347
Resolution 2024-77

Page 6 of 6 ends

Exhibit C
Final Tract Map 37388-6
348

TAX COLLECTOR'S CERTIFICATE
ESTIMATED TO BE $ ___________________ .

MATTHEW JENNINGS, COUNTY TAX COLLECTOR

TAX BOND CERTIFICATE
DATED: __________________________ , 20___ .

CASH OR SURETY TAX BOND

MATTHEW JENNINGS
DATED: __________________________ , 20_____ .

BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS.

I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE, THERE

ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNTY,

MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR

SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN, BUT NOT YET PAYABLE, WHICH ARE I HEREBY CERTIFY THAT A BOND IN THE SUM OF $ ___________ HAS BEEN EXECUTED AND FILED

WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA, CONDITIONED

UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL OR LOCAL, AND ALL SPECIAL

ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE TIME OF FILING OF THIS MAP WITH THE

COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE AND SAID BY: _________________________________ , DEPUTY

FIRST AMERICAN TITLE INSURANCE COMPANY
BY: ____________________________ , DEPUTY
SUBDIVISION GUARANTEE BY:

FILED THIS DAY OF , 20
AT M. IN BOOK OF MAPS,

AT PAGES AT THE REQUEST

OF THE CLERK OF THE CITY OF BANNING

PETER ALDANA, COUNTY ASSESSOR -
BY: DEPUTY
FEE
NO.

RECORDER'S STATEMENT
THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP.

SURVEYOR'S STATEMENT
DATE: ________________ , 20___ .

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY

IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF TRI POINTE HOMES IN JUNE, 2023. I HEREBY STATE THAT ALL MONUMENTS

ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY WILL BE SET IN

ACCORDANCE WITH THE TERMS OF THE MONUMENT AGREEMENT FOR THE MAP AND THAT THE

MONUMENTS ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THAT DARYL J. CHRISTIAN L.S. 8554

CLERK - RECORDER
SIGNATURE OMISSIONS: SEE SHEET 2
ON 20 , BEFORE ME, , A NOTARY PUBLIC,
WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE, TO BE THE PERSON(S) WHOSE

SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/

HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF

COUNTY OF

WITNESS MY HAND

STATE OF
PERSONALLY APPEARED _____________________________________________________________________

NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/

SIGNATURE
FOREGOING PARAGRAPH IS TRUE AND CORRECT.

I CERTIFY UNDER UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE

PRINT NAME

PENALTY OF PERJURY

NOTARY ACKNOWLEDGMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE

VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE

DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
)
)
) SS
NUMBERED LOTS:

THIS SUBDIVISON CONTAINS
97 THIS SURVEY IS TRUE AND COMPLETE AS SHOWN.

CITY TREASURER'S STATEMENT

I HEREBY STATE THAT ACCORDING TO THE RECORDS OF THIS OFFICE AS OF THIS DATE, THE PROPERTY HAVE NOT BEEN PAID IN FULL. THIS CERTIFICATION DOES NOT INCLUDE ANY SPECIAL ASSESSMENTS THE BONDS OF WHICH HAVE NOT BECOME A LIEN AGAINST SAID PROPERTY.

SHOWN ON THIS MAP IS NOT SUBJECT TO ANY SPECIAL ASSESSMENTS, BONDS AND/OR LIENS WHICH

CITY TREASURER
DATED:

BY:
1 COUNTY TAX COLLECTOR
EASEMENT NOTES: SEE SHEET 2
LETTERED LOTS: 10
ABANDONMENT NOTES:

PURSUANT TO SECTIONS 66499.20.1/2 AND 66434(g) OF THE SUBDIVISION MAP ACT THE FILING OF THIS MAP SHALL

CONSTITUTE THE ABANDONMENT OF ALL EASEMENTS RIGHTS FOR ACCESS AND INCIDENTAL PURPOSES WITHIN THE BOUNDARY OF THIS MAP WHICH WERE CREATED BY THE RECORDATION OF TRACT NO. 35966, FILED IN BOOK 473, PAGES 94 THROUGH 107, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, NOT SHOWN ON THIS MAP.

CITY ENGINEER'S STATEMENT

CITY ENGINEER, CITY OF BANNING
DATE: ____________________ , 20____ .

I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP, THAT THE SUBDIVISION SHOWN THEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP OF TRACT NO. 37388 WHICH WAS APPROVED BY THE CITY OF BANNING CITY COUNCIL ON JANUARY 10, 2023, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT (DIVISION 2 OF TITLE 7 OF THE CALIFORNIA GOVERNMENT CODE) AND CHAPTER 22 OF THE BANNING MUNICIPAL CODE APPLICABLE AT THE TIME OF NATHAN C. SMITH, RCE 74754
THE APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH.

COMMUNITY DEVELOPMENT DIRECTOR'S STATEMENT
THE TENTATIVE MAP WAS APPROVED BY THE CITY COUNCIL ON JANUARY 10, 2023.

ADAM B. RUSH

COMMUNITY DEVELOPMENT DIRECTOR
DATED:

CITY SURVEYOR'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND THAT SAID MAP IS TECHNICALLY CORRECT.

ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA
DATE: _______________________ , 20____ .

BY: ERIK T. HOWARD, PLS 7648
GROSS AREA: 16.89 ACRES
DARYL J. CHRISTIA
N

WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN

HEREON, THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO

SAID LAND, THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.

TRI POINTE HOMES IE-SD, INC., A CALIFORNIA CORPORATION,

OWNER'S STATEMENT
NAME: MICHAEL C. TAYLOR
TITLE: DIVISION PRESIDENT

CITY CLERK
DATED:

BY:

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES:

WE ALSO HEREBY RESERVE FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS TRACT MAP:

1. LOTS 'G' AND 'J', FOR OPEN SPACE, LANDSCAPING AND MAINTENANCE PURPOSES.

2. LOTS 'H' AND 'I' FOR OPEN SPACE, LANDSCAPING, SIDEWALK/TRAIL AND MAINTENANCE PURPOSES.

CITY ACCEPTANCE CERTIFICATE
I, ____________________________ CITY CLERK AND EX-OFFICIO CLERK OF THE CITY COUNCIL OF THE CITY OF MEETING HELD ON THE ______ DAY OF _________________________ , 20 ____ , DULY APPROVED THE WITHIN SUBDIVISION, AND ACCEPTED ON BEHALF OF THE PUBLIC AS OFFERED FOR DEDICATION:

BANNING, STATE OF CALIFORNIA, DO HEREBY CERTIFY THAT THE SAID CITY COUNCIL AT ITS REGULAR SHEET OF 10 SHEETS
I:\89410\MAPPING\TR 37388-4 4-04-2024

IN THE CITY OF BANNING, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 37388-4
DARYL J. CHRISTIAN, L.S. 8554 MDS CONSULTING JANUARY, 2024 BEING A SUBDIVISION LOT 6, AND PORTIONS OF LOTS 4, 5, 7, 19 AND LETTERED LOT H, ALL OF TRACT NO. 35966, AS SHOWN BY MAP ON FILE IN BOOK 473, PAGES 94 THROUGH 107, INCLUSIVE, OF MAPS LYING WITHIN SECTION 1, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN.

IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,

LOTS 'A' THROUGH 'F', INCLUSIVE, FOR STREET AND PUBLIC UTILITY PURPOSES, SUBJECT TO IMPROVEMENT.

1. 2. THE NON-EXCLUSIVE USE EASEMENTS LYING ADJACENT TO LOTS 'A' THROUGH 'F', INCLUSIVE, AS SHOWN HEREON. THE DEDICATION IS FOR PUBLIC UTILITY PURPOSES.

3. THE 3' WIDE NON-EXCLUSIVE USE EASEMENTS LYING ADJACENT TO THE SIDE LINES OF LOTS 1 THROUGH 97, INCLUSIVE, AS SHOWN HEREON. THE DEDICATION IS FOR PUBLIC UTILITY PURPOSES.

4. 5.

THE NON-EXCLUSIVE USE EASEMENT OVER LOTS 'H' AND 'I' FOR SIDEWALK AND/OR TRAIL PURPOSES.

6. THE NON-EXCLUSIVE USE EASEMENTS LYING WITHIN LOTS 54, 55, 66 AND 'H', AS SHOWN HEREON, FOR PUBLIC UTILITY PURPOSES.

7. 8.

THE NON-EXCLUSIVE USE EASEMENT OVER LOT 'I' FOR PUBLIC UTILITY PURPOSES.

THE NON-EXCLUSIVE USE EASEMENTS LYING WITHIN LOTS 54, 55 AND 66, AS SHOWN HEREON, FOR PUBLIC STORM DRAIN, SIDEWALK/TRAIL PURPOSES.

WE HEREBY DEDICATE TO THE CITY OF BANNING, LOTS 'A' THROUGH 'F', INCLUSIVE, FOR STREET AND PUBLIC UTILITY PURPOSES.

1. 2. WE HEREBY DEDICATE TO THE CITY OF BANNING THE NON-EXCLUSIVE USE EASEMENTS LYING ADJACENT TO LOTS 'A' THROUGH 'F', INCLUSIVE, AS SHOWN HEREON. THE DEDICATION IS FOR PUBLIC UTILITY PURPOSES.

3. WE HEREBY DEDICATE TO THE CITY OF BANNING THE 3' WIDE NON-EXCLUSIVE USE EASEMENTS LYING ADJACENT TO THE SIDE LINES OF LOTS 1 THROUGH 97, INCLUSIVE, AS SHOWN HEREON.

THE DEDICATION IS FOR PUBLIC UTILITY PURPOSES.

4. 5.

WE HEREBY DEDICATE TO THE CITY OF BANNING A NON-EXCLUSIVE USE EASEMENT OVER LOT 'H' AND 'I' FOR SIDEWALK AND/OR TRAIL PURPOSES.

6. WE HEREBY DEDICATE TO THE CITY OF BANNING A NON-EXCLUSIVE USE EASEMENT LYING WITHIN LOTS 54, 55, 66 AND 'H', AS SHOWN HEREON, FOR PUBLIC UTILITY PURPOSES.

7. 8.

WE HEREBY DEDICATE TO THE CITY OF BANNING A NON-EXCLUSIVE USE EASEMENT OVER LOT 'I' FOR PUBLIC UTILITY PURPOSES.

WE HEREBY DEDICATE TO THE CITY OF BANNING A NON-EXCLUSIVE USE EASEMENT LYING WITHIN LOTS 54, 55 AND 66, AS SHOWN HEREON, FOR PUBLIC STORM DRAIN, SIDEWALK/TRAIL PURPOSES, PURSUANT TO SECTIONS 66499.20.1/2 AND 66434(g) OF THE SUBDIVISION MAP ACT THE FILING OF THIS MAP SHALL

CONSTITUTE THE ABANDONMENT OF THAT PORTION OF THE EASEMENT FOR PUBLIC UTILITY PURPOSES RECORDED OCTOBER 13, 2022 AS DOCUMENT NO. 2022-0428552, OFFICIAL RECORDS OF RIVERSIDE COUNTY, LYING WITHIN THE BOUNDARY OR THIS MAP, AND NOT SHOWN ON THIS MAP.

FORMERLY KNOWN AS PARDEE

HOMES, A CALIFORNIA CORPORATION
TOTAL LOTS: 107

WE HEREBY DEDICATE TO THE CITY OF BANNING A NON-EXCLUSIVE USE EASEMENT OVER LOT 'I' FOR PUBLIC STORM DRAIN PURPOSES.

THE NON-EXCLUSIVE USE EASEMENT OVER LOT 'I' FOR PUBLIC STORM DRAIN PURPOSES.

AS SHOWN HEREON.
349
2 PURSUANT TO SECTION 66436(a)(3) OF THE SUBDIVISION MAP ACT, THE SIGNATURES OF

THE FOLLOWING OWNERS OF EASEMENTS AND/OR OTHER INTERESTS HAVE BEEN OMITTED, AS THEIR INTERESTS CANNOT RIPEN INTO FEE.

SIGNATURE OMISSIONS:

SOILS REPORT:

PURSUANT TO SECTION 66490 OF THE SUBDIVISION MAP ACT, A PRELIMINARY SOILS REPORT, PREPARED BY GEOCON WEST, INC., PROJECT NO. T2305-22-14, DATED DECEMBER 21, 2021, IS ON FILE WITH THE CITY OF BANNING, ENGINEERING DEPARTMENT.

UNITED STATES OF AMERICA, HOLDER OF A RIGHT OF WAY FOR DITCHES AND CANALS AS RESERVED IN THE PATENT RECORDED DECEMBER 1, 1919 IN BOOK 8, PAGE 40 OF PATENTS.

WILSON STREET HIGHLAND SPRINGS AVENUE HIGHLAND HOME ROAD SUNSET AVENUE INTERSTATE 10
BEDROCK OUTCROPPING PER M.B.
2171990.406
FD. 5/8" STAINLESS STEEL CENTER

PUNCH PIN, FLUSH, IN SANDSTONE

TRAK (BOMMER CANYON)
6088762.992
427/65-70 & M.B. 429/84-103.

OF BRASS DISK STAMPED STA.
2257398.558
FD. 1" STAINLESS STEEL ROD IN
LARGE BOULDER UP 1.0', 50' N.W.

MATH (LAKE MATHEWS)
6201355.292
57+82.57 PER M.B. 427/65-70
& M.B. 429/84-103.

GRID MEAS. & REC. PER M.B. 427/65-70 & M.B. 429/84-103) (N 52°49'02.84" E 141320.84'
(N 67°17'48.05" E 289248.38' GRID) PENNSYLVANIA AVENUE
8TH STREET
FD 1" I.P. W/SPIKE IN CENTER,
NO TAG, DN. 0.2', ACC. AS S.E.

R.S. 123/72-77 & M.B. 429/84-103.

COR. SEC. 1, T3S, R1W, SBM, PER
TRACT NO.
37298-1
(5337.44' GRID)
(N88°31'11"W 5338.03')

VICINITY MAP

NOT TO SCALE

BASIS OF BEARINGS AND COORDINATES NOTE
ALL DISTANCES ARE GROUND DISTANCES, UNLESS OTHERWISE NOTED.

THE BASIS OF BEARINGS AND COORDINATES FOR THIS SURVEY IS THE PER NATIONAL GEODETIC SURVEY, NAD 83, EPOCH 1995.5) BASED ON CONTROL STATIONS "TRAK" AND "MATH" AS SHOWN HEREON.

CALIFORNIA STATE PLANE COORDINATE SYSTEM, ZONE 6, (POSITIONS

GRID DISTANCES MAY BE OBTAINED BY MULTIPLYING GROUND DISTANCES BY AN AVERAGE COMBINATION FACTOR OF 0.99988764.

NN
FD 1" I.P. W/SPIKE IN CENTER,
NO TAG, DN. 0.2', ACC. AS S.E.

R.S. 123/72-77 & M.B. 429/84-103.

COR. SEC. 1, T3S, R1W, SBM, PER
-0.°22'23.90"

CONVERGENCE
ANGLE

SOUTHERN SIERRAS POWER COMPANY, HOLDER OF AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, RECORDED DECEMBER 1, 1919 IN BOOK 8, PAGE 40 OF PATENTS.

TRACT NO.
37388-4

CITY OF BANNING, HOLDER OF AN EASEMENT FOR PUBLIC ELECTRIC UTILITY AND INCIDENTAL PURPOSES, RECORDED OCTOBER 13, 2022 AS INSTRUMENT NO. 2022-0428552, OF OFFICIAL RECORDS. (N 78°27'06.21" E 157451.64' GRID)
TRACT NO.
37389-1
EASEMENT NOTES:

A EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES IN FAVOR OF SOUTHERN SIERRAS POWER COMPANY, RECORDED DECEMBER 1, 1919 IN BOOK 8, PAGE 40, OF PATENTS.

LOCATION CANNOT BE DETERMINED FROM RECORD INFORMATION.

B RIGHT OF WAY FOR DITCHES AND CANALS IN FAVOR THE UNITED STATES OF AMERICA, RECORDED DECEMBER 1, 1919 IN BOOK 8, PAGE 40, OF PATENTS.

LOCATION CANNOT BE DETERMINED FROM RECORD INFORMATION.

C EASEMENT FOR PUBLIC UTILITY AND INCIDENTAL PURPOSES, IN FAVOR OF THE CITY OF BANNING, RECORDED OCTOBER 13, 2022, AS INSTRUMENT NO. 2022-0428552, OF OFFICIAL RECORDS.

TRACT NO.
35967

CITY OF BANNING, HOLDER OF AN EASEMENT FOR PUBLIC STREET, UTILITIES AND INCIDENTAL PURPOSES, RECORDED DECEMBER 20, 2022 AS INSTRUMENT NO. 2022-0508418, OF OFFICIAL RECORDS. (5290.83' GRID) (N00°13'14"W 5291.42') SHEET OF 10 SHEETS
I:\89410\MAPPING\TR 37388-4 4-04-2024

IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,

INDICATES VARIABLE WIDTH NON-EXCLUSIVE EASEMENT OVER LOTS 'A' THROUGH 'F', INCLUSIVE, FOR STREET AND PUBLIC UTILITY PURPOSES, DEDICATED TO THE CITY OF BANNING, AS SHOWN HEREON. 1 2 INDICATES NON-EXCLUSIVE USE EASEMENTS, LYING ADJACENT TO LOTS 'A' THROUGH 'F', INCLUSIVE, DEDICATED TO THE CITY OF BANNING FOR PUBLIC UTILITY PURPOSES, AS SHOWN HEREON. 8 INDICATES NON-EXCLUSIVE USE EASEMENT OVER LOT 'I', DEDICATED TO THE CITY OF BANNING FOR PUBLIC UTILITY PURPOSES, AS SHOWN HEREON.
4 6
INDICATES NON-EXCLUSIVE USE EASEMENT LYING WITHIN LOTS 54, 55, 66 AND 'H', DEDICATED TO THE CITY OF BANNING FOR PUBLIC UTILITY PURPOSES, AS SHOWN HEREON. 3 INDICATES 3' WIDE NON-EXCLUSIVE USE EASEMENTS, LYING ADJACENT TO THE SIDE LINES OF LOTS 1 THORUGH 97, INCLUSIVE, DEDICATED TO THE CITY OF BANNING FOR PUBLIC UTILITY PURPOSES, AS SHOWN HEREON.
5 INDICATES NON-EXCLUSIVE USE EASEMENT OVER LOTS 'H' AND 'I', DEDICATED TO THE CITY OF BANNING FOR SIDEWALK AND/OR TRAIL PURPOSES, AS SHOWN HEREON. 7 INDICATES NON-EXCLUSIVE USE EASEMENT LYING WITHIN LOTS 54, 55 AND 66, DEDICATED TO THE CITY OF BANNING FOR PUBLIC STORM DRAIN, SIDEWALK/TRAIL PURPOSES, AS SHOWN HEREON.

NOTE: ALL PORTIONS OF THIS EASEMENT WHICH LIE WITHIN THE BOUNDARY OF THIS MAP SHALL BE ABANDONED PER THE ABANDONMENT NOTE ON SHEET 1.

M.B. 473/94-107 & M.B. 485/68-75.

FD 1" I.P., W/TAG, RCE 25742, DN. 1.8', ACC.

AS SECTION CORNER PER R.S. 123/72-77,
FD 1 1/2" BRASS CAP MARKED AS SHOWN,
DN. 0.4', ACC. AS SECTION CORNER PER R.S.

R.S. 123/72-77 & M.B. 429/84-103.

INDICATES NON-EXCLUSIVE USE EASEMENT OVER LOT 'I', DEDICATED TO THE CITY OF BANNING FOR PUBLIC STORM DRAIN PURPOSES, AS SHOWN HEREON.
350
SHEET OF 10 SHEETS
I:\89410\MAPPING\TR 37388-4 4-04-2024

IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,

MEADOWLINE
STREET
APEX

RAINTREE PLACE

SURVEYOR'S NOTES BASIS OF BEARINGS

EASEMENT NOTES

BOUNDARY SURVEY HIGHLAND HOME ROAD
3 WILSON STREET
WAY
SEE SHEET 4

DOCUMENT REFERENCE

ABBREVIATIONS
351

MEADOWLINE
STREET
APEX

RAINTREE PLACE
4 WAY
SHEET OF 10 SHEETS
I:\89410\MAPPING\TR 37388-4 4-02-2024

IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, SEE SHEET 3 352
SHEET OF 10 SHEETS
I:\89410\MAPPING\TR 37388-4 4-04-2024

IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, 5 INDEX MAP

LOT 'E'

LOT 'G'

LOT 'J' LOT 'I'

LOT 'H'
1 2
3 4 5 6
7 8
9 10 11
12 13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
97 96
95 94
93 92
90 91 88 89 87 86 85 84 83
82 81 80 79 78 77
76 75
74 73
72 71
70 69
68 67 66
64 65 63
62 61 60 59 58 57 56 55 54
53 52 51 50 49
48 47
46 45 44 43 42 41 40 39 38 37 36
35 34
33 DOUGLAS AVENUE

LOT 'B'

HACKBERRY PLACE SEQUOIA PLACE

LOT 'D'
EUREKA
AVENUE

LOT 'C'

LOT 'A'

APEX STREET
8 7
8 10
10 9
6 MEADOWLINE WAY

RAINTREE PLACE

LOT 'F'
6 7

APEX STREET

TAMARACK LANE
353
SHEET OF 10 SHEETS
I:\89410\MAPPING\TR 37388-4 4-04-2024

IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, 6 APEX STREET LOT 'A' LOT 'G'
1 2
3 62
61 60
35 34 33

TAMARACK LOT 'B'
LANE
EUREKA

LOT 'C'

LOT 'H' LOT 'J'

MEADOWLINE WAY APEX STREET
55 4 5 6 7
59 58
57 56
36 37 38 39
63 64 65 66
40 8
AVENUE
9 54
41 354
SHEET OF 10 SHEETS
I:\89410\MAPPING\TR 37388-4 4-04-2024

IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, 7 89
88 83 84 85 86 87
82 63

DOUGLAS AVENUE

LOT 'F' APEX STREET LOT 'A'
62 61 60 59 58

TAMARACK

LOT 'B'
LANE
90 91 92
57 56 55
64 65 66
81 80 79 78
93 355
SHEET OF 10 SHEETS
I:\89410\MAPPING\TR 37388-4 4-04-2024

IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, 8 PLACE

DOUGLAS

SEQUOIA PLACE

LOT 'E'

LOT 'D'

LOT 'F'
23 24
25 26
27 28
29 30
31 32
97 96
95 93 94 92
79 78
77 76
75 74 73
72 71
69 70
68 67 65 66
55 54 53 52
51 50 49

RAINTREE PLACE

BERRY HACK
AVENUE
356
SHEET OF 10 SHEETS
I:\89410\MAPPING\TR 37388-4 4-02-2024

IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, 9 EUREKA AVENUE

HACKBERRY PLACE

TAMARACK

LOT 'C'

LOT 'E'

LOT 'B'
8 9
10 11 12 13
14 55 54 53
52 51 50
49 46
45 44 43 42
40 41
65 66 67
68 69
70 71

LOT 'H'
LANE

TAMARACK

LOT 'E'

LOT 'B'
55 54
65 66 67

LANE HACKBERRY PLACE

EASEMENT DETAIL
357
SHEET OF 10 SHEETS
I:\89410\MAPPING\TR 37388-4 4-04-2024

IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, 10 HACKBERRY

LOT 'E'

LOT 'D'

LOT 'H'
12 13 14
15 16
17 18
19 20
21 22
23 24
25 72
71 50 49
48 47 46 45

EUREKA AVENUE

LOT 'C'

SEQUOIA PLACE
MEADO

WAY WLINE
PLACE

LOT 'I'
358