September 10, 2024
5:00 p.m.
In Chambers
Council Chambers
99 E. Ramsey Street
Banning, CA 92220
1. CALL TO ORDER
2. AGENDA APPROVAL
3. PRESENTATIONS
3.1 Proclamation - Constitution Week
3.2 Proclamation - Hispanic Heritage Month
4. REPORT ON CLOSED SESSION
5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS AGENDA
CITY COUNCIL - REGULAR MEETING OF THE BANNING CITY COUNCIL
CITY OF BANNING, CALIFORNIA
The following information comprises the agenda for the regular meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.
Per City Council Resolution 2016-44, matters taken up by the Council before 10 p.m. may be concluded, but no new matters shall be taken up except upon a unanimous vote of the council members present and voting. Such an extension shall only be valid for one hour and each hour thereafter shall require a renewed action for the meeting to continue.
1.1 INVOCATION
Performed by Pastor James Baylark of First Community Baptist Church
1.2 PLEDGE OF ALLEGIANCE
1.3 ROLL CALL
2.1 AGENDA APPROVAL
Recommendation: Staff respectfully recommends City Council proclaim September 17 through 23, 2024 as Constitution Week.
Recommendation: Staff respectfully recommends City Council proclaim September 15 - October 15, 2024 as Hispanic Heritage Month.
Serita Young, City Attorney
5.1 PUBLIC COMMENTS
5.2 CORRESPONDENCE
City Council - Regular Meeting Agenda
September 10, 2024
1 6. CONSENT ITEMS
6.1 Approval of the Meeting Minutes for the August 27, 2024 City Council Meetings
6.2 Receive and File Accounts Payable and Payroll Warrants Issued in the Month of July 2024
6.3 Receive and File Cash and Investments Report for the Month of July 2024
6.4 Accept an Easement from Tri Pointe Homes for Electric Utility Purposes on Tract Map No. 37389-1, within the Atwell Development for the Maintenance of the City-Owned Electric Distribution System
6.5 Accept as Complete Various Improvements Related to the Atwell Specific Plan Development and Authorize the 90% Reduction of the Improvement Bonds
6.6 Consideration of the Second Reading and Adoption of Ordinance 1606, Setting Salaries for City Council
6.7 Approving Amendment No. 1 to the Purchase Order with Pioneer Americas LLC in the Amount of $7,500 for a Total Purchase Order Amount of $32,500
6.8 Consideration of Resolution 2024-144, In Support of Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act
5.3 APPOINTMENTS
5.4 CITY COUNCIL COMMITTEE REPORTS
5.5 CITY MANAGER'S REPORT
5.6 CITY ATTORNEY'S REPORT
5.7 CITY TREASURER'S REPORT
The following items have been recommended for approval and will be acted upon simultaneously, unless a member of the City Council/Banning Utility Authority/Successor Agency Board wishes to remove an item for separate consideration.
Recommendation: Approve the minutes of the August 27, 2024 City Council Meetings.
Recommendation: Receive and file the warrants for period ending July 31, 2024, per California Government Code Section 37208.
Recommendation: That City Council receive and file Cash and Investment Report for July 2024 on this day, September 10, 2024, in accordance with California Government Code 53646.
Recommendation: Staff recommends that City Council accepts an easement from Tri Pointe Homes for electric utility purposes for Tract Map No. 37389-1, Lots ‘K’, ‘L’, ‘O’, ‘P’, and ‘Q’ within the Atwell Development for the maintenance of the City-owned electric distribution system.
Recommendation: City Council accept as complete various improvements related to the Atwell Specific Plan Development and authorize the 90% reductions in the improvements bonds.
Recommendation: Conduct second reading and adopt Ordinance 1606.
Recommendation: Approve Amendment No. 1 to the purchase order with Pioneer Americas of Chicago, Illinois.
Recommendation: Adopt Resolution 2024-144.
City Council - Regular Meeting Agenda
September 10, 2024
2 6.9 Consideration of Resolution 2024-145, Declaring Pursuant to Government Code Section 54221 That Real Property Owned by the City, Located at 646 West Ramsey Street, Banning, California (Consisting of APN 540-191-008) Is Designated As Surplus Land and Not Necessary for the City’s Use at This Time, Finding That Such Declaration Is Exempt From Environmental Review Under the California Environmental Quality Act, and Taking Related Actions
6.10Consideration of Resolution 2024-146, Approving a Sole Source Contract with Electric Power Systems International, Inc. for Construction Services Related to the San Gorgonio Substation 12kV Extension Project in the Amount of $58,039.80
6.11Consideration of Resolution 2024-147, Approving a Community Development Director Employment Agreement
6.12Consideration of Resolution 2024-148, Approving Amendment No. 1 to the Master Agreement (C00823) with Oracle America, Inc. for an Additional Amount of $45,610 for On Site Training and Additional Oracle Staff Resource Toward the ERP Implementation
7. PUBLIC HEARINGS
8. REPORTS OF OFFICERS
8.1 Presentation of Initial Results of the Citywide Forensic Investigation
8.2 Continued Consideration of Proposed Banning Point Project, a Proposed Subdivision of Approximately 47 Gross Acres of Vacant Land into Three Parcels (Tentative Parcel Map No. 38164) and Construction of a Proposed 619,959 Square Foot Industrial Warehouse Building, Including 10,000 Square Feet of Office Space and a Combined 34,000 Square Feet of Retail/Commercial Buildings (Design Review No. 21-7008), on Real Property Located Within the Boundaries of the Sun Lakes Village North Specific Plan Area (APN: 419-140-057), and Proposed Addendum Prepared for the Project Pursuant to the California Environmental Quality Act
9. DISCUSSION ITEMS
Recommendation: Adopt Resolution 2024-145
Recommendation: Adopt Resolution 2024-146.
Recommendation: Adopt Resolution 2024-147.
Recommendation: Adopt Resolution 2024-148.
Recommendation: Receive and file.
Recommendation: Staff recommends that the City Council:
1. Consider the Project Applicant’s request to conduct a new public hearing on the proposed Project and direct staff to notice the Project for a new public hearing; OR
2. Consider the Project Applicant’s request to conduct a new public hearing on the Project and determine not to hold a new hearing but to continue with its consideration of, and deliberation on, the Project, and:
a. Adopt Resolution 2024-150, approving Tentative Parcel Map No. 38164 (the subdivision of land only), denying Design Review No. 21-7008, and adopting an Addendum under the California Environmental Quality Act (CEQA) prepared for the Project; OR
b. Adopt Resolution 2024-149, approving Tentative Parcel Map No. 38164 and Design Review No. 21-7008 (collectively, the “Project”), and adopting an Addendum under the California Environmental Quality Act (CEQA) prepared for the Project; OR
c. Adopt Resolution 2024-151, denying Tentative Parcel Map No. 38164 and Design Review No. 21-7008, and finding the Project exempt from CEQA.
City Council - Regular Meeting Agenda
September 10, 2024
3 9.1 Overview and Presentation of Industrial Development Projects in the City of Banning
10. ITEMS FOR FUTURE AGENDAS
11. ADJOURNMENT
Recommendation: Receive, file, and discussion only
10.1 NEW ITEMS
10.2 EXISTING ITEMS
1. Grow Banning (Sanchez)
2. Neighborhood Groups/Identities (Minjares)
3. Update on Community Garden (Flynn)
4. Zencity Contract (Flynn)
5. Zoom Options for Public Meetings (Flynn)
6. Developer Presentation for Sunset Crossroads Project (Flynn)
7. City Manager Evaluation (Flynn)
8. All Active Lawsuits against the City (Flynn)
9. Map of All Warehouses (Current/Planned) Within the City (Flynn)
10. Increased Compensation for City Treasurer and City Clerk (Flynn) Next Regular Meeting – September 24, 2024
AFFIDAVIT • DECLARACIÓN JURADA
IT IS HEREBY CERTIFIED under the laws of the State of California that the above agenda was posted on the City's website (www.banningca.gov) as well as the Bulletin Board at Banning City Hall, located at 99 E Ramsey Street, Banning, CA 92220, at least 72 hours in advance of the meeting.
__________________________
Caroline Patton, Administrative City Clerk
Secretario adjunto de la ciudad
City Council - Regular Meeting Agenda
September 10, 2024
4 PUBLIC NOTICE • NOTICIA PÚBLICA
Meeting Agendas and Notices
Interested in receiving email and/or text notifications of upcoming City Council meetings? Sign up for meeting notifications through the City's website. Pursuant to amended Government Code §54957.5(b), staff reports and other public records related to open session agenda items are available on the City's website (www.banningca.gov/).
Public Comment
Agenda Items
Any member of the public may address this meeting of the City Council on any item appearing on the agenda. A five-minute limitation shall apply to each member of the public and no member of the public shall be permitted to share their time with any other person.
Non-Agenda Items
Any member of the public may address this meeting of the City Council on any item which does not appear on the regular meeting agenda but is of interest to the general public and is an item upon which the City Council may act. A three-minute limitation shall apply to each member of the public and no member shall be permitted to share their time with any other person. No action shall be taken, nor discussion held by the City Council, on any item which does not appear on the agenda, unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of §54954.2 of the Government Code.
Special Assistance/Accessibility Requests
In compliance with the Americans with Disabilities Act, any member of the public may request that the agenda and agenda packet be mailed to them. If you need special assistance to participate in this meeting (such as translation services), please contact the City Clerk's Office. Advanced notification of at least 48 hours prior to the meeting will allow the city to make arrangements to ensure your accessibility.
¿Necesita servicios de traducción para participar? Contacto Oficina del Secretario de la Ciudad.
CONTACT • CONTACTO
City Clerk's Office | 951-922-3102 | [email protected] 99 East Ramsey Street, Banning, California 92220
City Council - Regular Meeting Agenda
September 10, 2024
5 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: September 10, 2024
SUBJECT: Proclamation - Constitution Week
RECOMMENDATION:
Staff respectfully recommends City Council proclaim September 17 through 23, 2024 as Constitution Week.
BACKGROUND:
This proclamation was requested by the Highland Springs Chapter of the Daughters of the American Revolution (DAR).
JUSTIFICATION:
N/A
FISCAL IMPACT:
None
ALTERNATIVES:
N/A
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. Proclamation - Constitution Week.pdf
2. Constitution Week - Informational Flyer.pdf
6 CITY OF BANNING
OFFICE OF THE MAYOR
WHEREAS in 1890, the Daughters of the American Revolution (DAR) was formed to promote education and patriotism; and
WHEREAS in 1955, DAR petitioned Congress to set aside September 17-23 annually to be dedicated for the observance of Constitution Week; and WHEREAS the Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law; and
WHEREAS September 17, 2024, marks the two hundred and thirtyseventh anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and
WHEREAS it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate it.
NOW THEREFORE, the City of Banning City Council do hereby proclaim:
September 17 – 23, 2024
as
Constitution Week
in the City of Banning and encourage the
citizens of our community to join us in this
special observance.
BE IT PROCLAIMED this 10th day of September, 2024.
Alberto Sanchez, Mayor
7 Educational Programs
Constitution Week
The United States Constitution stands as a testament to the tenacity of Americans throughout history to maintain their liberties and freedoms and to ensure those unalienable rights to every American.
The tradition of celebrating the Constitution was started by the Daughters of the American Revolution. In 1955, DAR petitioned Congress to set aside September 17-23 annually to be dedicated for the observance of Constitution Week. The resolution was later adopted by the US Congress and signed into public law on August 2, 1956 by President Dwight D. Eisenhower.
The aims of the celebration are to:
• Emphasize citizen’s responsibilities for protecting and defending the Constitution. • Inform people that the Constitution is the basis for America’s great heritage and the foundation for our way of life.
• Encourage the study of the historical events which led to the framing of the Constitution in September 1787.
Constitution Week is a great time to learn more about this important document and to celebrate the freedoms it gave us. Get involved by encouraging young people to sign the Constitution Week Proclamation Pledge and to ask your local community officials to issue a proclamation about Constitution Week. Consider organizing a group to participate in Bells Across America.
For additional information about Constitution Week, please contact your local DAR chapter or visit DAR.org: local DAR chapter.
The Daughters of the American Revolution is a non-profit, non-political volunteer women’s service organization. DAR members are dedicated to promoting historic preservation, education, and patriotism in communities across the nation. All students are invited to participate and learn more about the educational programs the DAR offers. Educators, parents and students are encouraged to contact their local DAR chapters for more detailed information on these program. 8 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk Doug Schulze, City Manager
MEETING DATE: September 10, 2024
SUBJECT: Proclamation - Hispanic Heritage Month
RECOMMENDATION:
Staff respectfully recommends City Council proclaim September 15 - October 15, 2024 as Hispanic Heritage Month.
BACKGROUND:
N/A
JUSTIFICATION:
N/A
FISCAL IMPACT:
None
ALTERNATIVES:
N/A
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. Proclamation - Hispanic Heritage Month.pdf
9 CITY OF BANNING
OFFICE OF THE MAYOR
WHEREAS, the United States has observed “Hispanic Heritage Week” since 1968 and “Hispanic Heritage Month” since 1988; and
WHEREAS, Hispanic Heritage Month celebrates the histories, cultures, and contributions of those whose ancestors were indigenous to North America as well as Spain, Mexico, the Caribbean, and Central and South America; and
WHEREAS, the purpose of Hispanic Heritage Month is to create awareness of the 500 years of cultural contributions of people of Hispanic Heritage to the American culture; and WHEREAS, many people of Hispanic Heritage have and continue to serve this community as leaders, organizers, first responders, teachers, healthcare professionals, athletes, inventors, entrepreneurs and more; and
WHEREAS, the City of Banning is fortunate to have a large number of residents of Hispanic Heritage who strengthen our culture, economy, and contribute to our daily lives; and WHEREAS, the City wishes to honor their achievements while continuing efforts to ensure the City is a welcoming and inclusive place with opportunities for all.
NOW THEREFORE, the City Council of the City of Banning, does hereby proclaim:
Hispanic Heritage Month
September 15 – October 15, 2024
in the City of Banning and encourages citizens of Banning to increase their cultural awareness by learning the important contributions of people of Hispanic Heritage to the City of Banning.
BE IT PROCLAIMED this 10th day of September 2024.
Alberto Sanchez, Mayor
10 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk Doug Schulze, City Manager
MEETING DATE: September 10, 2024
SUBJECT: Approval of the Meeting Minutes for the August 27, 2024 City Council Meetings
RECOMMENDATION:
Approve the minutes of the August 27, 2024 City Council Meetings.
BACKGROUND:
After every meeting, the City Clerk's Office prepares meeting minutes. The City Council reviews and approves these minutes either as presented or with modifications.
JUSTIFICATION:
These minutes have been prepared as Action Minutes in accordance with City Council Resolution 1995- 21 and Government Code Sections 36814, 40801, and 54953(c)(2).
FISCAL IMPACT:
None
ALTERNATIVES:
1. Approve as recommended.
2. Approve with modifications.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. 2024 08 27_Minutes_Special Meeting - Closed Session.pdf
2. 2024 08 27_Minutes_Special Meeting - Workshop.pdf
3. 2024 08 27_Minutes_Regular Meeting.pdf
11 The following information comprises the minutes for a special meeting of the City Council, a joint meeting of the Banning City Council and Banning Utility Authority and a joint meeting of the Banning City Council and the Banning City Council sitting in its capacity as the Successor Agency Board.
MINUTES 8/27/2024
CITY COUNCIL SPECIAL MEETING
COUNCIL MEMBERS PRESENT: Council Member Sheri Flynn
Council Member David Happe
Mayor Alberto Sanchez
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: Mayor Pro Tem Rick Minjares
OTHERS PRESENT: Doug Schulze, City Manager
Serita Young, City Attorney
Caroline Patton, Administrative City Clerk
Lincoln Bogard, Administrative Services Director
Nicole Jews, Human Resources Manager
Oliver Yee, City Counsel (Liebert, Cassidy, and Whitmore)
1. CALL TO ORDER
Mayor Sanchez called the special meeting to order at 3:00 p.m.
1.1 Roll Call
COUNCIL MEMBER PRESENT: ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
2. PUBLIC COMMENT – Agenda Items
None
3. CLOSED SESSION
Serita Young, City Attorney, read the closed session citation.
3.1 CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Doug Schulze, City Manager; Lincoln Bogard, Administrative Services Director; Art Vela, Director of Public Works; Nicole Jews, Human Resources Manager; Oliver Yee, City Counsel (Liebert, Cassidy and Whitmore) Employee Organization: International Brotherhood of Electrical Workers (IBEW) 12 Special Meeting Minutes 8/27/2024 Page 2 of 2
General Unit; International Brotherhood of Electrical Workers (IBEW) Utility Unit; Teamsters; Banning Police Management Association (BPMA)
3.2 COMPLAINTS AND CHARGES BROUGHT AGAINST PUBLIC EMPLOYEE; PUBLIC
EMPLOYEE DISCIPLINE
Pursuant to Government Code Section 54957(b)
4. ADJOURNMENT
The Special City Council meeting adjourned at 4:28 p.m.
Minutes Prepared by:
Caroline Patton, Administrative City Clerk
These minutes have been prepared as Action Minutes in accordance with City Council Resolution 1995-21 and Government Code Sections 36814, 40801, and 54953(c)(2).
This entire meeting and all associated documents may be viewed here:
https://banningca.granicus.com/ViewPublisher.php?view_id=1:
13 The following information comprises the minutes for a special meeting of the City Council, a joint meeting of the Banning City Council and Banning Utility Authority and a joint meeting of the Banning City Council and the Banning City Council sitting in its capacity as the Successor Agency Board.
MINUTES 8/27/2024
CITY COUNCIL SPECIAL MEETING
COUNCIL MEMBERS PRESENT: Council Member Sheri Flynn
Council Member David Happe
Mayor Pro Tem Rick Minjares* Arrived at 4:47 p.m.
Mayor Alberto Sanchez
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Doug Schulze, City Manager
Serita Young, City Attorney
Laurie Sampson, Assistant City Manager
Caroline Patton, Administrative City Clerk
John Garside, Multimedia Specialist
Emery Papp, Senior Planner
1. CALL TO ORDER
Mayor Sanchez called the special meeting to order at 4:31 p.m.
1.1 Roll Call
COUNCIL MEMBER PRESENT: ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick*
Sanchez, Alberto
Wallace, Colleen
*Arrived at 4:47 p.m.
2. PUBLIC COMMENT – Agenda Items
• Christiane Deaton
• Frank Connolly
• Stuart MacKenzie
• Kathleen Dale
• Richard Royce
14 Special Meeting Minutes 8/27/2024 Page 2 of 2
3. WORKSHOP
3.1. Overview and Presentation of a Proposed Amendment to the Mission Heights Specific Plan
Emery Papp, Senior Planner, presented the staff report.
4. ADJOURNMENT
The Special City Council meeting adjourned at 5:39 p.m.
Minutes Prepared by:
Caroline Patton, Administrative City Clerk
These minutes have been prepared as Action Minutes in accordance with City Council Resolution 1995-21 and Government Code Sections 36814, 40801, and 54953(c)(2).
This entire meeting and all associated documents may be viewed here:
https://banningca.granicus.com/ViewPublisher.php?view_id=1 15 The following information comprises the minutes for a regular meeting of the City Council, a joint meeting of the Banning City Council and Banning Utility Authority and a joint meeting of the Banning City Council and the Banning City Council sitting in its capacity as the Successor Agency Board.
MINUTES 8/27/2024
CITY COUNCIL REGULAR MEETING
COUNCIL MEMBERS PRESENT: Council Member Sheri Flynn
Council Member David Happe
Mayor Pro Tem Minjares
Mayor Alberto Sanchez
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Doug Schulze, City Manager
Laurie Sampson, Assistant City Manager
Serita Young, City Attorney
Caroline Patton, Administrative City Clerk
John Garside, Multimedia Specialist
Lincoln Bogard, Administrative Services Director
Art Vela, Director of Public Works
Emery Papp, Senior Planner
1. CALL TO ORDER
Mayor Sanchez called the regular meeting to order at 5:40 p.m.
1.1. Invocation – Pastor Eric Biggers of Mission Church of God in Christ led the invocation.
1.2. Pledge of Allegiance
1.3. Roll Call
COUNCIL MEMBER PRESENT ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Mayor Sanchez announced a recess at 5:41 p.m. The meeting was reconvened at 5:59 p.m.
2. AGENDA APPROVAL
2.1. Approve Agenda
Motion to approve the agenda.
16 Regular Meeting Minutes 8/27/2024 Page 2 of 14
Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 4-1.
3. PRESENTATIONS
3.1 Quarterly Small Business Recognition – Family Car Wash
4. REPORT ON CLOSED SESSION
Serita Young, City Attorney reported that there was discussion and direction provided to staff, with no final nor reportable action.
5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, CITY COUNCIL
COMMITTEE REPORTS, CITY MANAGER REPORT, AND CITY ATTORNEY REPORT
5.1. PUBLIC COMMENTS
The following individuals addressed City Council during Public Comment:
• David Marshall Kealy
• Harry Sullivan
• Lynnea Hagen
• Diego Rose
• John Hagen
• Gladys “Sue” Savage
• Bill Hobbs
• Stuart MacKenzie
5.2. CORRESPONDENCE
Three items of correspondence were received and distributed to City Council in advance of the meeting.
5.3. APPOINTMENTS
None
5.4. CITY COUNCIL COMMITTEE REPORTS
Council Member Wallace reported on a Community Action Partnership (CAP) meeting.
Mayor Pro Tem Minjares reported on a San Gorgonio Pass Water Alliance (SGPWA) meeting.
17 Regular Meeting Minutes 8/27/2024 Page 3 of 14
Council Member Flynn reported on a Community Luncheon with Sheriff Chad Bianco at Morongo.
Council Member Happe reported on a meeting of the Riverside County Transportation Commission (RCTC).
Mayor Sanchez reported on the Rosilicie Ochoa Bogh Town Hall that occurred at City Hall as well as the State of the County led by Supervisor Gutierrez.
5.5. CITY MANAGER REPORT
City Manager Schulze announced that they had filled the Community Development Director position and David Newell, from the City of Palm Springs, will be joining the team beginning September 16, 2024. There are also interviews happening for the Police Chief position. The interview process will include a community meet and greet, giving the public the opportunity to meet the candidates.
The Banning Youth Council is holding a clean-up event at Sylvan Park on August 31.
Finally, the City Council will be reviewing a resolution regarding support for Proposition 36.
5.6. CITY ATTORNEY REPORT
City Attorney Young had no report.
5.7. CITY TREASURER REPORT
City Treasurer Geronimo had no report.
6. CONSENT AGENDA
6.1 Approval of the Meeting Minutes for the July 9, 2024 City Council Meetings
6.2 Receive and File Accounts Payable and Payroll Warrants Issued in the Month of June 2024
6.3 Receive and File Cash and Investments Report for the Month of June 2024
6.4 Receipts, Disbursements, & Fund Balances Reporting for Fiscal Year 2023-24, Period 12, June 2024, and Fiscal Year 2024-25, Period 1, July 2024
6.5 Receive and File Police Department Statistics for the Month of June and July 2024
6.6 Receive and File Fire Protection Services Statistics for the Month of June and July 2024
6.7 Public Works Capital Improvement Project Tracking List
6.8 Receive and File Code Enforcement Update and Statistics for the Months of June and July 2024
6.9 Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports for June and July 2024
6.10 City Council Travel and Conference Expense Report Year to Date June 30, 2024
6.11 Consideration of Resolution 2024-128, Approving the Acceptance of the Distribution of the 2023 Emergency Management Performance Grant (EMPG) Program Award
6.12 Consideration of Resolution 2024 -129, Approving a Successor Memorandum of Understandings with the Banning Police Officers' Association, Representing All City Employees Eligible for Inclusion in the Police Unit, Effective March 28, 2024, Through March 27, 2027, and Authorizing the City Manager to Finalize and Execute a Successor Agreement
18 Regular Meeting Minutes 8/27/2024 Page 4 of 14
6.13 Consideration of Resolution 2024-130, Accepting a Donation from First Industrial, LP in the Amount of $2,500
6.14 Consideration of Resolution 2024-131, Accepting a Donation from Sun Lakes Charitable Trust in the Amount of $2,000
6.15 Consideration of Resolution 2024-132, Awarding A Professional Services Agreement for the Construction Management and Inspections Services of Charles Street and Lincoln Street Non-Potable Water Booster Stations and Reservoirs Project to TKE Engineering, Inc. in the amount of $910,880 and Approving a 10% Contingency for a Total Project Budget of “Not-to-Exceed” $1,001,968.
6.16 Consideration of Resolution 2024 -133, Awarding a Professional Services Agreement to Albert A. Webb Associates in the amount of $79,700 for CEQA Related Biological and Paleontological Monitoring and Reporting During the Construction of Charles Street and Lincoln Street Non-Potable Water Booster Stations
6.17 Consideration of Resolution 2024-134, Approving Amendment No. 1 to the Professional Services Agreement with Kimley-Horn and Associates, Inc. for an Additional Amount of $17,850 for Design of the Lions Park Non-Potable Water Irrigation Conversion
6.18 Consideration of Resolution 2024-135, Approving an Amendment to the GARDA CL West, Inc. Purchase Order (PO 031919) to Increase the Amount by $ 2,000.00 for a Total of $27,0000.00 for Fiscal Year 2024 Expenditures and Approving a New Purchase Order for GARDA CL West, Inc. to Use During Fiscal Year 2025 for an Amount Not to Exceed $30,000.00
6.19 Consideration of (1) Resolution 2024-136, Amending the Classification and Compensation Plan; and (2) Resolution 2024-137, Revising the Confidential Employee Benefit Plan
6.20 Consideration of Resolution 2024-138, Approving an Amendment No. 2 to the Professional Services Agreement (C00853) with Eide Bailly for External Audit Services for Fiscal Year 2022-23 Cost Overruns in the Amount of $50,000 after 23 Percent Discount
6.21 Notification that The City is Changing its Availability Period from 60 Days to 90 Days for Eligible Revenues under the Modified Accrual Basis of Accounting Public Comment
None
Motion to adopt consent agenda items 6.2 to 6.14, 6.18 and 6.21.
Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
19 Regular Meeting Minutes 8/27/2024 Page 5 of 14
6.1 Approval of the Meeting Minutes for the July 9, 2024 City Council Meetings Motion to Exhibit A be removed from the July 9, 2024 regular meeting minutes.
Motion by Council Member Flynn
No second. The motion failed.
Public Comment
• Kathleen Dale
Motion to approve the meeting minutes as presented.
Motion by Mayor Sanchez
Seconded by Council Member Happe
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 3-2.
Mayor Sanchez announced a recess at 6:48 p.m. The meeting was reconvened at 7:03 p.m.
6.15 Consideration of Resolution 2024-132, Awarding A Professional Services Agreement for the Construction Management and Inspections Services of Charles Street and Lincoln Street Non-Potable Water Booster Stations and Reservoirs Project to TKE Engineering, Inc. in the amount of $910,880 and Approving a 10% Contingency for a Total Project Budget of “Not-to-Exceed” $1,001,968
Art Vela, Director of Public Works, answered City Council questions about the report.
Public Comment
• Kathleen Dale
Motion to adopt Resolution 2024-132.
Motion by Mayor Pro Tem Minjares
Seconded by Mayor Sanchez
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 4-1.
20 Regular Meeting Minutes 8/27/2024 Page 6 of 14
6.16 Consideration of Resolution 2024-133, Awarding a Professional Services Agreement to Albert A. Webb Associates in the amount of $79,700 for CEQA Related Biological and Paleontological Monitoring and Reporting During the Construction of Charles Street and Lincoln Street Non-Potable Water Booster Stations Art Vela, Director of Public Works, answered City Council questions about the report.
Public Comment
• Kathleen Dale
Motion to continue the item until after the consideration of Agenda Item 7.1.
Motion by Council Member Flynn
Seconded by Council Member Happe
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
6.17 Consideration of Resolution 2024-134, Approving Amendment No. 1 to the Professional Services Agreement with Kimley-Horn and Associates, Inc. for an Additional Amount of $17,850 for Design of the Lions Park Non-Potable Water Irrigation Conversion
Art Vela, Director of Public Works, answered City Council questions about the report.
Public Comment
None
Motion to adopt Resolution 2024-134.
Motion by Mayor Sanchez
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 4-1.
6.19 Consideration of (1) Resolution 2024-136, Amending the Classification and Compensation Plan; and (2) Resolution 2024-137, Revising the Confidential Employee Benefit Plan
21 Regular Meeting Minutes 8/27/2024 Page 7 of 14
Lincoln Bogard, Administrative Services Director, answered City Council questions about the report.
Public Comment
None
Motion to adopt Resolution 2024-136 and 2024-137.
Motion by Council Member Wallace
Seconded by Council Member Happe
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
6.20 Consideration of Resolution 2024-138, Approving an Amendment No. 2 to the Professional Services Agreement (C00853) with Eide Bailly for External Audit Services for Fiscal Year 2022-23 Cost Overruns in the Amount of $50,000 after 23 Percent Discount
Lincoln Bogard, Administrative Services Director, answered City Council questions about the report.
Public Comment
• Frank Connolly
Motion to adopt Resolution 2024-138.
Motion by Mayor Sanchez
Seconded by Mayor Pro Tem Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
7. PUBLIC HEARING(S)
7.1 Consideration of Resolution 2024-140, Approving EA 24-0051, an Initial Study/Mitigated Negative Declaration for the Proposed Construction and Operation of a New Non-Potable Water Storage Reservoir that is 24-Feet in Diameter and 21- 22 Regular Meeting Minutes 8/27/2024 Page 8 of 14
Feet Tall with a Capacity of Approximately 61,000 Gallons, Associated Appurtenances, Onsite Access Road, and the Construction and Operation of a New Booster Pump Station Designed for the Future Ultimate Flow of 2,500 Gallons Per Minute (GPM). The Proposed Reservoir and Booster Station will be Located on a Portion of Accessor's Parcel Number (APN) 538-280-001 that is Approximately 7.51 Acres. The Project Site is Located on a City-Owned Property within the Open SpaceParks (OS- P) Zoning District and is Generally Located on the South Side of West Lincoln Street and East of 22nd Street, within the City of Banning, California; and Adopting a Mitigation Monitoring and Reporting Program for the Project Emery Papp, Senior Planner, presented the staff report.
Public Comment
• John Hagen
• Kathleen Dale
Motion to adopt Resolution 2024-140.
Motion by Mayor Sanchez
Seconded by Council Member Happe
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
6.16 Consideration of Resolution 2024-133, Awarding a Professional Services Agreement to Albert A. Webb Associates in the amount of $79,700 for CEQA Related Biological and Paleontological Monitoring and Reporting During the Construction of Charles Street and Lincoln Street Non-Potable Water Booster Stations Motion to adopt Resolution 2024-133.
Motion by Council Member Wallace
Seconded by Council Member Happe
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
23 Regular Meeting Minutes 8/27/2024 Page 9 of 14
Mayor Sanchez announced a recess at 8:10 p.m. The meeting was reconvened at 8:26 p.m.
8. REPORTS OF OFFICERS
8.1 Consideration of the Ring of Honor Selection Committee's Nomination to City Council to Place Arthur Lee "Art" Welch in the City of Banning's Ring of Honor Caroline Patton, Administrative City Clerk, presented the staff report.
Public Comment
None
Motion to accept the Ring of Honor Selection Committee’s Nomination to place Arthur Lee “Art” Welch in the City of Banning’s Ring of Honor.
Motion by Mayor Sanchez
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 3-2.
8.2 Consideration of Resolution 2024-141, Expressing Support for Actions to Further Strengthen Local Democracy, Authority, and Control As Related to Local Zoning and Housing Issues
Doug Schulze, City Manager, presented the staff report.
Public Comment
None
Motion to adopt Resolution 2024-141.
Motion by Council Member Happe
Seconded by Mayor Sanchez
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
24 Regular Meeting Minutes 8/27/2024 Page 10 of 14
8.3 Consideration of Resolution 2024-142, Approving a Contract with American Legal Publishing, LLC (C01061) for a Municipal Code Update Project for a Term Ending on December 31, 2025, for Total Not-To -Exceed Amount of $50,000 to Conduct a Holistic Review and Update of the Municipal Code to Modernize the Code Utilizing Reader Friendly Text and Format, Eliminate Outdated and Redundant Provisions, Eliminate Inconsistencies and Contradictions, Simplify Code Provisions, and to Ensure Consistency and Compliance with Current State and Federal Law Lincoln Bogard, Administrative Services Director, presented the staff report.
Public Comment
None
Motion to adopt Resolution 2024-142.
Motion by Mayor Sanchez
Seconded by Mayor Pro Tem Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
8.4 City of Banning Fiscal Year 2022-23 Annual Comprehensive Financial Report (ACFR), Banning Utility Authority (BUA) FY 2022-23 Financial Statements, City of Banning FY 2022-23 GANN Limit Agreed Upon Procedures (AUP) Report, City of Banning FY 2022-23 Single Audit Report, and Related Management Letters and Governance Letters
Lincoln Bogard, Administrative Services Director, presented the staff report. Roget Alfaro of Eide Bailly presented the audit to City Council.
Public Comment
None
8.5 Consideration of Resolution 2024-143, Creating a Community Revitalization Investment Authority to Operate within the Community, and Making Certain Findings and Taking Certain Actions in Connection Therewith, and Resolution 2024-05 SA, Making Certain Findings Relating to the City of Banning's Creation of a Community Revitalization Investment Authority to Operate within the Community Doug Schulze, City Manager, presented the staff report. 25 Regular Meeting Minutes 8/27/2024 Page 11 of 14
Public Comment
• Kathleen Dale
• Gerry Phelps
Motion to table this item until an additional City Council workshop meeting and a public Saturday workshop may be held.
Motion by Mayor Sanchez
Seconded by Council Member Flynn
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
8.6 Consideration of the First Reading and Introduction of Ordinance 1606, Setting Salaries for City Council
Doug Schulze, City Manager, presented the staff report.
Public Comment
• Kathleen Dale
Administrative City Clerk Patton read the ordinance by title only.
Motion to introduce and waive further reading of Ordinance 1606.
Motion by Council Member Happe
Seconded by Mayor Pro Tem Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
9. DISCUSSION ITEM(S)
9.1 Discussion of Proposed Amendments to Banning Municipal Code and Zoning Pertaining to Cannabis Businesses, Including the Possibility of Implementing an Urgency Ordinance/Moratorium
Emery Papp, Senior Planner, presented the staff report. 26 Regular Meeting Minutes 8/27/2024 Page 12 of 14
Public Comment
• John Hagen
• Kathleen Dale
Motion to continue the meeting past 10:00 p.m.
Motion by Mayor Sanchez
Seconded by Mayor Pro Tem Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
Mayor Sanchez announced a recess at 10:51 p.m. The meeting was reconvened at 11:01 p.m.
9.2 Discussion of the Banning Electric Utility Emergency Rate Increase Scenarios Lincoln Bogard, Administrative Services Director and Art Vela, Director of Public Works, presented the staff report.
Public Comment
• Gerry Phelps
• John Hagen
• Frank Connolly
• Kathleen Dale
• Cindy Barrington
Motion to continue the meeting past 12:00 p.m.
Motion by Council Member Wallace
Seconded by Mayor Sanchez
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
9.3 Presentation and Consideration of the Results of the Time Study and Associated Cost Analysis of the Itron Electric Meter Failures Due to Mesh Communication Issues that Resulted in Reprogramming and Replacing Impacted Electric Meters 27 Regular Meeting Minutes 8/27/2024 Page 13 of 14
Lincoln Bogard, Administrative Services Director, presented the staff report.
9.4 Overview and Presentation of Industrial Development Projects in the City of Banning
10. ITEMS FOR FUTURE AGENDAS
10.1. New Items
10.2. Pending Items:
1. Grow Banning (Sanchez)
2. Neighborhood Groups/Identities (Minjares)
3. Update on Community Garden (Flynn)
4. Zencity Contract (Flynn)
5. Zoom Options for Public Meetings (Flynn)
6. Developer Presentation on Sunset Crossroads Project (Flynn)
7. City Manager Evaluation (Flynn)
8. All Active Lawsuits against the City (Flynn)
9. Plot Map for Warehouses (Current/Planned) in the City (Flynn)
10. Increased Compensation for City Council (Flynn)
11. Increased Compensation for City Treasurer and City Clerk (Flynn)
11. ADJOURNMENT
Motion to adjourn.
Motion by Mayor Sanchez
Seconded by Mayor Pro Tem Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
The meeting was adjourned at 12:41 p.m.
Minutes Prepared by:
Caroline Patton, Administrative City Clerk
These minutes have been prepared as Action Minutes in accordance with City Council Resolution 1995-21 and Government Code Sections 36814, 40801, and 54953(c)(2).
This entire meeting and all associated documents may be viewed here:
https://banningca.granicus.com/ViewPublisher.php?view_id=1 28 Regular Meeting Minutes 8/27/2024 Page 14 of 14
ATTACHMENTS:
Exhibit A – Public Comment Received
Exhibit B – Agenda Item 7.1: Staff Presentation
Exhibit C – Agenda Item 8.3: Staff Presentation
Exhibit D – Agenda Item 8.4: Staff Presentation
Exhibit E – Agenda Item 9.1: Staff Presentation
Exhibit F – Agenda Item 9.2: Staff Presentation
Exhibit G – Agenda Item 9.3: Staff Presentation
29 Exhibit A
30 31
32 33
CITY COUNCIL
PUBLIC HEARING ITEM NO. 7.1
AUGUST 27, 2024
Consideration of EA 24-0051, an IS/MND for the Proposed Construction and Operation of a New Non-Potable Water Storage Reservoir that is 24-feet in Diameter and 21-Feet Tall with a Capacity of Approximately 61,000 Gallons, Associated Appurtenances, Onsite Access Road, and the Construction and Operation of a New Booster Pump Station Designed for the Future Ultimate Flow of 2,500 Gallons Per Minute (gpm). The Proposed Reservoir and Booster Station will be Located on a Portion of Assessors Parcel Number (APN) 538-280-001 that is Approximately 7.51 acres. The Project Site is Located on a City-Owned Property Within the Open Space-Parks (OS-P) Zoning District and is Generally Located on the South Side of West Lincoln Street and East of 22nd Street, Within the City of Banning, California.
Exhibit B
34 35
Land Use Summary
Existing Land Use Zoning Classification General Plan Designation Subject Site Vacant Land Open Space - Parks Open Space - Parks North Vacant Commercial Land
and Existing Homes
General Commercial and Low
Density Residential
General Commercial and Low
Density Residential
South Vacant Land Public Facilities - School GC and LDR East Montgomery Creek and
Vacant Land Very Low Density Residential Very Low Density Residential West Existing Single-Family
Homes Low Density Residential Low Density Residential
36 Site Photos, Current Site Conditions
Background
The Project is a part of the Citys expansion of the non-potable water delivery system:
The Citys existing customer for non-potable water (recycled water) is the Sun Lakes Country Club golf course.
Future potential customers may include: Lions Park, Banning High School, Dysart Park, a neighborhood park and the Rancho San Gorgonio development.
The proposed Project was not specifically identified in the Citys Integrated Master Plan; however, it is needed to provide non-potable water supplies to existing and potential customers on the west side of the City.
37 Project Description
The Project entails the construction and operation of a new non-potable water storage reservoir with a capacity of approximately 61,000 gallons, associated appurtenances, on-site access road, and the construction and operation of a new booster pump station designed for the future ultimate flow of 2,500 gallons per minute (gpm). The proposed Project will only utilize a portion of the parcel it is located on. The total disturbance area during construction is approximately 1.39 acres, which includes construction staging. This is approximately 18.4 percent of the parcel. Once construction is complete, the proposed Projects disturbance area is approximately 0.48 acres, which represents approximately 6.4 percent of the total parcel acreage.
Project Description (Cont.)
The Major Components of the Project Include:
Reservoir 61,000 gallons, 24-foot diameter, 21-feet high Booster Station 38x24x12 split face masonry block building with tile roof and roof hatches to facilitate equipment removal/installation
Booster Pumps 2 1,000 GPM main pumps, 1 standby pump 1,500 GPM On-site Diesel-powered standby generator
SCADA System
Site Access Improvements
Lighting and Security
Electrical
Drainage
Frontage Improvements to Lincoln Street Widening and new drive approach 38 Site Overview
Public Notice/Comment
A Public Review and Comment Period for
the IS/MND was published on April 26,
2024 and ended on May 26, 2024.
CC Public Hearing Notice was Published in
the Record Gazette on August 9, 2024
Notices mailed to property owners
within 300 on August 8, 2024
No comments were received opposed
to or for the project
39 Mitigation Monitoring and Reporting Program
CEQA requires adoption of a reporting or monitoring program for those measures placed on a project to mitigate or avoid adverse effects on the environment (California Public Resources Code§ 21081.6).
An MMRP has been prepared in compliance with State law and the Initial Study/Mitigated Negative Declaration (IS/MND) prepared for the Project.
As the Lead Agency, the City is responsible for ensuring full compliance with the mitigation measures adopted for the proposed Project. The City, in conjunction with any affected responsible agencies, will then determine if modification to the project is required and/or whether alternative mitigation is appropriate.
Subject to approval by the City Council, a Notice of Determination will be filed with the County of Riverside and the State of California.
Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) (Cal. Pub. Res.
Code § 21000 et seq.), the State Guidelines (14 Cal. Code Regs. § 15000 et seq.), City Staff prepared an Initial Study of the potential environmental effects of the Project as described in the Initial Study. Based upon the findings contained in that the Initial Study, City Staff determined that, with the incorporation of mitigation measures, there is no substantial evidence that the Project will have a potentially significant effect on the environment and a Mitigated Negative Declaration (MND) was prepared in full compliance with the requirements of CEQA.
40 Planning Commission Action
On July 10, 2024, the Planning Commission took the following action:
Adopted Resolution 2024-10, recommending that the City Council adopt a Mitigated Negative Declaration (EA 24-0051) and Mitigation Monitoring and Reporting Program for the Project, subject to the Findings contained in the Resolution.
Recommendation
The Planning Commission has recommended that the City Council take the following action:
Adopt Resolution 2024-140, adopting a Mitigated Negative Declaration (EA 24- 0051) and Mitigation Monitoring and Reporting Program for the Project, subject to the Findings contained in the Resolution.
41 Thank you!
Staff is Available for Questions
Contact Information:
Emery J. Papp, Senior Planner
[email protected]
42 Exhibit C
43 44
45 46
47 MUNICIPAL CODE
UPDATE PROJECT
Lincoln Bogard, Administrative Services Director
City Council Meeting August 27, 2024
Municipal Code Update
Staff identified some
discrepancies in Code
No thorough review has
been performed in many
years
Goal to make Code user
friendly
Exhibit D
48 Municipal Code Update Vendor
Many references from large cities in
California
Strong proposal submitted
Costs within expectations
Only vendor that attended the Pre-Bid
Meeting
49 Questions
Contact Information
Lincoln Bogard
[email protected]
50 CITY COUNCIL
DISCUSSION ITEM NO. 9.1
AUGUST 27, 2024
Discussion of Proposed Amendments to Banning Municipal Code and Zoning Pertaining to Cannabis Businesses, Including the Possibility of Implementing an Urgency Ordinance/Moratorium
Background
In July 2018, the Banning City Council passed Ordinance Nos. 1523 and 1524, which created a conditional use permit process for cannabis Ballot Measure N, on the November 2018 ballot, established a cannabis cultivation tax
Ballot Measure O, on the same 2018 ballot, established a cannabis retailer tax Ballot Measure L, on the November 2020 ballot and Ordinance 1564 went into effect which established a cannabis distribution facility tax 2021, the City Council passed Ordinance No. 1577, which allowed cannabis microbusinesses
Exhibit E
51 Background (contd)
Revenue generated by cannabis business taxes has not met the Citys expectations.
Cannabis retail tax revenue is dependent on the retail sales each cannabis retailer generates, and payments are currently due annually.
Cannabis cultivation businesses tax ranges from $150,000 to $330,000 per year, per license.
Since inception, amendments to Cannabis Ordinances have not had the desired effect of increasing revenues.
Potential for Land Use Conflicts
Odor Control
Noise Control
Inadequate separations from other cannabis businesses and sensitive uses
Unintended consequences related to public health, safety, welfare and enjoyment of property
Cannabis Ordinance Concerns
52 Urgency Ordinance/Moratorium
Section 65858 of the California Government Code permits cities to adopt interim urgency ordinances.
Purpose is to temporarily prohibit approval of new land uses that might conflict with an amendment to a general plan, specific plan, or zoning ordinance that the city plans to study within a reasonable time period.
A moratorium on cannabis uses would not eliminate existing businesses, but it would temporarily prohibit new businesses from applying for or receiving approvals from the City while the City studies possible changes to cannabis regulations.
Urgency Ordinance/Moratorium (Cont.)
A moratorium must be adopted ordinance requiring a four-fifths vote of the City Council
The ordinance must contain findings that there is a current and immediate threat to the public health, safety, or welfare.
The ordinance may be adopted either on an urgency basis or after a noticed public hearing.
An urgency ordinance can be adopted without notice and a hearing, without prior Planning Commission review, and can be made to take effect immediately by the inclusion of urgency findings.
53 Moratorium Duration / Milestones
A moratorium has an initial duration of 45 days.
A moratorium can only be extended following a noticed public hearing.
Up to two extensions are allowed for a maximum term of two years.
Each extension is subject to the same requirements for four-fifths approval and legislative findings.
A written report describing the measures taken to alleviate the condition that led to the adoption of the ordinance at least ten days prior to any extension.
If the City Council wishes to consider a moratorium, staff will prepare an ordinance for its consideration at a future meeting.
Fiscal Impact
Potential loss of Cannabis Business Tax revenues, staff time, and City Attorney time to prepare Moratorium Ordinance(s)
54 Recommendation
Staff recommends the City Council take the following action:
Receive information and presentation from staff and public speakers; followed by discussion of the Council Members and direction to staff.
Alternative Actions:
1. Make no amendments to the current BMC
2. Amend the current BMC provisions
3. Prepare an Urgency Ordinance, temporarily placing a hold on new cannabis businesses and prepare a Moratorium Ordinance
Thank you!
Staff is Available for Questions
Contact Information
Emery J. Papp
Senior Planner
[email protected]
55 Exhibit F
56 57
58 59
60 61
62 63
64 65
ITRON TIME STUDY
Lincoln Bogard, Administrative Services Director
City Council Meeting August 27, 2024
Itron Meter Issues
Batteries Fatal 5 Errors
Collector versus Mesh
Communications
Compounded Impact
Time Study for Meter
Replacements
Results of Time Study
Exhibit G
66 City Cost Categories
Field Services Meter
Replacement
Electric Meter Reprogramming
Senior Billers Correcting
Current/Prior Billings
Only Salary Costs Analyzed
WO/Project Amount
WF0254708 4.91
WF0240168 109.74
WF0271788 30.99
EL2408 11.16
UTILBILL 47.58
Total per Meter 204.37
Total Cost (3,070) 627,428.00
Estimated per Meter
Salary Cost - $204.37
3,070 Meters Replaced
Total Estimated Salary
Paid to Replace and
Reprogram - $627,428
67 Provide Direction
Itron has expressed some interest in
reimbursement negotiations.
Staff would like direction to negotiate
reimbursement of City Salaries paid to
reprogram and replace defective meters.
Questions
Contact Information
Lincoln Bogard
[email protected]
68 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Cheryl Stafford, Finance Manager
Lincoln Bogard, Administrative Services Director
MEETING DATE: September 10, 2024
SUBJECT: Receive and File Accounts Payable and Payroll Warrants Issued in the Month of July 2024
RECOMMENDATION:
Receive and file the warrants for period ending July 31, 2024, per California Government Code Section 37208.
BACKGROUND:
Staff compiles a monthly report to include accounts payable and payroll warrants issued.
JUSTIFICATION:
Description Payment # Amount Total Amount
Checks:
Checks Issued During Month 191941-192224 $5,438,451.91
Voided/Reissue Check $ 251.11
Check Total $5,438,200.80
Wires Total 1146 $1,472,841.79
ACH Payments: 9007932-9007971
Payroll Direct Deposit 07/12/2024 $ 641,126.03
Payroll Direct Deposit 07/19/2024 $ 128,781.93
Payroll Direct Deposit 07/26/2024 $ 630,565.43
Other Payments $5,853,759.62
ACH Total $7,254,233.01
Payroll Checks: 13566-13610
Payroll-Regular 07/12/2024 $ 11,457.10
Payroll-Manual 07/18/2024 $ 5,329.19
Payroll-Regular 07/26/2024 $ 11,017.97
Payroll Check Total $ 27,804.26
69 Total Warrants Issued for
July 2024
$14,193,079.86
FISCAL IMPACT:
No fiscal impact.
ALTERNATIVES:
Receive and file the warrants for period ending July 31, 2024.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. Attachment 1 - Fund List_Updated 10.11.23.pdf
2. Attachment 2-Warrant Report July 2024.pdf
3. Attachment 3-Warrant Report Detail July 2024.pdf
4. Attachment 4-Void Check Log, Payroll Log and Payroll Registers.pdf 70 General Fund Special Revenue Capital Improvement Enterprise Enterprise Internal Service Sucessor Agency Agency Funds Funds Funds Funds-BUA Funds Funds Funds
General Fund (001) Departments (002) Developer Deposit (400) Police Facilities Development (670) Electric Fund (660) Water (702) Fleet Maintenance (805) Redevelopment Obligation- - (1000) City Council (005) Successor Agency Admin (410) Fire Facilities Development - (7000) Electric (661) Water Capital Facilities (700) Risk Management Retirement - (1200) City Manager (100) Gas Tax Street (420) Traffic Control Facility - (7010) Generation & Trans. (662) Irrigation Water Fund - (5020) Workers Compensation (810) Sucessor Housing Agency (101) Measure A Street (421) Ramsey/Highland Signal (672) Rate Stability/Debt Service Reserve (663) BUA Water Capital Project - (5030) Unemployment Insur. (830) Debt Service Successor Agncy (102) RMRA (SB1) Gas Tax (430) General Facilities (673) Electric Improvement (669) BUA Water Debt Service - (5040) Liability Insurance (840) Bond Exp. Agreement - (221) ATWEL #2020-02 CFD
(360) Sun Lakes CFD #86-1
(365) Wilson Street #91-1 AD
(370) Area Police Computer
(375 Fair Oaks #2004-01-AD
(376) Cameo Homes
- (1210) Economic Development
- (1220) Public Information
- (1300) Human Resources
- (1400) City Clerk
(103) SB 300 Street (444) Wilson Median Fund (674) Electric Revenue Bond Project - (5300) City Attorney (BEA) Project -
(104) Article 3 Sidewalk (451) Park Development Fund (675) Public Benefit (680) Wastewater (841) Bond Exp. Agreement - - (1500) Elections
(1800) City Attorney
(110) CDBG (470) Capital Improvement (678) Electric Revenue Bond Debt Service (681) Wastewater Capital Facility (703) Information Systems Services
(704) Building Maintenance
(705) Support Services
(761) Utility Billing Admin.
(BEA) Low/Mod
- (1900) Fiscal Services
(111) Landscape Maintenance (475) Fair Oaks #2004-01-AD (682) Wastewater Tertiary - (3100) Account & Collections
- (1910) Purchasing & AP
(132) Air Quality Improvement (600) Airport Fund (683) BUA Wastewater Capital Project - (3110) Meter Reading
(140) Asset Forfeiture/Police (610) Transit Fund (685) State Revolving Loan - (2060) TV Government Access
- (2200) Police
(148) Supplemental Law- - (5800) Fixed Route (689) BUA Wastewater Debt Service Enforcement - (5850) Dial A Ride
(150) State Park Bond (690) Refuse Fund
(190) Housing Authority
(200) Special Donation
(201) Sr. Center Activities
(202) Animal Control Reserve
(203) Police Volunteer
(222) Federal Funds
(300) City Administration-
COP Debt Service
- (2210) Dispatch
- (2300) Animal Control
- (2400) Fire
- (2700) Building Safety
- (2740) Code Enforcement
- (2800) Planning
- (3000) Engineering
- (3200) Building Maintenance
- (3600) Parks
- (4000) Recreation
- (4010) Aquatics
- (4020) Day care
- (4050) Senior Center
- (4060) Sr. Advisory Board
- (4500) Central Services
- (4800) Debt Service
- (5400) Community Enhancement
Budget Processes, Policies & Fund Structure
The following depicts the City's budgeted funds and how they fit in the organization for budget and accounting purposes. Note that departments in the General Fund may also have budget responsibility for other funds.
Appropriated Funds
Governmental Funds Proprietary Funds Fiduciary Funds
Black = Major - Blue = Non-Major - Red = Retired Funds FY 20-21 71 City of Banning
Warrant List July 2024
Warrant Number Vendor Name Warrant Amount
1146 RIVERSIDE PUBLIC UTILITIES 1,472,841.79
191941 AED ENERGY SERVICES LLC 8,172.50
191942 AMAZON BUSINESS 47.95
191943 AMERICAN FIDELITY ASSURANCE 25,491.14
191944 ANDAYA, NELIA M 12.77
191945 ARCE, PAUL 168.00
191946 AT&T CALNET 2 960.72
191947 ATWORK PERSONNEL SERVICES 570.26
191948 BABCOCK LABORATORIES, INC 1,581.21
191949 BANNING POLICE OFFICERS ASSOC. 2,760.30
191950 BEAUMONT DO IT BEST HOME CENTER 70.15
191951 BEAUMONT SAFE & LOCK 109.00
191952 BENAVIDES, SUSIE 183.32
191953 BENHAR, DIANA T 742.00
191954 BIBBO, ROBERT & MARCIA 253.21
191955 BOUSLOG, STACY 300.00
191956 CALIFORNIA DEPT OF TAX AND FEE ADMN 9,604.00
191957 CALIFORNIA LAW ENFORCE ASSN 1,056.00
191958 CALIFORNIA-NEVADA J.A.T.C. 32,000.00
191959 CAMPA, ERIC 66.00
191960 CASC ENGINEERING AND CONSULTING INC 4,628.75
191961 CASTANEDA, SANDRA 250.00
191962 CHANDLER ASSET MANAGEMENT INC 2,036.94
191963 CINTAS CORPORATION 514.18
191964 CITY OF BANNING (BNG) 766.66
191965 CORE & MAIN, LP 11,564.76
191966 CORE-ROSION PRODUCTS 23,968.98
191967 COUTS HEATING & COOLING, INC 480.00
191968 DELTA DENTAL INSURANCE COMPANY 955.92
191969 DELTA DENTAL OF CALIFORNIA 7,614.07
191970 DOBBINS, DEANN LOUISE 117.60
191971 DUDEK 108,681.96
191972 EIDE BAILLY LLP 8,066.75
191973 FAST LUBE & TUNE 343.90
191974 FRONTIER COMMUNICATIONS 2,242.20
191975 G & G ENVIRONMENTAL COMPLIANCE, INC 100.00
191976 GAS COMPANY, THE 28.72
191977 GREEN DREAM INTERNATIONAL LLC 694.89
191978 HAAKER EQUIPMENT COMPANY 2,109.25
191979 HARGROVE, JOHN 75.25
191980 HAZEN AND SAWYER 442.50
191981 HERNANDEZ, CARLA 875.00
191982 HUERTA JR., GILBERT 420.00
191983 HUERTA LOPEZ, TUNNIA A 280.00
191984 I.B.E.W. LOCAL 47 10,837.30
191985 I.B.E.W. LOCAL 47 (PAC) 40.00
191986 IBEW LOCAL 47 RETIREE MEDICAL TRUST 3,042.63
191987 IN GEAR TECHNOLOGY 4,171.76
191988 KEN GRODY FORD REDLANDS 1,939.35
191989 KIMLEY-HORN AND ASSOCIATES, INC 35,535.00
191990 KOLLER, MARIE 12.60
191991 LIEBERT CASSIDY WHITMORE 20,484.50
191992 LIVINGSTON, TODD 250.00
1 72
City of Banning
Warrant List July 2024
Warrant Number Vendor Name Warrant Amount
191993 MANCIA, CLAUDIA 40.87
191994 MIKE ROQUET CONSTRUCTION, INC. 3,287.75
191995 MILSOFT UTILITY SOLUTIONS, INC 1,929.00
191996 OPENDOOR LABS INC 131.73
191997 PACKHAM & TOOMEY, INC 270.00
191998 PARKHOUSE TIRE, INC. 2,684.03
191999 PARS 2,465.43
192000 PARTS AUTHORITY 1,935.39
192001 PETTY CASH CUSTODIAN-COMM SVCS 14.07
192002 PUBLIC ENTITY RISK MANAGEMENT 3,521,853.00
192003 PULVER, JODEANE V 175.00
192004 QU, YANNING 108.31
192005 QUADIENT POSTAGE FUNDING 5,000.00
192006 REPPENHAGEN, JANE MARIE 2,400.00
192007 RICHARDS WATSON GERSHON 88,455.88
192008 RILEY, ANTHONY 86.64
192009 RIVERSIDE COUNTY SHERIFF-PSEC 4,865.29
192010 RIVERSIDE UNIVERSITY HEALTH SYSTEM 1,200.00
192011 SAN BERNARDINO PUBLIC EMPLOYEES 2,824.86
192012 SAN GORGONIO PASS WATER AGENCY 399,000.00
192013 SCA OF CA, LLC 10,080.00
192014 SO CAL JOINT POLE COMMITTEE 1,090.30
192015 SONSRAY FLEET SERVICES 1,625.23
192016 SOUTH COAST AIR QUALITY 161.81
192017 SOUTHERN CALIF ASSN OF GOVERNMENTS 4,600.00
192018 STAFFORD, CHERYL 30.45
192019 STATE WATER RESOURCES CONTROL 105.00
192020 STOCKMAN, JULIA 490.00
192021 TASC 5,730.66
192022 TEXAS LIFE INSURANCE COMPANY 6,324.36
192023 TIME WARNER CABLE 987.85
192024 CHARTER COMMUNICATIONS 105.65
192025 TRENCH SHORING COMPANY 305.42
192026 UNITED WATER WORKS, INC 7,092.61
192027 VULCAN MATERIALS 2,589.45
192028 WALKER, LORRAINE 163.32
192029 WESTERN WATER WORKS SUPPLY CO 7,583.34
192030 WITTMAN ENTERPRISES, LLC 3,301.50
192031 XYLEM WATER SOLUTIONS USA, INC 23,782.67
192032 YARYAN, MARY 355.25
192033 YUNEX, LLC 14,429.40
192034 ZENNER PERFORMANCE METERS, INC 2,349.43
192035 A.Y. NURSERY INC 12,121.88
192036 ABBOTT, CELIA 195.00
192037 ADVANCED WORKPLACE STRATEGIES INC 234.35
192038 ALLIANT INSURANCE SERVICES, INC 10,371.00
192039 ALTA LANGUAGE SERVICES INC 66.00
192040 ALTAIR ENGINEERING INC 23,165.00
192041 AMAZON BUSINESS 2,994.50
192042 AMERICAN FORENSIC NURSES 1,021.02
192043 ARIAS DE RAMIREZ, LEONILA 195.00
192044 ATBACKGROUNDS 259.11
192045 AURIGA CORPORATION 1,750.00
2 73
City of Banning
Warrant List July 2024
Warrant Number Vendor Name Warrant Amount
192046 BABCOCK LABORATORIES, INC 1,076.00
192047 BARBARA SINATRA CHILDREN'S CENTER 306.00
192048 BATDORF, JACQUELINE 195.00
192049 BEAUMONT CHERRY VALLEY WATER 1,959.54
192050 BEAUMONT DO IT BEST HOME CENTER 1,339.01
192051 BECERRA, ELADIO 195.00
192052 BIO-TOX LABORATORIES 478.00
192053 BLAIS & ASSOCIATES, LLC 7,985.00
192054 BLEIER, TODD 300.00
192055 BLOOMHUFF, NINA 255.00
192056 BOOTH, CATHY 195.00
192057 BOSTON, LINDA 195.00
192058 CANALES, SILVERIO 195.00
192059 CEDILLO, CHANTAL 2,400.00
192060 CELL BUSINESS EQUIPMENT (CBE) 1,751.53
192061 CINTAS CORPORATION 3,097.02
192062 CLAYTON, NETA 65.00
192063 COLLINS, ELIZABETH 195.00
192064 CONCENTRA MEDICAL CENTERS 458.00
192065 CORE & MAIN, LP 327.28
192066 CORNERSTONE DEVELOPMENT CO. 63,610.00
192067 COUNSELING TEAM INTERNATIONAL, THE 910.00
192068 CRABTREE, JEFFREY 195.00
192069 CRAIN, MARK 195.00
192070 CTC TECHNOLOGY AND ENERGY 76,803.25
192071 DE LA HOYA, JUAN 32.50
192072 DLT SOLUTIONS, LLC 18,256.03
192073 ECCLESTONE, CHERYL 195.00
192074 ELECTRIC POWER SYSTEMS INT, INC. 45,143.00
192075 ELLIOTT, PATRICIA 195.00
192076 ENTERPRISE RENT-A-CAR 190.70
192077 ESTERSON, LORI 195.00
192078 ETHIER, GREG 195.00
192079 FALTO, CONSTANCE 195.00
192080 FAST LUBE & TUNE 190.56
192081 FLETCHER, CORAL 195.00
192082 FLETCHER, TERRI 195.00
192083 FLORES, IRMA 65.00
192084 FLYNN, SHERI 60.00
192085 GAS COMPANY, THE 24.96
192086 GREYBAR PRINTING 193.14
192087 GUZMAN, SUSANA 195.00
192088 HALLOCK, DENNIS 195.00
192089 HARDY & HARPER, INC 28,920.00
192090 HARRIS, ANNE 65.00
192091 HEISS, SUZANNA 195.00
192092 HEMET VALLEY TOOL, INC 117.78
192093 HERRERA, SANDRA 195.00
192094 HOME DEPOT #8987 13.77
192095 HOPKINS, VICKI 195.00
192096 INDEPENDENT REVIEW INVESTIGATIONS 3,450.00
192097 INNOVATIVE FEDERAL STRATEGIES 4,500.00
192098 JNE POLYGRAPH LLC 425.00
3 74
City of Banning
Warrant List July 2024
Warrant Number Vendor Name Warrant Amount
192099 JOE A GONSALVES & SON 3,850.00
192100 JORGE NEGRETE 214.50
192101 KAKISH, BISHARA 195.00
192102 KEMIRA WATER SOLUTIONS INC 4,736.02
192103 KOLLER, MARIE 195.00
192104 LAND ENGINEERING CONSULTANTS, INC 6,000.00
192105 LEXISNEXIS RISK SOLUTIONS 112.55
192106 LOFTIS, MILDRED 195.00
192107 MACIEL, JOSE 195.00
192108 MARIPOSA LANDSCAPES, INC 9,500.36
192109 MASTEN, STAR 195.00
192110 MC ARRON, SUSAN 195.00
192111 MCFARLAND, DARLENE 195.00
192112 MERAS, DAVID 195.00
192113 MERLIN JOHNSON CONSTRUCTION, INC 3,024.00
192114 MEZA, TOMMY & GLORIA 195.00
192115 MICHAEL BAKER INTERNATIONAL, INC 29,190.00
192116 MIDDLETON, SHARON 195.00
192117 MILLER, NINA 195.00
192118 MIXON, FRANKLEN 17.25
192119 MNS ENGINEERS INC 1,240.00
192120 MOLINA, JUANA 195.00
192121 MY COI LLC 800.00
192122 MYERING, NEAL 195.00
192123 NHA ADVISORS, LLC 2,243.75
192124 N2W ENGINEERING, INC 55,084.00
192125 OERTEL, ERICH 17.25
192126 PACKHAM & TOOMEY, INC 125.00
192127 PATTON, CAROLINE 75.04
192128 PAYPRO ADMINISTRATORS 115.00
192129 PETRUCCI, TERESA 195.00
192130 PETTY CASH CUSTODIAN-SR CENTER 27.71
192131 POULTER, HANNAH 17.25
192132 POWER MONITORS, INC 995.00
192133 PRE-PAID LEGAL SERVICES, INC 313.91
192134 PRESCOTT, KEVIN 17.25
192135 PRUITT, CARMEN 195.00
192136 RECORD GAZETTE, THE 792.77
192137 RICK ENGINEERING COMPANY 33,287.90
192138 RINALDI, LORETTA 195.00
192139 RINCON CONSULTANTS, INC. 3,505.25
192140 RIOS, MARIA FRANCISCO 97.50
192141 RISCHARD, ROBERT 195.00
192142 RIVERA, KATHLEEN 195.00
192143 ROBERT HALF INTERNATIONAL 1,391.04
192144 ROCHA, MARGARET 195.00
192145 RODRIGUEZ, SANDRA 65.00
192146 SIQUEIROS, JUANA 195.00
192147 SKILLS, INC 4,800.00
192148 STATE OF CALIFORNIA DOJ 70.00
192149 STOCKTON CONSULTING 1,237.50
192150 STONE, IDA 195.00
192151 TAPIA, SALOMON 195.00
4 75
City of Banning
Warrant List July 2024
Warrant Number Vendor Name Warrant Amount
192152 CHARTER COMMUNICATIONS 269.20
192153 TURBO DATA SYSTEMS INC 155.56
192154 VALDEZ JR, MARY ALICE & ANTONIO 195.00
192155 VALENCIA, MARIBEL 195.00
192156 VELA, ARTURO M 195.00
192157 VISION SECURITY SYSTEMS 1,970.00
192158 WESTERN WATER WORKS SUPPLY CO 2,198.10
192159 WILBUR'S POWER EQUIPMENT 978.32
192160 WILLIAMS SCOTSMAN, INC 1,611.94
192161 YOUNG, CHRISTY 195.00
192162 YUNEX, LLC 1,514.03
192163 ZOELLER, SUSAN 195.00
192164 908 DEVICES INC 76,299.23
192165 AIM PROPERTY MANAGEMENT 188.97
192166 ALL STAR ELITE SPORTS 1,239.80
192167 AMAZON BUSINESS 945.35
192168 BEAUMONT DO IT BEST HOME CENTER 22.57
192169 BUDD-FALEN LAW OFFICES, LLC. 1,470.00
192170 CAMPA, ERIC 851.00
192171 CANO, ALONDRA 97.50
192172 CARRILLO, ROSEMARY & JOSE 111.25
192173 CASC ENGINEERING AND CONSULTING INC 12,168.50
192174 CINTAS CORPORATION 172.80
192175 CITY OF BANNING UTILITIES OPV 190.11
192176 CURRY, ANITA 317.00
192177 CYBERTIME NETWORK COMMUNICATIONS 500.00
192178 DE LA CRUZ, MARGARET 121.92
192179 DELL MARKETING LP 4,981.70
192180 DEPT. OF INDUSTRIAL RELATIONS 682.50
192181 DEUSENBERRY, DANIEL 15.75
192182 ELECTROMARK COMPANY 1,337.59
192183 FRANK BRANDT 400.00
192184 FRONTIER COMMUNICATIONS 324.21
192185 GAETE, LUZMA 45.77
192186 GAS COMPANY, THE 1,460.75
192187 GRAINGER 363.54
192188 H & L CHARTER CO, INC 4,201.50
192189 IBEW LOCAL 47 RETIREE MEDICAL TRUST 3,051.40
192190 INDEPENDENT REVIEW INVESTIGATIONS 2,250.00
192191 INTERNATIONAL PAVING SVCS 243.39
192192 IPARAGUIRRE, JENNIE 48.47
192193 IRON MOUNTAIN INFORMATION MGMT, LLC 142.27
192194 LARA, TORIBIO 195.00
192195 MARIPOSA LANDSCAPES, INC 10,291.52
192196 MARTINEZ, JAMES 166.68
192197 MEDRANO, DORA A & YASMIN A 8.00
192198 MORENO, ANGELA 195.00
192199 MORGAN, MICHEL 70.01
192200 PARS 2,444.94
192201 PITTMAN, DAVID 195.00
192202 PLAYHOUSE BOWL ASSOCIATION, INC. 12,500.00
192203 POULTER, HANNAH 1,782.00
192204 PYRO SPECTACULARS, INC 16,000.00
5 76
City of Banning
Warrant List July 2024
Warrant Number Vendor Name Warrant Amount
192205 RAM DEVELOPMENT LLC 93.74
192206 RIV. CO. REGIONAL PARK & OPEN SPACE 196.00
192207 ROBERT HALF INTERNATIONAL 1,477.98
192208 MORENO, MELBA 195.00
192209 ROY BROWN 342.57
192210 SITEONE LANDSCAPE SUPPLY 746.95
192211 SMART & FINAL 682.82
192212 STAGECOACH DAYS ASSOCIATION 30,500.00
192213 STAPLES BUSINESS ADVANTAGE 500.80
192214 STATE OF CALIFORNIA DOJ 392.00
192215 STOCKMAN, JULIA 455.00
192216 TELEPACIFIC COMMUNICATIONS 1,560.86
192217 TERMINIX COMMERCIAL 772.00
192218 THOMPSON COBURN, LLP 4,028.47
192219 CHARTER COMMUNICATIONS 40.11
192220 U.S. BANK 3,757.50
192221 VERIZON WIRELESS SERVICES, LLC 13,729.09
192222 VILLEGAS, JOSE 315.00
192223 WELDOR'S SUPPLY AND STEEL 4,500.00
192224 WILLDAN ENGINEERING 248,376.25
9007932 CA. ST. EMPLOYMENT DEV. DEPT. 61,651.00
9007933 INTERNAL REVENUE SERVICE 308,681.75
9007934 TASC 1,111.46
9007935 WELLS FARGO BANK 300.00
9007936 INTERNAL REVENUE SERVICE 25,369.67
9007937 CORPORATION SERVICE COMPANY 14.00
9007938 CA. ST. EMPLOYMENT DEV. DEPT. 4,943.91
9007939 CORPORATION SERVICE COMPANY 21.00
9007940 EMPOWER ANNUITY INSURANCE COMPANY 191.55
9007941 EMPOWER ANNUITY INSURANCE COMPANY 51,905.07
9007942 WELLS FARGO CARD SERVICES INC 44,215.31
9007943 CORPORATION SERVICE COMPANY 283.00
9007944 AMERICAN FIDELITY ASSURANCE 7,554.16
9007945 CA. ST. PUBLIC EMPLOYEES 183,851.76
9007946 CA. ST. PUBLIC EMPLOYEES 6,683.09
9007947 CA. ST. PUBLIC EMPLOYEES 169,894.18
9007948 WELLS FARGO BANK 641,126.03
9007949 CA. ST. EMPLOYMENT DEV. DEPT. 45,431.13
9007950 INTERNAL REVENUE SERVICE 238,749.83
9007951 TASC 1,111.46
9007952 WELLS FARGO BANK 300.00
9007953 WINDSTREAM SERVICES, LLC 986.86
9007954 WINDSTREAM SERVICES, LLC 5,736.98
9007955 WINDSTREAM SERVICES, LLC 965.31
9007956 WELLS FARGO BANK 128,781.93
9007957 INTERNAL REVENUE SERVICE 957.56
9007958 CA. ST. EMPLOYMENT DEV. DEPT. 6,992.28
9007959 EMPOWER ANNUITY INSURANCE COMPANY 45,277.96
9007960 INTERNAL REVENUE SERVICE 35,612.03
9007961 CA. ST. PUBLIC EMPLOYEES 167,832.85
9007962 CA. ST. BOARD OF EQUAL. - FUEL 487.00
9007963 CA. ST. PUBLIC EMPLOYEES 2,550,194.00
9007964 CA. ST. PUBLIC EMPLOYEES 1,582,317.00
6 77
City of Banning
Warrant List July 2024
Warrant Number Vendor Name Warrant Amount
9007965 CA. ST. PUBLIC EMPLOYEES 8,406.00
9007966 CA. ST. PUBLIC EMPLOYEES 5,113.00
9007967 WELLS FARGO BANK 630,565.43
9007968 CA. ST. EMPLOYMENT DEV. DEPT. 45,358.15
9007969 INTERNAL REVENUE SERVICE 243,847.85
9007970 TASC 1,111.46
9007971 WELLS FARGO BANK 300.00
Grand Total 14,165,526.71
Less Voided / Reissued Checks from Prior
Period -
Less Voided Checks Prior Period (251.11)
Add Payroll Checks 27,804.26
Total Remittance for Month 14,193,079.86
7 78
City of Banning
Warrant List Detail July 2024
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount 1146 7/22/2024 RIVERSIDE PUBLIC UTILITIES 291 670-7000-331.20-01 INTEREST REVENUE REVENUE REC'D IN JUN 2024 (4,526.80) 670-7000-356.38-10 ENERGY REVENUE REVENUE REC'D IN JUN 2024 (737.18) 670-7000-356.38-17 CRR REVENUE REVENUE REC'D IN JUN 2024 (1,317.77) 670-7000-356.38-20 TRANS REVENUE REVENUE REC'D IN JUN 2024 (64,214.89) 670-7010-473.27-09 S&D EXPENSE PAID DURING JUN 2024 51,224.00 670-7010-473.27-50 CAPACITY EXPENSE PAID DURING JUN 2024 971,779.48 670-7010-473.27-60 ENERGY EXPENSE PAID DURING JUN 2024 150,720.05 670-7010-473.27-70 TRANS EXPENSE PAID DURING JUN 2024 369,914.90 191941 7/12/2024 AED ENERGY SERVICES LLC 44000523 032755 702-3800-480.33-11 SUPPORT FOR CNG STATION 8,172.50 191942 7/12/2024 AMAZON BUSINESS 1GHQ-MQJV-DQHD 032293 660-6300-471.41-46 FUEL TANK LOCK 47.95 191943 7/12/2024 AMERICAN FIDELITY ASSURANCE JUNE 2024 001-0000-204.30-00 WHOLE/TERM LIFE JUNE 2024 7,791.08 001-0000-204.80-02 CANCER POLICY JUNE 2024 3,943.74
001-0000-204.80-09 ACCIDENT POLICY JUNE 2024 3,812.70
001-0000-204.80-11 DISABILITY-SUPP STD JUNE 2024 6,791.32 001-0000-204.80-12 CRITICAL ILLNESS JUNE 2024 1,976.16
001-0000-204.80-16 GRP HOSP INDEMITY JUNE 2024 1,176.14 191944 7/12/2024 ANDAYA, NELIA M 000110287 001-0000-218.22-22 UB CR REFUND-FINALS 000000792 12.77 191945 7/12/2024 ARCE, PAUL JUNE 2024 001-4000-461.23-15 GUITAT INSTRUCTION JUNE 2024 168.00 191946 7/12/2024 AT&T CALNET 2 000021890569 001-2200-421.26-05 MONTHLY SVC 5/22/24-6/21/24 192.96 000021936587 001-2200-421.26-05 MONTHLY SERVICE 6/1/24-6/30/24 452.44 000021937434 001-2200-421.26-05 MONTHLY SERVICE 6/1/24-6/30/24 103.18 000021937690 001-2200-421.26-05 MONTHLY SERVICE 6/1/24-6/30/24 212.14 191947 7/12/2024 ATWORK PERSONNEL SERVICES 280748 001-2200-421.23-07 TEMP EMPLOYEE M BOND-PD 285.13 281333 001-2200-421.23-07 TEMP EMPLOYEE M BOND-PD 285.13 191948 7/12/2024 BABCOCK LABORATORIES, INC CF40601-0030 032373 660-6300-471.23-32 GENERAL PHYSICAL ANALYSIS 84.00 CF40608-0030 032373 680-8000-454.23-32 TDS ANALYSIS 36.00 CF40630-0030 032373 680-8000-454.23-32 WASTEWATER TESTING 1,461.21 191949 7/12/2024 BANNING POLICE OFFICERS ASSOC. JUNE 2024 001-0000-204.50-00 POLICE OFFICER ASSOC DUES JUNE 2024 2,760.30 191950 7/12/2024 BEAUMONT DO IT BEST HOME CENTER 544126 032304 704-3200-412.30-02 WINDOW TOOL 23.25 544370 032304 704-3200-412.30-02 SPONGES 9.24
544494 032304 704-3200-412.30-02 FILTERS 37.66
191951 7/12/2024 BEAUMONT SAFE & LOCK 77115 032370 704-3200-412.30-02 LATCH REPAIR 109.00 191952 7/12/2024 BENAVIDES, SUSIE TRAVEL 6/27-28 001-1300-412.23-05 EMPLOYMENT LAW CONF MEALS 6/27-28 183.32 191953 7/12/2024 BENHAR, DIANA T JUNE 2024 001-4000-461.23-15 ZUMBA INSTRUCTION JUNE 2024 280.00 001-4010-461.23-15 AQUA ZUMBA INSTRUCTION JUNE 2024 462.00 191954 7/12/2024 BIBBO, ROBERT & MARCIA 000024177 001-0000-218.22-22 UB CR REFUND 000023392 253.21 191955 7/12/2024 BOUSLOG, STACY EYEWEAR FY24 761-3100-480.25-10 EMPLOYEE EYEWEAR TEAMSTERS-BOUSLOG 300.00 191956 7/12/2024 CALIFORNIA DEPT OF TAX AND FEE ADMN APR-JUN 2024 670-7010-473.27-08 QUARTERLY ENERGY TAXES APRIL - JUNE 2024 9,604.00 191957 7/12/2024 CALIFORNIA LAW ENFORCE ASSN JULY 2024 001-0000-204.80-13 POLICE LTD PREMIUMS JULY 2024 1,056.00 191958 7/12/2024 CALIFORNIA-NEVADA J.A.T.C. 2307 670-7000-473.23-06 2ND YR APPRENTICE LINEMAN B MITCHELL 8,000.00 2ND YR APPRENTICE LINEMAN J PALENCIA 8,000.00
2ND YR APPRENTICE LINEMAN R BASTIN 8,000.00
2ND YR APPRENTICE LINEMAN Z LOPEZ 8,000.00
191959 7/12/2024 CAMPA, ERIC PARKING 6/2-4 001-2200-421.23-06 ARIDE/CHP PARKING 6/2-4 CAMPA 66.00 191960 7/12/2024 CASC ENGINEERING AND CONSULTING INC 0051376 032079 100-4900-431.90-10 DESIGN OF SAN G & RLROAD 4,628.75 191961 7/12/2024 CASTANEDA, SANDRA EYEWEAR FY24 001-2800-441.25-10 EMPLOYEE EYEWEAR IBEW GEN-CASTENEDA 250.00 191962 7/12/2024 CHANDLER ASSET MANAGEMENT INC 2406BANNING 032081 001-4500-412.33-11 ASSET AND INVESTMENT MGMT JUNE 2024 2,036.94 191963 7/12/2024 CINTAS CORPORATION 4195737285 032322 660-6300-471.25-02 UNIFORM-WATER 197.62 680-8000-454.25-02 UNIFORM-WASTEWATER 59.47
4196423106 032322 660-6300-471.25-02 UNIFORM-WATER 197.62 680-8000-454.25-02 UNIFORM-WASTEWATER 59.47
191964 7/12/2024 CITY OF BANNING (BNG) FC A&E JUL24 001-2200-421.32-02 HANGAR FC A&E JULY 2024 383.20 FC B-5 JUL24 705-4500-412.32-06 HANGAR FC B-5 JULY 2024 185.89 FC D-2 JUL24 001-3000-442.32-02 HANGAR FC D-2 JULY 2024 197.57 191965 7/12/2024 CORE & MAIN, LP S791236 660-0000-131.00-00 20" WELD FLANGE/20" VALVE PO NUM 032355 7,106.12 U211956 660-0000-131.00-00 GALV PLUG/AQUA SHIELDS PO NUM 032355 3,098.89 U868085 660-0000-131.00-00 4X7-1/2 REP CLPS PO NUM 032355 336.89 U917170 660-0000-131.00-00 MTR GASKET/ VALVE PO NUM 032355 198.26 1 79
City of Banning
Warrant List Detail July 2024
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount 191965 45485 CORE & MAIN, LP U933517 660-0000-131.00-00 INVENTORY PO NUM 032355 824.60 191966 7/12/2024 CORE-ROSION PRODUCTS C2024242 032831 660-6300-471.45-06 2500 DBL WALL SAFE TANK 23,968.98 191967 7/12/2024 COUTS HEATING & COOLING, INC 10070 032374 704-3200-412.30-21 SERVICE CALL-FIRE ADMIN 480.00 191968 7/12/2024 DELTA DENTAL INSURANCE COMPANY JUNE 2024 001-0000-204.32-00 DENTAL-HMO ADJ JUNE 2024 19.05 DENTAL-HMO JUNE 2024 936.87
191969 7/12/2024 DELTA DENTAL OF CALIFORNIA JUNE 2024 001-0000-204.32-00 DENTAL PPO JUNE 2024 7,614.07 191970 7/12/2024 DOBBINS, DEANN LOUISE JUNE 2024 001-4000-461.23-15 SPECIAL NEEDS CLASS JUNE 2024 117.60 191971 7/12/2024 DUDEK 202403138 031985 660-0000232.00-00 WELL M12A DESIGN RETAINAGE (1,974.31) 660-6300-471.95-08 WELL M12A DESIGN 19,743.05
202404082 031985 660-0000232.00-00 WELL M12A DESIGN RETAINAGE (10,101.47) 660-6300-471.95-08 WELL M12A DESIGN 101,014.69
191972 7/12/2024 EIDE BAILLY LLP EI01710168 032876 001-1900-412.33-11 YEAR END CLOSE-JUNE 2024 8,066.75 191973 7/12/2024 FAST LUBE & TUNE 112326 032454 702-3800-480.30-05 MOTOR OIL/FILTER #502 67.47 113277 032454 702-3800-480.30-05 MOTOR OIL/FILTER #804 63.16 113293 032454 702-3800-480.30-05 MOTOR OIL/FILTER #90 71.78 113408 032454 702-3800-480.30-05 MOTOR OIL/FILTER #437 74.02 113458 032454 702-3800-480.30-05 MOTOR OIL/FILTER #503 67.47 191974 7/12/2024 FRONTIER COMMUNICATIONS 2131817186JUN24 703-3700-480.30-17 213-181-7186 6/19/24-7/18/24 473.74 9511970620JUL24 001-2200-421.26-05 951-197-0620 6/27/24-7/26/24 576.68 9519220196JUN24 001-2200-421.26-05 951-922-0196 6/16/24-7/15/24 1,191.78 191975 7/12/2024 G & G ENVIRONMENTAL COMPLIANCE, INC BANNING-0624 032642 680-8000-454.23-40 PRETREATMENT FOG-LABOR 100.00 191976 7/12/2024 GAS COMPANY, THE 13392459007JN24 600-5100-435.26-06 408 S HATHAWAY 5/20-24-6/19/2024 28.72 191977 7/12/2024 GREEN DREAM INTERNATIONAL LLC GDIAH-032412-10 032412 660-6300-471.45-17 CLASS II BASE AND SAND 694.89 191978 7/12/2024 HAAKER EQUIPMENT COMPANY W1A8JN 032327 680-8000-454.45-16 LABOR/PARTS 2,109.25 191979 7/12/2024 HARGROVE, JOHN EYEWEAR FY24 761-3110-480.25-10 EMPLOYEE EYEWEAR IBEW UTILITY-HARGROVE 75.25 191980 7/12/2024 HAZEN AND SAWYER 20062-003-1 032865 660-6300-471.33-11 WWTP CHRONIUM 6 TRTMNT 442.50 191981 7/12/2024 HERNANDEZ, CARLA JUNE 2024 001-4000-461.23-15 KARATE INSTRUCTION JUNE 2024 875.00 191982 7/12/2024 HUERTA JR., GILBERT JUNE 2024 001-4000-461.23-15 KUNG-FU/TAI CHI JUNE 2024 420.00 191983 7/12/2024 HUERTA LOPEZ, TUNNIA A JUNE 2024 001-4000-461.23-15 DANZA FOLKLOR MEXICANO JUNE 2024 280.00 191984 7/12/2024 I.B.E.W. LOCAL 47 JUNE 2024 001-0000-204.53-00 GEN/UTILITY DUES JUNE 2024 10,837.30 191985 7/12/2024 I.B.E.W. LOCAL 47 (PAC) JUNE 2024 001-0000-204.80-01 PAC DUES JUNE 2024 40.00 191986 7/12/2024 IBEW LOCAL 47 RETIREE MEDICAL TRUST 20240712 001-0000-204.80-10 PAYROLL SUMMARY 3,042.63 191987 7/12/2024 IN GEAR TECHNOLOGY 0220242 702-3800-480.30-05 LABOR/PARTS #061 032700 4,171.76 191988 7/12/2024 KEN GRODY FORD REDLANDS 278112 032317 702-3800-480.30-05 SERVICE/REPAIRS #839 1,939.35 191989 7/12/2024 KIMLEY-HORN AND ASSOCIATES, INC 28213678 032799 001-3600-461.90-05 LIONS PARK WA IRR DESIGN 35,535.00 191990 7/12/2024 KOLLER, MARIE JUNE 2024 001-4000-461.23-15 DRAMA INSTRUCTION JUNE 2024 12.60 191991 7/12/2024 LIEBERT CASSIDY WHITMORE 263970 700-5300-480.33-04 GENERAL BA060-00001 6,032.00 263972 700-5300-480.33-04 BENEFIT ADVICE BA060-00048 1,611.00 263973 700-5300-480.33-04 HEALTH REOPENER NEG BA060-00053 7,074.50 263975 700-5300-480.33-04 ERMA BA060-00056 5,767.00
191992 7/12/2024 LIVINGSTON, TODD EYEWEAR FY24 670-7000-473.25-10 EMPLOYEE EYEWEAR IBEW UTILITY-LIVINGSTON 250.00 191993 7/12/2024 MANCIA, CLAUDIA MILEAGE 6/13 761-3100-480.25-05 ELDER & DEPENDENT ABUSE MILEAGE 6/13 MANCIA 40.87 191994 7/12/2024 MIKE ROQUET CONSTRUCTION, INC. 0118-24B 032708 660-0000-232.00-00 2HR DELAY TIME RETAINAGE (69.60) 660-6300-471.45-08 2HR DELAY TIME 1,392.00
0401-25 032708 660-0000-232.00-00 5% FINAL RETENTION INV #0118-24 1,319.35 0401-26 032609 660-0000-232.00-00 5% FINAL RETENTION INV# 0202-164CR 646.00 191995 7/12/2024 MILSOFT UTILITY SOLUTIONS, INC 20243463 670-7000-473.90-49 HOSTED/TEXTING DEDICATED SHORT CODE MONTHLY 1,929.00 191996 7/12/2024 OPENDOOR LABS INC 000098517 001-0000-218.22-22 UB CR REFUND-FINALS 000051310 131.73 191997 7/12/2024 PACKHAM & TOOMEY, INC 2024111 032542 600-5100-435.30-06 MONTHLY/ANNUAL SPCC 270.00 191998 7/12/2024 PARKHOUSE TIRE, INC. 2010903241 032427 702-3800-480.30-05 WHEEL REPAIR-UNIT #832 1,493.07 2010903598 032427 702-3800-480.38-52 WHEEL REPAIR #235 398.12 2010904173 032427 702-3800-480.38-52 PURSUIT WHEEL REPAIR 271.52 2010904976 032427 702-3800-480.38-52 PURSUIT WHEEL REPAIR 521.32 191999 7/12/2024 PARS 20240712 001-0000-204.25-00 PAYROLL SUMMARY 2,465.43 192000 7/12/2024 PARTS AUTHORITY 062-312096 032423 702-3800-480.38-52 PAD/ROTORS #50 971.93 062-320159 032423 702-3800-480.38-52 12 VOLT COMMERT #223 573.19 062-322540 032423 702-3800-480.38-52 CRC SILICON #246 5.01 070-041320 032423 702-3800-480.38-52 MOTORAD HOUSING #1002 48.38 2 80
City of Banning
Warrant List Detail July 2024
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount 192000 45485 PARTS AUTHORITY 091-059721 032423 702-3800-480.38-52 12 VOLT PASS CREDIT (23.71) 091-059726 032423 702-3800-480.38-52 GLASS CLNR/ALTR CREDIT (272.19) 091-059740 032423 702-3800-480.38-52 BATT CORE CREDIT (106.67) 091-059745 032423 702-3800-480.38-52 BATT CORE CREDIT (106.67) 091-059766 032423 702-3800-480.38-52 DOT 3 32OZ SHOP-RETURN (12.18) 091-331954 032423 702-3800-480.38-52 GLOVES 285.11
091-331957 032423 702-3800-480.38-52 12 VOLT COMMERT #223 573.19 192001 7/12/2024 PETTY CASH CUSTODIAN-COMM SVCS 3443 001-4000-461.36-09 RITE AID 2/9/24 LEGO CLUB CANDY A HOLLIS 6.00 3444 001-4000-461.36-00 FOOD 4 LESS 4/28/24 BBQ LIGHTERS A HOLLIS 8.07 192002 7/12/2024 PUBLIC ENTITY RISK MANAGEMENT INV248 700-0000-101.12-00 WORKERS COMP FY2024-2025 523,279.00 700-0000-201.00-00 APD PROGRAM FY2024-2025 49,735.00
700-5040-480.29-01 PROPERTY PROGRAM FY2024-2025 702,571.00 700-5040-480.29-03 CYBER PROGRAM FY2024-2025 43,074.00
EPL PROGRAM FY2024-2025 252,119.00
LIABILITY PROGRAM FY2024-2025 1,947,681.00
700-5040-480.29-04 CRIME PROGRAM FY2024-2025 2,042.00
700-5040-480.29-10 ADWRP PROGRAM FY2024-2025 1,352.00
192003 7/12/2024 PULVER, JODEANE V JUNE 2024 001-4000-461.23-15 YOGA INSTRUCTION JUNE 2024 175.00 192004 7/12/2024 QU, YANNING 000105553 001-0000-218.22-22 UB CR REFUND-FINALS 000056758 108.31 192005 7/12/2024 QUADIENT POSTAGE FUNDING 782024 705-4500-412.23-04 ADD TO POSTAGE METER 5,000.00 192006 7/12/2024 REPPENHAGEN, JANE MARIE 60367-50672 AC 675-7020-473.42-35 RESIDENTIAL CENTRAL AC SPLIT SYSTEM 2,400.00 192007 7/12/2024 RICHARDS WATSON GERSHON 248444 700-5300-480.33-04 0001 GENERAL SVCS MAY 2024 13,523.67 0005 COMMUNITY DEV MAY 2024 132.00
248445 700-5300-480.33-04 0003 CITY MANAGER MAY 2024 2,750.00 248446 700-5300-480.33-04 0004 CITY CLERK MAY 2024 7,459.09 0010 POLICE DEPARTMENT MAY 2024 330.00
248447 700-5300-480.33-04 0005 COMMUNITY DEV MAY 2024 5,918.00 0021 CODE ENFORCEMENT MAY 2024 66.00
248448 700-5300-480.33-04 0005 COMMUNITY DEV MAY 2024 22.00 0006 COMMUNITY SVCS MAY 2024 748.00
248449 700-5300-480.33-04 0007 ELECTRIC UTILITY MAY 2024 594.00 248450 700-5300-480.33-04 0008 ADMIN SVCS MAY 2024 4,227.20 0021 CODE ENFORCEMENT MAY 2024 44.00
248451 700-5300-480.33-04 0010 POLICE DEPARTMENT MAY 2024 1,713.60 0022 POLICE PERSONNEL MAY 2024 1,770.60
248452 700-5300-480.33-04 0011 PUBLIC WORKS MAY 2024 2,566.80 248453 700-5300-480.33-04 0011 PUBLIC WORKS MAY 2024 110.00 0012 WATER/WASTEWATER MAY 2024 1,254.00
248454 700-5300-480.33-04 0013 PERSONNEL MATTERS MAY 2024 7,527.60 248455 002-0000-222.34-01 0014 BUTTERFIELD TRIPOINTE ATWELL 369.60 002-2800-361.41-02 0014 BUTTERFIELD TRIPOINTE ATWELL (369.60) 002-2800-441.33-04 0014 BUTTERFIELD TRIPOINTE ATWELL 369.60 248456 700-5300-480.33-04 0021 CODE ENFORCEMENT MAY 2024 2,724.81 248457 700-5300-480.33-04 0022 POLICE PERSONNEL MAY 2024 306.00 248458 700-5300-480.33-04 0040 THE FLUME MAY 2024 436.80 248459 700-5300-480.33-04 0061 SOLID WASTE MAY 2024 979.20 248460 002-0000-222.34-01 0062 CFD NO2020-02 ATWELL MAY 2024 36.20 002-2800-361.41-02 0062 CFD NO2020-02 ATWELL MAY 2024 (36.20) 002-2800-441.33-04 0062 CFD NO2020-02 ATWELL MAY 2024 36.20 248461 002-0000-222.31-37 0068 SUNSET CROSSROADS MAY 2024 6,596.10 002-2800-361.41-02 0068 SUNSET CROSSROADS MAY 2024 (6,596.10) 002-2800-441.33-04 0068 SUNSET CROSSROADS MAY 2024 6,596.10 248462 700-5300-480.33-04 0070 BANNING AIRPORT MAY 2024 66.00 248463 002-0000-222.31-51 0078 AVD PASS ACTION GRP MAY 2024 18,895.67 002-2800-361.41-02 0078 AVD PASS ACTION GRP MAY 2024 (18,895.67) 002-2800-441.33-04 0078 AVD PASS ACTION GRP MAY 2024 18,895.67 248464 002-0000-222.31-58 0083 AIRPORT-HILLWOOD MAY 2024 7,257.60 002-2800-361.41-02 0083 AIRPORT-HILLWOOD MAY 2024 (7,257.60) 3 81
City of Banning
Warrant List Detail July 2024
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount 192007 7/12/2024 RICHARDS WATSON GERSHON 248464 002-2800-441.33-04 0083 AIRPORT-HILLWOOD MAY 2024 7,257.60 248465 700-5300-480.33-04 0087 PEOPLE VS ALEX LARA MAY 2024 31.34 192008 7/12/2024 RILEY, ANTHONY REIMB 7/3/2024 001-1200-412.36-00 FOAM CORE-FRAME SIGNS 86.64 192009 7/12/2024 RIVERSIDE COUNTY SHERIFF-PSEC PE0000001878 001-2200-421.26-07 CNTY OF RIV PUBLIC SAFETY JUNE 2024 4,865.29 192010 7/12/2024 RIVERSIDE UNIVERSITY HEALTH SYSTEM 2024-06 001-2200-421.33-31 EXAMINATION #24-1279 1,200.00 192011 7/12/2024 SAN BERNARDINO PUBLIC EMPLOYEES JUNE 2024 001-0000-204.51-00 TEAMSTER DUES JUNE 2024 2,824.86 192012 7/12/2024 SAN GORGONIO PASS WATER AGENCY 24-00284 660-6300-471.27-14 STATE PROJ WATER DELIVERY MAY 2024 399,000.00 192013 7/12/2024 SCA OF CA, LLC 158341PS 031802 100-4900-431.33-11 STREET SWEEPING SRVCS 10,080.00 192014 7/12/2024 SO CAL JOINT POLE COMMITTEE 22225 670-7000-473.27-11 OPERATING EXPENSES JUNE 2024 1,090.30 192015 7/12/2024 SONSRAY FLEET SERVICES SWO127057-1 702-3800-480.30-05 R&R MICRO REPAIR #242 032551 1,625.23 192016 7/12/2024 SOUTH COAST AIR QUALITY 4352031 001-2200-421.41-04 AQMD FEE JUL2023-JUN2024 STATE FEE JUL2023-JUN2024 161.81 192017 7/12/2024 SOUTHERN CALIF ASSN OF GOVERNMENTS SCAG FY25 0018 001-1000-411.23-03 DUES FISCAL YR 2024-2025 4,600.00 192018 7/12/2024 STAFFORD, CHERYL REIMB 6/28/24 001-1300-412.23-04 USPS-EXPRESS FINAL CHECK 30.45 192019 7/12/2024 STATE WATER RESOURCES CONTROL FY25 CERT 26310 660-6300-471.41-04 DRINKING WATER TRTMNT OP GRADE 4 LOGAN 26310 105.00 192020 7/12/2024 STOCKMAN, JULIA JUNE 2024 001-4000-461.23-15 BALLET INSTRUCTION JUNE 2024 490.00 192021 7/12/2024 TASC IN2836494 001-1300-412.33-11 FSA ADMIN FEES 10/1/23-12/31/23 1,292.31 FSA CLAIM CARD FEES 10/1/23-12/31/23 398.40
IN2932699 001-1300-412.33-11 FSA ADMIN FEES 1/1/24-3/31/24 1,261.17 IN3061311 001-1300-412.33-11 FSA ADMIN FEES 4/1/24-6/30/24 1,209.18 IN3113656 001-1300-412.33-11 FSA ADMIN FEES 7/1/24-9/30/24 1,209.18 FSA RENEWAL FEE 7/1/24-6/30/2025 360.42
192022 7/12/2024 TEXAS LIFE INSURANCE COMPANY JUNE 2024 001-0000-204.30-00 TEXAS LIFE INS JUNE 2024 6,324.36 192023 7/12/2024 TIME WARNER CABLE 0332241062524 670-7000-473.26-07 FIBER OPTIC INTERNET 6/25/24-7/24/24 987.85 192024 7/12/2024 CHARTER COMMUNICATIONS 0051007062524 001-2060-446.26-09 CITY HALL 6/25/24-7/24/24 105.65 192025 7/12/2024 TRENCH SHORING COMPANY SI20005175 032226 660-6300-471.32-05 TOOLS/LABOR 305.42 192026 7/12/2024 UNITED WATER WORKS, INC S100130593.001 660-0000-131.00-00 TOOLS/SUPPLIES PO NUM 032200 6,853.17 S100131489.001 660-0000-131.00-00 4"X3" WEDDING BAND PO NUM 032200 239.44 192027 7/12/2024 VULCAN MATERIALS 74030068 032358 660-6300-471.45-17 COLD MIX 2,589.45 192028 7/12/2024 WALKER, LORRAINE TRAVEL 6/27-28 001-1300-412.23-05 EMPLOYMENT LAW CONF MEALS 6/27-28 163.32 192029 7/12/2024 WESTERN WATER WORKS SUPPLY CO 1408614-01 660-0000-131.00-00 JONES HYDRANT REPAIR KIT PO NUM 032418 3,384.65 1409058-00 660-0000-131.00-00 TOOLS/SUPPLIES PO NUM 032418 1,293.75 1409195-00 660-0000-131.00-00 MTR VALVE/20FT BRZ PIPE PO NUM 032418 2,904.94 192030 7/12/2024 WITTMAN ENTERPRISES, LLC 240601202 032553 001-2400-422.33-11 BILLING SVCS PERFORMED JUNE 2024 3,301.50 192031 7/12/2024 XYLEM WATER SOLUTIONS USA, INC 3556D28025 032875 680-8000-454.30-06 SWR PUMP FOR WESTWARD STN 23,782.67 192032 7/12/2024 YARYAN, MARY MEALS 7/14-19 001-2800-441.23-05 ESRI ARCGIS CONF MEALS 7/14-19 YARYAN 355.25 192033 7/12/2024 YUNEX, LLC 5610000554 032407 100-4900-431.30-09 TRAFFIC SIGNAL CALL OUTS 3,610.25 5610000824 032407 100-4900-431.30-09 TRAFFIC SIGNAL CALL OUTS 926.62 5610001158 032407 100-4900-431.30-09 TRAFFIC SIGNAL CALL OUTS 4,488.00 5610001338 032407 100-4900-431.30-09 TRAFFIC SIGNAL CALL OUTS 163.00 5610001704 032407 100-4900-431.30-09 TRAFFIC SIGNAL CALL OUTS 2,001.53 90000794 032407 100-4900-431.30-09 TRAFFIC SIGNAL MAINT 648.00 90001121 032407 100-4900-431.30-09 TRAFFIC SIGNAL MAINT 648.00 90001354 032407 100-4900-431.30-09 TRAFFIC SIGNAL MAINT 648.00 90001509 032407 100-4900-431.30-09 TRAFFIC SIGNAL MAINT 648.00 90001792 032407 100-4900-431.30-09 TRAFFIC SIGNAL MAINT 648.00 192034 7/12/2024 ZENNER PERFORMANCE METERS, INC 0087956-IN 660-0000-131.00-00 FIRE HYDRANT METER/LOCK PO NUM 032207 2,349.43 192035 7/18/2024 A.Y. NURSERY INC 0126553 032892 810-9700-490.90-60 OPV TREES/ERF-2 GRANT 12,121.88 192036 7/18/2024 ABBOTT, CELIA NOV23-APR24 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192037 7/18/2024 ADVANCED WORKPLACE STRATEGIES INC 622598 001-1300-412.33-32 RANDOM DRUG/ALCOHOL SCRN APR-JUNE 2024 234.35 192038 7/18/2024 ALLIANT INSURANCE SERVICES, INC 2708133 700-5040-480.29-05 24-25 CALIP AIRPORT LIAB #1000233407-08 RENEWAL 10,371.00 192039 7/18/2024 ALTA LANGUAGE SERVICES INC IS727207 001-1300-412.33-11 BILINGUAL TESTING (1) JUNE 2024 66.00 192040 7/18/2024 ALTAIR ENGINEERING INC INVALUS-12706 032151 001-1900-412.30-17 DATA ANALYST - LEASE 7/15/24-7/14/25 23,165.00 192041 7/18/2024 AMAZON BUSINESS 14G3-MDMM-3L36 032295 675-7020-473.41-46 STEM WEEK SUPPLIES 1,105.91 1DXN-N1D7-4X31 032945 001-1400-412.36-00 FRAME FOR RETIREMENT 53.84 1F3M-VQYH-WJLV 032945 001-2060-446.36-00 SANDISK 256GB CARD 125.32 1HFL-DWYH-WHM6 032292 001-1220-412.41-46 BBQ ACCESSORIES-RAFFLE 6.11 1N3J-H3JN-DKRT 032295 675-7020-473.36-00 OFFICE SUPPLIES 74.80 1NH6-Y1VV-3YJY 032945 001-1400-412.36-00 8-TAB DIVIDERS-ELECTIONS 53.85 4 82
City of Banning
Warrant List Detail July 2024
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount 192041 7/18/2024 AMAZON BUSINESS 1RN3-6T7K-1K4G 032299 705-4500-412.36-00 BUSINESS PRIME FEE 1,399.67 1W97-FN69-D1CQ 032294 670-7000-473.36-00 OFFICE SUPPLIES 93.01 1WFG-6TPF-1R4H 032292 001-1210-412.41-46 BBQ ACCESSORIES-RAFFLE 81.99 192042 7/18/2024 AMERICAN FORENSIC NURSES 78822 001-2200-421.33-31 STAND BY FEE AUGUST 2024 32464 1,021.02 192043 7/18/2024 ARIAS DE RAMIREZ, LEONILA NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192044 7/18/2024 ATBACKGROUNDS 4113 001-1300-412.33-11 BACKGROUND SCREENING MAY-JUNE 2024 259.11 192045 7/18/2024 AURIGA CORPORATION 8215 031498 673-7000-473.96-47 TASK 2 ELECTRICAL DESIGN 1,750.00 192046 7/18/2024 BABCOCK LABORATORIES, INC CF40981-0030 032373 660-6300-471.23-32 COLIFORMS 242.00 CF40982-0030 032373 660-6300-471.23-32 GENERAL PHYSICAL ANALYSIS 84.00 CF40983-0030 032373 680-8000-454.23-32 TDS ANALYSIS 36.00 CF41517-0030 032373 660-6300-471.23-32 COLIFORMS 352.00 CF41556-0030 032373 660-6300-471.23-32 COLIFORMS 242.00 CF41557-0030 032373 660-6300-471.23-32 GENERAL PHYSICAL ANALYSIS 84.00 CF41558-0030 032373 680-8000-454.23-32 TDS ANALYSIS 36.00 192047 7/18/2024 BARBARA SINATRA CHILDREN'S CENTER MAY2024 001-2200-421.33-31 MEDICAL EXAMINATION #24-534 #24-446 306.00 192048 7/18/2024 BATDORF, JACQUELINE NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192049 7/18/2024 BEAUMONT CHERRY VALLEY WATER 0005379 660-6300-471.27-14 WELL MAINT REIMBURSEMENT MAY 2024 1,959.54 192050 7/18/2024 BEAUMONT DO IT BEST HOME CENTER 541282 032304 704-3200-412.30-02 3/0 X 6/8 DOOR SLAB 1,055.95 544672 032304 704-3200-412.30-02 TOOLS/SUPPLIES 17.76
545018 032917 001-2400-422.36-00 IRRIGATION SUPPLIES 265.30 192051 7/18/2024 BECERRA, ELADIO NOV23-APR24 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192052 7/18/2024 BIO-TOX LABORATORIES 45991 032466 001-2200-421.33-31 BLOOD ALCOHOL ANALYSIS 96.00 46078 032466 001-2200-421.33-31 BLOOD ALCOHOL ANALYSIS 382.00 192053 7/18/2024 BLAIS & ASSOCIATES, LLC BA_7633_2024 032727 660-6300-471.33-11 PROP 47 GRANT 4,162.50 BA_7754_2024 032723 705-4500-412.33-11 GRANT RESEARCH-PW 3,822.50 192054 7/18/2024 BLEIER, TODD NOV23-APR24 670-7000-357.38-10 MEDICAL DISCOUNT NOV23-APR24 PAYMENTS 120.00 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 180.00 192055 7/18/2024 BLOOMHUFF, NINA NOV23-APR24 670-7000-357.38-10 MEDICAL DISCOUNT NOV23-APR24 PAYMENTS 60.00 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192056 7/18/2024 BOOTH, CATHY NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192057 7/18/2024 BOSTON, LINDA NOV23-APR24 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192058 7/18/2024 CANALES, SILVERIO NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192059 7/18/2024 CEDILLO, CHANTAL 65341-18040 AC 675-7020-473.42-35 REBATE RES CENTRAL AC 2,400.00 192060 7/18/2024 CELL BUSINESS EQUIPMENT (CBE) IN2746756 032335 001-4000-461.30-06 COPIER MAINTENANCE 317.08 660-6300-471.30-06 COPIER MAINTENANCE 60.80
670-7000-473.30-06 COPIER MAINTENANCE 196.43
705-4500-412.30-06 COPIER MAINTENANCE 1,007.25
761-3100-480.30-06 COPIER MAINTENANCE 169.97
192061 7/18/2024 CINTAS CORPORATION 4189997242 032318 670-7000-473.25-02 UNIFORM-ELEC 510.53 4190785351 032318 670-7000-473.25-02 UNIFORM-ELEC 345.53 4191437652 032318 670-7000-473.25-02 UNIFORM-ELEC 361.82 4192130435 032318 670-7000-473.25-02 UNIFORM-ELEC 347.34 4192869033 032318 670-7000-473.25-02 UNIFORM-ELEC 345.53 4193585572 032318 670-7000-473.25-02 UNIFORM-ELEC 362.08 4196423117 032318 670-7000-473.25-02 UNIFORM-ELEC 347.48 4197167538 032319 100-4900-431.25-02 UNIFORM-STREETS 77.92 704-3200-412.25-02 UNIFORM-BUILD MAINT 10.78
4197167576 032432 610-5800-434.25-02 UNIFORM-TRANSIT 119.79 610-5850-434.25-02 UNIFORM-DAR 11.13
4197167646 032322 660-6300-471.25-02 UNIFORM-WATER 197.62 680-8000-454.25-02 UNIFORM-WASTEWATER 59.47
192062 7/18/2024 CLAYTON, NETA NOV23-APR24 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 65.00 192063 7/18/2024 COLLINS, ELIZABETH NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192064 7/18/2024 CONCENTRA MEDICAL CENTERS 83556330 001-1300-412.33-32 PRE-EMPLOYMENT PHYSICALS DOT RE-CERT PHYSICAL 458.00 192065 7/18/2024 CORE & MAIN, LP U965563 660-0000-131.00-00 METER SPUD PO NUM 032355 170.50 V068620 660-0000-131.00-00 BOLT CAP PO NUM 032355 156.78 192066 7/18/2024 CORNERSTONE DEVELOPMENT CO. 2854 032541 673-7000-473.96-39 LINCOLN ST. 22,060.00 2921 032541 673-7000-473.96-54 SUN LAKES RELO 41,550.00 5 83
City of Banning
Warrant List Detail July 2024
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount 192067 7/18/2024 COUNSELING TEAM INTERNATIONAL, THE INV100701 700-5040-480.23-07 EMPLOYEE SUPPORT SERVICES JULY 2024 910.00 192068 7/18/2024 CRABTREE, JEFFREY NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192069 7/18/2024 CRAIN, MARK NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192070 7/18/2024 CTC TECHNOLOGY AND ENERGY SIN003788 032724 673-7000-473.33-11 BROADBAND FEASIBILITY 4/1/2024-4/30/2024 58,515.75 SIN003822 032724 673-7000-473.33-11 BROADBAND FEASIBILITY 5/1/2024-5/31/2024 18,287.50 192071 7/18/2024 DE LA HOYA, JUAN NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 32.50 192072 7/18/2024 DLT SOLUTIONS, LLC SI651225 001-3000-442.30-17 AUTOCAD ANNUAL SUB 5/23/24-5/22/25 32233 477.64 100-4900-431.89-49 AUTOCAD ANNUAL SUB 5/23/24-5/22/25 32233 477.64 660-6300-471.30-17 AUTOCAD ANNUAL SUB 5/23/24-5/22/25 32233 477.64 680-8000-454.30-17 AUTOCAD ANNUAL SUB 5/23/24-5/22/25 32233 477.64 SI656357 032233 670-7000-473.89-49 AUTO CAD SUB/MAINTENANCE 16,345.47 192073 7/18/2024 ECCLESTONE, CHERYL NOV23-APR24 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192074 7/18/2024 ELECTRIC POWER SYSTEMS INT, INC. INV_00151241 031284 673-7000-473.96-25 SAN GORGONIO SUBSTATION MAY 2024 45,143.00 192075 7/18/2024 ELLIOTT, PATRICIA NOV23-APR24 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192076 7/18/2024 ENTERPRISE RENT-A-CAR 108007816868 001-1910-412.23-05 RENTAL CAR- B MASON 7/6/24-7/10/24 190.70 192077 7/18/2024 ESTERSON, LORI NOV23-APR24 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192078 7/18/2024 ETHIER, GREG NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192079 7/18/2024 FALTO, CONSTANCE NOV23-APR24 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192080 7/18/2024 FAST LUBE & TUNE 113127 032454 702-3800-480.30-05 MOTOR OIL/FILTER-#34 63.16 113147 032454 702-3800-480.30-05 MOTOR OIL/FILTER-#38 63.16 113247 032454 702-3800-480.30-05 MOTOR OIL/FILTER-#316 64.24 192081 7/18/2024 FLETCHER, CORAL NOV23-APR24 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192082 7/18/2024 FLETCHER, TERRI NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192083 7/18/2024 FLORES, IRMA NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 65.00 192084 7/18/2024 FLYNN, SHERI REGISTER 7/8 001-1000-411.23-05 RIV CNTY DIVISION MEETING REGISTRATION 7/8 FLYNN 60.00 192085 7/18/2024 GAS COMPANY, THE 12662493001JL24 001-2400-422.26-06 3900 W WILSON 6/6/24-7/8/24 24.96 192086 7/18/2024 GREYBAR PRINTING 2560 032390 001-2200-421.23-02 ENVELOPES 183.44 2671 032390 001-2200-421.23-02 BUSNISS CARDS-HORN 9.70
192087 7/18/2024 GUZMAN, SUSANA NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192088 7/18/2024 HALLOCK, DENNIS NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192089 7/18/2024 HARDY & HARPER, INC 50421 032800 660-6300-471.45-08 ASPHALT PATCHES-SUN LAKES 28,920.00 192090 7/18/2024 HARRIS, ANNE NOV23-APR24 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 65.00 192091 7/18/2024 HEISS, SUZANNA NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192092 7/18/2024 HEMET VALLEY TOOL, INC 179308 032218 660-6300-471.45-16 AUTO PARTS/LABOR 117.78 192093 7/18/2024 HERRERA, SANDRA NOV23-APR24 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192094 7/18/2024 HOME DEPOT #8987 6622306 032314 670-7000-473.45-16 MISC. TOOLS 13.77 192095 7/18/2024 HOPKINS, VICKI NOV23-APR24 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192096 7/18/2024 INDEPENDENT REVIEW INVESTIGATIONS 24-001.2 032853 001-2200-421.33-11 IA 24-001.2 1,050.00 24-002.1 032853 001-2200-421.33-11 IA 24-002.1 2,400.00 192097 7/18/2024 INNOVATIVE FEDERAL STRATEGIES COB062024 032524 705-4500-412.33-11 FEDERAL LOBBYING SERVICES JUNE 2024 4,500.00 192098 7/18/2024 JNE POLYGRAPH LLC 1879 001-1300-412.33-11 PRE-EMPLYMT POLYGRAPH (1) JUNE 2024 425.00 192099 7/18/2024 JOE A GONSALVES & SON 161607 032066 001-1000-411.33-11 STATE LOBBYING SERVICES MAY 2024 1,925.00 705-4500-412.33-11 STATE LOBBYING SERVICES MAY 2024 1,925.00 192100 7/18/2024 JORGE NEGRETE BLD-24-0622 001-2700-351.35-16 REFUND-PERMIT CANCELED 227 S 2ND ST 214.50 192101 7/18/2024 KAKISH, BISHARA NOV23-APR24 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192102 7/18/2024 KEMIRA WATER SOLUTIONS INC 9017843543 032664 680-8000-454.36-08 FERRIC SULFATE SOLUTION 4,736.02 192103 7/18/2024 KOLLER, MARIE NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192104 7/18/2024 LAND ENGINEERING CONSULTANTS, INC 3917 032731 660-6300-471.95-10 WA MAIN RPLCMNT LOC 3 6,000.00 192105 7/18/2024 LEXISNEXIS RISK SOLUTIONS 160860120240630 032332 001-2200-421.30-17 MONTHLY SUBSCRIPTION JUNE 2024 112.55 192106 7/18/2024 LOFTIS, MILDRED NOV23-APR24 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192107 7/18/2024 MACIEL, JOSE NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192108 7/18/2024 MARIPOSA LANDSCAPES, INC 108466 032405 001-2200-421.23-29 LANDSCAPE MAINTENANCE JUNE 2024 2,438.13 001-2400-422.30-01 LANDSCAPE MAINTENANCE JUNE 2024 1,812.00 100-4900-431.23-29 LANDSCAPE MAINTENANCE JUNE 2024 2,918.10 704-3200-412.23-29 LANDSCAPE MAINTENANCE JUNE 2024 2,332.13 192109 7/18/2024 MASTEN, STAR NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192110 7/18/2024 MC ARRON, SUSAN NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192111 7/18/2024 MCFARLAND, DARLENE NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 6 84
City of Banning
Warrant List Detail July 2024
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount 192112 7/18/2024 MERAS, DAVID NOV23-APR24 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192113 7/18/2024 MERLIN JOHNSON CONSTRUCTION, INC 062159 032363 660-6300-471.45-08 WELDING 2,808.00 062161 032363 660-6300-471.45-06 WELD ROLL VALVE 216.00 192114 7/18/2024 MEZA, TOMMY & GLORIA NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192115 7/18/2024 MICHAEL BAKER INTERNATIONAL, INC 1217430 002-0000-222.31-42 MBI SUNSET CROSSROADS 030874 29,190.00 002-2800-361.41-02 MBI SUNSET CROSSROADS 030874 (29,190.00) 030874 002-2800-441.33-11 MBI SUNSET CROSSROADS PERIOD ENDING 6/30/24 29,190.00 192116 7/18/2024 MIDDLETON, SHARON NOV23-APR24 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192117 7/18/2024 MILLER, NINA NOV23-APR24 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192118 7/18/2024 MIXON, FRANKLEN MEALS 7/18/24 001-2200-421.23-06 GOOGLE FOR LAW ENFORCEMNT MEALS 7/18/24 MIXON 17.25 192119 7/18/2024 MNS ENGINEERS INC 86647 032879 001-2800-441.33-11 CEQA TRAINING WORKSHOP 1,240.00 192120 7/18/2024 MOLINA, JUANA NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192121 7/18/2024 MY COI LLC 1412564698 032646 705-4500-412.33-11 2058 ANNUAL COMPLIANCE 800.00 192122 7/18/2024 MYERING, NEAL NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192123 7/18/2024 NHA ADVISORS, LLC 01189 032127 680-8000-454.95-12 BANN 2023-24 CONSULTING 2,243.75 192124 7/18/2024 N2W ENGINEERING, INC 0575 032037 680-8000-454.95-12 WWTP OWNER ADVISOR JUNE 2024 55,084.00 192125 7/18/2024 OERTEL, ERICH MEALS 7/18/24 001-2200-421.23-06 GOOGLE FOR LAW ENFORCEMNT MEALS 7/18/24 OERTEL 17.25 192126 7/18/2024 PACKHAM & TOOMEY, INC 2024265 032542 600-5100-435.30-06 MONTHLY SPCC INSPECTION 125.00 192127 7/18/2024 PATTON, CAROLINE MILEAGE JUN24 001-1400-412.23-05 MASTER MUNICIPAL CLERK MILEAGE 6/24-28 PATTON 75.04 192128 7/18/2024 PAYPRO ADMINISTRATORS 042647 001-1300-412.33-11 COBRA ADMIN SVC JUNE 2024 115.00 192129 7/18/2024 PETRUCCI, TERESA NOV23-APR24 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192130 7/18/2024 PETTY CASH CUSTODIAN-SR CENTER 3553 001-4050-461.36-09 DOLLAR TREE 6/20/24 HAVANNA NIGHTS V PEREZ 27.71 192131 7/18/2024 POULTER, HANNAH MEALS 7/18/24 001-2200-421.23-06 GOOGLE FOR LAW ENFORCEMNT MEALS 7/18/24 POULTER 17.25 192132 7/18/2024 POWER MONITORS, INC I0043397 032845 670-7000-473.95-23 CANVAS REVOLUTION 995.00 192133 7/18/2024 PRE-PAID LEGAL SERVICES, INC JUNE 2024 001-0000-204.80-07 PREPAID LEGAL PREMIUMS JUNE 2024 313.91 192134 7/18/2024 PRESCOTT, KEVIN MEALS 7/18/24 001-2200-421.23-06 GOOGLE FOR LAW ENFORCEMNT MEALS 7/18/24 PRESCOTT 17.25 192135 7/18/2024 PRUITT, CARMEN NOV23-APR24 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192136 7/18/2024 RECORD GAZETTE, THE 00201708 032950 001-1500-412.23-01 NOTICE OF ELECTION 368.58 00201994 032184 001-2800-441.23-01 PHN - DR 21-7008 424.19 192137 7/18/2024 RICK ENGINEERING COMPANY 19973 (5) 032645 660-6300-471.95-10 DESIGN OF RAMSEY-WA MAIN 19,991.50 19973 (6) 032645 660-6300-471.95-10 DESIGN OF RAMSEY-WA MAIN 13,296.40 192138 7/18/2024 RINALDI, LORETTA NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192139 7/18/2024 RINCON CONSULTANTS, INC. 58027 032780 001-2800-441.33-11 BANNING APR SVCS JUNE 2024 3,505.25 192140 7/18/2024 RIOS, MARIA FRANCISCO NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 97.50 192141 7/18/2024 RISCHARD, ROBERT NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192142 7/18/2024 RIVERA, KATHLEEN NOV23-APR24 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192143 7/18/2024 ROBERT HALF INTERNATIONAL 63776144 032886 001-1910-412.23-27 RIOS, SIGRID W/E 6/28/24 1,391.04 192144 7/18/2024 ROCHA, MARGARET NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192145 7/18/2024 RODRIGUEZ, SANDRA NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 65.00 192146 7/18/2024 SIQUEIROS, JUANA NOV23-APR24 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192147 7/18/2024 SKILLS, INC 2452 032816 670-7000-473.23-06 RUBBER GLOVE TRAINING 4,800.00 192148 7/18/2024 STATE OF CALIFORNIA DOJ 750947 032502 001-2200-421.33-31 BLOOD ANALYSIS JUNE 2024 70.00 192149 7/18/2024 STOCKTON CONSULTING 07032024 032888 660-6300-471.90-78 WHITEWATER FLUME RESTOR 7/1/23-6/30/24 1,237.50 192150 7/18/2024 STONE, IDA NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192151 7/18/2024 TAPIA, SALOMON NOV23-APR24 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192152 7/18/2024 CHARTER COMMUNICATIONS 0015614070124 001-2400-422.26-09 172 N MURRAY 7/1/24-7/31/24 35.95 0017099070124 001-2400-422.26-09 3900 W WILSON 7/1/24-7/31/24 233.25 192153 7/18/2024 TURBO DATA SYSTEMS INC 43244 032753 001-2200-421.23-45 CITATIONS PROCSSING JUNE 2024 155.56 192154 7/18/2024 VALDEZ JR, MARY ALICE & ANTONIO NOV23-APR24 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192155 7/18/2024 VALENCIA, MARIBEL NOV23-APR24 675-7020-473.42-35 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192156 7/18/2024 VELA, ARTURO M NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192157 7/18/2024 VISION SECURITY SYSTEMS 20917 032632 810-9700-490.90-59 MOVE CAMERA SYSTEM 1,970.00 192158 7/18/2024 WESTERN WATER WORKS SUPPLY CO 1409251-00 660-0000-131.00-00 INVENTORY PO NUM 032418 2,198.10 192159 7/18/2024 WILBUR'S POWER EQUIPMENT 15937 032205 100-4900-431.30-06 TOOLS/SUPPLIES 978.32 192160 7/18/2024 WILLIAMS SCOTSMAN, INC 9021361383 033016 810-9700-490.90-59 OP VILLIAGE OFFICES 1,611.94 192161 7/18/2024 YOUNG, CHRISTY NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192162 7/18/2024 YUNEX, LLC 5610002523 032407 100-4900-431.30-09 TRAFFIC SIGNAL CALL OUTS JUNE 2024 866.03 90002344 032407 100-4900-431.30-09 TRAFFIC SIGNAL MAINT JUNE 2024 648.00 7 85
City of Banning
Warrant List Detail July 2024
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount 192163 7/18/2024 ZOELLER, SUSAN NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192164 7/18/2024 908 DEVICES INC INV24-3949 032884 001-2200-421.90-56 MASS SPEC DETECTION 76,299.23 192165 7/25/2024 AIM PROPERTY MANAGEMENT 000086489 001-0000-218.22-22 UB CR REFUND-FINALS 000013764 188.97 192166 7/25/2024 ALL STAR ELITE SPORTS 4348 032275 001-4000-461.25-02 RECREATION TSHIRTS 635.20 4364 032274 001-4010-461.36-09 JR LIFEGUARD APPAREL 336.14 4369 032275 001-4050-461.36-65 SENIOR CENTER SHIRTS 268.46 192167 7/25/2024 AMAZON BUSINESS 1DH1-CRJW-3QMV 032297 001-4000-461.36-00 RAFFLE TICKETS 18.80 1GD1-NRNQ-1NVP 032945 810-9700-490.90-59 PANTRY ITEMS 578.50 1KF7-9TP1-W9TJ 032296 001-4000-461.36-09 SUPPLIES-RECREATION 377.13 1N4V-F7RL-PKND 032381 001-2800-441.36-00 REFUND-OFFICE SUPPLIES (29.08) 192168 7/25/2024 BEAUMONT DO IT BEST HOME CENTER 544603 032278 001-3600-461.30-02 SUPPLIES-PARKS 22.57 192169 7/25/2024 BUDD-FALEN LAW OFFICES, LLC. 34137 029829 660-6300-471.90-78 FLUME LEGAL SERVICES JUNE 2024 1,470.00 192170 7/25/2024 CAMPA, ERIC MEALS 7/21-8/1 001-2200-421.23-06 DRE SCHOOL TV2457 MEALS 7/21-8/1 CAMPA 851.00 192171 7/25/2024 CANO, ALONDRA FEB24-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT FEB24-APR24 PAYMENTS 97.50 192172 7/25/2024 CARRILLO, ROSEMARY & JOSE 000110387 001-0000-218.22-22 UB CR REFUND-FINALS 000007498 111.25 192173 7/25/2024 CASC ENGINEERING AND CONSULTING INC 0051578 032893 001-2800-441.33-42 FOCUS AMEND-LAND USE JUNE 2024 12,168.50 192174 7/25/2024 CINTAS CORPORATION 4196423096 032321 001-4000-461.36-03 CLEANING CHEMICALS 121.67 4197167622 032320 001-3600-461.25-02 UNIFORM-PARKS 51.13 192175 7/25/2024 CITY OF BANNING UTILITIES OPV 10194555344JL24 810-9700-490.90-60 312 N 4TH CAL ICH ERF-2 FUNDED 190.11 192176 7/25/2024 CURRY, ANITA TUITION FY24 761-3100-480.25-09 TUITION REIMBURSEMENT IBEW MOU-CURRY 317.00 192177 7/25/2024 CYBERTIME NETWORK COMMUNICATIONS 1524-240627 033036 810-9700-490.90-59 RELOCATE INT/DATA/PHONE 500.00 192178 7/25/2024 DE LA CRUZ, MARGARET 000109525 001-0000-218.22-22 UB CR REFUND-FINALS 000007090 121.92 192179 7/25/2024 DELL MARKETING LP 10757667890 032897 001-2060-446.89-48 ALIENWARE M18 R2 GARSIDE 4,981.70 192180 7/25/2024 DEPT. OF INDUSTRIAL RELATIONS P2074316SN 001-4010-461.41-04 BIG SLIDE CERT INSPECTION 6/11/24 560.00 P2074317SN 001-4010-461.41-04 MINNOW SLIDE CERT INSPECTION 6/11/24 122.50 192181 7/25/2024 DEUSENBERRY, DANIEL MEALS 7/8 001-2200-421.23-06 DUI CHECKPOINT MEALS 7/8 DEUSENBERRY 15.75 192182 7/25/2024 ELECTROMARK COMPANY 9356227629 032311 670-7000-473.45-16 REFLECTIVE NUMBERS 70.94 9356362910 032311 670-7000-473.45-16 LABEL REMOVER 1,266.65 192183 7/25/2024 FRANK BRANDT REF#2024042302 001-2400-351.35-14 REFUND-OVERPMT 4/15/24 INCIDENT 2024042302 400.00 192184 7/25/2024 FRONTIER COMMUNICATIONS 9518493260JUL24 705-4500-412.26-05 951-849-3260 6/28/24-7/27/24 324.21 192185 7/25/2024 GAETE, LUZMA 000111219 001-0000-218.22-22 UB CR REFUND-FINALS 000008378 45.77 192186 7/25/2024 GAS COMPANY, THE 03292684002JL24 001-4000-461.26-06 COMM CENTER 6/13/24-7/15/24 25.02 03442480665MY24 704-3200-412.26-06 2041 W NICOLET 4/10/24-5/09/24 14.30 05192710001JL24 001-3600-461.26-06 PARKS & REC 6/13/24-7/15/24 20.40 05602682006JL24 001-2400-422.26-06 172 N MURRAY 6/13/24-7/15/24 58.86 09142474007JL24 001-4050-461.26-06 SENIOR CENTER 6/13/24-7/15/24 91.17 16108344439JL24 001-4010-461.26-06 AQUATICS 6/13/24-7/15/24 1,048.62 19499362408JN24 100-4900-431.26-06 176 E LINCOLN 5/21/24-6/20/24 26.31 660-6300-471.26-06 176 E LINCOLN 5/21/24-6/20/24 58.69
670-7000-473.26-06 176 E LINCOLN 5/21/24-6/20/24 58.69
702-3800-480.26-06 176 E LINCOLN 5/21/24-6/20/24 58.69
192187 7/25/2024 GRAINGER 9098732010 032535 704-3200-412.30-02 FAUCETS 181.77 9103898533 032535 704-3200-412.30-02 FAUCETS 181.77
192188 7/25/2024 H & L CHARTER CO, INC 30013 032860 001-4000-461.42-31 OEP BIG BEAR CHARTER BUS 6/14/24 1,763.00 30014 032835 001-4000-461.42-31 OEP TAR PITS CHARTER BUS 6/21/24 2,438.50 192189 7/25/2024 IBEW LOCAL 47 RETIREE MEDICAL TRUST 20240726 001-0000-204.80-10 PAYROLL SUMMARY 3,051.40 192190 7/25/2024 INDEPENDENT REVIEW INVESTIGATIONS 24-003.1 700-5300-480.33-04 PROFESSIONAL SVCS FEE INDEPENDENT REVIEW 2,250.00 192191 7/25/2024 INTERNATIONAL PAVING SVCS 000099099 001-0000-218.22-22 UB CR REFUND-FINALS 000060496 243.39 192192 7/25/2024 IPARAGUIRRE, JENNIE 000008275 001-0000-218.22-22 UB CR REFUND-FINALS 000000890 48.47 192193 7/25/2024 IRON MOUNTAIN INFORMATION MGMT, LLC JPGH717 032393 670-7000-473.33-11 SHREDDING SERVICES 5/29/24-6/25/24 142.27 192194 7/25/2024 LARA, TORIBIO NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192195 7/25/2024 MARIPOSA LANDSCAPES, INC 108465 030833 001-3600-461.23-29 PARK LANDSCAPE JUNE 2024 8,277.41 001-3600-461.30-16 PARK LANDSCAPE JUNE 2024 0.01
001-4000-461.23-29 PARK LANDSCAPE JUNE 2024 619.09
001-4010-461.23-29 PARK LANDSCAPE JUNE 2024 1,061.66
001-4050-461.23-29 PARK LANDSCAPE JUNE 2024 333.35
192196 7/25/2024 MARTINEZ, JAMES 000111883 001-0000-218.22-22 UB CR REFUND-FINALS 000017716 166.68 192197 7/25/2024 MEDRANO, DORA A & YASMIN A 000080401 001-0000-218.22-22 UB CR REFUND-FINALS 000012090 8.00 8 86
City of Banning
Warrant List Detail July 2024
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount 192198 7/25/2024 MORENO, ANGELA NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192199 7/25/2024 MORGAN, MICHEL 000109353 001-0000-218.22-22 UB CR REFUND-FINALS 000010330 70.01 192200 7/25/2024 PARS 20240726 001-0000-204.25-00 PAYROLL SUMMARY 2,444.94 192201 7/25/2024 PITTMAN, DAVID NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192202 7/25/2024 PLAYHOUSE BOWL ASSOCIATION, INC. CONCERTS FY25 001-5400-446.41-59 EVENINGS IN THE PARK CONCERT SERIES SUPPORT 12,500.00 192203 7/25/2024 POULTER, HANNAH TUITION FY24 001-2200-421.25-09 TUITION REIMBURSEMENT BPOA MOU-POULTER 1,782.00 192204 7/25/2024 PYRO SPECTACULARS, INC 59065 032752 001-5400-446.41-58 4TH OF JULY FIREWORKS 16,000.00 192205 7/25/2024 RAM DEVELOPMENT LLC 000100693 001-0000-218.22-22 UB CR REFUND-FINALS 000007842 93.74 192206 7/25/2024 RIV. CO. REGIONAL PARK & OPEN SPACE 163240612236478 001-4020-461.36-09 GILMAN RANCH FIELD TRIP 196.00 192207 7/25/2024 ROBERT HALF INTERNATIONAL 63842819 032886 001-1910-412.23-27 RIOS, SIGRID W/E 7/12/24 1,477.98 192208 7/25/2024 MORENO, MELBA NOV23-APR24 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192209 7/25/2024 ROY BROWN HANGAR E1 BROWN 600-0000-223.10-00 HANGAR E1 DEPOSIT RETURN MOVEOUT AS OF 7/1/24 342.57 192210 7/25/2024 SITEONE LANDSCAPE SUPPLY 143297879-001 032438 001-3600-461.30-16 PARKS-SUPPLIES 746.95 192211 7/25/2024 SMART & FINAL 021755 032279 001-4010-461.36-22 SNACKBAR FOOD 682.82 192212 7/25/2024 STAGECOACH DAYS ASSOCIATION STAGECOACH FY25 001-5400-446.41-36 BLEACHERS STAGECOACH 18,000.00 STAGECOACH DAYS SUPPORT 12,500.00
192213 7/25/2024 STAPLES BUSINESS ADVANTAGE 6002340605 032453 001-4050-461.36-65 PRINTER INK 189.17 6004523051 032340 670-7000-473.36-00 OFFICE SUPPLIES 37.79 6005587650 032186 001-1400-412.89-48 HARD DRIVE (2) RECORD BACKUP 273.84 192214 7/25/2024 STATE OF CALIFORNIA DOJ 747828 001-1300-412.35-99 FINGERPRINTS (8) JUNE 2024 392.00 192215 7/25/2024 STOCKMAN, JULIA RECITAL FY25 001-4000-461.23-15 BALLET RECITAL JULY 2024 455.00 192216 7/25/2024 TELEPACIFIC COMMUNICATIONS 180570259-0 705-4500-412.26-05 CENTRAL SVCS PHONE JULY 2024 1,560.86 192217 7/25/2024 TERMINIX COMMERCIAL 442018934 032489 670-7000-473.45-05 PEST CONTROL 1/3/24 176 E LINCOLN 66.00 442018954 032489 670-7000-473.45-05 PEST CONTROL 1/3/24 176 E LINCOLN 50.00 442019025 032489 670-7000-473.45-05 PEST CONTROL 1/3/24 176 E LINCOLN 77.00 443178894 032489 670-7000-473.45-05 PEST CONTROL 2/5/24 176 E LINCOLN 77.00 443178895 032489 670-7000-473.45-05 PEST CONTROL 2/5/24 176 E LINCOLN 50.00 443178902 032489 670-7000-473.45-05 PEST CONTROL 2/5/24 176 E LINCOLN 66.00 444272792 032489 670-7000-473.45-05 PEST CONTROL 3/6/24 176 E LINCOLN 50.00 444272837 032489 670-7000-473.45-05 PEST CONTROL - 2000153350 77.00 444272909 032489 670-7000-473.45-05 PEST CONTROL-20000163928 66.00 446547889 032489 670-7000-473.45-05 PEST CONTROL-20104958335 50.00 446547935 032489 670-7000-473.45-05 PEST CONTROL-20104945305 66.00 446547990 032489 670-7000-473.45-05 PEST CONTROL-20104947765 77.00 192218 7/25/2024 THOMPSON COBURN, LLP 3676361 032837 670-7010-473.33-02 LEGAL SVCS MAY 2024 RELIABILITY STNDRDS COMPL 64.27 3676364 032837 670-7010-473.33-02 LEGAL SVCS MAY 2024 GENERATION RELATE ASSIGN 1,844.51 3676365 032837 670-7010-473.33-02 LEGAL SVCS MAY 2024 TRANSMISSION 2,119.69 192219 7/25/2024 CHARTER COMMUNICATIONS 0014070070124 001-2060-446.26-09 COMM CENTER 7/1/24-7/31/24 40.11 192220 7/25/2024 U.S. BANK 7377090 375-4900-431.65-08 ADMIN FEES 6/1/24-5/31/25 FAIR OAKS RANCH 3,757.50 192221 7/25/2024 VERIZON WIRELESS SERVICES, LLC 9968059485 001-1000-411.26-05 CITY COUNCIL CELL PHONE 6/2/24-7/1/24 204.34 001-1200-412.26-05 CITY MANAGER CELL PHONE 6/2/24-7/1/24 126.07 OPPORTUNITY VILLAGE 6/2/24-7/1/24 267.48
001-1200-412.89-48 OPP VIL EQUIPMENT 6/2/24-7/1/24 89.22 001-1210-412.26-05 ECONOMIC DEV CELL PHONE 6/2/24-7/1/24 42.45 001-1220-412.26-05 PUBLIC INFORM CELL PHONE 6/2/24-7/1/24 41.53 001-1230-412.26-05 GRANTS CELL PHONE 6/2/24-7/1/24 55.49 001-1300-412.26-05 HR CELL PHONE 6/2/24-7/1/24 88.06
001-1400-412.26-05 CITY CLERK CELL PHONE 6/2/24-7/1/24 38.28 001-1900-412.26-05 FINANCE CELL PHONE 6/2/24-7/1/24 227.65 001-1910-412.26-05 PURCHASING CELL PHONE 6/2/24-7/1/24 46.53 001-2060-446.26-05 GOV ACCESS CELL PHONE 6/2/24-7/1/24 26.28 001-2200-421.26-05 POLICE CELL PHONE 6/2/24-7/1/24 2,061.97 001-2210-421.26-05 DISPATCH CELL PHONE 6/2/24-7/1/24 68.25 001-2300-424.26-08 ANIMAL CONTROL CELL PHONE 6/2/24-7/1/24 88.06 001-2740-442.26-05 CODE ENFORCE CELL PHONE 6/2/24-7/1/24 194.65 001-2800-441.26-05 PLANNING CELL PHONE 6/2/24-7/1/24 579.55 001-3000-442.26-05 ENGINEERING CELL PHONE 6/2/24-7/1/24 251.14 001-3200-412.26-05 BUILDING MAINT CELL PHONE 6/2/24-7/1/24 83.06 9 87
City of Banning
Warrant List Detail July 2024
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount 192221 7/25/2024 VERIZON WIRELESS SERVICES, LLC 9968059485 001-3600-461.26-05 PARKS CELL PHONE 6/2/24-7/1/24 114.78 001-4000-461.26-05 RECREATION CELL PHONE 6/2/24-7/1/24 283.37 001-4000-461.36-09 OEP GRANT CELL PHONE 6/2/24-7/1/24 41.80 001-4050-461.26-05 SENIOR CENTER CELL PHONE 6/2/24-7/1/24 41.53 100-4900-431.26-05 STREETS CELL PHONE 6/2/24-7/1/24 302.05 610-5800-434.26-05 TRANSIT CELL PHONE 6/2/24-7/1/24 1,051.08 610-5850-434.26-05 DIAL-A-RIDE CELL PHONE 6/2/24-7/1/24 225.62 660-6300-471.26-05 WATER CELL PHONE 6/2/24-7/1/24 890.35 670-7000-473.26-05 ELECTRIC CELL PHONE 6/2/24-7/1/24 1,962.93 670-7000-473.89-48 ELECTRIC DEPT EQUIPMENT 6/2/24-7/1/24 3,533.52 680-8000-454.26-05 WASTEWATER CELL PHONE 6/2/24-7/1/24 151.24 702-3800-480.26-05 FLEET CELL PHONE 6/2/24-7/1/24 88.65 703-3700-480.26-05 INFO SERVICES CELL PHONE 6/2/24-7/1/24 186.12 761-3100-480.26-05 UTILITY BILLING CELL PHON 6/2/24-7/1/24 82.81 761-3110-480.26-05 METER SERVICES CELL PHONE 6/2/24-7/1/24 193.18 192222 7/25/2024 VILLEGAS, JOSE NOV23-APR24 670-7000-357.38-10 MEDICAL DISCOUNT NOV23-APR24 PAYMENTS 120.00 675-7020-473.42-36 LOW INCOME DISCOUNT NOV23-APR24 PAYMENTS 195.00 192223 7/25/2024 WELDOR'S SUPPLY AND STEEL 40589 033005 001-3600-461.30-06 REPAIR/REBUILD MOBILE 4,500.00 192224 7/25/2024 WILLDAN ENGINEERING 002-30397A 030055 001-2700-442.33-11 B&S SERVICES NOV 2023 43,515.00 002-31690 030055 001-2700-442.33-11 B&S SERVICES APRIL 2024 49,095.00 002-31691 030055 001-2700-442.33-11 PARDEE HOME REV/INSP APRIL 2024 16,035.00 002-31850 030055 001-2700-442.33-11 B&S SERVICES MAY 2024 56,593.75 002-31851 030055 001-2700-442.33-11 PARDEE HOME REV/INSP MAY 2024 18,000.00 002-32036 030055 001-2700-442.33-11 B&S SERVICES JUNE 2024 48,942.50 002-32037 030055 001-2700-442.33-11 PARDEE HOME REV/INSP JUNE 2024 16,195.00 9007932 7/1/2024 CA. ST. EMPLOYMENT DEV. DEPT. PPE 06/23/2024 001-0000-204.12-00 STATE INCOME TAX PPE 06/23/24 PD 06/28/24 61,651.00 9007933 7/1/2024 INTERNAL REVENUE SERVICE PPE 06/23/2024 001-0000-204.11-00 FEDERAL INCOME TAX PPE 06/23/24 PD 06/28/24 135,119.61 001-0000-204.13-00 ADD'L MEDICARE PPE 06/23/24 PD 06/28/24 195.52 FICA MEDICARE/REGULAR PPE 06/23/24 PD 06/28/24 173,366.62 9007934 7/1/2024 TASC PPE 06/23/2024 001-0000-204.80-15 TASC NESP PPE 06/23/24 PD 06/28/24 1,111.46 9007935 7/2/2024 WELLS FARGO BANK PPE 06/23/2024 001-0000-204.80-14 VEBA CONTRIBUTIONS PPE 06/23/24 PD 06/28/24 300.00 9007936 7/2/2024 INTERNAL REVENUE SERVICE MC 06/29/2024 001-0000-204.11-00 FEDERAL INCOME TAX MC 06/29/2024 RUSH 14,892.97 001-0000-204.13-00 FICA MEDICARE/REGULAR MC 06/29/2024 RUSH 10,476.70 9007937 7/3/2024 CORPORATION SERVICE COMPANY 8345718-070124 001-2740-442.23-07 PENDENCY NOTICE APN 541-091-014 7.00 PENDENCY NOTICE APN 541-091-015 7.00
9007938 7/3/2024 CA. ST. EMPLOYMENT DEV. DEPT. MC 06/29/2024 001-0000-204.12-00 STATE INCOME TAX MC 06/29/2024 RUSH 4,943.91 9007939 7/5/2024 CORPORATION SERVICE COMPANY 8345718-070224 001-1400-412.23-07 PROCESSING FEES (3) RIV CO RECORDER OFFICE 21.00 9007940 7/5/2024 EMPOWER ANNUITY INSURANCE COMPANY MC 06/29/2024 001-0000-204.16-00 457 LOAN PAYMENTS MC 06/29/2024 RUSH 30.00 457 PRE TAX CONTRIBUTIONS MC 06/29/2024 RUSH 55.00
457 ROTH CONTRIBUTIONS MC 06/29/2024 RUSH 106.55
9007941 7/5/2024 EMPOWER ANNUITY INSURANCE COMPANY PPE 06/23/2024 001-0000-204.16-00 457 LOAN PAYMENTS PPE 06/23/24 PD 06/28/24 9,898.75 457 PRE TAX CONTRIBUTIONS PPE 06/23/24 PD 06/28/24 40,976.32 457 ROTH CONTRIBUTIONS PPE 06/23/24 PD 06/28/24 1,030.00 9007942 7/8/2024 WELLS FARGO CARD SERVICES INC WELLS ONE JUN24 001-1000-411.23-05 BIA FY25 EXP WALLACE-WATER CONF REG 125.00 LOCC C00016 SANCHEZ-LOCC CONF REG 650.00
001-1000-411.36-07 LAVILLABURGERS 6/25 COB COUNCIL AND STAFF 164.38 001-1200-412.23-03 APPLE.COM/BILL APPLE ICLOUD STORAGE 0.99 001-1200-412.23-04 USPS.COM CLICKNSHIP LETTER-555 S 22ND STREET 9.85 001-1200-412.23-05 ICMA ONLINE ICMA CONF REG SCHULZE 855.00 KAFE ROYALE MAYORS & CM BRKFAST 20.88
LOCC RIV CNTY DIV MEETING REG 60.00
MARRIOTT DESERT 6/5-6 JACKSON-LOCAL GOVT CONF 206.35
001-1200-412.36-00 DRAGONBAZ.XYZ DISPUTED-CARD CANCELLED 39.95 001-1200-412.36-07 RUSSOS ITALIAN KITCHEN SUPERC AI REPS 43.28 001-1200-412.41-46 NEXTDAYFLYERS EXPANDABLE BANNER 490.94 001-1210-412.23-03 ICSC-NY REFUND DUES-WURTZ (100.00)
001-1210-412.23-05 CHAMBER CA COB CHAMBER-M LOPEZ 85.00 001-1210-412.41-46 4IMPRINT INC LOGO TABLECLOTH 437.78
10 88
City of Banning
Warrant List Detail July 2024
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount 9007942 7/8/2024 WELLS FARGO CARD SERVICES INC WELLS ONE JUN24 001-1210-412.41-46 AMAZON.COM RAFFLE-JULY 4TH EVENT 323.24 001-1220-412.23-03 CAPIO-CA ASSOC OF PIO RILEY-CAPIO MEMBERSHIP 275.00 001-1300-412.23-01 CANVA GRAPHICS FEE 12.99
001-1300-412.23-04 USPS PO LEGAL DOCUMENTS 13.10
001-1300-412.23-05 DLRRM RESPASSKEY 6/27-28 WALKER-HR LAW CONF 408.33 ENTERPRISE 6/6-9 JEWS-PIHRA CONF 173.73
FLOYD SKEREN & MANUKIAN HR LAW CONF-BENAVIDES 350.00
FLOYD SKEREN & MANUKIAN HR LAW CONF-WALKER 350.00
GAYLORD OPRY 6/6-9 JEWS-PIHRA CONF 163.89
RESIDENCE INN 6/27-28 BENAVIDES EMPLOY LAW 0.00
RESIDENCE INN 6/27-28 BENAVIDES-HR LAW CONF 326.90
SOCIETYFORHUMANRESOURCE VIRTUAL CONF-HR STAFF 1,595.00
001-1300-412.36-00 AMAZON MKTPL BULLETIN BOARD DECOR 203.39 AMAZON.COM FLASHDRIVES 2-2PK 43.08
SMART AND FINAL WATER 20.63
SMARTFINAL STAFF TRAINING 6/26-7/1 189.97
001-1300-412.36-07 DOORDASH LAVILLA INTERVIEW PANEL 58.71 001-1300-412.41-15 CAFEORGANIX 6/18 EMPLOYEE APPRECIATION 120.59 IN-N-OUT BURGERS 6/18 EMPLOYEE APPRECIATION 2,032.23
001-1400-412.23-02 ASSESSOR CLERK RECORDER RECORDS FOR PW 16.36 001-1400-412.23-03 CITY CLERKS ASSOC PATTON-FY25 DUES 250.00 001-1900-412.23-05 ACFE ACFE VIRTUAL CONF-REG 945.00
CSMFO INTERM GOVT ACCT-WEBINAR 200.00
001-2060-446.23-03 GOOGLE YOUTUBEPREMIUM YOUTUBE SUBSCRIPTION 13.99 001-2060-446.36-00 BEST BUY SD CARD-CAMERA 39.85
001-2200-421.23-06 DUI CHECKPOINT 7/8 DEUSENBERRY DUI COURSE 159.00 ISLANDHOTELMARINA 5/27-31 MENDOZA-SCGC 2024 CONF 716.00 SUN RIDGE 10/7-11 RIMS CONF REG FUENTES 1,315.00
SUN RIDGE 10/7-11 RIMS CONF REG SMITH 1,315.00
SUN RIDGE 10/7-11 RIMS CONF REG SORIANO 1,315.00
SUN RIDGE 10/7-11 RIMS CONF REG STONE 1,315.00
VITAL CHEK JAN 2024 CAMPA-MOTOR SCHOOL 1OF3 2,003.00
VITAL CHEK JAN 2024 CAMPA-MOTOR SCHOOL 2OF3 2,003.00
VITAL CHEK JAN 2024 CAMPA-MOTOR SCHOOL 3OF3 98.00
001-2200-421.23-07 SHRED-IT PAPER SHREDDING 530.20
001-2200-421.30-05 DMV UNIT#97 CC PROCESS FEE 75.21
DMV UNIT#97 DMV REGISTRATION 3,581.00
MIDNIGHT WINDOW TINT VEHICLE WINDOW TINT #40 592.00
SHELL OIL-MAY 2024 CAR WASH-PATROL VEHICLES 70.00
001-2200-421.36-00 THE HOME DEPOT AIR GAUGE 33.36
001-2200-421.36-01 DOOLEY ENTERPRISES AMMO 4,884.85
001-2200-421.36-04 P & P UNIFORMS UNIFORMS AND EQUIPMENT 1,554.80 V AND V MANUFACTURING UNIFORM BADGES 386.81
001-2200-421.36-07 RUSSOS ITALIAN KITCHEN RETIREMENT/GOING AWAY 134.69 001-2200-421.36-62 AMZN MKTP US TABLE-WELLNESS RM 32.31 AMZN MKTP US TRAY/SIGN-WELLNESS RM 35.54
PEAVEY CORP SPECIAL SUPPLIES-P&E 266.90
VEOLIA ENVIRONMENTAL SPECIAL SUPPLIES-P&E 133.10
001-2800-441.36-00 DOLLAR TREE TABLECLOTHS 10.78
001-2800-441.36-07 SUPER SUB MISSION HILLS CHARETTE 307.90 001-3000-442.36-00 EASI FILE HANGER STRIPS-RECORDS 794.69 001-3600-461.38-50 JONS FLAGS & POLES FLAG POLE SUPPLIES-PARKS 694.91 001-4000-461.23-03 WHEN I WORK SCHEDULING SOFTWARE 160.00 WHENIWORK.COM SCHEDULING SOFTWARE 12.50
001-4000-461.23-06 AM RED CROSS 6/7-7/1 RED CROSS CLASSES 1OF2 240.00 AM RED CROSS 6/7-7/1 RED CROSS CLASSES 2OF2 48.00
001-4000-461.36-00 CINEMARK THEATRES POPCORN-EWF EVENT 23.20 DOMINOS PIZZA-EWF EVENT 116.24
11 89
City of Banning
Warrant List Detail July 2024
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount 9007942 45481 WELLS FARGO CARD SERVICES INC WELLS ONE JUN24 001-4000-461.36-00 SMART AND FINAL DEPT SUPPLIES 57.03 SMART AND FINAL GLOVES/POPCORN-EWF EVENT 39.84
SMART AND FINAL SNACK BAR SPLY-EWF EVENT 79.96
001-4000-461.36-09 STATER BROS DAY CAMP CRAFT SUPPLIES 47.14 001-4000-461.36-11 DOORDASH VONS 6/14 BIG BEAR DISCOVERY OEP 145.19 PANERA BREAD 6/21 OEP LA BREA TAR PITS 175.98
SMART AND FINAL 6/14 BIG BEAR DISCOVERY OEP 4.89
001-4000-461.42-31 ENTERPRISE 6/14 BIG BEAR DISCOVERY OEP 186.60 LA BREA TAR PITS 6/28 DUP-REFUND PENDING 18.00
LA BREA TAR PITS 6/28 PARKING FEE-OEP 18.00
SHELL OIL 6/22 LA BREA TAR PITS OEP 45.00
001-4010-461.36-22 SMART AND FINAL AQUATICS CONCESSION SPLY 995.28 001-4020-461.36-09 DOMINOS DAY CAMP PROGRAM 77.49
TARGET DAY CAMP SUPPLIES 27.38
001-4050-461.36-00 SUPER SUBS 6/22 HAVANA NIGHT DANCE 344.75 001-5400-446.41-58 FIVE BELOW 4TH OF JULY PRIZES 155.32 670-0000-116.21-00 PAYPAL-IPSY EE PERSONAL CHRG-PD COB 17.23 670-7000-473.23-04 THE UPS STORE UPS SHIPMENT 11.32
670-7000-473.23-06 EUCI (ONLINE) EUCI CONF REG STEFFENS 1,295.00 670-7000-473.36-00 FAST 5 XPRESS BEAUMONT CAR WASH SUBSCRIPTION 39.99 OFFICE DEPOT DEPT SUPPLIES 809.98
670-7000-473.41-29 PAYPAL PURCHASE ERROR 51.70
PAYPAL RETURN-PURCHASE ERROR (51.70)
675-7020-473.23-03 NETWORK SOLUTIONS SECURITY SUBSCRIPTION 14.98 675-7020-473.41-46 MCDONALDS MARKETING MEETING 21.53
PANERA BREAD 6/18 MARKETING MEETING 29.26
SMART AND FINAL SUMMER DAY CAMP 60.39
702-3800-480.38-52 EBAY #243-BRAKE RELAY VALVE 198.02
HI-VAC CORPORATION #902-SOLENOID/VALVES 1,255.78
KPAUL - SDVOSB #52-SERPENTINE BELT 24.15
703-3700-480.89-49 WWW.ANYDESK.COM CURRENCY CONVERSION FEE 3.59 WWW.ANYDESK.COM REMOTE ACCESS SOFTWARE 358.80
761-3100-480.23-05 RIV CNTY SYMPOSIUM 6/13 MANCIA-ELDER ABUSE 60.54 RIV CNTY SYMPOSIUM 6/13 MASCORRO-ELDER ABUSE 60.54
761-3100-480.36-00 WWW COSTCO COM OFFICE SUPPLIES 114.57 810-9700-490.90-59 CASA CRUZ RESTAURANT OPV CLIENT LUNCH 329.10 CHEVRON 0379449 WATER/ENERGY DRINKS 25.07
CHIPOTLE OPV CLIENT LUNCH 33.89
FAST 5 XPRESS BEAUMONT AFTER COMM CLEAN UP 39.00
FOOD4LESS WATER 19.99
GREYHOUND 6/13 K MOONEY-MCALASTER TX 233.91
JACK IN THE BOX A MORALES 5.04
LYFT RIDE 6/18 12PM A MORALES-RIVERSIDE 68.82
PT DISCOUNT MART WATER 24.14
RITE AID GIFT CARDS-COMM CLEAN UP 329.70
SMART AND FINAL CLEANING/PANTRY ITEMS 102.82
WIENERSCHNITZEL OPV CLIENT LUNCH 36.94
9007943 7/8/2024 CORPORATION SERVICE COMPANY 8345718-070324 001-1400-412.23-07 FEE ERROR (REFUND PENDING RIV CO RECORDER OFFICE 276.00 PROCESSING FEES (1) RIV CO RECORDER OFFICE 7.00
9007944 7/9/2024 AMERICAN FIDELITY ASSURANCE 2332407A 001-0000-204.80-04 HEALTH FSA 06/01/24-06/15/24 3,123.75 001-0000-204.80-05 DEPENDENT CARE 06/01/24-06/15/24 653.33 2332408A 001-0000-204.80-04 HEALTH FSA 06/16/24-06/30/24 3,123.75 001-0000-204.80-05 DEPENDENT CARE 06/16/24-06/30/24 653.33 9007945 7/9/2024 CA. ST. PUBLIC EMPLOYEES 100000017575142 001-0000-204.31-00 ANTHEM BL CROSS JULY 2024 1,682.26 BL SHIELD ACCESS JULY 2024 16,040.98
BL SHIELD TRIO JULY 2024 83,576.13
BL SHIELD TRIO JULY 2024 (RETRO) 1,832.19
KAISER HMO JULY 2024 63,694.22
12 90
City of Banning
Warrant List Detail July 2024
Warrant
Number Warrant Date Vendor Name Invoice Number P.O. Number Account Number Payment Description Warrant Amount 9007945 45482 CA. ST. PUBLIC EMPLOYEES 100000017575142 001-0000-204.31-00 PERS GOLD JULY 2024 6,439.30 PERS PLATINUM JULY 2024 6,788.82
PERS PLATINUM JULY 2024 (RETRO) 1,131.47
001-1300-412.15-52 PA BILLING ER SHARE-RETIR JULY 2024 78.50 001-1300-412.41-18 ADMIN FEE FOR ACTIVE JULY 2024 586.09 001-1300-412.41-19 ADMIN FEE FOR RETIRED JULY 2024 34.51 001-2700-442.15-50 BL SHIELD ACCESS JUL 24-RUSH (1OF3) 1,180.37 001-2800-441.15-50 BL SHIELD ACCESS JUL 24-RUSH (1OF3) 786.92 9007946 7/9/2024 CA. ST. PUBLIC EMPLOYEES 100000017575143 001-0000-204.31-00 BL SHIELD ACCESS JULY 2024 1,967.29 BL SHIELD TRIO JULY 2024 1,832.19
KAISER HMO JULY 2024 1,730.82
PERS PLATINUM JULY 2024 1,131.47
001-1300-412.41-18 ADMIN FEE FOR ACTIVE JULY 2024 21.32 9007947 7/9/2024 CA. ST. PUBLIC EMPLOYEES PPE 06/09/2024 001-0000-204.20-00 RETIREMENT BENEFITS PPE 06/09/24 PD 06/14/24 169,894.18 9007948 7/12/2024 WELLS FARGO BANK PPE 07/07/2024 001-0000-204.10-00 PAYROLL PPE 07/07/24 PD 07/12/24 641,126.03 9007949 7/15/2024 CA. ST. EMPLOYMENT DEV. DEPT. PPE 07/07/2024 001-0000-204.12-00 STATE INCOME TAX PPE 07/07/24 PD 07/12/24 45,431.13 9007950 7/15/2024 INTERNAL REVENUE SERVICE PPE 07/07/2024 001-0000-204.11-00 FEDERAL INCOME TAX PPE 07/07/24 PD 07/12/24 93,163.47 001-0000-204.13-00 ADD'L MEDICARE PPE 07/07/24 PD 07/12/24 134.50 FICA MEDICARE/REGULAR PPE 07/07/24 PD 07/12/24 145,451.86 9007951 7/15/2024 TASC PPE 07/07/2024 001-0000-204.80-15 TASC NESP PPE 07/07/24 PD 07/12/24 1,111.46 9007952 7/17/2024 WELLS FARGO BANK PPE 07/07/2024 001-0000-204.80-14 VEBA CONTRIBUTIONS PPE 07/07/24 PD 07/12/24 300.00 9007953 7/17/2024 WINDSTREAM SERVICES, LLC 76500291 001-2200-421.26-05 PHONE SVCS-125 E RAMSEY 05/27/24-06/26/24 986.86 9007954 7/17/2024 WINDSTREAM SERVICES, LLC 76499525 705-4500-412.26-05 PHONE SVCS-99 E RAMSEY 05/27/24-06/26/24 5,736.98 9007955 7/17/2024 WINDSTREAM SERVICES, LLC 76500750 705-4500-412.26-05 PHONE SVCS-176 E LINCOLN 05/27/24-06/26/24 965.31 9007956 7/19/2024 WELLS FARGO BANK PPE 07/19/2024 001-0000-204.10-00 PAYROLL (SUPP) PD 07/19/24 HLTH/RETENT 128,781.93 9007957 7/19/2024 INTERNAL REVENUE SERVICE MC 07/18/2024 001-0000-204.13-00 FICA MEDICARE/REGULAR MC 07/18/2024 MONTES 957.56 9007958 7/22/2024 CA. ST. EMPLOYMENT DEV. DEPT. PPE 07/19/2024 001-0000-204.12-00 STATE INCOME TAX PD 07/19/24 HLTH/RETENT 6,992.28 9007959 7/22/2024 EMPOWER ANNUITY INSURANCE COMPANY PPE 07/07/2024 001-0000-204.16-00 457 LOAN PAYMENTS PPE 07/07/24 PD 07/12/24 10,288.10 457 LOAN PAYOFF-COFFEY PPE 07/07/24 PD 07/12/24 (94.93) 457 PRE TAX CONTRIBUTIONS PPE 07/07/24 PD 07/12/24 34,084.79 457 ROTH CONTRIBUTIONS PPE 07/07/24 PD 07/12/24 1,000.00 9007960 7/22/2024 INTERNAL REVENUE SERVICE PPE 07/19/2024 001-0000-204.11-00 FEDERAL INCOME TAX PD 07/19/24 HLTH/RETENT 11,253.33 001-0000-204.13-00 FICA MEDICARE/REGULAR PD 07/19/24 HLTH/RETENT 24,358.70 9007961 7/23/2024 CA. ST. PUBLIC EMPLOYEES PPE 06/23/2024 001-0000-204.20-00 RETIREMENT BENEFITS PPE 06/23/24 PD 06/28/24 167,854.81 PERS ADJUST KEY ERROR (21.96)
9007962 7/24/2024 CA. ST. BOARD OF EQUAL. - FUEL JUN 2024 702-3800-480.41-04 UNDERGROUND STORAGE TANK QTR END JUN 2024 487.00 9007963 7/25/2024 CA. ST. PUBLIC EMPLOYEES 100000017589847 001-0000-151.40-10 UAL MISC CLASSIC (636) FY2025-FULL PAYMENT 2,550,194.00 9007964 7/25/2024 CA. ST. PUBLIC EMPLOYEES 100000017589859 001-0000-151.40-10 UAL SAFETY CLASSIC (4046) FY2025-FULL PAYMENT 1,582,317.00 9007965 7/25/2024 CA. ST. PUBLIC EMPLOYEES 100000017589869 001-0000-151.40-10 UAL SAFETY PEPRA (25529) FY2025-FULL PAYMENT 8,406.00 9007966 7/25/2024 CA. ST. PUBLIC EMPLOYEES 100000017589877 001-0000-151.40-10 UAL SAFETY CLASSIC (30132 FY2025-FULL PAYMENT 5,113.00 9007967 7/26/2024 WELLS FARGO BANK PPE 07/21/2024 001-0000-204.10-00 PAYROLL PPE 07/21/24 PD 07/26/24 630,565.43 9007968 7/29/2024 CA. ST. EMPLOYMENT DEV. DEPT. PPE 07/21/2024 001-0000-204.12-00 STATE INCOME TAX PPE 07/21/24 PD 07/26/24 45,358.15 9007969 7/29/2024 INTERNAL REVENUE SERVICE PPE 07/21/2024 001-0000-204.11-00 FEDERAL INCOME TAX PPE 07/21/24 PD 07/26/24 99,792.16 001-0000-204.13-00 ADD'L MEDICARE PPE 07/21/24 PD 07/26/24 104.83 FICA MEDICARE/REGULAR PPE 07/21/24 PD 07/26/24 143,950.86 9007970 7/29/2024 TASC PPE 07/21/2024 001-0000-204.80-15 TASC NESP PPE 07/21/24 PD 07/26/24 1,111.46 9007971 7/30/2024 WELLS FARGO BANK PPE 07/21/2024 001-0000-204.80-14 VEBA CONTRIBUTIONS PPE 07/21/24 PD 07/26/24 300.00 Grand Total 14,165,526.71
Less Voided / Reissued Checks from Prior Period -
Less Voided Checks Prior Period (251.11)
Add Payroll Checks 27,804.26
Total Remittance for Month 14,193,079.86
13 91
Issue Date Check (Original) Vendor # Reason Void Amount Check (Reissue) Vendor # Reissued Amount 4/11/2024 191049 1370
INCORRECT
INVOICE $ 251.11
TOTALS 251.11 $ $0.00
Voided Checks
July 2024
92 Start End Date Description Check Total
13566 13587 7/12/2024 Warrant Register 11,457.10 $
13588 13589 7/18/2024 Warrant Register 5,329.19 $
none none 7/19/2024 Warrant Register - $
13590 13610 7/26/2024 Warrant Register 11,017.97 $
TOTALS 27,804.26 $
CHECKS USED 45
July 2024
Payroll
93 Prepared 7/11/24, 15:38:00 Check Register Page 1
Program PR655L BIWEEKLY Pay Period 14
CITY OF BANNING Pay Date 7/12/24 6/24/24 To 07/07/24
------------------------------------------------------------------------------------------------------------------------------------ Dept/Div Social Check
Activity Check Payee Security Number Amount
------------------------------------------------------------------------------------------------------------------------------------ RIVERSIDE COUNTY SHERIFF - SCS 13566 458.54
1900-412 GERONIMO, ALEJANDRO 2661 13567 .00
1900-412 PHILLIPS, JOYCE Y 6549 13568 .00
CALIF. STATE DISBURSEMENT UNIT 13569 161.07
CALIF. STATE DISBURSEMENT UNIT 13570 427.38
TEXAS CHILD SUPPORT SDU 13571 550.62
4000-461 GAITER, MARIAH 2531 13572 773.49
4000-461 GARCIA, DONNA 2558 13573 592.99
4000-461 JOHNSON, KAIANA J 3809 13574 508.28
CALIF. STATE DISBURSEMENT UNIT 13575 241.15
4000-461 MONTES, ALEXIS D 5374 13576 813.99
4010-461 AVALOS, ALEX M 576 13577 596.26
4010-461 BARON, BYRON 178 13578 1,002.35
4010-461 ECKMAN, GRACE J 2186 13579 664.09
4010-461 FLOYD, ANTHONY P 2394 13580 916.18
4010-461 ODENBAUGH, JONATHAN 6070 13581 457.50
4010-461 SANTOS, ABIEGAIL M 184 13582 1,125.53
4010-461 SCARRY, COLE 7674 13583 878.21
4010-461 STOKES, AALIYAH M 8186 13584 649.91
4010-461 TREJO, ADRIAN 186 13585 334.33
CALIF. STATE DISBURSEMENT UNIT 13586 255.23
FRANCHISE TAX BOARD 13587 50.00
Total Checks - 22 11,457.10
94 Prepared 8/12/24, 11:45:46 Check History Listing Page 2 Program PR713L Summary
CITY OF BANNING Check date range: 07/18/24 - 07/18/24
------------------------------------------------------------------------------------------------------------------------------------ Dp/Dv/Act: 22 00 421 POLICE/POLICE/PUBLIC SAFETY POLICE Employee Check Gross With Net Advance Payed Dir Check Check Employee Number Date Pay Hold Pay Out Back Dep Amount Number ------------------------------------------------------------------------------------------------------------------------------------ MONTES-GONZALEZ, NATHAN 496 7/18/24 7404.01 2235.89 5168.12 .00 .00 .00 5168.12 13588 Manual
***** Division Totals ***** 7404.01 2235.89 5168.12 .00 .00 .00 5168.12 1 Employees 1 Checks
**** Department Totals **** 7404.01 2235.89 5168.12 .00 .00 .00 5168.12 1 Employees 1 Checks
95 Prepared 8/12/24, 11:45:46 Check History Listing Page 1 Program PR713L Summary
CITY OF BANNING Check date range: 07/18/24 - 07/18/24
------------------------------------------------------------------------------------------------------------------------------------ Dp/Dv/Act: 00 00 000
Employee Check Gross With Net Advance Payed Dir Check Check Employee Number Date Pay Hold Pay Out Back Dep Amount Number ------------------------------------------------------------------------------------------------------------------------------------ DEDUCTION CHECKS 7/18/24 .00 161.07- 161.07 .00 .00 .00 161.07 13589 Regular
***** Division Totals ***** .00 161.07- 161.07 .00 .00 .00 161.07 1 Employees 1 Checks
**** Department Totals **** .00 161.07- 161.07 .00 .00 .00 161.07 1 Employees 1 Checks
96 Prepared 7/18/24, 12:20:31 Check Register Page 1
Program PR655L BIWEEKLY Pay Period 15
CITY OF BANNING Pay Date 7/19/24 7/08/24 To 07/21/24
------------------------------------------------------------------------------------------------------------------------------------ Dept/Div Social Check
Activity Check Payee Security Number Amount
------------------------------------------------------------------------------------------------------------------------------------ Total Checks - .00
97 Prepared 7/25/24, 13:58:25 Check Register Page 1
Program PR655L BIWEEKLY Pay Period 15
CITY OF BANNING Pay Date 7/26/24 7/08/24 To 07/21/24
------------------------------------------------------------------------------------------------------------------------------------ Dept/Div Social Check
Activity Check Payee Security Number Amount
------------------------------------------------------------------------------------------------------------------------------------ RIVERSIDE COUNTY SHERIFF - SCS 13590 562.32
1900-412 GERONIMO, ALEJANDRO 2661 13591 .00
1900-412 PHILLIPS, JOYCE Y 6549 13592 .00
CALIF. STATE DISBURSEMENT UNIT 13593 427.38
TEXAS CHILD SUPPORT SDU 13594 550.62
FRANCHISE TAX BOARD 13595 628.67
4000-461 GAITER, MARIAH 2531 13596 847.72
4000-461 GARCIA, DONNA 2558 13597 677.71
CALIF. STATE DISBURSEMENT UNIT 13598 241.15
4000-461 MONTES, ALEXIS D 5374 13599 739.77
4010-461 AVALOS, ALEX M 576 13600 364.01
4010-461 BARON, BYRON 178 13601 674.74
4010-461 ECKMAN, GRACE J 2186 13602 777.51
4010-461 FLOYD, ANTHONY P 2394 13603 970.01
4010-461 ODENBAUGH, JONATHAN 6070 13604 428.78
4010-461 SANTOS, ABIEGAIL M 184 13605 1,054.63
4010-461 SCARRY, COLE 7674 13606 790.67
4010-461 STOKES, AALIYAH M 8186 13607 674.73
4010-461 TREJO, ADRIAN 186 13608 302.32
CALIF. STATE DISBURSEMENT UNIT 13609 255.23
FRANCHISE TAX BOARD 13610 50.00
Total Checks - 21 11,017.97
98 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: A'ja Wallace,
Lincoln Bogard, Administrative Services Director
MEETING DATE: September 10, 2024
SUBJECT: Receive and File Cash and Investments Report for the Month of July 2024
RECOMMENDATION:
That City Council receive and file Cash and Investment Report for July 2024 on this day, September 10, 2024, in accordance with California Government Code 53646.
BACKGROUND:
The City’s investment portfolio is compliant with its Investment Policy and Pooled Cash is expected to meet all disbursement requirements for the next six months.
JUSTIFICATION:
UNRESTRICTED CASH AND INVESTMENTS:
Cash & Investments June 2024 July 2024
Funds under Control of the City:
Petty Cash / Cash on Hand $4,055.00 $4,055.00
Sub-Total $4,055.00 $4,055.00
Checking and Savings:
Wells Fargo - General Account -
XXXXX5798
$12,550,500.60 $8,582,053.99
Bank of America - Parking Citations -
XXXXXX8776
$144,614.30 $145,094.53
Bank of America - Airport Visa -
XXXXXX7548
$594,899.26 $598,681.90
Bank of America - CNG Charge Acct -
XXXXXX5594
$79,091.90 $79,091.90
Sub-Total $13,369,106.06 $9,404,922.32
See Investment Report for Details of
the following investments:
State of California, Local Agency
Investment Fund
$18,374,566.99 $23,600,097.23
% of Investments in LAIF 47% 47%
US Bank City of Banning Investment
Custody Account XXXXX6000
$21,001,179.74 $21,022,044.54
99 Cash and Investments $52,748,907.79 $54,031,119.09
RESTRICTED CASH AND INVESTMENTS:
Cash & Investments May 2024 June 2024
Cash with Fiscal Agents
US Bank
2015 Water Revenue Bonds-BUA
Water Projects - 258228005
$865,965.66 $869,344.99
2015 Water Revenue Bonds-BUA
Water Projects - 258228000
$3,707.96 $3,722.43
2019 Wastewater Revenue Bond -
254226002
$117,503.84 $117,504.80
2019 Wastewater Revenue Bonds
254226000
$115,040.95 $115,041.89
2019 Wastewater Revenue Bonds
- BUA Water Projects - Previous
Balance less amount required for
Refunding - 254226006
$2,502,973.93 $2,502,994.43
2015 Electric Revenue BondAcquisition & Construction Fund - 262685003
$2,481.15 $2,490.83
2015 Electric Revenue BondAcquisition & Construction Fund - 262685000
$10,240.66 $10,778.77
Successor Agency of the
Dissolved Redevelopment Agency
of the City of Banning Tax
Allocation Bonds Series 2016
(Taxable) Unexpended Proceeds
Fund - 277166005
$7,687,380.71 $7,687,412.31
Successor Agency of the
Dissolved Redevelopment Agency
of the City of Banning Tax
Allocation Bonds Series 2016
(Taxable) Revenue Fund -
277166000
$0.00 $0.00
Improvement Dist No 2004-1 (Fair
Oaks Ranch Estates) Limited
Obligation Improvement Bonds
Series 2005A Principal Acct789582001
$0.00 $0.00
Improvement Dist No 2004-1 (Fair
Oaks Ranch Estates) Limited
Obligation Improvement Bonds
Series 2005A Reserve Fund789582003
$186,063.02 $186,054.47
PERMA Member Trust Account
xxx-xxxx-101.12-00
$2,678,579.45 $2,678,579.45
CAISO - City of Banning
XXXXX6994
$125,826.43 $120,474.38
100
City of Banning - XXXXX5920 -
Riverside Public Utilities (RPU)
$806,586.83 $309,235.01
Cash with Fiscal Agents
US Bank
$15,102,350.59 $14,603,633.76
Restricted Investment in SCPPA
Project Stabilization Fund
Project Stabilization Fund $952,200.02 $983,429.77
Total Restricted Cash
and Investments
$16,054,550.61 $15,587,063.53
Grand Total Cash
and Investments
$68,803,458.40 $69,618,182.62
BOND RESERVE INSURANCE POLICIES:
Insurance Policy and Purpose Market Value
2015 Electric Revenue Bond-Reserve Fund -
262685002 - Market Value
$2,428,543.76
Successor Agency of the Dissolved Redevelopment
Agency of the City of Banning Tax Allocation Bonds
Series 2016 (Taxable) Reserve Fund- 277166004
Market Value
$2,205,497.50
FISCAL IMPACT:
Not applicable.
I hereby certify that the investment activity for this reporting period conforms with the investment policy adopted by the City of Banning's City Council and the California Government Code Section 53601.
I also certify that there exists adequate pooled cash available to meet the City's disbursement requirements for at least the next six months.
ALTERNATIVES:
Not applicable.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. Attachment 1-Investment Report July 2024.pdf
2. Attachment 2-City of Banning Broker Report July 2024.pdf
3. Attachment 3-LAIF Market Valution July 2024.pdf
4. Attachment 4-PMIA-LAIF Performance Report July 2024.pdf 101
Investment Held by Investment Name Investment Type CUSIP Number Standard & Poors Rating Moodys Rating Maturity Duration Par
Market
Yield
Market
Price
Market
Value/Accrued Int
Percentage of
Investments
State of California, Local Agency
Investment Fund
City of Banning Pooled Investment N/A N/A N/A $ 23,600,097.00 4.516 100.41145 $ 23,697,200.40 52.9% Successor Agency Pooled Investment N/A N/A N/A $ 0.23 4.516 100.41145 $ 0.23 0.0% $ 23,600,097.23 $ 23,697,200.63 52.9%
US Bank- Broker Chandler Asset
Management
Government Agencies
Total ABS Asset-Backed Securities Various AAA Aaa 1.89 $ 540,000.00 5.000 101.177 $ 546,357.50 1.21% Total Agency Federal Agencies Various AA+ Aaa 1.14 $ 12,200,000.00 5.030 98.178 $ 11,977,752.43 27.3% Total Commercial Paper Paper 62479LL78 NA A-1 0.26 $ 300,000.00 5.430 98.544 $ 295,632.00 0.7% Total Corporate Corporate Various A+ A1 0.68 $ 4,090,000.00 5.210 99.605 $ 4,073,859.41 9.2% Total Money Market Money Market/Mutual Funds 31846V401 AAA Aaa 0.00 $ 30,674.72 4.770 100.000 $ 30,674.72 0.1% Total Cash Cash and Equivalents Various AAA Aaa 0.00 $ 1,369.82 0.000 100.000 $ 1,369.82 0.0% Total US Treasury US Treasuries Various AA+ Aaa 0.36 $ 3,860,000.00 5.000 99.096 $ 3,825,113.24 8.7% $ 21,022,044.54 $ 20,750,759.11 47.1%
Total Investments $ 44,622,141.77 $ 44,447,959.75 100.0% * See page 7-10 of Broker report for details by category City of Banning
Report of Investments
July 2024
Reviewed by: Lincoln Bogard Fiscal Services Department / Finance 102
MONTHLY ACCOUNT STATEMENT
City of Banning | Account #11089 | As of July 31, 2024
CHANDLER ASSET MANAGEMENT | chandlerasset.com
Chandler Team: Custodian:
US Bank
103
City of Banning | Account #11089 | As of July 31, 2024
PORTFOLIO SUMMARY
Portfolio Characteristics
Sector Allocation
Performance Review
Account Summary
Maturity Distribution
Top Issuers
Credit Quality
Total Rate of Return 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS (07/01/23) City of Banning
AA+
Beg. Values as of
07/01/2024
End Values as of
07/31/2024
Total Market Value 20,607,997.60 20,750,759.12
104
City of Banning | Account #11089 | As of July 31, 2024
STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes
5 4
180
99 5 1
105
City of Banning | Account #11089 | As of July 31, 2024
STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes
5 FEDERAL AGENCIES
Not
Not
5 2
5 5
MUTUAL FUNDS
106
City of Banning | Account #11089 | As of July 31, 2024
STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes
5 5
U.S. TREASURIES
5 1
107
City of Banning | Account #11089 | As of July 31, 2024
RECONCILIATION SUMMARY
Accrual Activity Summary
Fair Market Activity Summary
Month to Date Fiscal Year to Date
(07/01/2024)
Month to Date Fiscal Year to Date
(07/01/2024)
Maturities / Calls
Month to Date (550,000.00)
Fiscal Year to Date (550,000.00)
Principal Paydowns
Month to Date 0.00
Fiscal Year to Date 0.00
Purchases
Month to Date 1,485,919.69
Fiscal Year to Date 1,485,919.69
Sales
Month to Date (742,914.77)
Fiscal Year to Date (742,914.77)
Interest Received
Month to Date 20,424.67
Fiscal Year to Date 20,424.67
Purchased / Sold Interest
Month to Date (7,419.75)
Fiscal Year to Date (7,419.75)
108
City of Banning | Account #11089 | As of July 31, 2024
HOLDINGS REPORT
Cusip Units
Cost Value
Book Value Mkt YTM
Market Value
Accrued Int. Gain/Loss Fitch
Maturity
ABS
08/08/2023 NA/AAA
AAA
02/25/2028
NA/AAA
AAA
05/15/2028
09/12/2023 Aaa/NA
AAA
Aaa/AAA
NA
09/15/2028
09/12/2023 NA/AAA
AAA
Total ABS 540,000.00 5.38%
539,962.76
539,970.50
100.96
5.00%
545,170.18
1,187.32
2.64%
5,199.68
Aaa/AAA
AAA
3.79 1.89
AGENCY
313384A58 08/02/2024
01/22/2024
F1+
04/14/2025
04/14/2022 Aaa/AA+
AA+
04/14/2025
04/14/2022 Aaa/AA+
AA+
05/29/2025
10/30/2020 Aaa/AA+
AA+
03/30/2022 Aaa/AA+
AA+
Total Agency 12,200,000.00 2.33%
12,194,698.67
12,199,972.39
97.44 5.03%
11,885,439.10
92,313.33
57.65%
(314,533.29)
Aaa/AA+
AA+
1.20 1.14
Aaa/AAA
AAA
Total Cash 1,369.82 0.00%
1,369.82
1,369.82
1.00 0.00%
1,369.82
0.00 0.01%
0.00 Aaa/AAA
AAA
0.00 0.00
109
City of Banning | Account #11089 | As of July 31, 2024
HOLDINGS REPORT
Cusip Units
Cost Value
Book Value Mkt YTM
Market Value
Accrued Int. Gain/Loss Fitch
Maturity
COMMERCIAL
NA
Total Commercial
300,000.00 5.50%
291,796.67
295,630.84
98.54 5.43%
295,632.00
0.00 1.43%
1.16 NA
0.27 0.26
89115A2J0 04/22/2024 A1/A
11/01/2024
04/30/2024 A1/A
A1/A
01/10/2025
04/30/2024
04/30/2024
A
A
04/30/2024 A1/A
03/15/2025
04/22/2024 A3/A
A
04/30/2024 A1/A+
A+
04/13/2025
A1/AA
04/15/2025
05/14/2024
20030NBN0 08/15/2025
09/08/2025
A1/A
A+
110
City of Banning | Account #11089 | As of July 31, 2024
HOLDINGS REPORT
Cusip Units
Cost Value
Book Value Mkt YTM
Market Value
Accrued Int. Gain/Loss Fitch
Maturity
NA
Total Corporate 4,090,000.00 5.25%
3,995,375.90
4,033,694.77
98.62 5.21%
4,033,468.67
40,390.74
19.57%
(226.10)
A2/A
A+
0.71 0.68
FUND
Aaa/
AAAm
AAA
Total Money
Market Fund 30,674.72 4.76%
30,674.72
30,674.72
1.00 4.76%
30,674.72
0.00 0.15%
0.00 Aaa/
AAAm
AAA
0.00 0.00
US TREASURY
08/01/2024
03/18/2024
F1+
08/08/2024 F1+
09/05/2024
03/11/2024
F1+
F1+
09/19/2024 F1+
10/10/2024
05/23/2024
F1+
F1+
11/15/2024
04/30/2024 Aaa/AA+
AA+
12/15/2024
04/30/2024 Aaa/AA+
AA+
12/19/2024 F1+
111
City of Banning | Account #11089 | As of July 31, 2024
HOLDINGS REPORT
Cusip Units
Cost Value
Book Value Mkt YTM
Market Value
Accrued Int. Gain/Loss Fitch
Maturity
01/15/2025
Aaa/AA+
AA+
Aaa/AA+
AA+
Total US Treasury 3,860,000.00 5.22%
3,782,635.98
3,824,379.17
99.05 4.69%
3,823,226.13
1,887.11
18.55%
(1,153.04)
Aaa/AAA
AAA
0.37 0.36
21,022,044.54 3.56%
20,836,514.52
20,925,692.20
97.93 5.00%
20,614,980.62
135,778.50
100.00%
(310,711.58) AA
1.00 0.91
Total Market
Value + Accrued 20,750,759.12
112
City of Banning | Account #11089 | As of July 31, 2024
TRANSACTION LEDGER
Type Date
Acq/Disp
Yield Amount Sold Total Amount Gain/Loss
ACQUISITIONS
20030NBN0 08/15/2025
1,495,424.67 (1,485,919.69) (7,419.75) (1,493,339.44) 0.00 TOTAL
ACQUISITIONS 1,495,424.67 (1,485,919.69) (7,419.75) (1,493,339.44) 0.00 Total Maturity (550,000.00) 550,000.00 0.00 550,000.00 (0.00) Total Sale (742,914.77) 742,914.77 0.00 742,914.77 0.00 113
City of Banning | Account #11089 | As of July 31, 2024
TRANSACTION LEDGER
Type Date
Acq/Disp
Yield Amount Sold Total Amount Gain/Loss
TOTAL
(1,292,914.77) 1,292,914.77 0.00 1,292,914.77 (0.00)
01/10/2025
01/13/2025
05/15/2028
09/15/2028
02/25/2028
Total Coupon 0.00 17,409.75 0.00 17,409.75 0.00
Total Dividend 0.00 1,369.82 0.00 1,369.82 0.00
TRANSACTIONS 0.00 18,779.57 0.00 18,779.57 0.00
114
City of Banning | Account #11089 | As of July 31, 2024
INCOME EARNED
Cusip
Trade Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Net Accret/Amort
Income Earned
Total Income
Total Cash & Equivalents 257,044.54
206,179.74
973,615.69
(742,914.77)
255,498.68
0.00 1,214.92
0.00 1,214.92
263.12
0.00 263.12
1,478.04 1,478.04
FIXED INCOME
04/22/2024
04/24/2024
04/13/2025
09/15/2028
09/12/2023
09/19/2023
04/30/2024
05/02/2024
115
City of Banning | Account #11089 | As of July 31, 2024
INCOME EARNED
Cusip
Trade Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Net Accret/Amort
Income Earned
Total Income
02/25/2028
01/10/2025
04/30/2024
05/02/2024
04/30/2024
05/02/2024
20030NBN0 08/15/2025
03/30/2022
03/30/2022
04/14/2022
04/14/2022
04/14/2022
04/14/2022
116
City of Banning | Account #11089 | As of July 31, 2024
INCOME EARNED
Cusip
Trade Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Net Accret/Amort
Income Earned
Total Income
313384A58 08/02/2024
01/22/2024
01/23/2024
05/29/2025
10/30/2020
10/30/2020
08/08/2023
08/11/2023
05/15/2028
09/12/2023
09/19/2023
05/09/2024
04/15/2025
05/14/2024
04/30/2024
05/02/2024
117
City of Banning | Account #11089 | As of July 31, 2024
INCOME EARNED
Cusip
Trade Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Net Accret/Amort
Income Earned
Total Income
89115A2J0
04/22/2024
04/24/2024
04/30/2024
05/02/2024
02/22/2024
02/23/2024
12/04/2023
12/05/2023
08/08/2024 05/08/2024
09/05/2024
03/11/2024
03/12/2024
08/01/2024
03/18/2024
03/19/2024
09/19/2024
118
City of Banning | Account #11089 | As of July 31, 2024
INCOME EARNED
Cusip
Trade Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Net Accret/Amort
Income Earned
Total Income
10/10/2024
05/23/2024
05/24/2024
12/19/2024
912828XX3
11/13/2023
11/14/2023
04/30/2024
05/01/2024
12/15/2024
04/30/2024
05/01/2024
Total Fixed Income 20,765,000.00
20,684,452.37
512,304.00
(550,000.00)
20,670,193.52
106,583.58
11,790.00
135,778.50
40,984.93
23,437.15
0.00 23,437.15
64,422.08 64,422.08
119
City of Banning | Account #11089 | As of July 31, 2024
INCOME EARNED
Cusip
Trade Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Net Accret/Amort
Income Earned
Total Income
21,022,044.54
20,890,632.11
1,485,919.69
(1,292,914.77)
20,925,692.20
106,583.58
13,004.92
135,778.50
42,199.85
23,700.28
0.00 23,700.28
65,900.12 65,900.12
120
City of Banning | Account #11089 | As of July 31, 2024
CASH FLOW REPORT
Income Total Amount
AUGUST 2024
08/01/2024
08/01/2024
08/08/2024
08/15/2024
08/15/2024 20030NBN0
08/15/2024
08/20/2024
02/24/2025
August 2024 Total 536,369.82 13,141.00 549,510.82
09/03/2024
09/05/2024
09/09/2024
09/13/2024 89115A2J0
09/13/2024 89115A2J0
09/19/2024
09/20/2024
09/25/2024
09/30/2024
September 2024
Total 1,175,000.00 63,582.25 1,238,582.25
121
City of Banning | Account #11089 | As of July 31, 2024
CASH FLOW REPORT
Income Total Amount
OCTOBER 2024
10/01/2024
10/10/2024
10/15/2024
10/15/2024
10/15/2024
10/15/2024
10/15/2024
10/15/2024
10/21/2024
10/25/2024
10/29/2024 05/29/2025
October 2024
Total 800,000.00 131,053.50 931,053.50
NOVEMBER 2024
11/01/2024
11/01/2024
11/15/2024
11/15/2024
11/15/2024
11/15/2024
11/18/2024
11/20/2024
11/25/2024
November 2024
Total 860,000.00 6,466.00 866,466.00
DECEMBER 2024
122
City of Banning | Account #11089 | As of July 31, 2024
CASH FLOW REPORT
Income Total Amount
12/19/2024
12/20/2024
12/25/2024
December 2024
Total 800,000.00 8,041.00 808,041.00
JANUARY 2025
01/10/2025
01/10/2025
01/13/2025 01/13/2025
01/13/2025 01/13/2025
01/15/2025
01/15/2025
01/15/2025
01/15/2025
01/15/2025
01/20/2025
January 2025 Total 770,000.00 17,409.75 787,409.75
FEBRUARY 2025
123
City of Banning | Account #11089 | As of July 31, 2024
CASH FLOW REPORT
Income Total Amount
02/18/2025
02/18/2025 20030NBN0
02/20/2025
02/20/2025
02/24/2025 02/24/2025
02/24/2025 02/24/2025
02/25/2025
February 2025
Total 522,342.36 13,141.00 535,483.36
03/03/2025
03/10/2025
03/20/2025
03/20/2025
03/25/2025
03/25/2025
03/31/2025
March 2025 Total 254,946.86 58,215.50 313,162.36
04/01/2025
04/01/2025
04/14/2025
04/14/2025
124
City of Banning | Account #11089 | As of July 31, 2024
CASH FLOW REPORT
Income Total Amount
04/14/2025
04/14/2025
04/14/2025
04/14/2025
04/15/2025
04/15/2025
04/15/2025
04/15/2025
04/21/2025
04/21/2025
04/25/2025
04/25/2025
04/29/2025 05/29/2025
April 2025 Total 7,028,406.58 131,020.72 7,159,427.29
MAY 2025
05/15/2025
05/15/2025
05/20/2025
05/20/2025
05/29/2025 05/29/2025
05/29/2025 05/29/2025
May 2025 Total 3,008,496.49 3,545.35 3,012,041.83
JUNE 2025
125
City of Banning | Account #11089 | As of July 31, 2024
CASH FLOW REPORT
Income Total Amount
June 2025 Total 15,536.38 2,307.05 17,843.43
Grand Total 57,020,000.00 15,771,098.49 447,923.11 16,219,021.60 126
City of Banning | Account #11089 | As of July 31, 2024
IMPORTANT DISCLOSURES
Custody:
127
City of Banning | Account #11089 | As of July 31, 2024
BENCHMARK INDEX & DISCLOSURES
Benchmark Disclosure
128
Carrying Cost Plus
Description Accrued Interest Purch. Fair Value Accrued Interest United States Treasury:
Bills 41,939,954,445.84 $ 42,512,495,348.50 $ NA
Notes 59,113,939,716.78 $ 58,869,617,733.00 $ 424,205,708.00 $ Federal Agency:
SBA 243,005,100.60 $ 247,345,430.53 $ 1,177,502.63 $
MBS-REMICs 1,393,997.21 $ 1,367,919.70 $ 6,081.20 $
Debentures 7,950,158,519.06 $ 7,897,843,475.00 $ 71,800,570.00 $ Debentures FR - $ - $ - $
Debentures CL 2,050,000,000.00 $ 2,048,222,200.00 $ 11,816,668.50 $ Discount Notes 25,745,075,833.27 $ 26,069,152,200.00 $ NA Supranational Debentures 2,749,827,533.33 $ 2,731,503,650.00 $ 25,105,459.00 $ Supranational Debentures FR - $ - $ - $
CDs and YCDs FR - $ - $ - $
Bank Notes
CDs and YCDs 14,200,015,000.00 $ 14,201,039,481.92 $ 224,477,902.76 $ Commercial Paper $ 10,486,013,597.15 10,359,791,180.64 $ NA Corporate:
Bonds FR - $ - $ - $
Bonds 743,024,634.11 $ 732,282,707.00 $ 7,435,756.78 $
Repurchase Agreements - $ - $ - $
Reverse Repurchase - $ - $ - $
Time Deposits 5,269,000,000.00 $ 5,269,000,000.00 $ NA
PMIA & GF Loans 418,402,000.00 $ 418,402,000.00 $ NA
TOTAL 170,783,587,960.84 $ 171,484,285,742.80 $ 766,025,648.87 $ Fair Value Including Accrued Interest $ 172,250,311,391.67 Repurchase Agreements, Time Deposits, PMIA & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost).
State of California
Pooled Money Investment Account
Market Valuation
7/31/2024
129
July 4.516
June 4.480
May 4.332
April 4.272
March 4.232
February 4.122
PMIA Average Life(1): 217
LAIF Fair Value Factor(1): 0.996316042
PMIA Daily(1): 4.52
PMIA Quarter to Date(1): 4.36
LAIF Apportionment Rate(2): 4.55
LAIF Earnings Ratio(2): 0.00012419067099490
LAIF Administrative Cost(1)*: 0.16
Treasuries
56.92%
Agencies
24.41%
Certificates of
Deposit/Bank Notes
8.68%
Time
Deposits
2.84%
Commercial
Paper
6.56%
Corporate
Bonds
0.39%
Loans
0.20%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a). *The percentage of administrative cost equals the total administrative cost divided by the quarterly interest earnings. The l aw provides that administrative costs are not to exceed 5% of quarterly EARNINGS of the fund. However, if the 13 -week Daily Treasury Bill Rate on the last day of the fiscal year is below 1%, then administrative costs shall not exceed 8% of quarterly EARNINGS of the fund for the subseque nt fiscal year.
Source:
(1) State of California, Office of the Treasurer
(2) State of Calfiornia, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 8/07/24
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 06/30/24
Chart does not include $1,567,000.00 in mortgages, which equates to 0.001%. Percentages may not total 100% due to rounding.
Pooled Money Investment Account
Monthly Portfolio Composition (1)
6/30/24
$178.0 billion
130
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Brandon Robinson, Electrical Engineering Supervisor Arturo Vela, Director of Public Works
MEETING DATE: September 10, 2024
SUBJECT: Accept an Easement from Tri Pointe Homes for Electric Utility Purposes on Tract Map No. 37389-1, within the Atwell Development for the Maintenance of the City-Owned Electric Distribution System RECOMMENDATION:
Staff recommends that City Council accepts an easement from Tri Pointe Homes for electric utility purposes for Tract Map No. 37389-1, Lots ‘K’, ‘L’, ‘O’, ‘P’, and ‘Q’ within the Atwell Development for the maintenance of the City-owned electric distribution system.
BACKGROUND:
Final Tract Map No. 37389-3 within the Atwell Development Specific Plan was approved by City Council by Resolution No. 2019-151 on December 10, 2019. Banning Electric Utility has constructed electrical improvements within these tracts that were required to serve the housing development. As part of the Conditions of Approval for the project, the owner is required to provide the City with necessary easements for the maintenance of the City owned electric distribution system.
This easement will cover electric facilities that were constructed within Lots ‘M’ and "N", which is included in Tract Map 37398-3. The facilities within the proposed easement consist of primary underground electric infrastructure required for utility service along Clover Drive and Fallwater Place within the Atwell development.
JUSTIFICATION:
It is necessary to obtain the easements for the City to access and provide maintenance for the City owned electric distribution equipment which may include utility poles, conduit with conductors, transformers, switchgear, equipment pads and meters.
FISCAL IMPACT:
There is no fiscal impact associated with the acceptance of the easement.
ALTERNATIVES:
Do not approve and provide alternative direction.
BUDGETED?:
No
131
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. Easement Tract No 37389-3_7-15-24.pdf
2. Certificate of Acceptance - TriPointe Homes.docx
132
133
134
135
136
137
138
139
Recording Requested by:
City Clerk
City of Banning
P.O. Box 998
Banning, CA 92220
NO RECORDING FEE PER SECTION
6103 OF THE GOVERNMENT CODE
CERTIFICATE OF ACCEPTANCE
This is to certify that the EASEMENT – ELECTRIC UTILITY PURPOSES from Tri Pointe Homes IE-SD, Inc., dated 07/15/2024, is hereby accepted by THE CITY OF BANNING pursuant to authority conferred by the City Council this 10th day of September 2024, and the grantees consent to recordation thereof by its duly authorized agent.
Dated: September 10, 2024
CITY OF BANNING
________________________________
Caroline Patton, Administrative City Clerk
140
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: September 10, 2024
SUBJECT: Accept as Complete Various Improvements Related to the Atwell Specific Plan Development and Authorize the 90% Reduction of the Improvement Bonds
RECOMMENDATION:
City Council accept as complete various improvements related to the Atwell Specific Plan Development and authorize the 90% reductions in the improvements bonds.
BACKGROUND:
On December 10, 2019, City Council adopted Resolution 2019-151 approving Final Tract Map No. 37298-1 (NP-1 Pump Line and Segment D1 Non-Potable Water Line), releasing the map for recordation; authorizing staff to sign the subdivision improvement agreement and final tract map; and accepting the Performance and Labor and Material Bond for public improvements.
On April 22, 2022, City Council adopted Resolution 2022-44 authorizing staff to sign the Subdivision Improvement Agreement and accept the performance and labor/material bonds for public improvements at the Meadowline Water Interconnect Facility.
On June 28, 2022, City Council accepted a lot dedication from Tri Pointe Homes for the construction of the Meadowline Water Interconnect Facility for Tract Map No. 37298-1 within the Atwell Specific Plan Development.
On September 13, 2022, City Council adopted Resolution 2022-122 approving Final Tract Map Nos. 37389-1, 37389-2, 37389-3 and 37389-5 (Highland Home Road Pershing Channel Storm Drain), releasing the maps for recordation; authorizing staff to sign the subdivision improvement agreements and final tract maps; and accepting various Performance and Labor and Material Bonds for public improvements.
As conditions of approval for the Atwell Specific Plan development, Tri Pointe Homes was required to sign subdivision improvement agreements and to submit bonds to assure the City that the required public improvements are constructed according to City standards and specifications.
These public improvements included the NP-1 Pump Line, the Segment D1 Non-Potable Water Line, the Meadowline Water Interconnect Facility (mechanical and civil), and the Highland Home Road (Pershing Channel) Storm Drain for the Atwell Specific Plan Development.
JUSTIFICATION:
141
Staff has verified through inspections that the required public improvements were completed per City standards and specifications and recommends that City Council accept the improvements as complete and authorize the 90% bond exoneration for the following bonds:
Bond # Bond Amount Improvements
CMS331836 $360,716.71 NP-1 Non-Potable Water Pump Line
CMS331838 $1,252,659.70 Segment D1 Non-Potable Water Line 30151570 $2,734,000.00 Meadowline Interconnect (Mechanical) 30151571 $181,876.07 Meadowline Interconnect (Civil)
30164654 $1,121,753.13 HHR Storm Drain (Pershing Channel) The remaining 10% of the bond amounts will remain for a period of 12 months (maintenance period) at which point the 10% balance will be released and the improvements will become City owned and maintained improvements.
FISCAL IMPACT:
Not applicable.
ALTERNATIVES:
Do not accept staff’s recommendation and provide staff with additional direction.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. Attachment 1 - SIA for Tract 37298-1 (NP-1 and Segment D1).pdf
2. Attachment 2 - NP1 Pump Line Bond.pdf
3. Attachment 3 - Segment D1 Non-Potable Water Bond.pdf
4. Attachment 4 - Meadowline Interconnect SIA and Bonds.pdf
5. Attachment 5 - SIA for Tr 37389-1 (HHR Pershing Channel SD).pdf
6. Attachment 6 - HHR (Pershing Channel) Storm Drain Bonds.pdf
7. Attachment 7 - NP-1 Pump Line Plan.pdf
8. Attachment 8 - NONP SEG-D1 Plan.pdf
9. Attachment 9 - TR 37298-1 MLW-INTRCNCT MECH PLAN.pdf
10. Attachment 10 - TR 37298-1 MLW-INTRCNT CIVIL PLAN.pdf
11. Attachment 11 - TR 37389-1 SD HHR.pdf
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
NON-POTABLE WATER GENERAL NOTES:
1 THE INSTALLATION OF THE NON-POTABLE WATER SYSTEM SHALL BE ACCOMPLISHED UNDER THE APPROVAL, INSPECTION, AND TO THE SATISFACTION OF THE CITY OF BANNING (C.0.B.).
2. CONTRACTOR SHALL SCHEDULE A PRE-CONSTRUCTION MEETING WITH C.O.B. AT (951) 922-3130 TWO (2) WORKING DAYS IN ADVANCE OF STARTING WORK. CONSTRUCTION SHALL BEGIN NO LATER THAN FIVE (5) DAYS AFTER THE PRE-CONSTRUCTION MEETING. C.O.B.
SHALL BE NOTIFIED OF EACH WORKDAY THEREAFTER UNTIL COMPLETION OF THE PROJECT.
3. THE PROPERTY OWNER SHALL BE RESPONSIBLE FOR PROVIDING ACCESS TO AND COOPERATION WITH THE CITY INSPECTOR TO PERFORM ALL INSPECTIONS AND TESTING.
4. CONNECTIONS TO THE EXISTING NON-POTABLE WATER FACILITIES SHALL BE PERFORMED BY A LICENSED CONTRACTOR IN ACCORDANCE WITH THE C.O.B. NON-POTABLE ONSITE DESIGN AND CONSTRUCTION STANDARDS.
5. THERE SHALL NEVER BE ANY DIRECT CONNECTIONS BETWEEN THE POTABLE AND NON-POTABLE WATER SYSTEMS.
6. NON-POTABLE WATER SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN LANDSCAPE IRRIGATION AND APPROVED USES SUCH AS INDUSTRIAL USE OR IMPOUNDMENTS.
7. HOSE BIBS ARE PROHIBITED ON NON-POTABLE WATER SYSTEMS.
8. WATER USED IN HOSE BIBS SHALL BE POTABLE WATER AND ALL HOSE BIBS SHALL BE AFFIXED TO THE BUILDING.
9. THE POTABLE WATER SYSTEM SHALL BE PROTECTED BY AN APPROVED BACKFLOW PREVENTION DEVICE. THE NON-POTABLE WATER SERVICE WILL NORMALLY NOT REQUIRE BACKFLOW PROTECTION (AT C.O.B. DISCRETION).
10. A MINIMUM OF TEN (10) FEET HORIZONTAL SEPARATION MUST BE MAINTAINED AT ALL TIMES BETWEEN THE CONSTANT PRESSURE POTABLE AND NON-POTABLE WATER LINES. A MINIMUM OF ONE (1) FOOT VERTICAL SEPARATION MUST BE MAINTAINED AT ALL TIMES BETWEEN THE POTABLE AND NON-POTABLE WATER LINES WITH THE NON-POTABLE WATER LINE BELOW THE POTABLE.
11. ALL CROSSINGS BETWEEN POTABLE ANO NON-POTABLE WATER LINES SHALL BE AS NEAR TO PERPENDICULAR AS POSSIBLE AND THE NON-POTABLE WATER LINES SHALL BE SLEEVED A MINIMUM OF FIVE (5) FEET ON BOTH SIDES OF THE POTABLE WATER LINE.
12. SERVICE LINES FOR THE ONSITE POTABLE SYSTEM AND FILL LINES FOR WATER FEATURES CONNECTED TO THE POTABLE WATER SYSTEM SHALL BE CONSTRUCTED USING COPPER PIPE.
13. CONTINUOUS BLUE WARNING TAPE SHALL BE PLACED OVER TIHE COPPER POTABLE WATER PIPE IN THE TRENCH OF ALL PIPES CARRYING POTABLE WATER. REFER TOT. CHRISTY'S OR APPROVED EQUAL.
14. CONTINUOUS PURPLE WARNING TAPE SHALL BE PLACED OVER THE PIPE IN ALL TRENCHES CARRYING NON-POTABLE WATER. REFER TOT. CHRISTYS OR APPROVED EQUAL.
15. NON-POTABLE WATER PIPING SHALL BE PURPLE AND IDENTIFIED AS NON-POTABLE WATER BY CONTINUOUS MARKING ON BOTH SIDES. THE MARKING SHALL INCLUDE THE FOLLOWING: 'WARNING RECYCLED WATER - DO NOT DRINK". NOMINAL PIPE SIZE, PRESSURE RATING, AND ASTM DESIGNATIONS.
16. NON-POTABLE WATER ISOLATION AND CONTROL VALVE BOXES SHALL BE WEATHERPROOF PURPLE PLASTIC AND MARKED ' NON-POTABLE WATER". 'NOTE -ALL CONTIROL VALVES SHALL BE BURIED BELOW GRADE AUTOMATIC CONTROL VALVES OPERATED BY PROGRAMMABLE CONTROLLER. ABOVE GROUND ANTI-SIPHON CONTROL VALVES ARE NOT ALLOWED.
17. ALL NON-POTABLE WATER IRRIGATION SYSTEM CONTROL VALVES, ISOLATION VALVES, QUICK COUPLERS, REGULATORS, AND APPURTENANCES SHALL BE TAGGED. IDENTIFICATION SHALL BE WEATHERPROOF PURPLE PLASTIC, 3 INCHES BY 4 INCHES, AND IMPRINTED WITH WARNING "RECYCLED WATER- DO NOT DRINK" REFER TOT. CHRISTYS OR APPROVED EQUAL ..
18. ALL AREAS WHERE NON-POTABLE WATER IS USED SHALL BE POSTED WITH APPROVED SIGNAGE. EACH SIGN SHALL STATE 'RECYCLED WATER- DO NOT DRINK" AND DISPLAY THE INTERNATIONAL "DO NOT DRINK" SYMBOL.
19. BEFORE ACTIVATION OF THE POTABLE WATER SERVICE, THE BACKFLOW DEVICE SHALL BE TESTED AND APPROVED BY A LICENSED BACKFLOW TESTER. ARRANGEMENTS WITH C.0.B. MUST BE MADE AT LEAST TWO (2) WORKING DAYS IN ADVANCE TO TURN ON THE POTABLE SERVICE TO ALLOW TESTING OF THE DEVICE. POTABLE WATER SERVICE WILL NOT BE ACTIVATED UNTIL THE BACKFLOW DEVICE PASSES INSPECTION.
20. BEFORE ACTIVATION OF THE NON-POTABLE WATER SERVICE, A CROSS CONNECTION TEST AND FINAL INSPECTION AND APPROVAL OF THE IRRIGATION SYSTEM SHALL BE PERFORMED. TIHE PROPERTY OWNER OR CONTRACTOR SHALL ARRANGE WITH THE DISTRICT FOR
AN IRRIGATION COVERAGE TEST AND MAKE ANY MODIFICATIONS OR ADJUSTMENTS DEEMED REQUIRED BEFORE FINAL APPROVAL
21. All SPRAY HEADS SHALL BE ADJUSTED TO ELIMINATE OVERSPRAY AND RUNOFF ONTO ADJACENT HARDSCAPES, DRINKING FOUNTAINS OR WATER FEATURES, AND OUTDOOR FURNITURE SUCH AS PICNIC TABLES, ETC.
22. NON-POTABLE WATER IRRIGATION SYSTEMS SHALL ONLY BE OPERATED BETWEEN THE HOURS OF 9:00 PM AND 6:00AM.
23. FAILURE TO COMPLY WITH ANY OF THE CITY OF BANNING STANDARDS MAY RESULT IN TERMINATION OF NON-POTABLE WATER ANO/OR POTABLE WATER SERVICE.
NOTE NON POTABLE WATER TRENCH BACKFILL:
USE CITY STANDARD NO. W-30, W-31 FOR WATER
BASIS OF BEARINGS
THE BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF WESTWARD AVENUE, SHOWN AS SOUTH 89"36'00" E, PER PARCEL MAP NO. 24908, AS FILED IN BOOK 174, PAGES 64 AND 65 IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA.
CCSZONE6
CENTERLINE INTERSECTION WESTWARD AVENUE & HATHAWAY STREET.
CENTERLINE INTERSECTION WESTWARD AVENUE & scon STREET
BENCHMARK
N 2278291.83 E 6376381.23
N 2278273.40 E 6379021.27
BRASS DISK IN CONCRETE 41' N/0 N'LYRAIL IN RR R/W 1.0 MILES EAST OF SAN GORGONIO AVENUE BM #603.91 (DX 1081).
ELEVATION 2242.57
APPLICANT /DEVELOPER
PARDEE HOMES
1250 CORONA POINTE COURT, SUITE 600
CORONA, CA 92879
(951) 428-4400
CONTACT: MICHAEL HEISHMAN
OWNER
CITY OF BANNING
99 E. RAMSEY STREET
BANNING, CA 92220
PH: (951) 922-3130
IN THE CITY OF BANNING, STATE OF CALIFORNIA
NON-POTABLE WATER
IMPROVEMENT PLAN
CHARLES STREET NP-1 PUMP LINE
250 0 125 250 500 1000
ln• .::•...:••:-1 I 1---•I
(1 "=250')
I L - - - - - -1 WESTWARD AVEN UE
--·-T--
1 +
I
-r
I
---------~-l--~----
1 ~-- - - - - --1-"
I I trnv IOI ~ l!l!l1Gnu111m I
I I I
1' ~11illC: l £!11' +--
i!IDJ. <ll@ DJB I
SEGMENT D-1 24" NON-POTABLE WATER
l' lil ~ 1~!tl' i!IOI .. @® @
PER SEPARATE I
PLAN 2 >--~
_L
ENGINEER'S NOTICE TO CONTRACTORS
TIHE EXISTENCE AND LOCATION OF ANY UNDERGROUND OR OVERHEAD UTILITIES OR STRUCTURES SHOWN ON TIHESE PLANS ARE APPROXIMATE. THE ENGINEER ASSUMES NO LIABILITY AS TO THE EXACT LOCATION OF SAID LINES NOT FOR UTILITIES OR IRRIGATION LINES WHOSE LOCATION ARE NOT SHOWN. THE CONTRACTOR SHALL
BE RESPONSIBLE FOR NOTIFYING ALL UTILITY AND IRRIGATION COMPANIES PRIOR TO WORK AND ACCURATELY IDENTIFY THESE LOCATIONS, WHETHER OR NOT SHOWN HEREON. AND IS RESPONSIBLE FOR ANY DAMAGE OR PROTECTION OF THESE LINES. PHASED UTILITY RELOCATIONS MAY BE NECESSARY AND SHALL BE THE CONTRACTOlfS RESPONSIBILITY OR CLOSELY COORDINATE HIS ACTIVITIES WITH THOSE OF ALL UTILITY COMPANIES. THE CONTRACTOR SHALL CALL IN A LOCATION REQUEST TO UNDERGROUND SERVICE ALERT (U.S.A.) PHONE 1-800-227-2600 TWO (2) WORKING DAYS PRIOR TO DIGGING. NO CONSTRUCTION PERMIT ISSUED
BY PUBLIC WORKS DEPARTMENT SHALL BE VALID INVOLVING UNDERGROUND FACILITIES UNLESS THE APPLICANT HAS AN INQUIRY IDENTIFICATION NUMBER ISSUED BY U.S.A.
TIHE ESTIMATED QUANTITY FOR EACH SPECIFIC ITEM OF THE WORK DESIGNATED ON THE PLANS SHALL BE
CONSIDERED AS APPROXIMATE ONLY AND NO GUARANTEE IS MADE THAT THE QUANTITIES WHICH CAN ONLY
BE DETIERMINED BY COMPUTATIONS, BASED ON THE DETAILS AND DIMENSIONS SHOWN ON THE PLANS, WILL EQUAL THE ESTIMATED QUANTITIES. TIHE ESTIMATE OF QUANTITIES IS PROVIDED BY THE ENGINEER ONLY FOR
THE CONVENIENCE OF THE OWNER, THE CONTRACTOR SHALL MAKE HIS OWN DETERMINATION AND BE RESPONSIBLE FOR HIS OWN CONSTRUCTION QUANTITIES BEFORE SUBMITIING A BID. ANY ITEM OF WORK, OR
PORTION THEREOF, REQUIRED BY THESE PLANS WHICH IS NOT SPECIFICALLY LISTED IN THE ESTIMATE OF QUANTITIES SHALL BE CONSIDERED AS INCLUDED IN THE OTHER ITEMS OF WORK. 6" 0 STD. WALL STEEL PIPE POST
6' LONG - CONCRETE FILLED
(COLOR TO BE SAFETY YELLOW)
\lii7ffi1W~ lill W 1flil i~IG11
I IOl 'il ~
I ~li'!kl'il l' - I
I I
o/NJ IA IW!EiJtlL If llFtiJ:\Clr
l lOl11 ~
~~ !P
I I
NOTIFICATIONS
AT LEAST 48 HOURS PRIOR TO COMMENCING CONSTRUCTION,
CONTRACTOR SHALL. NOTIFY:
WATER AND SEWER
ELECTRIC
CABLE
TELEPHONE
GAS
UTILITIES
WATER
CITY OF BANNING
99 EAST RAMSEY STREET
BANNING,CA 92220
(951) 922-3185
SEWER
CITY OF BANNING
99 EAST RAMSEY STREET
BANNING,CA 92220
(951) 922-3185
CITY OF BANNING (951) 922-3281
CITY OF BANNING (951) 922-3260
TIME WARNER (760) 674-5455
FRONTIER COMMUNICATIONS (909) 748-6649
SOUTHERN CALIFORNIA GAS (909) 335-7926
COMPANY
TRASH
CITY OF BANNING
99 EAST RAMSEY STREET
BANNING,CA 92220
1951 I 922-3185
TELEPHONE
FRONTIER COMMUNICATIONS
280 SOUTH LOCUST STREET
POMONA,CA 92363
(909) 397-0042
-1-
1 CITY OF BANNING
WAVERLY TRACT
LOT 2
EXISTING
P-1WELL_
ABBREVIATIONS
HP
LP
Pl
SD
SS
DW
RCW
G
NO.
l
R
L
MIN
MAX
ST
PA
AVG.
R/W
AW
TC
GB
FL
BVC
MVC
EVC
vc
EX.
HIGH POINT
LOW POINT
POINT OF INTERSECTION
STORM DRAIN
SANITARY SEWER
POTABLE WATER
NON-POTABLE WATER
GAS
NUMBER
DELTA
RADIUS
LENGTH
MINIMUM
MAXIMUM
STREET
PLANNING AREA
AVERAGE
RIGHT OF WAY
RETAINING WALL
TOP OF CURB
GRADE BREAK
FLOWUNE
BEGIN VERTICAL CURVE
MIDDLE VERTICAL CURVE
END VERTICAL CURVE
VERTICAL CURVE
EXISTING
CL
F.F.
BCR
ECR
FG
TG
INV
LF
EA
SF
CY
AC
AB
CONC
RCP
CMP
NG
CF
TYP
PVC
VCP
10 BROOKSIDE AV.
BEAUMONT
OAK VALLEY PRKY.
ii
COUNTY OF
RIVERSIDE
BANNING I
PROJECT
SITE ..._ ... ~
~ ~ ~ § ; ~ 8TH STREET 85 ~ WILSON STREET ~ ~~ITT=H~S=TR~E=ET=-r--~-'-1'~-"-~=--+-'~T"'--~: t:::::j::::::::::(\ I 4 ~ E GEORGE ST.
RAMSEY STREET (jl %
INTERSTATE 10 0
"'p
.-: I :;;a _J l-1s'"u"" .,.,.,, ~& 'ilIVcc"'=="' WESTWARD AVE. ,,_,'"~--'-----t--l~~":::J BLVD.
CJ I ~CHARLES ST.
1 ~ I
VICINITY MAP
NOTTO SCALE
CONSTRUCTION NOTES AND ESTIMATED QUANTITIES:
NON-POTABLE WATER IMPROVEMENT PLAN UNIT
G) INSTALL 12" DIP (CLASS 350) WITH PURPLE V-BIO POLYETHYLENE ENCASEMENT PER CITY STD. DWG. NO. W-31 LF ® INSTALL 12" BUTIERFLY VALVE PER CITY STD. DWG. NO. W-20 EA ® ADJUST VALVE COVER TO GRADE PER CITY STD. DWG. NO. W-21 EA 0 INSTALL 12" DIP BLIND FLANGE EA
® REMOVE AND REPLACE EXISTING AC PAVEMENT OVER BASE IN KIND PER CITY STD. DWG. NO. W-30 SF ® INSTALL 12" - 22.5" D.l.P. BEND EA
0 INSTALL 12" • 45" D.l.P. BEND EA
® INSTALL GUARD POSTS PER DETAIL HEREON. EA
@ INSTALL 4" BLOW-OFF VALVE ASSEMBLY PER CITY STD. DWG. NO. N-19 EA @ REMOVE AND REPLACE EXISTING CURB & GUTIER IN KIND FOR BLOW-OFF ASSEMBLY INSTALL (W=5') LF @ REMOVE AND REPLACE EXISTING SIDEWALK IN KIND FOR BLOW-OFF ASSEMBLY INSTALL (W=5') SF
NON-POTABLE WATER LEGEND
CENTERLINE
FINISHED FLOOR
BEGIN CURB RETURN
END CURB RETURN
FINISHED GRADE
TOP OF GRATE
INVERT
---NPW --- PROPOSED NON-POTABLE WATER MAIN
LINEAR FEET
EACH
SQUARE FEET
CUBIC YARDS
ASPHALT CONCRETE
AGGREGATE BASE
CONCRETE
REINFORCED CONCRETE PIPE
CORRUGATED METAL PIPE
NATURAL GROUND
CURB FACE
TYPICAL
POLYVINYL CHLORIDE PIPE
VITRIFIED CLAY PIPE
ssx
Wx
Gx
Tx
- CATV x -
- Ex
'------
Cf-----
GATE VALVE OR BUTIERFLY VALVE
BLOW-OFF ASSEMBLY
PAVEMENT REMOVE & REPLACE
EXISTING SANITARY SEWER
EXISTING DOMESTIC WATER
EXISTING GAS
EXISTING TELEPHONE
EXISTING CATV
EXISTING ELECTRIC
EXISTING FIRE HYDRANT
EXISTING SANITARY SEWER LATERAL
EXISTING WATER METER
6" 0 PROTECTIVE POSTS -" ELECTRIC CABLE WATER LINE OPERATING PRESSURE SHEET INDEX MIN. 8" CLASS "B"
CONCRETE ALL AROUND
SEE DETAIL AT LEFT
EXISTING
GRADE
® GUARD POSTS
NTS
CITY OF BANNING
99 EAST RAMSEY STREET
BANNING.CA 92220
(951) 922-3185
GAS
SOUTHERN CALIFORNIA GAS COMPANY
1981 WEST LUGONIAAVENUE
REDLANDS, CA 9237 4
(909) 335-3928
SPECTRUM CABLE
3317 WEST RAMSEY STREET
BANNING,CA 92220
(866) 417-1039
STORM DRAIN
CITY OF BANNING
99 EAST RAMSEY STREET
BANNING.CA 92220
(909) 922-3185
25 PSI (APPROXIMATE)
ST E LATINO, PE.
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC
SHEET 1
SHEETS 2-5
TITLE SHEET AND SHEET INDEX MAP
NON-POTABLE WATER IMPROVEMENT
PLAN AND PROFILE
QUANTITY
3,236
4 7
2 5,446
2 3
2 3
5 25
Underground Service Alert
SEAL - ENGINEER SUBMITTED BY: 1-----+------------ - --------+---+- --t RECOMMENDED FOR APPROVAL BY: PREPARED BY: SCALE: CITY OF BANNING NON-POTABLE WATER NP-1 PUMP LINE
W.O .. NO ..
Call:TOLL FREE
1-800
227-2600
TWO WORKING DAYS
BEFORE YOU DIG
l--- -+---------------------+----t----1 LUIS A. GARDENAS. RCE #78335
SENIOR CIVIL ENGINEER
APPROVED BY: 1----+---------------------+--
APPR.
--tDATIE --i
4'\
~ lUROVELA;cE #75696 1-----+---------- -----------+---+---t MARK REVISIONS PUBLIC WORKS DIRECTOR/CllY ENGINEER
1~11-17
EXP. 9/30/19 OATE
EXP. 6130/20
f@A1 DATE
EDWARD J. LENTH
RCE# 052496 EXP.12-31 -20
Bl '2..\-- l'.:'1
DATE
MOS MOR S E
CONSULTING SCHULTZ
PLANNERS ENGINEERS
17320 Redhill Avenue
Suite 350
Irvine, CA 92614
Voice: 949-251-8821
SURVEYORS
HORIZ: 1" = 40'
VERT: 1" = 4'
DATE: 8/23/19
DRAWN BY: JC
DESIGNED BY: JC
CHECKED BY: EL COUNTY OF RIVERSIDE
CALIFORNIA
TITLE SHEET
AND SHEET INDEX MAP
MOS Proj. Data: 1:\89438\ENGINEERINGIPlans\RCW ~JPl
Created: 07.19.2019 11 :00:34 AM Author:---
Last Edit: 08.26.201 9 12:17:37 PM By: Jehu
5 i.tAP FILE NO.
MOS File: 89438-RCW-NPl SITT01TI.dwg
Plot Scale: 0.143531 Dw{I Sc ale: ----
Plot Date: 08.26.201 9 12:17:48 PM By: jchu
w
z
_J
a....
~
:::>
a....
T""
I
a....
z ~
z
:5
a....
1-
z
w
~
w
6 a:
a....
~
a:
w
~ w
_J
cc
~ 0
a.... I
z
0 z
306
. -
-
'··
··- , .. -
- -·- ----- -
.
.
-
-
- ·-
-
" I ITll ITY NOTFS·
VVll~ I "UV 11v11 ,
1 r·- - llA&. =-1 ,~-: :u !." ~1 ..t
-- ·-- -~) b
'
!!J I ' I
TWO
I
.
o.nn -
...... , "'" .. YOU
..
..
--
' -.
'
-
-
-
.
-·
,_ .
-.
-
-· -
.
-- -
..
- . .
-· .. - - -
-
- - ..
. ' -
.•. ' -
. .. - ·-- . . - . .
-
-
.. --
·- -- ' .
- -· -
. -
-
.
--
- - --
.
-· '. ' -
- -
- -
•\
LUIS A. 0 ' " '"" RCE #78335 1----+~~~~~~~~~~~~~~--+~---t-~~SENIO RCML MARK APPR DATE ;~~~~6~~~ RCE #75696 ,
-
,_
- -
-
EXP. 9130/19
EXP. 6130120
' ...
·-
-
--
,_
-
- -
. -
·-
·-
-
-
-
. .. -
~~ A. ~..,. .
1 -/,(-/()
DATE
.
- .
..
-
--
-
SEAL
' - ·-
,_
-- ..
·-
-
. ....
•
' ..
,_.
-
-
- --
-
. ,.
----.. -....
I·~~
- - .
-
-
.
. -
,_
-
. -
,_ ·-
- - ·-
-
' - ..
-
-
·-
lJ J. LEN.I H L-. DATE CVI'> i'l -Ji 'ln '--
,_
..
-
-·
- -· -
- -
. - !- - -- -
-
-
,_
-
·-· -
.
.
-
-
- ~ - ,_ ··- -
0 1" AO'
'
. - - . . .
- .. ,
-· -
·-
.
.. .. _, .... -· -
.
-
.. .
..
-
- .
-
-
-·
-
-· --
-
.
-
. -
. - -
.
-
-· -
. -
- ·- - -· -
,. - .
1 v• -· SCALE
VERT: 1" = 4'
I Avenue " I DATE: - 1 --1 ,.,
-
--
..
-
' ..
. . . . .
..
' - -
,.- -
. .
..
-
-· ···-
-
,.
--
.
-·-
, ..
- . --
·-
- ..
.
- - ,_
-
·- .
-
- - .
··- ,. - -- .
-
-
. - -·
·- ,_ -
. . -
-
- - - ' - -·
5' 5'
'
.
~==" T~OWNusM"?A
•ER> ~SI I[
CAI IFORNIA
NO
- .
,. .
-
..
.
. '·-
·-
-
---
IU It:
'I ICnrLY
REMC.IV •• E q~pi J\r.F L.AI V I 11vi..1 ·-· . . ..... :1 RI
"
REMCIV'Er- Dl:nl ari: CAIU 111~\l
'·-•••-'VI..
30'
9'
nrn1 ~l"r I(
·-· - ·-- CAIU I u~u ' -
I
60'
20' 10'+
B' 6' 5'
18' SEWER
Cl~.11.-~1 i=~ :::; I nc:c: I
NTS
I
11 A -- -- --
•
rn.
ES SI
9'
' -
-
' - .
,. , __
... . .
""" I
RI nw.Arr•osEMBLY - " HO
RI n1~1 nrr . ... ,..,.... ·~1 V
-"
30'
20'±
--
. 8' WATER
l___ '-1\IUlll'U
tLJGt VI '" _,, ,_,
nr-, ............
" ...... _.. . _.. ....
MDS Pmj, 0'" 07.2?,2019inn1 :;; AM'"""'···-
"'°' I 10•51 •58AM By•
-
-
-
RW
.
-..
-
-
-· .
- .
-
C,.:.('ll - ..
,
·VL-1,1. ·--- 1'"-" I -"'t
<M
- ·- I
2 5
....
.
·-
-
..
-
·-
MDS Filol So•• 0,143531 'n~;~ '"'" .~'.
307
-
' -
.
·-
I·
' --
' -·
II
- ,_
-
' - - -
.
,.
- - -
'"" c UTILITY
' ;iu~
LOCATION c1 "
c.ui.~ rRUCTION.
-
- -
·•
-
-
, ..
'I c.S:
.
--·-·· 1 tAAl.I 11ur,
85 \
" . , "" ' I
TWO
YOU
-
, ..
~ ,,
, ..
..
'---
-
-
MARK
- -
- ,_ - -
-
,.
' -
- ..
-- -
I -
- -
,_ .. - --
,_
' '
-
-
-
-
··-
' --- -
, .. ,_ .
. -
-
, __
--- -
-- -- - , .. -
/
'
,." '~ APPR. DATE
' - -- . , __
..
-
,. - . - ,,.
-
- ' - ,. -
--
-· - -
·-- - -- - - ..
..... -
- , ..
- -
- -- -- -- ..
-
.
-- -- -
--
-- ---
- - I-
·-- - --
' -
:u I I >:>In
3P'
~:·IA
..
w~A.- RCE #78335
ori 1 unu VELA, RCE #75696
PUBLIC WORKS _ "
EXP. 9/30/19
EXP. 6/30/20
-
-
-
. . ""
•
r~1c--19 DATE
r DATE
-
,_
·-
-
-
"""
-
--
--
- --
-
' --
--··
-
SEAL :
tJ).\_ _CfV\ l
~OFcAl
-
--
-
,_
-
-
--
.
-
-
~· ·~• "ITTl=n
111 I~~
..
,_ - ..
--
,._
, __
.
· .. -: --
-
- --
. -· ;-- ... ··----- I -
··- -
- -· -·
-·
.. - -- ...
-- ' - .. --
-- ---- - --- --- . ... ' --
- ' -
'·-· . - '
-
'. . ..
-
. .. --
-
- - -
-
-·
-
- -
- ,.
-- -·- -
.
~\1q
..
,_
'
·- -
- - - ....
,.
, __
.
. ' -
- ·-·
...
-
- -
- -
- - .
I
.
-
--
-
- .
- --
-- - -
· ·-
-- --- -
A•enue
-·--- ___ ,
--
.
. --
-
-
-
-
-
--
' --
1-1'.noi I • ....,. ll'Y •11' I I"'
2709.9
.;
T
·-
- -·
-
-
__ ,.....-, 7
:: :- -- . - - -
-t
40'
VERT: 1" 4'
IDATE: _,
• --, '' ,., n
-·
-·
---
--
-
.
-
•
I
I
-
.
-
...
' '''
.
--
- ·-
·-
-·
- --
::; ..
-
-
..
-
--
- , ..
--
' - -
-
- '
--
r ~ H TOWN USA
-
-
-
- - -- - '
-
-
- ---
-
-- -
"'0"11
.. .. ..
N
, ..
·-
'
•
-
-
--
---
1 t:
"00'<
u ...
, nr:n1 Al"r: ,,,..., ·-· ----Ul.1.:>lll'IU I I
---· ·- v
0 '
1"=40'
--
•
r""
ES SI
IN1tALIFORNll°~ ._ JDE
Qt:;+()()
-- --·
-
--
. .
-
--
- -
-
-
"""' " .
~ . ~,()
- --
NP1
.22.201910:4146
' "" --
'
-
- --
-· -
- ·-
-
- ,_
-
sr.~IFS
.
' /
... VERT. 1 "=4'
1 "''"'"'"''_ll(' C"f'fll L u1 .... 1 ··~ 01.JMLC
3 OF 5
MOS Filo.
'
308
-- -- - ' - ''
,_ - - - -- ,_ . .
- - -- -
- -
- -- - -
- ,__ ' - ' - ,_ >- - ,_ - -
-- - , __
-- . ,_ - - - -
- " -
·- ,_ -- ' ' -
-- ,_ -- - - ,,
- - -- I - . - -
-- -· --
- - - ' ' -
. - ...
-
- -- -- - . - - -- ., .. , ..
I-"-: -
- -- - - -- I - --·!·- ,_ ,,. - ' -- ·- - -- ' ,_ -· -
. - - ' - - 1-· ·- ,_ -- - - -
. -- - - -- - . - - -
- ' .. -
- -
- - ,_ -
- - -
- .. -- -
" -- -· -- --
- - - --
- . - r - -- -
·- - ,_ -- -
_. 11-11l="LJTILITY 11r---i: - ·- - -
• 1>,.('Tf"lJ:;) •
~;;'):l~TiAM '~"" I t_)\}\\_; I L..V'vf"\1 IVll ~I~ -
- ,_ - - --- - ---
l'UN" rRUCTION. - -
97 ' '"""""" I ·~ W'I' Y'I' I J
--- -·
I I
. I
I- -- •
.
-----
'"OHi I
"'OHi I
"IOTA! I
"
0 1
"'OHi I RBILOW-OF .. F
"""''""SCALE
SEAL :
r 11-19
'" RCE #78335 EXP. 9/30/19 DATE
SENIOR CIVIL
I ·c.nn l----+--------------+------+- ---1 '" '" '"-
---
TWO m ~} _.J9 YOU ARTURO VELA, ACE ,. EXP. 6/30/20 ' DATE MARK APPR. DATE PUBLIC WORKS u ..
- -·
,_
--
- ·- -
-
- -
- -
-- -~~-- ·- -
- -
-
- - ' - - - I - --
_-
-
-
-
n"n°' < ' - .. 11" 1 r-~ir :E:N ·c~A "SEMEN,,T
" -- IV
.. 11~~ BY:
DATE
,_
-
'
' --
---
-
--
-
-
-
-
-
-- -
' - .
-
-
,_
-
'
" - '
-
--
- --
-
- - ' -
-- -
- --
.
- - - - -
- -
-
- -
-
,_
-
- -
- '. -- -
-- -
-
-
-
'
- ·---
-
-
~ .,_ .. ,
- -- --- ~ ·--- ---1
- -
-
-
,_
-- -
,_ -
-
-
- - ~
- --
-
' -
-
--
VERT: 1" = +'
DATE:
JC
- EL
-
'
- -
- ,_
" -
,_ - -
-
-
··-- . -· - ~
. -- -
-
~ ''' --·
- -
-
___ l_j__
E
CAI 'FORNIA
-
- - -
-
-
- - - -
- -
-
-
,.. • . I;(\ .... . ...... ......
-
--
- - -
,_
- - -
~I
---
- .
-
-
.
·-
- ..
.
-
-
-
...• --- -- - "" -- -
-
~:rt._I F~
-
- ,_ H ... "'' I •v
' \iERT. 1 "=4'
U4
I I I ' ' l
, .,.. • I OF .. BA&.1:'4tl .-.llNG~/
(/ 1 ~- EV -:-:- -~T LOT 2 _
4 or 5
MOS Proj. Data: : ()7 1 n ,,d 12:56:48 NP1
'""
309
·-
- - -
- -
-
- - -
. -
-
·-
I · - ·- -
- -
-
-
- - - -
- . ..
- ,_ -
--
-
~ -
- - -
,_ . - - -
.
, __ ,_ - -
- -
- -
--
-
-
,_ -
TWO
YOU
MA~K
-
-
-
·-
' -
, __ _
l: .:,)
-
-
.. ' - --
-
I
\
- ' -. --
-
-
- -
-
-
·-
.
- . -- I·-··
--
- - - --- . - --- - - - -
-
,_
·-·
-
- -
-
-
- , _
-
APPR. DATE
--
-
,_ --
--
-
-
-
-
--
-
,_
-
,_
'"
n111u11v VELA. HCI:: #7569ti
PUBLIC WORKS UmLVI un1u1 I y':
' -- ,_ ' - ,_
- -
- --
-
-
' - -
-
--
"'on• I "
"IOTAO I
"IOTAO I
CXP. ti/oU/2U
- - -
-
-
,_ -
-
\
n"nn' < . " "
~ ,,._/r> 7 IV - lY
UAlt
' JAlt
-
--
-
-
- ,_
-
nn1\/rTI1\11 r~1r"'CASEMENT --'- ••--··-LI ~ ...
SEAL -· ~
-
-- - ,_
-
,_ -- -
-
' -
- - -
-
-
---
·-
- - -
- - - -
-
-
f
............. I I._ ....... BY:
,.., J. LEN, n DATE
-
-
-
-
-
-
,_ -
- "
.
-
-· - - '
,_ - .. -- ·- - -
- --- - - -·
-
-- - . -
--
- -
-- .
' - ' -
- ,_
' - - I - -
- , _ - - ··-
-
- : '
- ' - -· - ' -
-· - - - -
- -
-
. , __
- -/
- - ,v_ - - - ---- ··--· ···---· ···-· ~--· ---
_ - , . ' -
- - - /
-
--- .
, __
--
25'
I
-- - -
' - -· - ·- -· -
..
- -
-
-· ,., - ,_ --
- - , __ - - - -
. - -
-·
- - . - -
-
'\ \ ~ u vii.:---· A·.: ::;_A -- ~ '. CH~N -,,-,.v---:-•.\i,,11'"' I e '· \ \ '" , - ~ ~I~ /\DE:A!r ~ ;
-
50' EDISON_, , '"'
EDISONEASEMlcNllT
25' 10'
3'± 10'±
I __
--
c · 1ui'li 'A-A'
LOOI""~ NUH I ''~"'
HORIZ:
VERT: 1" = 4'
I DATE:
VARIFS
-
',,,, - I~ ,,,...,.,'VI
N
'' f oSTAGE,COAC-H" TOWN USA
•ER!SI I[
CALI FOR!'! IA
(
n.i.-1-nn nn - - - - -
0 1"=40'
r • ,
E
'A no ..
MDS Proj. ~~:;ed : "" '"-' 112:12:25 PM Author:----
Last Edit:"""" .. J 12:12:31 PM By:
-
-
, __
--
-
- .
- -
- -
- -
- - ~
- '.
-
-
. - '
VERT. 1"=4'
"'nAn111r C'l"'AI c u1 1 , - 01..Jf"\Ll:
1 ___ ___ o _F _ 5
- -·
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: September 10, 2024
SUBJECT: Consideration of the Second Reading and Adoption of Ordinance 1606, Setting Salaries for City Council
RECOMMENDATION:
Conduct second reading and adopt Ordinance 1606.
BACKGROUND:
Governor Newsom signed SB 329 into law in July 2023 that allows general law cities to adjust council member salaries for inflation for the first time in almost four decades. Prior to SB 329, city councils in general law cities could vote to receive a limited salary, which was capped based on population size provided in state law. Serving on a city council requires lengthy time commitments and limited pay can discourage many residents from running for office, especially low-income residents, single parents and young people.
Prior to SB 329, city councils in general law cities could vote to receive a limited salary, not to exceed caps based on population size provided in state law. They could not increase their salary annually. This limited mechanism did not allow salaries to stay in line with inflation. In previous decades, the Legislature updated these numbers for inflation, but the last update was in 1984 despite an over 300% increase in the cost of living.
SB 329 (Section 26516 of the Government Code) authorizes city councils to enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2) of Gov't. Code Section 26516. In cities up to and including 35,000 in population, the salary can be set up to and including nine hundred fifty dollars ($950) per month. The population is determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance.
The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed the greater of either (1) an amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted or (2) an amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10 percent for each calendar year. An ordinance cannot be enacted or amended to provide automatic future increases in salary.
Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under Gov't Code Section 36516. Reimbursements for actual and necessary expenses pursuant to Section 36514.5 are also not included for purposes of 371
determining salary.
The City Council must consider the adoption of an ordinance to increase compensation in open session during at least two regular meetings of the city council. At the first meeting, the city council shall present the proposed ordinance, which shall including findings demonstrating the need for the increased compensation. At least seven days after the first meeting, the city council must hold a second meeting to consider whether to adopt the ordinance.
JUSTIFICATION:
City Council salaries have not been increased for many years and low compensation may discourage or even prohibit some residents from running for office.
FISCAL IMPACT:
As proposed, the annual cost of $950 per month will cost the City $57,000 annually. Currently, the City Council receives $180 per pay period, or $360 a month (totaling $21,600 annually). This represents an increase of $35,400 annually.
ALTERNATIVES:
Do not adopt and provide staff alternate direction.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. Ordinance 1606, City Council Compensation.docx
2. SB 329.pdf
372
Ordinance 1606
ORDINANCE 1606
AN ORDINANCE OF THE CITY OF BANNING, CALIFORNIA, AMENDING SECTION 2.04.030 OF THE BANNING MUNICIPAL CODE TO INCREASE THE SALARY OF EACH MEMBER OF THE CITY COUNCIL TO $950 PER MONTH WHEREAS, Government Code Section 36516 provides that a City Council may enact an ordinance setting the salary for each member of the City Council, the amount of which shall be based upon population; and
WHEREAS, on October 24, 2006, the City Council adopted Ordinance 1354, setting City Councilmember compensation to $300 per month; and
WHEREAS, Government Code Section 36516(a)(2)(A) provides that cities up to and including 35,000 in population may set City Councilmember salaries by ordinance up to and including $950 per month; and
WHEREAS, Government Code Section 36516(a)(3) provides that the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance; and
WHEREAS, the City of Banning population as of the 2020 federal census was 29,505 and the California Department of Finance has estimated that the 2024 population for Banning is 31,213; and
WHEREAS, the time, commitment, and expense of serving on the Banning City Council has increased significantly since 2006; and
WHEREAS, pursuant to Government Code Section 36516.5, changes to city councilmember salaries may not take effect until a new city council term begins and, in the case of councilmembers serving staggered terms, all councilmembers may receive the salary increase once one or more councilmembers begin a new term in office; and WHEREAS, the next General Municipal Election for the City of Banning is to be held on November 5, 2024, and the proposed salary increase set forth in this Ordinance shall not take effect until the start of a new city council term following the November 2024 election; The City Council of the City of Banning does hereby ordain as follows:
SECTION 1. All of the above recitals are true and correct and are herein by reference.
SECTION 2. The Council hereby finds that increasing time commitments by the Council and increasing cost of living demonstrate the need for the increase in compensation.
SECTION 3. Section 2.04.03 (“Compensation”) of Chapter 2.04 (“City Council”) of Title 2 (“Administration and Personnel”) of the Banning Municipal Code is hereby amended to read as follows:
“2.04.030 - Compensation.
373
Ordinance 1606
A. Pursuant to California Government Code section 36516(a)(2)(A), each council person shall receive a monthly salary of nine hundred fifty dollars.
B. Pursuant to California Government Code section 36516.5 the salary provided for in subsection A shall take effect as to all members of the city council only upon the commencement of the new or re-elected term of office by any member of council following the November 2024 municipal election.
C. Pursuant to California Government Code section 36516(a)(4), the City Council may increase the salary of each council person beyond the amount provided in subsection A by an ordinance or an amendment to an ordinance, provided the amount of the increase shall not exceed the greater of either of the following:
(1) An amount equal to five percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted.
(2) An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed ten percent for each calendar year.”
SECTION 4. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Banning’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 5. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, phrase, or portion not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption.
PASSED, APPROVED AND ADOPTED this 10th day of September 2024.
Alberto Sanchez, Mayor
City of Banning
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
374
Ordinance 1606
APPROVED AS TO FORM:
Serita Young, City Attorney
Richards, Watson & Gershon
375
Ordinance 1606
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that Ordinance 1606 was duly introduced at a regular meeting of the City Council of the City of Banning, held on the 27th day of August 2024, and was duly adopted at a regular meeting of said City Council on the 10th day of September 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
376
377
378
379
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Perry Gerdes, Water/Wastewater Superintendent Art Vela, Director of Public Works
MEETING DATE: September 10, 2024
SUBJECT: Approving Amendment No. 1 to the Purchase Order with Pioneer Americas LLC in the Amount of $7,500 for a Total Purchase Order Amount of $32,500
RECOMMENDATION:
Approve Amendment No. 1 to the purchase order with Pioneer Americas of Chicago, Illinois.
BACKGROUND:
The City of Banning owns and operates its own water systems, which includes twenty potable water wells. The City utilizes sodium hypochlorite for disinfection purposes prior to the delivery of potable water to the City's customers.
Over the past summer months, the use of sodium hypochlorite exceeded the original estimated quantities by two additional loads which resulted in exceeding the original contract amount by approximately $7,500. For the 2024/2025 fiscal year a purchase order was issued to Olin Corporation of Atlanta, Georgia which has changed their name to Pioneer Americas of Chicago, Illinois, a subsidiary of Olin Corporation.
JUSTIFICATION:
This fiscal year’s purchase order with Pioneer Americas (Olin Corporation) in the amount of $25,000 has been exhausted. Amendment No. 1 will amend the purchase order by adding an additional $7,500 to cover two invoices.
FISCAL IMPACT:
Fiscal Year 2024/2025 purchase order with Pioneer Americas (Olin Corporation) is for an amount of $25,000.The purchase order currently has balance of $5,750.16. There are two unpaid invoices totaling $12,998.18 which leaves the funds short by $7,248.02.
If approved, Amendment No. 1 will add $7,500 to it for a total purchase order amount of $32,500 which will be funded by Account No. 660-6300-471.45.06.
ALTERNATIVES:
Reject staff's recommendation and provide alternative direction.
BUDGETED?:
Yes
380
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. 900401926.pdf
2. 900432158.pdf
381
Invoice
Pioneer Americas LLC
1209 c/o The Corporation Trust Company, Orange street, New castle WILMINGTON DE 19802
USA
Mail-Invoice to
CITY OF BANNING
176 E LINCOLN ST
BANNING CA 92220-4962
USA
Ship To-Consignee
CITY OF BANNING
3333 BLUFF ST
BANNING CA 92220-1578
USA
Customer PO No. Shipping Date Terms of Payment-Due Date Invoice Date Invoice No. 32655 11-Apr-2024 NET 30 DAYS FROM INVOICE DATE /
11-May-2024 11-Apr-2024 900401926
Customer Reference No. Transport Mode Shipping Point Order No. Reference No.
Road Santa Fe Springs 10482214 80601522
GST / GSTIN VAT ID / TAX ID Terms of Delivery Internal Payer No. VAT Sequential No.
PPD Duty Paid, Tax Paid 110005124
Should you have any question please kindly contact your Receivable Specialist Carla Brown [email protected] Ultimate destination
Item No. Material Code And Description Quantity Unit Price Amount 10 1000000407
Sodium Hypochlorite 12.5 wt% Bacticide
Country Of Origin USA; California
Gross Weight 21,672.626 KG /
47,780.000 LB
Net Weight 10,450.760 KG /
23,040.000 LB
Order 10482214
Ref No. Delivery 80601522
Shipment 6900700405
Vehicle No. T8569
This is an end use pesticide application
2,304.00 SDG
California Envir Tax
2.622 USD / 1 SDG
2.100 %
Subtotal
6,041.09 USD
126.86
6,167.95
TM: Fuel Surcharge
Superfund Surcharge
117.75
9.11 Subtotal 6,294.81
TAX % Taxable Amount Tax Amount
Sales Tax City Sales/Use 1.000 6,167.95 0.00
Sales Tax County Sales/Use 0.250 6,167.95 0.00
Seller's Use Tax District Sales/Use 0.500 6,167.95 0.00 382
Invoice
Pioneer Americas LLC
1209 c/o The Corporation Trust Company, Orange street, New castle WILMINGTON DE 19802
USA
Sales Tax State Sales/Use 6.000 6,167.95 0.00
Total USD 6,294.81
Sold-To
CITY OF BANNING
176 E LINCOLN ST
BANNING CA 92220-4962
USA
Remit To
EFT/ ACH & Wire Payment Instructions:
Account Number: 4451672834
Routing Number ACH/EFT: 111000012
Routing Number DOM Wires: 026009593
SWIFT: BOFAUS3N
Account Name: Olin Corporation
As Sole Member of Pioneer Americas
Lockbox Mailing Address by regular US mail for Check Payments Pioneer Americas LLC C/O Olin Corp
PO BOX 7410728
CHICAGO, IL 60674-0728
Lockbox Mailing Address by Courier for Check Payments
Bank of America
Pioneer Americas LLC C/O Olin Corp #10728
540 W Madison 4th floor
Chicago, IL 60661
Please reference Invoice 900401926 on all payments /
correspondence.Payment is valid only if made in the invoicing currency and in accordance with the above payment instructions.
383
Invoice
This Invoice is subject to and governed by the terms and conditions attached hereto, which terms and conditions apply to the sale of product described by this Invoice, except to the extent superseded by an applicable written contract executed by Seller and Customer. Any terms and conditions stated by Customer in any Purchase Order or other document related to the product listed on this Invoice that are in conflict with, different from, or in addition to the terms and conditions herein shall not be binding unless separately and expressly accepted in writing by Seller.
Terms and Conditions
1. WARRANTIES. Seller warrants that (a) the product when shipped will meet Seller’s then current product sales specifications (“Specifications”), and (b) the title conveyed is good and the product is free from any lawful security interest, lien or encumbrance. SELLER MAKES NO FURTHER REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRODUCT QUALITY AND PERFORMANCE OR OTHERWISE. Customer assumes all risk of patent infringement by reason of any use Customer makes of the product in combination with other material or in the operation of any process.
2. QUANTITY. Customer shall give Seller reasonable notice of requested quantities to be shipped each month and take deliveries in approximately equal monthly installments. The quantity shipped in any month may be limited by Seller to either (a) the monthly quantity herein specified or, if no monthly quantity is specified, the pro-rata portion of the maximum quantity herein specified, or (b) the average of the monthly quantities purchased by Customer for the preceding two months.
3. TAXES. Buyer will pay, or reimburse Seller for, all Taxes, except income taxes, property taxes, or employee withholding, which Seller may be required to pay or collect, unless Buyer provides to Seller legally valid tax-exempt documentation governing the transactions contemplated herein. For purposes of this contract, the term "Tax" or "Taxes" means all sales, use, goods and services, value added or ad valorem, production, industry and commerce, excise, superfund, environmental, oil spill, emissions or pollution-related (such as a "carbon tax" or "cap and trade system") taxes, fees, tariffs, duties, levies and assessments or similar charges in the nature of a tax that increase the cost to Seller of producing, selling or delivering the Product or of procuring materials used therein, whether in existence at the time this contract becomes effective or after, and any interest, fines and penalties thereon, imposed by any governmental authority in connection with the manufacture, purchase, sale, exchange, use, transportation, delivery, inspection or disposal of the product.
4. CREDIT. Customer will pay for the product on the terms described on the front of this order acknowledgement or invoice, as applicable. If (i) Customer does not pay on time or (ii) Customer’s financial responsibility becomes unsatisfactory and Seller deems itself insecure, then Seller may defer shipments, accelerate the due date on all amounts owed Seller, and/or require cash payments or other security. Customer agrees to pay all of Seller’s collection costs including reasonable legal fees and costs. Seller may charge Customer the maximum interest allowed by law on all overdue amounts.
5. Responsible Practices. Customer will (i) be solely responsible for determining the suitability of product in Customer’s formulations and applications prior to use; (ii) familiarize itself with any product literature or information Seller provides under Seller’s product stewardship program, including any safety data sheets received by Customer; (iii) adopt and follow safe and appropriate handling, storage, transportation, use, treatment and disposal practices with respect to the product, and the containers thereof, including such special care and practices as Customer’s use of the product requires including, without limitation, all such practices required by federal, state, provincial and local government statutes, rules, regulations or ordinances; (iv) provide appropriate warnings to, and instruct, its employees, independent contractors, agents and customers of the precautions and safe use practices required in connection with the unloading, handling, storage, use, treatment, transportation and disposal of the product, and the containers thereof; and (v) comply with applicable health, safety, security and environmental laws and take action necessary to avoid spills or other dangers to persons, property or the environment. Seller may immediately suspend product shipments if Customer fails to comply with any of its commitments under this subsection. Customer will indemnify and hold Seller harmless for all claims, damages and related costs, including reasonable legal fees and costs, arising out of Customer’s noncompliance with any of its commitments under this Section 5 and Section 6 below.
6. Inspection. Customer shall promptly, and in any event prior to use and/or commingling, inspect product shipments for any damage to packaging, shortage or non-conformance to the Specifications. All claims for damage to packaging, shortage or non-conformance which could reasonably be discoverable in the course of such investigation shall be waived unless Customer notifies Seller in accordance with Section 11.
7. TITLE AND RISK OF LOSS. Title to and risk of loss of all product sold shall pass to Customer at Seller's point of shipment whether or not Seller pays all or any part of the freight, and notwithstanding any shipping designation elsewhere in any purchase order or other document provided by Customer (such as FOB, INCOTERMS, etc.).
Customer shall promptly pay any demurrage/detention charges that result from Customer’s failure to so unload and return such transportation equipment unless and to the extent that Customer’s delay is due to Seller’s fault. Railcars of chlorine are to be unloaded at Customer’s facility only. Customer shall protect and be responsible for the prompt and safe return of all of Seller’s equipment in Customer’s possession, and Customer will be liable to Seller for any damage or destruction thereto. If any transportation equipment provided by Seller arrives at destination in damaged condition, Customer shall promptly notify (orally and in writing) the carrier and Seller about that condition. Seller shall not have to load or handle any container or equipment provided or arranged by Customer if such container or equipment does not meet Seller’s reasonable standards. Customer will tender Seller’s railroad cars to the railroad in accordance with any routing instructions provided by Seller. When product is to be shipped by barges or vessels, additional terms and conditions may apply that are available upon request.
Seller may collect its standard detention charge for its equipment if held beyond Seller’s allowable time. Carrier or Seller may collect carrier’s standard detention 384
charge from Customer for carrier equipment if held beyond carrier's allowable time.
9. FORCE MAJEURE / EXCUSED PERFORMANCE. Neither party shall be liable for its failure to perform if due to any contingency beyond the reasonable control of the party affected, including but not limited to acts of God, war, fire, bad weather, flood, accident, labor trouble or shortage, civil disturbance, plant shut down, equipment failure, or voluntary or involuntary compliance with any applicable governmental regulation or order. Seller shall not be liable for its failure to perform hereunder if due to (i) any shortage or inability to obtain (on terms deemed economically and commercially practicable by Seller) any raw material (including power and energy), equipment or transportation, or (ii) any third party supplier or contractor failing to supply materials or provide services to Seller on terms Seller deems economically and commercially practicable. Any quantities not delivered or accepted because of any such contingency shall be eliminated from this order acknowledgement or invoice, as applicable. Seller shall not be obligated to deliver the product from other than the designated production or shipping points and there shall be no obligation to rebuild or repair any damage or destruction to such production or shipping points in order to fulfill Customer’s order. During any period when Seller is unable to supply the ordered quantity of product, whether caused by the circumstances above or otherwise, Seller may allocate any available product among its customers, including its own subsidiaries, divisions and departments, on such basis as Seller deems fair and reasonable. Seller will not be obligated to obtain raw materials, intermediates or product from other sources or to allocate raw materials, intermediates or product from Seller’s internal use. The foregoing provision shall in no event relieve Customer of its obligation to timely pay in-full a product invoice.
10. LIMITATION OF LIABILITIES. Customer’s exclusive remedy, and Seller’s total liability, for all claims arising out of this order acknowledgement or invoice, as applicable, including without limitation breach of warranty, negligence, strict liability and tort, are limited to customer having the option of replacement or repayment of the purchase price paid for the product which is the subject of the claim(s). In no event shall Seller be liable to Customer for any incidental, consequential, punitive or special damages arising in connection with this transaction or the product sold hereunder. Customer assumes all risks and liability, and Seller assumes no liability, with respect to unloading and discharge of the product (including failure of discharge or unloading implements or materials used by Customer, whether or not supplied by Seller), storage, handling, sale and use of the product (including its use alone or in combination with other substances or in the operation of any process), and the compliance or non-compliance with all federal, state, provincial and local laws and regulations applicable to the product.
11. CLAIMS. The weights, tares and tests fixed by Seller's processes, equipment and documentation shall govern unless proven to be incorrect. Claims relating to quantity, quality, weight, condition and loss of or damage to any of the product sold hereunder shall be waived by Customer unless made in writing to Seller within thirty (30) days after receipt of product by Customer. All other claims shall be waived by Customer unless made in writing to Seller within ninety (90) days after Customer learns, or should reasonably have learned, of such claim.
12. ASSIGNMENT. This order acknowledgement or invoice, as applicable, is not transferable or assignable by Customer without prior written consent of Seller.
Customer hereby consents, without further notice from Seller, to Seller’s potential future assignment or delegation of some or all of Seller’s obligations hereunder to any Affiliate, in which case the Affiliate may effect delivery of product and invoice Customer directly. In the case of such assignment, all terms and conditions of this order acknowledgement or invoice, as applicable, shall remain in full force and effect. “Affiliate” means with respect to any entity, any other entity directly or indirectly owning, owned by, or under common ownership with, such entity; for purposes of this definition, “owning”, “owned” and “ownership” shall mean the possession, directly or indirectly, of an ownership interest, directly or indirectly through one or more intermediaries, of at least fifty percent as a result of ownership of stock or other voting securities, contractual relationship or otherwise.
13. CHOICE OF LAW. Seller and Customer do hereby agree and acknowledge that this transaction is made and entered into in the State of Missouri and the parties hereto do hereby consent to the jurisdiction of the federal courts of the United States District Court for the Eastern District of Missouri (Eastern Division) and the state court in St. Louis County, Missouri. Additionally, this transaction shall be governed by and construed in accordance with the laws of the State of Missouri without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
14. EXPORT. Customer agrees to comply with all export laws of the United States and of any country having jurisdiction over Customer or the transactions contemplated by this order acknowledgement or invoice, as applicable.
15. ANTI-BRIBERY / ANTI-CORRUPTION. Each party represents and warrants that it understands and shall comply with the requirements of the U.S. Foreign Corrupt Practices Act and all other applicable anti-bribery and anti-corruption laws of the jurisdictions under which each party is or may be acting hereunder.
16. SEVERABILITY. If any provision of this order acknowledgement or invoice, as applicable, is declared invalid by any court or government agency, all other provisions shall remain in full force and effect.
17. NON-WAIVER. Seller's or Customer's waiver of any breach or failure to enforce any of these terms or conditions at any time shall not in any way affect, limit or waive such party's right thereafter to enforce strict compliance with every term and condition hereof.
18. ENTIRE AGREEMENT; TERMS AND CONDITIONS. This document constitutes the complete and final agreement between Seller and Customer concerning the sale of the products referenced in this order acknowledgement or invoice, as applicable, unless the parties have executed an applicable written contract. Any additional or different terms stated by Customer in a purchase order or other document related to this transaction are objected to and will not be binding unless expressly agreed to by Seller in writing. As an offer, Seller’s order acknowledgement expressly limits acceptance to these terms and conditions.
As an acceptance of the Customer’s offer, this acceptance is expressly conditioned on the Customer’s assent to any additional or different terms contained herein. Such assent shall be deemed given unless Customer notifies Seller in writing of Customer’s objection to specific terms within three (3) days after Seller’s issuance of an order acknowledgment. Issuance of a purchase order or other document by Customer with additional or different terms is not an objection to 385
specific terms of the order acknowledgment or invoice. Seller’s performance under an order acknowledgment does not constitute an acceptance of provisions of any purchase order or other document provided by Customer that are different from or in addition to the terms of the order acknowledgment, and such different or additional provisions are expressly rejected.
19. NOTICE REGARDING SALES IN CANADA. It is the express wish of the parties hereto that this order acknowledgement or invoice, as applicable, and any related documents be drawn up and executed in English. Il est la volonté expresse des parties que ce contrat et tous les documents s'y rattachant soient rédigés et signés en anglais.
The following Section 20 is applicable only to sales by Seller’s Chlor Alkali Products and Vinyls division:
20. ASSESSMENT PROCESS. (a) In connection with,Seller's product stewardship efforts, seller, its employees, and agents shall have the right, but not the obligation, at any reasonable time to assess and inspect all of Customer’s locations where Seller products are or will be used, handled, processed, stored, or transported, and Customer shall cooperate fully with Seller, its employees, and agents during said assessments and inspections. In the event that Seller exercises its right to inspect. Customer's locations, Customer shall advise Seller, its employees, and agents of all safety rules applicable to the locations, and Seller shall require its employees and agents to comply with said safety rules. (b) Seller shall also have the right at any reasonable time to inspect and obtain copies of all documents, records, reports, and other information, including, but not limited to, product storage and handling practices and procedures, related to Customer's use, handling, processing, storage, recycling, transportation, and disposal of Seller products, and to inspect and test any equipment, containers, tanks, vehicles, pipelines, and vessels used to handle, process, store, recycle, transport, or dispose of Seller products. Product loaded into such equipment will meet applicable warranties provided at the time of loading. Should any product contamination result in whole or in part as a result of use of Customer’s equipment, then such warranties will be null and void. (c) In the event that Customer fails to comply with any of its obligations under subsections (a) or (b) of this Section or in the event that Customer fails to meet minimum safety standards identified by Seller, Seller reserves the right to take any and all action Seller deems appropriate, including, but not limited to, withholding delivery of Seller products and/or termination of the transaction. (d) If Customer requests any assessment, review or audit of Seller, such assessment, review or audit shall be subject to Seller’s prior written approval, which may be withheld in Seller’s sole discretion, and Seller may impose a reasonable charge for such assessment, review or audit, which shall be paid by Customer.
The following Sections 21, 22 and 23 are applicable only to sales by Seller’s Epoxy division:
21. SDS. Seller will supply Customer with current safety data sheets (SDS) in connection with any sales of products.
22. SPECIAL CONDITIONS FOR CROSS BORDER SALES. The following special conditions will apply for cross-border sales: (a) In case of breakage or loss in transit have notation of same made on expense bill before paying freight. All claims must be made within 5 days after receipt of products at port of entry. (b) Each container for which a deposit is charged remains the property of Seller and must not be used for the shipment or storage of any other material. All such containers must be emptied and returned within 120 days from the date of invoice, transportation charges prepaid to the United States of America port of entry. If so returned in good condition the deposit charge will be refunded.
23. NOTICE REGARDING MEDICAL APPLICATION RESTRICTIONS. Seller will not knowingly sell or sample any of Seller’s products or services into any commercial or developmental application that is intended for (a) long-term or permanent contact with internal bodily fluids or tissues. “Long-term” is contact which exceeds 72 continuous hours, (b) use in cardiac prosthetic devices regardless of the length of time involved (“cardiac prosthetic devices” include, but are not limited to, pacemaker leads and devices, artificial hearts, heart valves, intra-aortic balloons and control systems, and ventricular bypass-assisted devices), (c) use as a critical component in medical devices that support or sustain human life; or (d) use specifically by pregnant women or in applications designed specifically to promote or interfere with human reproduction. Seller requests that customers considering use of Seller’s products in medical applications notify Seller so that appropriate assessments may be conducted. Seller does not endorse or claim suitability of its products for specific medical applications. It is the responsibility of the Customer to determine that the Seller’s products are safe, lawful, and technically suitable for their intended use. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE SUITABILITY OF ANY OF SELLER’S PRODUCT FOR USE IN MEDICAL APPLICATIONS.
Form-US-ENG-3-14-19
386
Invoice
Pioneer Americas LLC
1209 c/o The Corporation Trust Company, Orange street, New castle WILMINGTON DE 19802
USA
Mail-Invoice to
CITY OF BANNING
176 E LINCOLN ST
BANNING CA 92220-4962
USA
Ship To-Consignee
CITY OF BANNING
3333 BLUFF ST
BANNING CA 92220-1578
USA
Customer PO No. Shipping Date Terms of Payment-Due Date Invoice Date Invoice No. 32622 24-Jun-2024 NET 30 DAYS FROM INVOICE DATE /
24-Jul-2024 24-Jun-2024 900432158
Customer Reference No. Transport Mode Shipping Point Order No. Reference No.
Road Santa Fe Springs 10516425 80643854
GST / GSTIN VAT ID / TAX ID Terms of Delivery Internal Payer No. VAT Sequential No.
PPD Duty Paid, Tax Paid 110005124
Should you have any question please kindly contact your Receivable Specialist Carla Brown [email protected] Ultimate destination
Item No. Material Code And Description Quantity Unit Price Amount 10 1000000407
Sodium Hypochlorite 12.5 wt% Bacticide
Country Of Origin USA; California
Gross Weight 24,439.537 KG /
53,880.000 LB
Net Weight 11,357.944 KG /
25,040.000 LB
Order 10516425
Ref No. Delivery 80643854
Shipment 6900750968
Vehicle No. T8548
This is an end use pesticide application
2,504.00 SDG
California Envir Tax
2.622 USD / 1 SDG
2.100 %
Subtotal
6,565.49 USD
137.88
6,703.37
TM: Fuel Surcharge
Superfund Surcharge
88.31 9.90
Subtotal 6,801.58
TAX % Taxable Amount Tax Amount
Sales Tax City Sales/Use 1.000 6,663.70 0.00
Sales Tax County Sales/Use 0.250 6,663.70 0.00
Seller's Use Tax District Sales/Use 0.500 6,663.70 0.00 387
Invoice
Pioneer Americas LLC
1209 c/o The Corporation Trust Company, Orange street, New castle WILMINGTON DE 19802
USA
Sales Tax State Sales/Use 6.000 6,663.70 0.00
Total USD 6,801.58
Sold-To
CITY OF BANNING
176 E LINCOLN ST
BANNING CA 92220-4962
USA
Remit To
EFT/ ACH & Wire Payment Instructions:
Account Number: 4451672834
Routing Number ACH/EFT: 111000012
Routing Number DOM Wires: 026009593
SWIFT: BOFAUS3N
Account Name: Olin Corporation
As Sole Member of Pioneer Americas
Lockbox Mailing Address by regular US mail for Check Payments Pioneer Americas LLC C/O Olin Corp
PO BOX 7410728
CHICAGO, IL 60674-0728
Lockbox Mailing Address by Courier for Check Payments
Bank of America
Pioneer Americas LLC C/O Olin Corp #10728
540 W Madison 4th floor
Chicago, IL 60661
Please reference Invoice 900432158 on all payments /
correspondence.Payment is valid only if made in the invoicing currency and in accordance with the above payment instructions.
388
Invoice
This Invoice is subject to and governed by the terms and conditions attached hereto, which terms and conditions apply to the sale of product described by this Invoice, except to the extent superseded by an applicable written contract executed by Seller and Customer. Any terms and conditions stated by Customer in any Purchase Order or other document related to the product listed on this Invoice that are in conflict with, different from, or in addition to the terms and conditions herein shall not be binding unless separately and expressly accepted in writing by Seller.
Terms and Conditions
1. WARRANTIES. Seller warrants that (a) the product when shipped will meet Seller’s then current product sales specifications (“Specifications”), and (b) the title conveyed is good and the product is free from any lawful security interest, lien or encumbrance. SELLER MAKES NO FURTHER REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRODUCT QUALITY AND PERFORMANCE OR OTHERWISE. Customer assumes all risk of patent infringement by reason of any use Customer makes of the product in combination with other material or in the operation of any process.
2. QUANTITY. Customer shall give Seller reasonable notice of requested quantities to be shipped each month and take deliveries in approximately equal monthly installments. The quantity shipped in any month may be limited by Seller to either (a) the monthly quantity herein specified or, if no monthly quantity is specified, the pro-rata portion of the maximum quantity herein specified, or (b) the average of the monthly quantities purchased by Customer for the preceding two months.
3. TAXES. Buyer will pay, or reimburse Seller for, all Taxes, except income taxes, property taxes, or employee withholding, which Seller may be required to pay or collect, unless Buyer provides to Seller legally valid tax-exempt documentation governing the transactions contemplated herein. For purposes of this contract, the term "Tax" or "Taxes" means all sales, use, goods and services, value added or ad valorem, production, industry and commerce, excise, superfund, environmental, oil spill, emissions or pollution-related (such as a "carbon tax" or "cap and trade system") taxes, fees, tariffs, duties, levies and assessments or similar charges in the nature of a tax that increase the cost to Seller of producing, selling or delivering the Product or of procuring materials used therein, whether in existence at the time this contract becomes effective or after, and any interest, fines and penalties thereon, imposed by any governmental authority in connection with the manufacture, purchase, sale, exchange, use, transportation, delivery, inspection or disposal of the product.
4. CREDIT. Customer will pay for the product on the terms described on the front of this order acknowledgement or invoice, as applicable. If (i) Customer does not pay on time or (ii) Customer’s financial responsibility becomes unsatisfactory and Seller deems itself insecure, then Seller may defer shipments, accelerate the due date on all amounts owed Seller, and/or require cash payments or other security. Customer agrees to pay all of Seller’s collection costs including reasonable legal fees and costs. Seller may charge Customer the maximum interest allowed by law on all overdue amounts.
5. Responsible Practices. Customer will (i) be solely responsible for determining the suitability of product in Customer’s formulations and applications prior to use; (ii) familiarize itself with any product literature or information Seller provides under Seller’s product stewardship program, including any safety data sheets received by Customer; (iii) adopt and follow safe and appropriate handling, storage, transportation, use, treatment and disposal practices with respect to the product, and the containers thereof, including such special care and practices as Customer’s use of the product requires including, without limitation, all such practices required by federal, state, provincial and local government statutes, rules, regulations or ordinances; (iv) provide appropriate warnings to, and instruct, its employees, independent contractors, agents and customers of the precautions and safe use practices required in connection with the unloading, handling, storage, use, treatment, transportation and disposal of the product, and the containers thereof; and (v) comply with applicable health, safety, security and environmental laws and take action necessary to avoid spills or other dangers to persons, property or the environment. Seller may immediately suspend product shipments if Customer fails to comply with any of its commitments under this subsection. Customer will indemnify and hold Seller harmless for all claims, damages and related costs, including reasonable legal fees and costs, arising out of Customer’s noncompliance with any of its commitments under this Section 5 and Section 6 below.
6. Inspection. Customer shall promptly, and in any event prior to use and/or commingling, inspect product shipments for any damage to packaging, shortage or non-conformance to the Specifications. All claims for damage to packaging, shortage or non-conformance which could reasonably be discoverable in the course of such investigation shall be waived unless Customer notifies Seller in accordance with Section 11.
7. TITLE AND RISK OF LOSS. Title to and risk of loss of all product sold shall pass to Customer at Seller's point of shipment whether or not Seller pays all or any part of the freight, and notwithstanding any shipping designation elsewhere in any purchase order or other document provided by Customer (such as FOB, INCOTERMS, etc.).
Customer shall promptly pay any demurrage/detention charges that result from Customer’s failure to so unload and return such transportation equipment unless and to the extent that Customer’s delay is due to Seller’s fault. Railcars of chlorine are to be unloaded at Customer’s facility only. Customer shall protect and be responsible for the prompt and safe return of all of Seller’s equipment in Customer’s possession, and Customer will be liable to Seller for any damage or destruction thereto. If any transportation equipment provided by Seller arrives at destination in damaged condition, Customer shall promptly notify (orally and in writing) the carrier and Seller about that condition. Seller shall not have to load or handle any container or equipment provided or arranged by Customer if such container or equipment does not meet Seller’s reasonable standards. Customer will tender Seller’s railroad cars to the railroad in accordance with any routing instructions provided by Seller. When product is to be shipped by barges or vessels, additional terms and conditions may apply that are available upon request.
Seller may collect its standard detention charge for its equipment if held beyond Seller’s allowable time. Carrier or Seller may collect carrier’s standard detention 389
charge from Customer for carrier equipment if held beyond carrier's allowable time.
9. FORCE MAJEURE / EXCUSED PERFORMANCE. Neither party shall be liable for its failure to perform if due to any contingency beyond the reasonable control of the party affected, including but not limited to acts of God, war, fire, bad weather, flood, accident, labor trouble or shortage, civil disturbance, plant shut down, equipment failure, or voluntary or involuntary compliance with any applicable governmental regulation or order. Seller shall not be liable for its failure to perform hereunder if due to (i) any shortage or inability to obtain (on terms deemed economically and commercially practicable by Seller) any raw material (including power and energy), equipment or transportation, or (ii) any third party supplier or contractor failing to supply materials or provide services to Seller on terms Seller deems economically and commercially practicable. Any quantities not delivered or accepted because of any such contingency shall be eliminated from this order acknowledgement or invoice, as applicable. Seller shall not be obligated to deliver the product from other than the designated production or shipping points and there shall be no obligation to rebuild or repair any damage or destruction to such production or shipping points in order to fulfill Customer’s order. During any period when Seller is unable to supply the ordered quantity of product, whether caused by the circumstances above or otherwise, Seller may allocate any available product among its customers, including its own subsidiaries, divisions and departments, on such basis as Seller deems fair and reasonable. Seller will not be obligated to obtain raw materials, intermediates or product from other sources or to allocate raw materials, intermediates or product from Seller’s internal use. The foregoing provision shall in no event relieve Customer of its obligation to timely pay in-full a product invoice.
10. LIMITATION OF LIABILITIES. Customer’s exclusive remedy, and Seller’s total liability, for all claims arising out of this order acknowledgement or invoice, as applicable, including without limitation breach of warranty, negligence, strict liability and tort, are limited to customer having the option of replacement or repayment of the purchase price paid for the product which is the subject of the claim(s). In no event shall Seller be liable to Customer for any incidental, consequential, punitive or special damages arising in connection with this transaction or the product sold hereunder. Customer assumes all risks and liability, and Seller assumes no liability, with respect to unloading and discharge of the product (including failure of discharge or unloading implements or materials used by Customer, whether or not supplied by Seller), storage, handling, sale and use of the product (including its use alone or in combination with other substances or in the operation of any process), and the compliance or non-compliance with all federal, state, provincial and local laws and regulations applicable to the product.
11. CLAIMS. The weights, tares and tests fixed by Seller's processes, equipment and documentation shall govern unless proven to be incorrect. Claims relating to quantity, quality, weight, condition and loss of or damage to any of the product sold hereunder shall be waived by Customer unless made in writing to Seller within thirty (30) days after receipt of product by Customer. All other claims shall be waived by Customer unless made in writing to Seller within ninety (90) days after Customer learns, or should reasonably have learned, of such claim.
12. ASSIGNMENT. This order acknowledgement or invoice, as applicable, is not transferable or assignable by Customer without prior written consent of Seller.
Customer hereby consents, without further notice from Seller, to Seller’s potential future assignment or delegation of some or all of Seller’s obligations hereunder to any Affiliate, in which case the Affiliate may effect delivery of product and invoice Customer directly. In the case of such assignment, all terms and conditions of this order acknowledgement or invoice, as applicable, shall remain in full force and effect. “Affiliate” means with respect to any entity, any other entity directly or indirectly owning, owned by, or under common ownership with, such entity; for purposes of this definition, “owning”, “owned” and “ownership” shall mean the possession, directly or indirectly, of an ownership interest, directly or indirectly through one or more intermediaries, of at least fifty percent as a result of ownership of stock or other voting securities, contractual relationship or otherwise.
13. CHOICE OF LAW. Seller and Customer do hereby agree and acknowledge that this transaction is made and entered into in the State of Missouri and the parties hereto do hereby consent to the jurisdiction of the federal courts of the United States District Court for the Eastern District of Missouri (Eastern Division) and the state court in St. Louis County, Missouri. Additionally, this transaction shall be governed by and construed in accordance with the laws of the State of Missouri without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
14. EXPORT. Customer agrees to comply with all export laws of the United States and of any country having jurisdiction over Customer or the transactions contemplated by this order acknowledgement or invoice, as applicable.
15. ANTI-BRIBERY / ANTI-CORRUPTION. Each party represents and warrants that it understands and shall comply with the requirements of the U.S. Foreign Corrupt Practices Act and all other applicable anti-bribery and anti-corruption laws of the jurisdictions under which each party is or may be acting hereunder.
16. SEVERABILITY. If any provision of this order acknowledgement or invoice, as applicable, is declared invalid by any court or government agency, all other provisions shall remain in full force and effect.
17. NON-WAIVER. Seller's or Customer's waiver of any breach or failure to enforce any of these terms or conditions at any time shall not in any way affect, limit or waive such party's right thereafter to enforce strict compliance with every term and condition hereof.
18. ENTIRE AGREEMENT; TERMS AND CONDITIONS. This document constitutes the complete and final agreement between Seller and Customer concerning the sale of the products referenced in this order acknowledgement or invoice, as applicable, unless the parties have executed an applicable written contract. Any additional or different terms stated by Customer in a purchase order or other document related to this transaction are objected to and will not be binding unless expressly agreed to by Seller in writing. As an offer, Seller’s order acknowledgement expressly limits acceptance to these terms and conditions.
As an acceptance of the Customer’s offer, this acceptance is expressly conditioned on the Customer’s assent to any additional or different terms contained herein. Such assent shall be deemed given unless Customer notifies Seller in writing of Customer’s objection to specific terms within three (3) days after Seller’s issuance of an order acknowledgment. Issuance of a purchase order or other document by Customer with additional or different terms is not an objection to 390
specific terms of the order acknowledgment or invoice. Seller’s performance under an order acknowledgment does not constitute an acceptance of provisions of any purchase order or other document provided by Customer that are different from or in addition to the terms of the order acknowledgment, and such different or additional provisions are expressly rejected.
19. NOTICE REGARDING SALES IN CANADA. It is the express wish of the parties hereto that this order acknowledgement or invoice, as applicable, and any related documents be drawn up and executed in English. Il est la volonté expresse des parties que ce contrat et tous les documents s'y rattachant soient rédigés et signés en anglais.
The following Section 20 is applicable only to sales by Seller’s Chlor Alkali Products and Vinyls division:
20. ASSESSMENT PROCESS. (a) In connection with,Seller's product stewardship efforts, seller, its employees, and agents shall have the right, but not the obligation, at any reasonable time to assess and inspect all of Customer’s locations where Seller products are or will be used, handled, processed, stored, or transported, and Customer shall cooperate fully with Seller, its employees, and agents during said assessments and inspections. In the event that Seller exercises its right to inspect. Customer's locations, Customer shall advise Seller, its employees, and agents of all safety rules applicable to the locations, and Seller shall require its employees and agents to comply with said safety rules. (b) Seller shall also have the right at any reasonable time to inspect and obtain copies of all documents, records, reports, and other information, including, but not limited to, product storage and handling practices and procedures, related to Customer's use, handling, processing, storage, recycling, transportation, and disposal of Seller products, and to inspect and test any equipment, containers, tanks, vehicles, pipelines, and vessels used to handle, process, store, recycle, transport, or dispose of Seller products. Product loaded into such equipment will meet applicable warranties provided at the time of loading. Should any product contamination result in whole or in part as a result of use of Customer’s equipment, then such warranties will be null and void. (c) In the event that Customer fails to comply with any of its obligations under subsections (a) or (b) of this Section or in the event that Customer fails to meet minimum safety standards identified by Seller, Seller reserves the right to take any and all action Seller deems appropriate, including, but not limited to, withholding delivery of Seller products and/or termination of the transaction. (d) If Customer requests any assessment, review or audit of Seller, such assessment, review or audit shall be subject to Seller’s prior written approval, which may be withheld in Seller’s sole discretion, and Seller may impose a reasonable charge for such assessment, review or audit, which shall be paid by Customer.
The following Sections 21, 22 and 23 are applicable only to sales by Seller’s Epoxy division:
21. SDS. Seller will supply Customer with current safety data sheets (SDS) in connection with any sales of products.
22. SPECIAL CONDITIONS FOR CROSS BORDER SALES. The following special conditions will apply for cross-border sales: (a) In case of breakage or loss in transit have notation of same made on expense bill before paying freight. All claims must be made within 5 days after receipt of products at port of entry. (b) Each container for which a deposit is charged remains the property of Seller and must not be used for the shipment or storage of any other material. All such containers must be emptied and returned within 120 days from the date of invoice, transportation charges prepaid to the United States of America port of entry. If so returned in good condition the deposit charge will be refunded.
23. NOTICE REGARDING MEDICAL APPLICATION RESTRICTIONS. Seller will not knowingly sell or sample any of Seller’s products or services into any commercial or developmental application that is intended for (a) long-term or permanent contact with internal bodily fluids or tissues. “Long-term” is contact which exceeds 72 continuous hours, (b) use in cardiac prosthetic devices regardless of the length of time involved (“cardiac prosthetic devices” include, but are not limited to, pacemaker leads and devices, artificial hearts, heart valves, intra-aortic balloons and control systems, and ventricular bypass-assisted devices), (c) use as a critical component in medical devices that support or sustain human life; or (d) use specifically by pregnant women or in applications designed specifically to promote or interfere with human reproduction. Seller requests that customers considering use of Seller’s products in medical applications notify Seller so that appropriate assessments may be conducted. Seller does not endorse or claim suitability of its products for specific medical applications. It is the responsibility of the Customer to determine that the Seller’s products are safe, lawful, and technically suitable for their intended use. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE SUITABILITY OF ANY OF SELLER’S PRODUCT FOR USE IN MEDICAL APPLICATIONS.
Form-US-ENG-3-14-19
391
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Jennifer Jackson, Grants Program Manager
Doug Schulze, City Manager
MEETING DATE: September 10, 2024
SUBJECT: Consideration of Resolution 2024-144, In Support of Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act
RECOMMENDATION:
Adopt Resolution 2024-144.
BACKGROUND:
Passed in 2014, Proposition 47 achieved notable success in making California’s criminal justice system more equitable. However, it led to unintended consequences over the past decade, including repeat and often organized retail theft and difficulty incentivizing people to seek drug and mental health treatment.
This cycle fuels the circumstances that lead to homelessness.
Following the submittal of over 900,000 signatures in support of “The Homelessness, Drug Addiction and Theft Reduction Act,” California’s Secretary of State announced that the initiative qualified to appear on the November 5, 2024, statewide ballot as Proposition 36. If approved by voters, this measure would revise elements of Proposition 47, which reclassified certain drug and property-related crimes as misdemeanors instead of felonies.
A major goal of reclassifying specific crimes under Proposition 47 was to reduce incarceration rates and focus resources on violent and serious offenders. However, there continues to be questions about its impact on crime rates, with evidence it has led to an increase in certain types of theft and larceny. For example, following the approval of Proposition 47, the State experienced a nine percent increase in larceny offenses and an increase in auto break-in thefts compared to other states.
In 2017, the California Supreme Court ruled that a person convicted of a felony for stealing a car could now have their conviction reduced to a misdemeanor if the vehicle was worth $950 or less, and in 2018, researchers found that Proposition 47 contributed to an increase in car burglaries, shoplifting and other thefts. Because thieves now frequently target items below $950, many retailers have had to secure their high-theft items to prevent further losses. Large retailers, including supermarkets and pharmacies reported that shoplifting increased from 15% to over 50% in some cases following the approval of Proposition 47.
Several major retailers have had to close stores in the hardest hit areas. The incessant criminal acts have led to frustration and safety concerns for business owners, employees, and customers. In some instances, clashes between thieves and retail employees attempting to stop thefts have escalated into violence, even resulting in fatalities.
392
According to the California Retailers' Association, there are even instances of criminals bringing calculators into stores to ensure the amount of goods they are stealing do not exceed $950. Because prosecutors often decide against prosecuting thefts under $950, and with only 6.6% of reported theft incidents resulting in an arrest in 2022, down from 15% in 2013, many retailers no longer report many thefts to the police.
JUSTIFICATION:
The Homelessness, Drug Addiction, and Theft Reduction Act will address homelessness, drug addiction, and theft in the following ways:
Addresses Organized and Serial Retail Theft
Classifies repeated theft as a felony for individuals who steal less than $950 if they have two or more prior theft related convictions.
Allows stolen property values from multiple thefts to be combined so repeat offenders can be charged with a felony if the total exceeds $950, countering tactics by career criminals to avoid harsher penalties.
Authorizes judges to impose an enhanced penalty when an offender steals, damages, or destroys property by participating in organized theft with two or more offenders or by causing losses of $50,000 or more.
Confronts the Fentanyl Crisis in Our Communities
The fentanyl crisis has reached alarming levels and is now responsible for 20 percent of youth deaths in California. This measure will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and would grant judges greater discretion in sentencing drug traffickers.
Adds fentanyl to the list of hard drugs — such as heroin, cocaine, and methamphetamine — that are illegal to possess with a firearm and authorizes greater consequences for selling deadly quantities.
Enables stricter penalties for dealers whose drug trafficking causes death or serious injury and warns traffickers of potential murder charges if continued drug trafficking results in fatalities.
Prioritizes Mental Health and Drug Treatment
Breaking the cycle of repeat offenders means addressing the many root causes of retail theft. This measure provides critical mental health, drug treatment services, and job training within our justice system for people who are experiencing homelessness or struggling with mental health challenges or substance misuse.
Enacts a new class of crime called a “treatment-mandated felony” where offenders with multiple hard drug possession convictions would be given the option of participating in drug and mental health treatment in lieu of incarceration.
Allows offenders who successfully complete drug and mental health treatment to avoid jail time and have the charge fully expunged.
Prop 36 is supported by the League of California Cities, California Police Chiefs, California Small Business Association, California Sheriff's Association and numerous other businesses, elected leaders, law enforcement agencies, taxpayer organizations, social justice organizations, and crime victims’ and drug survivor advocates.
FISCAL IMPACT:
N/A
ALTERNATIVES:
393
Do not adopt Resolution 2024-144 and provide alternative direction to staff.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. Resolution 2024-144, Support of Prop 36 - The Homelessness, Drug Addiction, and Theft Reduction Act.docx
394
Resolution 2024-144
RESOLUTION 2024-144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, IN SUPPORT OF PROPOSITION 36: THE HOMELESSNESS, DRUG ADDICTION, AND THEFT
REDUCTION ACT
WHEREAS, while Prop 47 achieved notable success in making California’s criminal justice system more equitable, Prop 47 has also led to unintended consequences over the past decade; and
WHEREAS, unintended consequences of Prop 47 include repeat and often organized retail theft, inner-city store closings, and difficulty convincing people to seek drug and mental health treatment; and
WHEREAS, rampant retail theft is harming businesses and residents in California because those who commit these crimes know they’ll get away with it even if they are caught; and
WHEREAS, Prop 36, the “Homelessness, Drug Addiction, and Theft Reduction Act,” is a bi-partisan measure that provides common sense, targeted reforms to Prop 47 that legislative proposals alone are unable to deliver; and
WHEREAS, this measure will hold repeat offenders accountable for the safety of our communities, rather than putting them back on the streets; and WHEREAS, the fentanyl crisis has reached alarming levels, and is now responsible for 20 percent of youth deaths in California; and
WHEREAS, Prop 36, the “Homelessness, Drug Addiction, and Theft Reduction Act,” will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges greater discretion in sentencing drug traffickers; and WHEREAS, Prop 36, the “Homelessness, Drug Addiction, and Theft Reduction Act,” provides critical mental health, drug treatment services, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse; and
WHEREAS, it’s time for meaningful reforms to our justice system that ensure our communities are safe.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council formally expresses support for Prop 36, the “Homelessness, Drug Addiction, and Theft Reduction Act,” and the benefit that it provides for our community’s safety.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 395
Resolution 2024-144
PASSED, APPROVED AND ADOPTED this 10th day of September 2024.
Alberto Sanchez, Mayor
City of Banning
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
Serita R. Young, City Attorney
Richards, Watson & Gershon
396
Resolution 2024-144
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-144, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 10th day of September 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
397
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk Doug Schulze, City Manager
MEETING DATE: September 10, 2024
SUBJECT: Consideration of Resolution 2024-145, Declaring Pursuant to Government Code Section 54221 That Real Property Owned by the City, Located at 646 West Ramsey Street, Banning, California (Consisting of APN 540-191-008) Is Designated As Surplus Land and Not Necessary for the City’s Use at This Time, Finding That Such Declaration Is Exempt From Environmental Review Under the California Environmental Quality Act, and Taking Related Actions
RECOMMENDATION:
Adopt Resolution 2024-145
BACKGROUND:
The City of Banning (“City”) is the owner in fee simple of that certain real property, located at 646 West Ramsey Street, Banning, California (consisting of APN 540-191-008) described in Exhibit “A” to the attached Resolution (“Property”). Under the Surplus Land Act, Government Code Sections 54220-54234 (the “Act”), as recently amended by AB 1486, surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use. The Act provides that such land shall be declared either surplus land or exempt surplus land before the City may take action to dispose of it consistent with the City’s policies or procedures.
Pursuant to the Act, surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use. The land must be declared either surplus land or exempt surplus land. Under the Act, land is necessary for the City’s use if the land is being used or is planned to be used pursuant to a written plan adopted by the City Council for City work or operations.
Government Code Section 54222 requires the City, if it declares land it owns to be surplus and not necessary for the City’s use, to provide written notice thereof to certain local agencies and housing sponsors (“Designated Entities”), the form of such notification is included as Exhibit “B” to the attached Resolution (“Notification Process”). The Notification Process provides Designated Entities a 60-day opportunity to request to negotiate for the lease or sale of the Property consistent with parameters for such negotiations provided by the Act. If the City does not receive any notices of interest within the 60- day period or the notices of interest do not comply with the Act, the City may dispose of the Property without further regard to the requirements of the Act. If the City receives a notice of interest from one or more Designated Entities within the 60-day period, the City must enter good faith negotiations with the Designated Entity or entities in an attempt to agree to a mutually satisfactory sales price and terms or 398
lease terms. If the City does not agree on price and terms with any of the entities after a negotiation period of at least 90 days, the City may dispose of the surplus land without further regard to the Act.
Notwithstanding the forgoing, the California Department of Housing and Community Development (“HCD”) has oversight authority over negotiations with Designated Entities for the purpose of confirming that such negotiations, if any, were conducted within the parameters described in the Act.
In this case, the Property consists of a single (1) use category: i) APN 540-191-008 is undeveloped and is not otherwise being used by the City. Based on the real estate principle of “Highest and Best Use”, the City Council is considering the feasibility of leasing or selling all or a portion of the Property for private development purposes to increase employment opportunities and increase local tax-ratables.
City staff has evaluated the Property for its potential to be used for alternate City work or operations and has determined that the Property is not needed for such City uses at this time. Approval of the attached Resolution will confirm the City Council’s declaration that the Property is surplus and not necessary for the City’s use at this time and authorize the initiation of the Notification Process.
JUSTIFICATION:
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The attached Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City staff has determined that the designation of this property as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review pursuant to State CEQA Guidelines Section 15060(c)(3), because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the property is sold to a purchaser and that purchaser proposes a use for the property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA.
FISCAL IMPACT:
It is anticipated that the Parcels will be sold for market value. In such case, the land sales proceeds will be retained by the General Fund. The land and any future improvements will be subject to the 1% general tax levy, which will generate additional General Fund revenues.
ALTERNATIVES:
Do not adopt Resolution 2024-145 and provide staff alternate direction.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. Resolution 2024-145, SLA 646 W Ramsey.docx
2. Map - Aerial.pdf
3. Tax Map.pdf
399
Resolution 2024-145
RESOLUTION 2024-145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY, LOCATED AT 646 WEST RAMSEY STREET, BANNING, CALIFORNIA (CONSISTING OF APN 540-191-008) IS DESIGNATED AS SURPLUS LAND AND NOT NECESSARY FOR THE CITY’S USE AT THIS TIME, FINDING THAT SUCH
DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS
WHEREAS, the City of Banning (“City”) is the owner in fee simple of that certain real property, located at 646 West Ramsey Street, Banning, California (consisting of APN 540-191- 008) described in Exhibit “A,” attached hereto and made a part of hereof (“Property”); and WHEREAS, under the Surplus Property Land Act, Government Code Sections 54220- 54234 (“Act”) as recently amended by AB 1486, surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use; and
WHEREAS, the Act provides that such land shall be declared either surplus land or exempt surplus land before the City may take action to dispose of it consistent with the City’s policies or procedures; and
WHEREAS, pursuant to the Act, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council, for City work or operations; and
WHEREAS, Government Code Section 54222, requires the City, if it declares land it owns to be surplus and not necessary for the City’s use, to provide written notice thereof to certain local agencies and housing sponsors (“Designated Entities”), the form of such notification is included as Exhibit “B” to this Resolution (“Notification Process”); and WHEREAS, the Notification Process provides Designated Entities a 60-day opportunity to request to negotiate for the lease or sale of the Property consistent with parameters for such negotiations provided by the Act; and
WHEREAS, the Property consists of a single (1) use category: i) APN 540-191-008 is undeveloped and is not otherwise being used by the City; and WHEREAS, based on the real estate principle of “Highest and Best Use”, the City Council is considering the feasibility of leasing or selling all or a portion of the Property for private development purposes to increase employment opportunities and increase local tax-ratables; and WHEREAS, City staff has evaluated the Property for its potential to be used for alternate City work or operations and has determined that the Property is not needed for such City uses at this time; and
WHEREAS, approval of this Resolution will confirm the City Council’s declaration that the Property is surplus and not necessary for the City’s use at this time and authorize the initiation of the Notification Process; and
400
Resolution 2024-145
WHEREAS, the accompanying staff report provides supporting information upon which the declaration and findings set forth in this Resolution are based; and WHEREAS, pursuant to Section 15060(c)(3) of the California Environmental Quality Act (“CEQA”) Guidelines (i.e., California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000-15387), approval of this Resolution is exempt from CEQA because the actions described herein will not result in a direct or reasonably foreseeable indirect physical change in the environment and the actions described herein are not a “Project”, as defined within Section 15378 of the CEQA Guidelines; and
WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Banning, as follows:
SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.
SECTION 2. The City Council hereby declares that the Property is surplus land and not necessary for the City’s use at this time. This declaration is based on the real estate principle of “Highest and Best Use”, wherein the City Council is considering the feasibility of leasing or selling all or a portion of the Property for private development purposes to increase employment opportunities and increase local tax-ratables.
SECTION 3. Consistent with the requirements of Government Code Section 54222, the City Clerk is hereby directed to initiate the Notification Process by providing written notice of the City Council’s declaration to the Designated Entities, the form of such notification is included as Exhibit “B” to this Resolution.
SECTION 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”).
City staff has determined that the designation of this property as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the property is sold to a purchaser and that purchaser proposes a use for the property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA.
SECTION 5. The City Clerk is directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062.
SECTION 6. The officers and staff of the City are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the Act with any of the Designated Entities that submit a written notice of interest to purchase or lease the Property in compliance with the Act.
401
Resolution 2024-145
PASSED, APPROVED AND ADOPTED this 10th day of September 2024.
Alberto Sanchez, Mayor
City of Banning
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
Serita Young, Assistant City Attorney
Richards, Watson & Gershon
402
Resolution 2024-145
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-145, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 10th day of September 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
403
Resolution 2024-145
EXHIBIT “A”
DESCRIPTION OF PROPERTY
The land in the City of Banning, County of Riverside, State of California, and is described as follows:
The land owned by the City located at 646 W. Ramsey Street, Banning, CA APN: 540-191 008
404
Resolution 2024-145
EXHIBIT “B”
NOTICE OF AVAILABILITY OF SURPLUS LAND
Date: September 11, 2024
TO: Designated Local Agencies and Housing Sponsors
RE: Notice of Availability of Surplus Land in the City of Banning Pursuant to California Government Code Section 54220, et seq.
Pursuant to the provisions of California Government Code Section 54220, et seq., the City of Banning (the “City”) hereby notifies the Designated local agencies and housing sponsors (the “Designated Parties”) of the availability for lease or purchase of the following surplus City-owned land (the “Property”):
Property Address: 646 West Ramsey Street, Banning, CA
Assessor Parcel No.: 540-191-008
Zoning: Downtown Commercial
General Plan Designation: Downtown Commercial
Current Use: The Property consists of a single (1) use category: i) APN 540-191-008 is undeveloped and is not otherwise
being used by the City.
Copies of an aerial image and assessor map are attached.
As required by Government Code Section 54220 of the State of California, City of Banning is providing notification that the City of Banning intends to sell the surplus property listed in the accompanying attachments.
In accordance with Government Code Section 54222, you have sixty (60) days from the date this offer was sent via certified mail or electronic mail to notify the City of your interest in acquiring the property. However, this offer shall not obligate the City to sell the property to you. Instead, the City would enter into at least ninety (90) days of negotiations with you pursuant to Government Code Section 54223. If no agreement is reached on sales price and terms, or lease terms, the City may market the property to the general public.
As required by Government Code Section 54227, if the City receives more than one letter of interest during this 60 day period, it will give first priority to entities proposing to develop housing where at least 25 percent of the units will be affordable to lower income households. If more than one such proposal is received, priority will be given to the proposal with the greatest number of affordable units. If more than one proposal specifies the same number of affordable units, priority will be given to the proposal that has the lowest average affordability level.
In the event your agency or company is interested in purchasing the property, you must notify the City in writing within sixty (60) days of the date this notice was sent via certified mail or electronic mail.
405
Resolution 2024-145
Entities proposing to submit a letter of interest are advised to review the requirements set forth in the Surplus Land Act (Government Code Section 54220-54234).
Please send written notices of interest to:
City of Banning
City Clerk’s Office
PO Box 998
Banning, CA 92220
For further information, please contact Marisol Lopez, Economic Development Manager, at (951) 922-3181 or [email protected].
The final day to submit a written statement of interest to either lease or purchase the Property is Tuesday, November 12, 2024 by 5:00 PM.
Attachments
1. Aerial Map
2. Tax Assessor’s Map
406
646 W. Ramsey St. Banning, CA 92220
407
408
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Brandon Robinson, Electrical Engineering Supervisor Art Vela, Director of Public Works
MEETING DATE: September 10, 2024
SUBJECT: Consideration of Resolution 2024-146, Approving a Sole Source Contract with Electric Power Systems International, Inc. for Construction Services Related to the San Gorgonio Substation 12kV Extension Project in the Amount of $58,039.80
RECOMMENDATION:
Adopt Resolution 2024-146.
BACKGROUND:
On September 28, 2021, City Council adopted Resolution 2021-81 awarding Electric Power Systems (EPS) a contract in the amount of $3,629,128.80 that included a 10% contingency for the construction of the San Gorgonio Substation. The original Contract C00727 was executed on October 27, 2021.
Due to various delays in construction related to supply chain issues, the Contract was extended an additional 313 days from the original contract expiration date, but has since expired prior to conclusion of the work effort. Since there were some remaining work activities to be completed under Contract C00727 beyond the initial time extension, Purchasing staff has recommended to Electric staff to execute a sole source contract to complete the remaining tasks. There are budgeted funds remaining on the initial San Gorgonio Substation Construction PO 31284 in the amount of $51,039.80 to complete the work that is being requested through the sole source contract with EPS. Electric staff is also requesting to add $7,000.00 of budgeted funds to this proposed sole source agreement to cover the costs of distribution circuit troubleshooting.
Upon the execution of the sole source agreement for EPS, a Notice of Completion will be brought forward for the original San Gorgonio Substation contract and filed.
JUSTIFICATION:
The City of Banning Electric Utility and EPS have an obligation to complete the remaining tasks for the San Gorgonio Substation. The major item of work that remains is the distribution line extension that connects San Gorgonio Substation with distribution circuits that were previously served by Alola Substation, which has been decommissioned.
FISCAL IMPACT:
Account Year Amount
673-7000-473.96-25 2024/2025 $51,039.80
409
673-7000-473.96-20 2024/2025 $7,000.00
ALTERNATIVES:
Do not adopt Resolution 2024-146 and provide alternative direction to staff.
BUDGETED?:
Yes
CONTRACT/AGREEMENT:
Yes
ATTACHMENTS:
1. Resolution 2024-146, SanG Substation.docx
2. C01068_-_EPS_PW_San_Gorgonio_Substation_12KV_Extension (1).docx
3. EPS SOLE SOURCE FORM_.pdf
4. PR_EPS Sole Source - San G 12kV_8-13-24_.pdf
410
Resolution 2024-146
RESOLUTION 2024-146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
APPROVING A SOLE SOURCE CONTRACT WITH ELECTRIC POWER SYSTEMS INTERNATIONAL, INC. FOR CONSTRUCTION SERVICES RELATED TO THE SAN GORGONIO SUBSTATION 12KV EXTENSION PROJECT IN THE AMOUNT OF $58,039.80 WHEREAS, on September 28, 2021, Council adopted Resolution 2021-81, awarding a contract to Electric Power Systems International, Inc. (EPS) for the construction of the San Gorgonio Substation pursuant to Public Contract Code Section 22002(c)(3); and WHEREAS, due to various delays in construction related to supply chain, the Contract was extended an additional 313 days from the original Contract expiration date and has since expired prior to conclusion of the work effort; and
WHEREAS, Purchasing staff has recommended to Electric staff to execute a sole source construction contract to complete the remaining tasks; and WHEREAS, budgeted funds remain on the initial San Gorgonio Substation Construction PO 31284 in the amount of $51,039.80 to complete the work that is being requested through the sole source contract with EPS. Electric staff is also requesting to add $7,000.00 of budgeted funds to the proposed sole source construction contract to cover the costs of distribution circuit troubleshooting; and
WHEREAS, City staff has negotiated the Scope of Work with EPS to enter into a new sole source construction contract to complete the tasks as indicated in the previously approved scope of work; and
WHEREAS, funding will be available in the City’s Electric Department accounts during Fiscal Year 24/25 in the amount of Fifty-Eight Thousand, Thirty-Nine Dollars and Eighty Cents ($58,039.80).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves the sole source Construction Contract with Electric Power Systems International, Inc. for the San Gorgonio Substation 12kV Extension in an amount of Fifty-Eight Thousand, Thirty-Nine Dollars and Eighty Cents ($58,039.80) attached as Exhibit A.
SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the Contract and to execute the Contract with Electric Power Systems International, Inc. on behalf of the City Council.
SECTION 3. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 411
Resolution 2024-146
PASSED, APPROVED AND ADOPTED this 10th day of September 2024.
Alberto Sanchez, Mayor
City of Banning
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
Serita R. Young, City Attorney
Richards, Watson & Gershon
412
Resolution 2024-146
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-146, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 10th day of September 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
413
Resolution 2024-146
EXHIBIT A
C01068 - San Gorgonio Substation 12kV Extension
414
GP-1
CONTRACT (C01068)
CITY OF BANNING CONTRACT FOR SAN GORGONIO SUBSTATION 12KV EXTENSION
BY AND BETWEEN CITY OF BANNING AND ELECTRIC POWER SYSTEMS INTERNATIONAL INC.
THIS CONTRACT (“Contract”) is made and entered this day of________________________ (“Effective Date”), by and between the CITY OF BANNING, a California municipal corporation (“City”) and ELECTRIC POWER SYSTEMS INTERNATIONAL INC, a Missouri corporation (“Contractor”).
Contractor’s California State Contractor’s license number is1068030; Class C-10. Contractor’s DIR registration number is 1000013541.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. The Contract Documents consist of this Contract, the Bid (including documentation accompanying the Bid and any post-Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Bid is attached hereto as Exhibit “A” and incorporated herein by reference, the General Provisions are attached hereto and incorporated herein by reference, and the remaining Contract Documents are incorporated herein by reference.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as San Gorgonio Substation 12kV Extension (“Project”), as described in this Contract and in the Contract Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of Fifty-Eight Thousand Thirty-Nine Dollars and Eighty Cents ($58,039.80) in accordance with the prices as submitted in the Bid.
4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).
5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.
7. Debarment & Suspension. Consultant represents and warrants that, as of the Effective Date of this Agreement, Consultant is not debarred or suspended pursuant to any applicable Federal or State law providing for the debarment of contractors. Consultant shall not perform the Services with any subcontractor that has been debarred or suspended pursuant to any applicable Federal or State law providing for the debarment. Consultant and its subcontractors shall not be debarred or suspended throughout the Term of this Agreement pursuant to any applicable Federal or State law providing for the debarment of 415
GP-2
contractors. If Consultant or any subcontractor becomes debarred or suspended during the Term of this Agreement, Consultant shall immediately notify City.
8 Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor 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.”
9. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
10. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
11. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements.
This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
12. Signatures. Electronic Signatures: Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
13. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. *SIGNATURES ON THE NEXT PAGE*
416
GP-3
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
CITY OF BANNING
City Council Approval: ______________ By:
City Manager Date
ATTEST: APPROVED AS TO FORM:
By: By:
Administrative City Clerk Date City Attorney Date
(“CONTRACTOR”)
By:
Name: Date
Title:
By:
Name: Date
Title:
417
GP-1
GENERAL PROVISIONS
SECTION 0. GENERAL PROVISIONS DEFINED
0-1 STANDARD SPECIFICATIONS
The 2021 edition of “Standard Specifications for Public Works Construction” (“Standard Specifications”), as amended by the Contract Documents, is incorporated into the Contract Documents by this reference.
The Work described herein shall be done in accordance with the provisions of the Standard Specifications, as amended by the Contract Documents.
0-2 NUMBERING OF SECTIONS
The number of sections and subsections in these General Provisions are compatible with the numbering in the Standard Specifications.
0-3 SUPPLEMENTATION OF STANDARD SPECIFICATIONS
The Sections that follow supplement, but do not replace, the corresponding provisions in Part 1 (General Provisions) of the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these General Provisions, these General Provisions shall control.
SECTION 1. GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS
Whenever in the Standard Specifications or in the Contract Documents the following terms are used, they shall be understood to mean the following:
Agency – The City of Banning.
Board – The City Council of the City of Banning.
Contract Documents – As defined in Standard Specifications Section 1-2, but also including these General Provisions.
Engineer – The City Engineer, acting either directly or through properly authorized agents.
Such agents shall act within the scope of the particular duties entrusted to them.
Inspector – An authorized representative of the City, assigned by the City to make inspections of Work performed by or materials supplied by the Contractor.
Laboratory – A laboratory authorized by the City to test materials and Work involved in the Contract.
418
GP-2
Notice of Completion – The notice authorized by Civil Code Section 9204.
Project – See Work.
Submittal – Any drawing, calculation, specification, product data, samples, manuals, requests for substitutes, spare parts, photographs, survey data, traffic control plans, record drawings, Bonds or similar items required to be submitted to the City under the terms of the Contract. 1-3.3 Institutions
The institutions listed in Section 1-3.3 of Part 1 of the Standard Specifications shall be supplemented by the list below:
Abbreviation Word or Words
AAN .................................................................................................... American Association of Nurserymen AGCA ..........................................................................................Associated General Contractors of America APWA ..................................................................................................... American Public Works Association CRSI ........................................................................................................Concrete Reinforcing Steel Institute CSI .........................................................................................................Construction Specifications Institute NEC.............................................................................................................................. National Electric Code NFPA...................................................................................................... National Fire Protection Association SSS.............................................................................................. State of California Standard Specifications, Latest edition, Department of Transportation
SSP............................................................................................................ State of California Standard Plans, Latest edition, Department of Transportation
1-7.2 CONTRACT BONDS
The Performance Bond shall remain in force until the date of recordation of the Notice of Completion and the end of all warranty periods set forth in the Contract Documents. The Payment Bond shall remain in force until expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and until the expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2.
All Bonds must be submitted using the required forms, which are in the Contract Documents, or on any other form approved by the City Attorney.
SECTION 2. SCOPE OF THE WORK
419
GP-3
2.2 PERMITS
Before starting any construction work, the Contractor will be required to obtain all necessary permits from the City, which may include obtaining a no fee encroachment permit for Work within the public right-ofway, as well as all other permits required from all other agencies. Should the Project require construction of trenches or excavations which are five (5) feet or deeper and into which a person is required to descend, the Contractor shall obtain a Cal/OSHA permit and furnish the City with a copy before Work commences on this Project. The Contractor shall bear all cost for fees for all agencies except for the City’s permit fees.
2.4 COOPERATION AND COLLATERAL WORK
The Contractor shall be responsible for coordinating all Work with the City’s street sweeping, trash pickup, and street maintenance contractors, emergency services departments, utility companies’ crews, and others when necessary. Payment for conforming to these requirements shall be included in other items of Work, and no additional payment shall be made thereof. 2-5.4 Haul Routes
Subsection 2-5.4 of Part 1 of the Standard Specifications shall be deleted and replaced as follows:
The Contractor must obtain the City Engineer’s approval before using any haul routes.
Further detail requirements for haul traffic are delineated in the Special Provisions. 2-7 CHANGES INITIATED BY THE AGENCY
2-7.1 General.
The City reserves the right, without notice to the Surety, to increase or decrease the quantity of any item or portion of the Work described in the Contract Documents or to alter or omit portions of the Work so described, as may be deemed necessary or expedient by the City Engineer, without in any way making the Contract void. Such increases, alterations or decreases of Work shall be considered and treated as though originally contracted for, and shall be subject to all the terms, conditions and provisions of the original Contract. The Contractor shall not claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease, alteration or omission of any kind of Work to be done. 2-8 EXTRA WORK
New and unforeseen work will be classified as Extra Work only when the Work is not covered and cannot be paid for under any of the various items or combination of items for which a Bid price appears on the Bid. The Contractor shall not do any Extra Work except upon written order from the City Engineer.
SECTION 3. CONTROL OF THE WORK
3-1 ASSIGNMENT
Any purported assignment without written consent of the City shall be null, void, and of no effect, and the Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, 420
GP-4
agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment.
If the City opts to consent to assignment, the City’s consent shall be contingent upon: (1) a letter from the Surety agreeing to the assignment and assigning all of the Bonds to the assignee without any reduction, or the assignee supplying all new Bonds in the amounts originally required under the Contract Documents; and (2) the assignee supplying all of the required insurance in the amounts required in the Contract Documents. Until the Surety assigns all of the Bonds or the assignee supplies all of the new Bonds, and until the assignee supplies all of the required insurance, an assignment otherwise consented to in writing by the City shall not be effective. Even if the City consents to assignment, no assignment shall relieve the Contractor of liability under the Contract. 3-5 INSPECTION
The Contractor shall arrange and pay for all off-site inspection of the Work required by any ordinance or governing authorities. The Contractor shall also arrange and pay for other inspections, including tests in connection therewith, as may be assigned or required.
3.7 CONTRACT DOCUMENTS
3-7.1 General
In addition to the requirements under Section 3-7.1 in the Standard Specifications, the Contractor shall maintain a control set of Plans and Specifications on the Project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on the control set to show the as-built conditions. This control set of Plans shall also be edited for all Addenda, Requests for Information, Change Orders, field changes not involving cost, and any other variation that occurred during construction. Upon completion of all Work, the Contractor shall return the control set to the City Engineer. Final payment will not be made until this requirement is met.
Where a work feature is shown on the drawings or identified in the Specifications but is not specifically indicated as an item in the bid sheets, and there is no ambiguity regarding the requirement to construct, install, or construct and install that work feature, the Contractor is required to complete the work feature.
All costs to the Contractor for constructing, installing, or both constructing and installing such a work feature shall be included in the Bid.
3-7.2 Precedence of the Contract Documents
With regard to Section 3-7.2 in the Standard Specifications, the Special Provisions shall control over the General Provisions, such that the order of precedence shall be as follows:
1. Permits issued by regulatory agencies with jurisdiction.
2. Change Orders and Supplemental Agreements, whichever occurs last.
3. Contract/Agreement.
4. Bid.
421
GP-5
5. Special Provisions.
6. General Provisions.
7. Plans.
8. Standard Plans.
9. Standard Specifications.
10. Reference Specifications.
3-9 SUBSURFACE DATA
If the City or its consultants have made investigations of subsurface conditions in areas where the Work is to be performed, such investigations shall be deemed made only for the purpose of study and design.
If a geotechnical or other report has been prepared for the Project, the Contractor may inspect the records pertaining to such investigations subject to and upon the conditions hereinafter set forth. The inspection of the records shall be made in the office of the City Engineer. It is the Contractor’s sole responsibility to determine whether such investigations exist, and the City makes no affirmative or negative representation concerning the existence of such investigations.
The records of any such investigations are made available solely for the convenience of the Contractor. It is expressly understood and agreed that the City, the City Engineer, their agents, consultants or employees assume no responsibility whatsoever with respect to the sufficiency or accuracy of any investigations, the records thereof, and the interpretations set forth therein. No warranty or guarantee is expressed or implied that the conditions indicated by any such investigations or records are representative of those existing in the Project area. The Contractor agrees to make such independent investigations and examination as necessary to be satisfied of the conditions to be encountered in the performance of the Work.
The Contractor represents that it has studied the Plans, Specifications and other Contract Documents, and all surveys and investigation reports of subsurface and latent physical conditions, has made such additional surveys and investigations as necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents, and that it has correlated the results of all such data with the requirements of the Contract Documents. No claim of any kind shall be made or allowed for any error, omission or claimed error or omission, in whole or in part, of any geotechnical exploration or any other report or data furnished or not furnished by the City. 3-10 SURVEYING
3-10.1 General
The Contractor shall verify all dimensions on the drawings and shall report to the City any discrepancies before proceeding with related Work. The Contractor shall perform all survey and layout Work per the benchmark information on the Project Plans. All surveying Work must conform to the Professional Land Surveyors’ Act (Business and Professions Code Section 8700 et seq.). All Project surveying notes and “cut422 GP-6
sheets” are to be provided to the City after the completion of each surveying activity and all final surveying notes shall be provided before final payment to the Contractor.
Construction stakes shall be set and stationed by the Contractor at its expense. Unless otherwise indicated in the Special Provisions, surveying costs shall be included in the price of items bid. No separate payment will be made. Re-staking and replacement of construction survey markers damaged as a result of the Work, vandalism, or accident shall be at the Contractor’s expense. 3-11 CONTRACT INFORMATION SIGNS
The names, addresses and specialties of the Contractor, Subcontractors, architects or engineers may not be displayed on any signage within the public right-of-way. This signage prohibition includes advertising banners hung from truck beds or other equipment.
3-12 WORKSITE MAINTENANCE
3-12.1 General.
Clean-up shall be done as Work progresses at the end of each day and thoroughly before weekends. The Contractor shall not allow the Work site to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction operation. Materials which need to be disposed shall not be stored at the Project site, but shall be removed by the end of each Working Day. If the job site is not cleaned to the satisfaction of the City Engineer, the cleaning will be done or contracted by the City and shall be back-charged to the Contractor and deducted from the Contract Price.
The Contractor shall promptly remove from the vicinity of the completed Work, all rubbish, debris, unused materials, concrete forms, construction equipment, and temporary structures and facilities used during construction. Final acceptance of the Work by the City will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final clean-up of the Project site.
3.12.4 Storage of Equipment and Materials.
3-12.4.1 General
The Contractor shall make arrangements for storing its equipment and materials. The Contractor shall make its own arrangements for any necessary off-site storage or shop areas necessary for the proper execution of the Work. Approved areas within Work site may be used for temporary storage; however, the Contractor shall be responsible for obtaining any necessary permits from the City. In any case, the Contractor’s equipment and personal vehicles of the Contractor’s employees shall not be parked on the traveled way or on any section where traffic is restricted at any time.
The Contractor shall deliver, handle, and store materials in accordance with the manufacturer’s written recommendations and by methods and means that will prevent damage, deterioration, and loss including theft. Delivery schedules shall be controlled to minimize long-term storage of products at the Project site and overcrowding of construction spaces. In particular, the Contractor shall provide delivery and 423
GP-7
installation coordination to ensure minimum holding or storage times for materials recognized to be flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other sources of loss.
Storage shall be arranged to provide access for inspection. The Contractor shall periodically inspect to assure materials are undamaged and are maintained under required conditions.
All costs associated with the clean-up and storage required to complete the Project shall be the sole responsibility of the Contractor.
3-12.4.2 Storage in Public Streets
The first sentence of Section 3-12.4.2 shall not be incorporated and shall instead be replaced with the following:
Construction materials and equipment shall not be stored in streets, roads, or highways unless otherwise specified in the Special Provisions or approved by the City Engineer. 3-13 COMPLETION, ACCEPTANCE, AND WARRANTY
3-13.1 Completion.
The Contractor shall complete all Work under the Contract within Two Hundred Fifty (250) Working Days from the Notice to Proceed.
3-13.2 Acceptance
The Project will not be considered complete and ready for City Council direction to staff regarding recordation of the Notice of Completion until all required Work is completed, the Work site is cleaned up in accordance with Section 3-12 of Part 1 of the Standard Specifications and the Special Provisions, and all of the following items have been received by the City Engineer:
1. A form of Notice of Completion, with all information required by the California Civil Code;
2. All written guarantees and warranties;
3. Evidence that the Performance Bond has been extended and will remain in effect for the period specified in Section 1-7.2 of the Standard Specifications, as modified by these General Provisions;
4. All “as-builts”;
5. Duplicate copies of all operating instructions and manufacturer’s operating catalogs and data, together with such field instructions as necessary to fully instruct City personnel in correct operation and maintenance procedures for all equipment installed listed under the electrical, air conditioning, heating, ventilating and other trades. This data and instructions shall be furnished for all equipment requiring periodic adjustments, maintenance or other operation procedures.
The Contractor shall allow at least seven (7) Working Days’ notice for final inspection. Such notice shall be submitted to the City Engineer in writing.
424
GP-8
3-13.3 Warranty
For the purposes of the calculation of the start of the warranty period, the Work shall be deemed to be completed upon the date of recordation of the Notice of Completion. If that direction is contingent on the completion of any items remaining on a punchlist, the Work shall be deemed to be completed upon the date of the City Engineer’s acceptance of the final item(s) on that punchlist.
The Contractor shall repair or replace defective materials and workmanship as required in this Section 3-
13.3 at its own expense. Additionally, the Contractor agrees to defend, indemnify, and hold the City harmless from claims of any kind arising from damage, injury or death due to such defects.
The parties agree that no certificate given shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective Work or improper materials. Further, the certificate or final payment shall not terminate the Contractor’s obligations under the warranty herein. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with any alterations of the same, shall release the City, the City Council and its officers and employees from any and all claims or liability on account of Work performed under the Contract or any alteration thereof.
SECTION 4. CONTROL OF MATERIALS
4-1 GENERAL
The Contractor and all Subcontractors, suppliers, and vendors shall guarantee that the Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship. 4-4 TESTING
Except as elsewhere specified, the City shall bear the cost of testing materials and workmanship that meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor.
4-6 TRADE NAMES
If the Contractor requests to substitute an equivalent item for a brand or trade name item, the burden of proof as to the comparative quality and suitability of alternative equipment or articles or materials shall be upon the Contractor, and the Contractor shall furnish, at its own expense, all information necessary or related thereto as required by the City Engineer. All requests for substitution shall be submitted, together with all documentation necessary for the City Engineer to determine equivalence, no later than five (5) Days after the award of Contract, unless a different deadline is listed in the Special Provisions.
SECTION 5. LEGAL RELATIONS AND RESPONSIBILITIES
5-3 LABOR
5-3.1 Public Work
425
GP-9
The Contractor acknowledges that the Project is a “public work” as defined in Labor Code Section 1720 et seq. (“Chapter 1”), and that the Project is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. The Contractor shall perform all Work on the Project as a public work. The Contractor shall comply with and be bound by all the terms, rules and regulations described in (a) and (b) as though set forth in full herein.
5-3.2 Copies of Wage Rates
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 Project are on file at City Hall and will be made available to any interested party on request. By initiating any Work, the Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and the Contractor shall post such rates at each job site covered by these Contract Documents.
The Contractor 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 Contractor shall, as a penalty paid to the City, forfeit two hundred dollars ($200) 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 these Contract Documents by the Contractor or by any Subcontractor. 5-3.3 Payroll Records
The Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires the Contractor and each Subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor has ten (10) days in which to comply subsequent to receipt of a written notice requesting these records, or as a penalty to the City, the Contractor shall forfeit one hundred dollars ($100) for each Day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.
The Contractor and each Subcontractor shall comply with and be bound by the provisions of Labor Code Section 1771.4(a)(3), which requires that each Contractor and each Subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner at least monthly, in a format prescribed by the Labor Commissioner.
5-3.4 Hours of Labor
The Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. The Contractor shall comply with and be bound by Labor Code Section 1810. The Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty paid to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of the Project by the Contractor or by any Subcontractor for each calendar 426
GP-10
day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (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 the Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay. 5-3.5 Apprentices
The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing Work on the Project, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) Days after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract. 5-3.6 Debarment or Suspension
The Contractor 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 Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract 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 Contractor or any Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City.
5-3.7 Registration with the DIR
In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. 5-3.8 Compliance Monitoring and Posting Job Sites
The Project is subject to compliance monitoring and enforcement by the DIR. The Contractor shall post job site notices, as prescribed by regulation.
5-3.9 Subcontractors
For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and the Contractor shall include in the written Contract between it and each Subcontractor a copy of the provisions in this Section 5-3 of the General Provisions and a requirement that each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce 427
GP-11
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 its workers the specified prevailing rate of wages. The Contractor shall diligently take corrective action to halt or rectify any failure. 5-3.10 Prevailing Wage Indemnity
To the maximum extent permitted by law, the Contractor shall indemnify, hold harmless and defend (at the Contractor’s expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed in Section 5-3 of the General Provisions by any Person (including the Contractor, its Subcontractors, and each of their officials, officers, employees and agents) in connection with any Work undertaken or in connection with the Contract Documents, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of the Contractor under this Section 5-3.10 shall survive expiration or termination of the Contract.
5-4 INSURANCE
5-4.1 General
The first paragraph of Section 5-4.1 of Part 1 of the Standard Specifications shall not be incorporated and shall instead be replaced with the following:
The Contractor shall provide and maintain insurance naming the City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials as insureds or additional insureds regardless of any inconsistent statement in the policy or any subsequent endorsement whether liability is attributable to the Contractor or the City. The insurance provisions shall not be construed to limit the Contractor’s indemnity obligations contained in the Contract. The City shall not be liable for any accident, loss or damage to the Work prior to completion, except as otherwise specified in Section 6-5.
5-4.2 General Liability Insurance
The Contractor shall at all times during the term of the Contract carry, maintain, and keep in full force and effect the insurance referenced in Section 5-4 of Part 1 of the Standard Specifications, as modified below. 5-4.2.1 Additional Insureds
The City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to the Contractor or the City. 428
GP-12
5-4.2.2 No Limitation on Indemnity
The insurance provisions shall not be construed to limit the Contractor’s indemnity obligations contained in these Contract Documents.
5-4.2.3 Replacement Insurance
The Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by this Section 5-4 during the term of the Contract. The Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due the Contractor. This shall be in addition to all other legal options available to the City to enforce the insurance requirements.
5-4.2.4 Certificates of Insurance with Original Endorsements The Contractor shall submit to the City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf.
Endorsements must be executed on forms titled approved by the City. The endorsements must specifically name the City of Banning and its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials as insureds or additional insureds. Current insurance certificates and endorsements shall be kept on file with the City at all times during the term of this Contract. The City reserves the right to require complete, certified copies of all required insurance policies at any time.
5-4.2.5 Subcontractors
The Contractor shall require each of its Subcontractors that perform services under the Contract to maintain insurance coverage that meets all of the requirements of this Section 5-4. 5-4.5 Insurance Requirements not Limiting
If the Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 5-4, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of the Contractor under this Contract.
5.7 SAFETY
5-7.8 Steel Plate Covers
5-7.8.1 General
429
GP-13
The Contractor shall cover all openings, trenches and excavations at the end of each Work Day with steel plate covers.
Section 5-8 is hereby added to Section 5 of Part 1 of the Standard Specifications, as follows:
5-8 INDEMNIFICATION
The following indemnity provisions shall supersede the indemnity in Section 5-4.1 of the Standard Specifications.
5-8.1 Contractor’s Duty
To the fullest extent permitted by law, the Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify the City and its elected officials, officers, attorneys, agents, employees, 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, stop payment notices, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged, or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of the Contractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom the Contractor bears legal liability) in the performance of the Contract, 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. The Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. The Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. The City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5. 5-8.1.1 Taxes and Workers’ Compensation
The Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. The Contractor shall fully comply with the Workers’ Compensation law regarding the Contractor and the Contractor’s employees. The Contractor shall indemnify and hold the City harmless from any failure of the Contractor to comply with applicable Workers’ Compensation laws. The City may offset against the amount of any fees due to the Contractor under the Contract any amount due to the City from the Contractor as a result of the Contractor’s failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5-8.1.1.
5-8.1.2 Subcontractor Indemnity Agreements
430
GP-14
The Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5-8 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of the Contractor in the performance of the Contract. If the Contractor fails to obtain such indemnity obligations, the Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged, or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of the Contractor’s Subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors, or their officers, agents, servants, or employees (or any entity or individual for whom the Contractor’s Subcontractor bears legal liability) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the parties. 5-8.2 Workers’ Compensation Acts not Limiting
The Contractor’s indemnifications and obligations under this Section 5-8, or any other provision of the Contract, shall not be limited by the provisions of any Workers’ Compensation act or similar act. The Contractor expressly waives its statutory immunity under such statutes or laws as to the City, its officers, agents, employees, and volunteers.
5-8.3 Insurance Requirements not Limiting
The City does not, and shall not, waive any rights that it may possess against the Contractor because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 5-8 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 the City.
5-8.4 Civil Code Exception
Nothing in this Section 5-8 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 5-8.5 Nonwaiver of Rights
Indemnitees do not and shall not waive any rights that they may possess against the Contractor because the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to these Contract Documents. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.
5-8.6 Waiver of Right of Subrogation
431
GP-15
The Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees. 5-8.7 Survival of Terms
The Contractor’s indemnifications and obligations under this Section 5-8 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law.
Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.
SECTION 6. PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
6-1.1 Construction Schedule
One (1) week before the scheduled pre-construction meeting, the Contractor must submit to the City Engineer for review and approval the construction schedule required by the first paragraph of Section 6-
1.1. The Contractor shall make revisions as required by the City Engineer. The schedule must account for all subcontract work, as well as the work of the Contractor, submittals, coordination with the other contractors performing concurrent work and the Traffic Control Plan. The Contractor shall update this Construction Schedule when directed by the City Engineer, or when:
a. A Change Order significantly affects the Contract completion date or the sequence of construction approach or activities; or
b. The actual sequence of the Work, or the planned sequence of the Work, is changed and does not conform to the Contractor’s current accepted Project construction schedule.
The Contractor shall submit an updated construction schedule with its monthly invoice every month. Progress payments shall be contingent upon the receipt of monthly updated construction schedules.
6-1.1.1 Pre-Construction Conference
Approximately One (1) week before the commencement of Work at the site, a pre-construction conference will be held at the City and shall be attended by the Contractor’s Project manager, its on-site field superintendent, and any Subcontractors that the Contractor deems appropriate. Attendance by the Contractor and any Subcontractors designated is mandatory.
Contractor shall submit its twenty-four (24) hour emergency telephone numbers to the City Engineer for approval a minimum of One (1) week before the pre-construction conference. Unless previously 432
GP-16
submitted to the City Engineer, the Contractor shall bring to the pre-construction conference copies of each of the following:
1) Construction Schedule.
2) Procurement schedule of major equipment and materials and items requiring long lead time.
3) Shop drawing/sample submittal schedule.
4) Preliminary schedule of values (lump sum price breakdown) for progress payment purposes.
5) Written designation of the on-site field superintendent and the Project manager. Both daytime and emergency telephone numbers shall be included in the written designation.
The purpose of the conference is to designate responsible personnel and establish a working relationship.
The parties will discuss matters requiring coordination and establish procedures for handling such matters. The complete agenda will be furnished to the Contractor before the meeting date. The Contractor shall be prepared to discuss all of the items listed below. 1) The Contractor’s construction schedule.
2) Notification of local residents before starting any Work and keeping them informed throughout the Project.
3) Procedures for transmittal, review, and distribution of the Contractor’s submittals. 4) Processing applications for payment.
5) Maintaining record documents.
6) Critical Work sequencing.
7) Maintaining sewage service during construction, including proposed by-passes. 8) NPDES requirements, if any.
9) Field decisions and Change Orders.
10) Use of Project site, office and storage areas, security, housekeeping, and the City’s needs. 11) Major equipment deliveries and priorities.
12) Traffic control.
13) Any other item that the City representative states is relevant to the meeting. 6-1.1.2 Weekly Progress Meetings
Progress meetings will be held each week during the course of the Project. The meeting location, day of the week and time of day will be mutually agreed to by the City and the Contractor. The Contractor shall provide a two (2) week “look ahead” schedule for each meeting. The construction manager will preside 433
GP-17
at these meetings and will prepare the meeting agenda, meeting minutes and will distribute minutes to all persons in attendance. As the Work progresses, if it is determined by agreement of the attendees, that weekly meetings are not necessary, the weekly progress meetings may be changed to bi-weekly progress meetings.
6-1.2 Commencement of the Work
The Contractor shall not begin any construction activity at the site before the issuance of the Notice to Proceed. Any Work that is done by the Contractor in advance of the Notice to Proceed shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection.
Section 6-1.3 is hereby added to Section 6 of Part 1 of the Standard Specifications, as follows:
6-1.3 Working Days And Hours
The Contractor shall do all Work between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday.
No Work will be allowed on Saturday or Sunday or City holidays, which are as follows: New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Day After Thanksgiving, Christmas Eve Day, Christmas Day, and New Year’s Eve. In addition, no Work will be allowed on any special election Day that may be declared. Should a special election be declared, a time extension of one (1) Working Day will be granted for each such Day.
A permit may have other hours or Days for the Contractor to do the Work, and those hours and Days shall supersede any hours and Days written in this Section.
Whenever the Contractor is permitted or directed to perform night Work or to vary the period during which Work is performed during the Working Day, the Contractor shall give twenty-four (24) hours’ notice to the City Engineer so that inspection may be provided. A charge may be made to the Contractor for approved overtime or weekend inspections requested by the Contractor. 6-4 DELAYS AND EXTENSIONS OF TIME
6-4.1 General.
Unless otherwise agreed in writing, an adjustment to the Contract time by reason of a Change Order shall be agreed to at the time the Change Order is issued and accepted by Contractor. If the Change Order does not reserve the right of the parties, or either of them, to seek an adjustment to the Contract time, then the parties forever relinquish and waive such right and there shall be no further adjustments to the Contract time.
No extension of time will be granted for any event, including pandemics, leading to the issuance of a “stay at home” or similar kind of order by any local, State, or federal governmental authority, if the Work has been deemed, either by emergency order or proclamation, or operation of law, to be an essential service that is exempt from such stay at home or similar order. 6-4.2 Extensions of Time
434
GP-18
In the event it is deemed appropriate by the City to extend the time for completion of the Work, any such extension shall not release any guarantee for the Work required by the Contract Documents, nor shall any such extension of time relieve or release the Sureties on the Bonds executed. In executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such extensions of time. The amount of time allowed by an extension of time shall be limited to the period of the delay giving rise to the same as determined by the City. Notwithstanding any dispute which may arise in connection with a claim for adjustment of the Contract time, the Contractor shall promptly proceed with the Work. 6-4.3 Payment for Delays
Notwithstanding any other terms and conditions of the Contract Documents, the City shall have no obligation whatsoever to increase the Contract Price or extend the time for delays.
Unless compensation and/or markup is agreed upon by the City, the Contractor agrees that no payment of compensation of any kind shall be made to the Contractor for damages or increased overhead costs caused by any delays in the progress of the Contract, whether such delays are avoidable or unavoidable or caused by any act or omission of the City or its agents. Any accepted delay claim shall be fully compensated for by an extension of time to complete the performance of the Work.
This Section shall not apply to compensable delays caused solely by the City. If a compensable delay is caused solely by the City, the Contractor shall be entitled to a Change Order that: (1) extends the time for completion of the Contract by the amount of delay caused by the City; and (2) provides equitable adjustment, as determined by the City, to the Contractor. 6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE
The following sentence is added to Section 6-8:
In no event (including termination for impossibility or impracticability, due to conditions or events beyond the control of the City, for any other reason or for no reason) shall the total amount of money to Contractor exceed the amount which would have been paid to Contractor for the full performance of the services described in the Contract.
6-9 LIQUIDATED DAMAGES
Section 6-9 of Part 1 of the Standard Specifications shall not be incorporated and shall instead be replaced with the following:
Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the City. Such damages are, and will continue to be, impractical and extremely difficult to determine. For each consecutive calendar day in excess of the time specified for completion of the Work, as adjusted in accordance with 6-4, the Contractor shall pay to the City, or have withheld from moneys due the Contractor, the sum of $750.00.
Execution of the Contract shall constitute agreement by the City and the Contractor that $750.00 per Day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete 435
GP-19
the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.
For the purposes of the calculation of the start of the liquidated damages, the Work shall be deemed to be completed when the same has been completed in accordance with the Plans and Specifications therefor and to the satisfaction of the City Engineer, and the City Engineer has certified such completion in accordance with Section 3-13.1 of Part 1 of the Standard Specifications.
SECTION 7. MEASUREMENT AND PAYMENT
7.3 PAYMENT
7.3.1 General
The unit and lump sum prices to be paid shall constitute full compensation for all labor, equipment, materials, tools and incidentals required to complete the Project as outlined in these Contract Documents and as directed by the City Engineer. In accordance with Public Contract Code Section 7107, if no claims have been filed and are still pending, the amount deducted from the final estimate and retained by the City will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be withheld for any other lawful purposes. 7-3.2 Partial and Final Payment
7-3.2.1 Monthly Closure Date and Invoice Date
For purposes of Section 7-3.2, the monthly closure date shall be the last Day of each month. A measurement of Work performed and a progress estimate of the value thereof based on the Contract and of the monthly payment shall be prepared by the Contractor and submitted to the City Engineer before the tenth (10th) Day of the following month for verification and payment consideration. 7-3.2.2 Payments
The City shall make payments within thirty (30) Days after receipt of the Contractor’s undisputed and properly submitted payment request, including an updated construction schedule pursuant to Section 6-
1.1 of the General Provisions. The City shall return to the Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) Days after receipt, and shall explain in writing the reasons why the payment request is not proper. 7-3.2.3 Retention
The City shall withhold not less than five percent (5%) from each progress payment. However, at any time after fifty percent (50%) of the Work has been completed, if the City Council finds that satisfactory progress is being made, it may, at its discretion, make any of the remaining progress payments in full for actual Work completed. The City shall withhold not less than five percent (5%) of the Contract Price from the Final Payment Amount (defined in Section 7-3.2.4) until at least thirty-five (35) days after recordation of the Notice of Completion, or recordation of a notice of acceptance or cessation, but not later than the period permitted by Public Contract Code Section 7107.
436
GP-20
7-3.2.4 Final Invoice and Payment
Whenever the Contractor shall have completely performed the Contract in the opinion of the City Engineer, the City Engineer shall notify the City Clerk that the Contract has been completed in its entirety.
The Contractor shall then submit to the City Engineer a written statement of the final quantities of Contract items for inclusion in the final invoice. Upon receipt of such statement, the City Engineer shall check the quantities included therein and shall authorize a payment amount, which in the City Engineer’s opinion shall be just and fair, covering the value of the total amount of Work done by the Contractor, less all previous payments and all amounts to be retained under the provisions of the Contract Documents (“Final Payment Amount”). The City Engineer shall then request that the City accept the Work and that the City Clerk be authorized to file, on behalf of the City in the office of the County Recorder, a Notice of Completion of the Work herein agreed to be done by the Contractor. In addition, the final payment will not be released until the Contractor returns the control set of Plans and Specifications showing the redlined as-built conditions.
7-3.2.5 Substitute Security
In accordance with Public Contract Code Section 22300, the Contractor may request that it be permitted to substitute securities in lieu of having retention withheld by the City from progress payments when such payments become due or, in the alternative, the Contractor may request that the City make payments of earned retentions directly to an agreed upon designated escrow agent at the Contractor’s expense. If the Contractor selects either one of these alternatives, the following shall control.
7.3.2.5.1 Substitution of Securities for Performance Retention At some reasonable time before any progress payment would otherwise be due and payable to the Contractor in the performance of Work under these Contract Documents, the Contractor may submit a request to the City in writing to permit the substitution of retentions with securities equivalent to the amount estimated by the City (“estimated amount of retention”) to be withheld. The Contractor shall deposit such securities with the City or may, in the alternative, deposit such securities in escrow with a State or federally chartered bank in California, as the escrow agent, at the Contractor’s expense. Such securities will be the equivalent or greater in value of the estimated amount of retention. If the Contract is modified by written Modifications or Change Orders or the Contractor otherwise becomes entitled to receive an amount more than the Contract Price at the time the securities are deposited, the Contractor shall, at the request of the City, deposit with the City or escrow agent, whichever is applicable, additional securities within a reasonable time so that the amount of securities on deposit with the City or escrow agent is equivalent or greater in value than the amount of retention the City would otherwise be entitled to withhold from progress payments due or to become due to the Contractor as the Work progresses.
The City shall withhold any retention amount that exceeds the security amount until the additional securities are deposited and, if the deposit is with an escrow agent, the City has confirmation from that escrow agent of the new total value of securities. Upon satisfactory completion of the Contract, which shall mean, among other things, that the City is not otherwise entitled to retain proceeds from progress payments as elsewhere provided in the Contract or under applicable law, the securities shall be returned to the Contractor. The City shall, within its sole discretion, determine whether the amount of the securities on deposit with the City or escrow agent is equal to or greater than the amount of estimated 437
GP-21
retention of progress payments that could otherwise be held by the City if the Contractor had not elected to substitute same with securities.
7-3.2.5.2 Deposit of Retention Proceeds with an Escrow Agent As an alternative to the substitution of securities, as provided above, or the City otherwise retaining and holding retention proceeds from progress payments, the Contractor may request the City to make payments of retentions earned directly to an escrow agent with the same qualifications as required in Section 7-3.2.5.1 above and at the expense of the Contractor. At its sole expense, the Contractor may direct the investment of such retention payments into only such securities as mentioned in Section 7-
3.2.5.4 below and shall be entitled to interest earned on such investments on the same terms provided for securities deposited by the Contractor. Upon satisfactory completion of the Contract, which shall mean when the City would not otherwise be entitled to withhold retention proceeds from progress payments had the Contractor not elected to have such proceeds deposited into escrow, the Contractor shall be allowed to receive from the escrow agent all securities, interest and payments deposited into escrow pursuant to the terms of this Section. The Contractor shall pay to each Subcontractor, not later than ten (10) Days of receipt of payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount withheld to ensure performance of the Contractor.
7-3.2.5.3 Subcontractor Entitlement to Interest
If the Contractor elects to receive interest on any moneys withheld in retention by the City, then the Subcontractor shall receive the identical rate of interest received by the Contractor on any retention moneys withheld from the Subcontractor by the Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the Subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the Subcontractor. If the Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the Contractor and the Subcontractor, the Subcontractor may substitute securities in exchange for the release of moneys held in retention by the Contractor. The Contractor shall pay each Subcontractor, not later than ten (10) Days after receipt of escrow moneys, the amount owed to each Subcontractor from the moneys plus the respective amount of interest earned, net of costs attributed to the retention held from each Subcontractor, on the amount of retention withheld to ensure performance of the Subcontractor.
7-3.2.5.4 Securities Eligible for Investment
Securities eligible for investment shall include those listed in Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon between the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for any monies withheld and shall receive any interest thereon.
7-3.2.5.5 Escrow Agreement for Security Deposits in Lieu of Retention 438
GP-22
The escrow agreement that shall be used for the deposit of securities in lieu of retention shall substantially conform to the form prescribed in Public Contract Code Section 22300(f). 7-3.2.5.6 Inconsistencies with Prevailing Statutory Requirements If there is any inconsistency between or differences in Public Contract Code Section 22300 and the terms of this provision, or any future amendments thereto, Section 22300 shall control.
Section 7-3.9 is hereby added to Section 7-3 of Part 1 of the Standard Specifications, as follows:
7-3.9 Audit
The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by the Contractor in preparing its billings to the City as a condition precedent to any payment to the Contractor or in response to a construction claim or a Public Records Act (Government Code Section 6250 et seq.) request. The Contractor will promptly furnish documents requested by the City at no cost. Additionally, the Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Contract. The Contractor shall include a copy of this Section 7-3.9 in all contracts with its Subcontractors, and the Contractor shall be responsible for immediately obtaining those records or other written material from its Subcontractors upon a request by the State Auditor or the City. If the Project includes other auditing requirements, those additional requirements will be listed in the Special Provisions.
SECTION 8 FACILITIES FOR AGENCY PERSONNEL
8-1 GENERAL
No field offices for City personnel shall be required; however, City personnel shall have the right to enter upon the Project at all times and shall be admitted to the offices of the Contractor to use the telephone, desk and sanitary facilities provided by the Contractor for its own personnel.
Section 9 is hereby added to Part 1 of the Standard Specifications, as follows:
SECTION 9. ADDITIONAL TERMS
9-1 NONDISCRIMINATORY EMPLOYMENT
The Contractor shall not unlawfully discriminate against any individual based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status. The Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations. 9-3 CONTRACTOR’S RESPONSIBILITY FOR WORK
439
GP-23
Until the final acceptance of the Work by the City Council in accordance with Section 3-13.2 of the General Provisions, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements, criminal acts, or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatever, the Contractor shall be responsible for all materials and the protection of Work already completed, shall properly store and protect them if necessary, and shall provide suitable drainage and erect temporary structures where necessary.
9-4 PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY
Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at its own cost. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid form and Specifications, and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during its operation), shall be paid to the Contractor at the unit prices submitted in the Contractor’s Bid.
9-5 REMOVAL OF INTERFERING OBSTRUCTIONS
The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character encountered during the process of excavation. It is understood that the cost of any such removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing Work.
9-6 SOILS ENGINEERING AND TESTING
A certified materials testing firm may be retained by the City to perform materials tests during the Contractor’s entire operation to ascertain compliance with the Contract requirements. The City shall be responsible for the first series of tests. If the initial tests do not meet the Contract requirements, the Contractor shall bear the cost of all subsequent tests.
If the City requires other tests or more specific requirements for testing regarding this Project, those details will be included in the Special Provisions.
9-7 ACCESS TO PRIVATE PROPERTY
Unless otherwise stated in the Special Provisions, the Contractor shall be responsible for all fees and costs associated with securing permission to access private property for any portion of the Project. 9-9 CLAIM DISPUTE RESOLUTION
In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in 440
GP-24
dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.
All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. For purposes of this Section, “claim” means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for (i) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City, (ii) payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract Documents, payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or (iii) payment of an amount that is disputed by the City. The Contractor or any subcontractor must file a claim in accordance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Section 9204 and Article 1.5 (as applicable).
In addition to compliance with Public Contract Code Section 9204 and Article 1.5, filing a claim in accordance with the Government Claims Act (Government Code Section 810 et seq.) is a prerequisite to filing any lawsuit against the City relating to this Contract. 9-10 THIRD PARTY CLAIMS
The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The City shall timely notify the Contractor of the receipt of any third-party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice. 9-11 COMPLIANCE WITH LAWS
The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents. 9-12 REQUIREMENT TO MITIGATE THE SPREAD OF COVID-19
The Contractor and all Subcontractors for the Work shall comply with all applicable Federal, State, Los Angeles County, and City statutes, regulations, orders, and ordinances regarding COVID-19 Infection Prevention. This requirement specifically includes, without limitation, compliance with the “Safety and Health Guidance COVID-19 Infection Prevention in Construction” issued by the California Department of Industrial Relations, Division of Occupational Safety and Health and Safety on October 27, 2020, and as may be amended from time to time by the Department.
Prior to the pre-construction meeting, the Contractor shall submit to the City a “COVID-19 Mitigation Program” implementing these requirements and shall post the COVID-19 Mitigation Program on the Project site in a manner designated by the City’s Project Manager. The failure of employees or workers of the Contractor and all Subcontractors on the Work to comply with these requirements shall be a default per Section 6-7.1, and may also result in a suspension of the Work pursuant to Section 6-6. Contractor 441
GP-25
acknowledges that, in the event that the Engineer suspends the Work as a result of such failure by the Contractor or one of its Subcontractors to comply with these requirements, the City is not responsible for the delay, and that pursuant to Section 6-6.1 the Contractor is not entitled to compensation. The Contractor shall also pay to the City the costs and expenses incurred by the City resulting from the failure of employees of the Contractor and all Subcontractors on the Work to comply with these requirements including, but not limited to, the salaries and benefits for City employees who are unable to work due to exposure to COVID-19 as a result of such failure, and workers’ compensation benefits and expenses.
Delays in the Work resulting from the Contractor’s or its Subcontractor’s failure to comply with these regulations shall not be considered an unforeseen event entitling the Contractor to an extension of time or payment for delay pursuant to Section 6-4 of the Standard Specifications. 9-13 CONTRACTOR’S REPRESENTATIONS
By signing the Contract, the Contractor represents, covenants, agrees, and declares under penalty of perjury under the laws of the State of California that: (a) the Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in the Contract Documents; (b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under the Contract Documents; (c) there is no litigation pending against the Contractor that could adversely affect its performance of the Contract, and the Contractor is not the subject of any criminal investigation or proceeding; and (d) to the Contractor’s actual knowledge, neither the Contractor nor its personnel have been convicted of a felony. 9-14 CONFLICTS OF INTEREST
The Contractor agrees not to accept any employment or representation during the term of the Contract or within twelve (12) months after acceptance as defined in Section 3-13.2 of the General Provisions that is or may likely make the Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents.
9-15 APPLICABLE LAW
The validity, interpretation, and performance of these Contract Documents shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules. Venue for any such action relating to the Contract shall be in Superior Court with geographic jurisdiction over the City.
9-16 TIME
Time is of the essence in these Contract Documents.
9-17 INDEPENDENT CONTRACTOR
The Contractor and Subcontractors shall at all times remain, as to the City, wholly independent contractors. Neither the City nor any of its officials, officers, employees or agents shall have control over the conduct of the Contractor, Subcontractors, or any of their officers, employees, or agents, except as 442
GP-26
herein set forth, and the Contractor and Subcontractors are free to dispose of all portions of their time and activities that they are not obligated to devote to the City in such a manner and to such Persons that the Contractor or Subcontractors wish except as expressly provided in these Contract Documents. The Contractor and Subcontractors shall have no power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as agents. The Contractor and Subcontractors shall not, at any time or in any manner, represent that they or any of their agents, servants or employees, are in any manner agents, servants or employees of the City. The Contractor and Subcontractors agree to pay all required taxes on amounts paid to them under the Contract, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract Documents.
The Contractor shall include this provision in all contracts with all Subcontractors. 9-18 CONSTRUCTION
In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of these Contract Documents shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract Documents or who drafted that portion of the Contract Documents. 9-19 NON-WAIVER OF TERMS, RIGHTS AND REMEDIES
Waiver by either party of any one (1) or more of the conditions of performance under these Contract Documents shall not be a waiver of any other condition of performance under these Contract Documents.
In no event shall the making by the City of any payment to the Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default that may then exist on the part of the Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. 9-20 TERM
The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has fully rendered the services required by the Contract Documents or the Contract has been otherwise terminated by the City. However, some provisions may survive the term listed within this Section, as stated in those provisions.
9-21 NOTICE
Except as otherwise required by law, any notice or other communication authorized or required by these Contract Documents shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during the City’s regular business hours or (b) on the third (3rd) business day following deposit in the United States mail, postage prepaid, to the addresses listed on the Contractor’s Bid and City Hall, or at such other address as one party may notify the other. 443
GP-27
9-22 SEVERABILITY
If any term or portion of these Contract Documents is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of these Contract Documents shall continue in full force and effect.
444
SP-1
SPECIAL PROVISIONS
The Sections that follow supplement, but do not replace, the corresponding provisions in Part 3 (Construction Methods) and 4 (Existing Improvements) of the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall control.
SECTION 306 - OPEN TRENCH CONDUIT CONSTRUCTION
306-3.1 GENERAL
Pursuant to Public Contract Code Section 7104, if the project involves trenching more than four (4) feet deep, the Contractor shall promptly and before the following conditions are disturbed notify the City in writing of any:
a. Material that the Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; and/or b. Subsurface or latent physical conditions at the site differing from those indicated; and/or c. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.
The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the Work shall issue a change order under the procedures described in the Contract. In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.
As required by Labor Code Section 6705 and in addition thereto, whenever work under the Contract that involves an estimated expenditure in excess of twenty-five thousand dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, the Contractor shall submit for acceptance by the City in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by the Contractor, and all costs therefor shall be included in the price of the Contract. Nothing in this provision shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this 445
SP-2
provision shall be construed to impose tort liability on the City or on any City officer, agent, consultant, representative, or employee. All plans, processing and shoring costs are the Contractor’s responsibility and must be included in the Contractor’s bid.
SECTION 400 - PROTECTION AND RESTORATION
400-1 GENERAL
All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid.
SECTION 402 - UTILITIES
402-1 LOCATION
Except as shown in the Plans or specified in the Special Provisions, the location and existence of underground utilities or substructures has not been obtained. Subject to Government Code Section 4215, the methods used and costs involved to locate existing elements, points of connection and all construction methods are the Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. The Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include contacting Underground Service Alert and other private underground locating firm(s), utilizing specialized locating equipment, hand trenching, or both. For every Dig Alert Identification Number issued by Underground Service Alert during the course of the Project, the Contractor must submit to the City the following form. The Contractor shall be responsible for preserving the integrity of the existing underground utilities at the site. 446
SP-3
UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER FORM
No excavation will be permitted until this form is completed and returned to the City.
Government Code Section 4216 et seq. requires a Dig Alert Identification Number to be issued before a permit to excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 a minimum of three (3) Working Days before scheduled excavation. For best response, provide as much notice as possible up to ten (10) Working Days.
Dig Alert Identification Number: ________________________________________________ Dated:
(“CONTRACTOR”)
By:
Printed Name:
Title:
By:
Printed Name:
Title:
Note: This form is required for every Dig Alert Identification Number issued by Underground Service during the course of the Work. Additional forms may be obtained from the City upon request. 447
SP-4
402-1.3 Entry by Utility Owners
The right is reserved to the owners of public Utilities or franchises to enter the Project site for the purpose of making repairs or changes in their property that may be necessary as a result of the Work as well as any other reason authorized by the City. When the Contract Documents provide for the Utility owners to alter, relocate or reconstruct a Utility, or when the Contract Documents are silent in this regard and it is determined by the City Engineer that the Utility owners must alter, relocate or reconstruct a Utility, the Contractor shall schedule and allow adequate time for those alterations, relocations or reconstructions by the respective Utility owners. City employees and agents shall likewise have the right to enter upon the Project site at any time and for any reason or no reason at all. 402-2 PROTECTION
If Contractor damages or breaks the Utilities, it will be the Contractor’s responsibility to repair the Utility at no cost to the Utility or the City.
402-3 REMOVAL
Facilities encountered during the prosecution of the Work that are determined to be abandoned shall be removed by the Contractor as required for the Work, unless directed otherwise by the City Engineer. The remaining portion of the existing Utility which is left in place shall be accurately recorded, in elevation and plan, on the control set of Contract Drawings.
402-4 RELOCATION
The Contractor shall cooperate fully with all Utility forces of the City or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities that interfere with the progress of the Work. The Contractor shall schedule the Work so as to minimize interference with the relocation, altering, or other rearranging of facilities. 402-6 COOPERATION
The Contractor’s attention is directed to the fact that Work may be conducted at or adjacent to the site by other contractors during the performance of the Work under this Contract. The Contractor shall conduct its operations so as to cause a minimum of interference with the work of such other contractors, and shall cooperate fully with such contractors to provide continued safe access to their respective portions of the site, as required to perform work under their respective contracts. Compensation for compliance shall be included in the various items of the Work, and no additional compensation shall be allowed therefor.
448
SP-5
402-7 NOTIFICATION
The Contractor shall notify the City Engineer and the owners of all Utilities and substructures not less than forty-eight (48) hours before starting construction. The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or accurate:
Agency: City of Banning
Phone Number: 951.922.3263
Contact Person: Brandon Robinson
449
A-1
EXHIBIT “A”
450
SOLE SOURCE/EMERGENCY PURCHASE JUSTIFICATION
Date: 8/12/2024 ELECTRIC UTILITY Dept./Div.: ______________ _ Phone:
951-922-3260
Contact:
BRANDON ROBINSON I CARLA YOUNG ---------------------------------------- Vendor: ELECTRIC POWER SYSTEMS INTERNATIONAL, INC. (EPS) Address:
1780 E. MCFADDEN AVE, SANTA ANA, CA 92705 Phone: 714-714-7226 --------- Check reason for sole source/emergency purchase request:
□
□
□
□
□
□
□
□
□
□
Sole Source: No other items are known to exist which perform the same function.
Standardization: The City requires the item(s) to standardize parts, design, quality, etc. (explain in more detail below)
Scarce Commodity: To procure a commodity that is in critical short supply, such as fuel, potable water, MRE's porta-potties, etc. and the vendor will be out of inventory if the bid process is followed. (This option is not permitted once inventories begin to normalize.
Emergency Protective Measures: This classification is for extraordinary measures that may be needed when life, public health or improved property are in imminent danger. For instance, during the winter season, the purchase of sand and sand bags would not constitute an extraordinary measure. Purchases of sand and sandbags should be a normal purchase and anticipated before the winter season arrives. An extraordinary protective measure could be the rental of temporary fencing to cordon off structures in imminent danger of collapse.
Emergency Consulting Services: The procurement is for a tech nica I consulting service of an immediate nature, such as inspection of a heavily damaged structure to determine if a collapse is imminent or inspection of a slope to determine the nature and extent of landslide potential.
Emergency Road Clearance: Services needed to clear roads to provide access for emergency service vehicles. This is not used for general debris removal.
Other Emergency Requirement: Purchase necessary for the preservation of life, public health or improved property due to imminent danger. Provide a brief explanation of the immediate problem and include the potential consequences if left unaddressed
Non-Responsive Bids: Bids were solicited, but no responsive bid has been received from requested bidders. A copy of all bids and a list of other solicited vendors must be attached.
Pre-Existing Contract: The purchase was made under terms of a pre-existing competitively bid disaster services, materials, or supplies contract.
Patent or Copyright: The item is patented or copyrighted and vendor has exclusive sales rights.
Legal Monopoly: The item or product or service of a legal monopoly.
Captive Replacement Part: The item is a captive replacement part. Use of a generic part will void a warranty, or use of a generic part will require extensive modifications to existing equipment which would be cost prohibitive.
Sole Distributor: The vendor is the only authorized distributor of this item.
Narrative Justification - Explain the following. Be very precise when filling in this section. • Describe what is being purchased or rented.
• Describe where the equipment, material or services will be used.
Sole Source Emergency Purchase Justification Fom1 - Banning 11052016 451 • Specify the immediate hazard or threat that poses imminent danger. (The phase "earthquake damage" is insufficient.
Provide detail: "A three story unreinforced masonry building is severely damaged and appears to be in imminent danger of collapse onto the public right of way."
• Describe the minimum acceptable actions that can be taken to reduce or eliminate the hazard i.e., "Install temporary chain link fencing around the structure at a distance of 20 feet from the building." • Describe consequences if left unaddressed. "The building may collapse injuring bystanders." Product or service to be purchased or rented:
SAN GORGONIO 12.47KV CIRCUIT CONNECTION FROM SUBSTATION TO DISTRIBUTION SYSTEM Location of product or service use:
176 E. LINCOLN ST. BANNING, CA 92220
60 S. ALOLA ST. BANNING, CA 92220
Specific Hazard or Threat (complete for emergency justification):
Minimum action to reduce threat (complete for emergency justification):
Consequences if unaddressed (complete for emergency justification):
Cost Rationality-The cost of the equipment, supplies or services procured are deemed to be rational by virtue of the following circumstances. Check the appropriate box(es) below. Attach any documentation to support you rational. □
□
□
□
The prices charged are comparable with the prices paid for similar goods or services within the last 12 months.
Using readily available catalogs or price lists, and/or internet sources, it's determined that the cost are reasonable within the circumstances at hand. (Attach copies)
The prices paid for the goods or services exceed normative pricing, butthe circumstances required their purchase, and only enough of the goods or services were purchased to deal with the specific emergency at hand. All additional purchases of the same goods or services will be made through normal procedures.
There are no available sources for market cost rationale due to the above mentioned sole source, non-responsive bids, patent or copyright, legal monopoly and sole distributor classification.
Authorizations:
Dept. Head's Signature: _____________________ _ Date: ---------- Purchasing Officer's Signature: __________________ _ Date: _________ _ City Manager's Signature: ____________________ _ Date: _________ _ Sole Source Emergency Purchase Justification Fom1 - Banning 11052016 452 - THE VENDOR WILL PROVIDE LABOR, EQUIPMENT, AND MATERIALS TO COMPLETE THE
LINE EXTENSION CONNECTING SAN GORGONIO SUBSTATION WITH THE CIRCUITS THAT
HAVE PREVIOUSLY BEEN SERVED BY ALOLA SUBSTSTION , WHICH HAS BEEN DECOMMISIONED.
CITY OF BANNING ALREADY MAINTAINS AN EXISTING CONSTRUCTION CONTRCT WITH
EPS, AND THIS NEW CONTRACT WOULD BE AN EXTENSION OF THE EXISTING
CONTRACT WHICH WILL ALLOW EPS TO COMPLETE THEIR OBLIGATIONS FOR THE SAN GORGONI SUBSTATION PROJECT.
THIS CONTRACT IS REQUIRED TO COMPLETE THE CONSTRUCTION OF THE SAN GORGONIO SUBSTATION PROJECT. THE ORIGINAL CONTRACT CANNOT BE EXTENDED, HOWEVER THERE IS CONTRACT WORK FROM THE CONTRACT C00727 THAT REQUIRES COMPLETION AND THERE ARE FUNDS BUDGETED WITHIN ORIGINAL PO 31284 TO COVER THE COSTS OF THE NEW SOLE SOURCE CONTRACT. BEU IS ALSO REQUESTING ADDITIONAL BUDGETED
FUNDS TO BE APPLIED TO THIS CONTRACT TO COVER THE COSTS OF ADDITIONAL WORK FOR DISTRIBUTION CIRCUIT TROUBLESHOOTING.
453
CITY WOULD NEED TO GO OUT FOR BIDS WHICH WOULD PROLONG THE PERIOD THAT
THE SUBSTATION IS LEFT WITHOUT FULL COMPLETION AND ALSO PUT THE CITY AT
RISK OF INFLATION DUE TO EPS' AGREEMENT TO USE ORIGINAL CONTRAC COST VALUES FROM 2021.
THE CONTRACTOR, EPS, WILL COMPLETE THESE IMPROVEMENTS AT THE UTILIZING THE SAME UNIT COSTS AGREED UPON UNDER THE ORIGINAL CONTRACT C00727.
EPS IS THE CONTRACTOR OF RECORD FOR THE ORIGINAL PO 31284 FOR SAN GORGONIO SUBSTATION CONSTRUCTION CONTRACT. THE JUSTIFICATION FOR THIS SOLE SOURCE
REQUEST IS FOR THE COMPLETION OF THE CONTRACT OBLIGATIONS DUE TO THE ORIGINAL CONTRACT HAVING EXPIRED.
454
455
SUBMIT COMPLETED FORMS TO [email protected]
CITY OF BANNING Contract Number Requisition Number PO Number
PURCHASE REQUISITION FORM
Title of Purchase Order/Contract/Project: Department Contact: __________________________________ ______________ Requisition Type Funding Date Requisition Submitted: __________________ Purchase Order PO Change Order Budgeted Approvals Blanket Order BO Change Order Pending Budget Adjustment Council Approval Date Contract Contract Amendment Grant Funded Council Resolution # CUPCCAA Attachments
Rush Rush Request Date: __________ Scope of Work/Services Dates of Service Sole Source/Single Source* Start Date
CONTRACTS ONLY Emergency* End Date
Renewals Yes No Quotes
Option to Extend _____ Years Bid Date (Initial date of bid): Retainage Yes No Insurance Reqs. Standard Other # of Required Quotes Percentage ______ % Vendor Information
Vendor Number Vendor On Site Yes No City Business License No.
Vendor Name State Registration No.
Address DIR No.
City, State & Zip Contractor License No.
Contact Name License Type
Contact Phone Secondary SAM Government No.
Contact Email
Authorized Signer Name: Title:
Authorized Signer Email:
Purchase Information
Line Qty Items (Description, Size, Etc.) Unit Price Estimated Amount Commodity Code: _________ **Sales Tax: 7.75% Other ______ Sales Tax** Shipping/handling that is taxable should be a line item. *Non-taxable Freight Insurance Required: Yes, Attached Yes, Requested Yes, On File No AL ______ GL ______ WC ______ PL ______ BR ______ PoL ______ Estimated Total Cost Amendments/Change Orders: Starting Value Value Change Total Value Funding Information
Line # Fund | 000 Division | 0000 Activity | 000 Object | 00-00 Project Amount Total
Description (Provide Reason for Request)
Approvals
Requested by: ____________________________________ Approved by: ________________________________________ Contract Manager Date Department Manager Date
Approved by: ____________________________________ Approved by: ________________________________________ Purchasing Officer Date City Manager Date
Unit
%
456
SUBMIT COMPLETED FORMS TO [email protected]
Purchase Information
Line # Qty Unit Items (Description, Size, Etc.) Unit Price Estimated Amount
Sub-Total
Funding Information
Line # Fund | 000 Division | 0000 Activity | 000 Object | 00-00 Project Amount Sub-Total
457
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Nicole Jews, Human Resources Manager
Lincoln Bogard, Administrative Services Director
MEETING DATE: September 10, 2024
SUBJECT: Consideration of Resolution 2024-147, Approving a Community Development Director Employment Agreement
RECOMMENDATION:
Adopt Resolution 2024-147.
BACKGROUND:
In June 2024 Community Development Director, Adam Rush separated from the City of Banning. In July 2024, the City Manager spoke with and chose to interview Mr. Newell, the current Assistant Planning Director for the City of Palm Springs.
Mr. Newell appeared before a department directors’ panel as well as one-on-one interviews with the City Manager. Following the interviews, a debriefing was conducted and Mr. David Newell was selected as the top choice for the Community Development Director position.
Mr. Newell holds a Bachelor of Arts degree in Environmental Analysis and Design with a minor in Urban and Regional Planning, University of California, Irvine and a Master of Public Administration, California State University, San Bernardino. He has worn many hats in his 19 years of employment with the City of Palm Springs. Mr. Newell's current position is the Assistant Planning Director, in the Development Services Department/Planning Department, for the city.
The Employment Agreement is consistent with the compensation and benefits established by Resolution No. 2019-41, establishing maximum compensation and benefits for department directors.
JUSTIFICATION:
The Community Development Director position is critical to successful operations of the Community Development Department. Mr. Newell is highly qualified and has experience necessary to successfully perform the duties of the position.
FISCAL IMPACT:
The 2024/2025 budget includes funding for the Finance Director position.
Fiscal Year
Estimated Total Compensation Amount (including
all Employer Contributions for benefits and
retirement)
458
2024/2025 $218,867.44 (9.5 months)
2025/2026 $283,672.50
2026/2027 $291,097.11
2027/2028 $298,744.47
2028/2029 $306,621.24
ALTERNATIVES:
Do not adopt Resolution No. 2024-147 and provide staff alternate direction.
BUDGETED?:
Yes
CONTRACT/AGREEMENT:
Yes
ATTACHMENTS:
1. Resolution 2024-147, EA David Newell.docx
2. Banning_-_David_Newell_Employment_Agreement.pdf
3. Job Description_Community Development Director
4. Reso No. 2019-41 Exec Comp and Increase.pdf
459
Resolution 2024-147