o Proposes a projected cost for fleet conversion, infrastructure construction, and identifies financing mechanisms and strategies that could accelerate the transition of publicly owned vehicles to ZEVs; and
o Finalizes a Phased Master Plan for recommended implementation of fleet electrification and charging strategy, utilizing findings from studies, previous City plans, and input from City staff, partners, and community engagement. • Encouraging long-term results from the developed plan including decreasing GHG emissions and improving the City’s air quality, thereby promoting healthier living conditions for residents; bolstering the resiliency and environmental responsibility of citywide services and utilities while maintaining their ability to efficiently serve the community; and set the stage for future ZEV infrastructure development to support privately owned vehicle transition and maintain momentum towards the state’s 2050 zero-emissions goal.
• Engaging the community with informational meetings and discussions, and build social equity by educating residents about why ZEV transitioning is important and how the transition will impact their lives for the better. Engagement will ensure residents’ voices, especially those in underserved neighborhoods, are heard in regards to questions and concerns, by helping residents take an active part in community development through consideration of their feedback, suggestions, and input. • Implementing a finalized, all-encompassing Plan informed by best purchasing and constructing practices, along with significant and meaningful input from stakeholders and the community, which will ultimately prepare Banning to take powerful initiative in environmental stewardship and climate action for their public fleet.
Summary of Project Tasks
The project’s primary tasks are to first assess all current conditions regarding the Department’s fleet and infrastructural preparedness for transition, and then develop a thorough strategy for implementation of necessary purchases, construction, and management. Community outreach and coordination with partnerships and stakeholders will be an integral part of these tasks.
Task 01: Project Administration
Grant Kick-off Meeting with Caltrans
The Project Manager and City staff will plan and conduct a kick-off meeting with Caltrans to review and discuss the grant agreement, implementation expectations and timelines, procurement procedures, reporting and invoicing, and immediate and long-term action items.
Invoicing
The Project Manager in coordination with the City's Finance Director will develop and submit invoices to Caltrans in a timely manner as prescribed in the grant agreement. Invoice packages and reports will be based upon completion of project phases as identified in the grant contract and include project expenditures to-date.
Quarterly and Final Reporting to Caltrans
The Project Manager and Finance Director will work together to develop and submit quarterly reports and the final report to Caltrans in a timely manner as prescribed in the grant agreement.
The reports will summarize project progress and obstacles, and will include copies of deliverables.
Project Monitoring
The Project Manager will organize regularly scheduled meetings—in-person and remote—over the course of the project with the Consultant to monitor project progress, discuss next steps and upcoming tasks, and review emerging implementation barriers and propose solutions. The Project Manager will additionally track the project’s budget and timeline, ensuring that project FINAL Page 29
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tasks remain on-schedule. All ongoing quality control monitoring of the Consultant will be the Project Manager’s responsibility.
Task Deliverables – Responsible Party: City of Banning
Kick-off meeting with Caltrans: Meeting notes, attendance sign-in sheet Quarterly invoices
Quarterly progress reports
Final report
Task 02: Consultant Procurement
Consultant Procurement
The Project Manager will develop and post a Request for Proposal (RFP) in order to procure a Consultant to conduct the study, develop the Zero-Emission Vehicle Fleet and Infrastructure Transition Action Plan, and participate in all community and stakeholder engagement events.
Consultant procurement will align with Banning’s established procedures and qualification requirements by which the City will make its selection, taking into consideration years of directlyrelated experience and cost-effectiveness. The City will hire a Consultant while abiding by state and federal requirements, Caltrans Local Assistance Procedures Manual for procuring nonArchitectural and Engineering Consultants, the Grant Application Guide, Regional Planning Handbook, and the established grant contract between Caltrans and the City.
Kick-off Meeting with Stakeholders
Once a Consultant is selected, the City will hold a kick-off meeting with the Consultant to review the scope of work, budget, timeline, deliverables, and address planned involvement in community and stakeholder outreach events. City staff, along with the Project Manager, the Consultant, and stakeholder representatives will meet to discuss the broad vision for the Plan, the projects goals and objectives, the tasks and the timeline, immediate and long term action items, expectations between the City, the Consultant, and stakeholders, intended project outcomes, and Caltrans’ requirements. The City’s Project Manager will lead the discussion with input from supporting City staff. Caltrans will be invited to attend.
Task Deliverables – Responsible Party: City of Banning
Copy of City of Banning’s current procurement procedures Request for Proposal/Qualifications
Contract between Consultant and City of Banning
Amendments to the Consultant contract
Kick-off Meeting: Notes, agenda, and attendee sign-in sheet Task 1: Existing Conditions
Review Existing Plans and Information
The Consultant will review existing materials including:
• Related elements of Banning’s General Plan and Amendments; • Local plans including Banning’s Zero-Emissions Bus Rollout Plan and Short Range Transit Plan;
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• Regional plans including: SCAG’s 2023 Connect SoCal Plan and WRCOG’s Subregional Climate Action Plan;
• Literature review of EV infrastructure to identify best practices, obstacles and identified solutions, example scopes of work, cost estimates, etc.; • Current, completed environmental studies;
• Information regarding demographics and densities of populations in the City, including disadvantaged communities;
• Review transit ridership and user data; and
• Review current transit routes.
Conduct Infrastructure and Fleet Inventory
The Consultant will conduct a thorough audit of the existing public fleet and infrastructure within the city limits. The Consultant will document conditions, land use, housing, assets and needs, status of adjacent infrastructure, listings of relevant transit destinations and access points, via photographs and field notes.
Task Deliverables – Responsible Party: Consultant
List of reviewed documents
Tables/lists summarizing collected data
Inventory of findings, photographs, field notes, etc.
Memo summarizing findings
Task 2: Analysis
Identify Vehicles for Transition
The Consultant will identify vehicles in Banning’s existing fleet best suited for immediate transition to ZEVs, as well as those which may be underutilized, oversized, or not optimal for transition due to insufficient alternatives, unreliable technology, excessive cost, or other reasons. Upfront and lifecycle cost differentials among commercially available fuel options, including kilowatt-hour (kWh) costs will be averaged with a cost/benefit analysis for the conversion to electric and fuel cell vehicles for all applicable classes and types within the fleet. From this data, the Consultant will develop recommendations for the best compliance pathway to meet ACF regulations for fleet conversion. The Consultant will identify any possible applications of exemptions, including the ZEV Milestone Option.
Identify Infrastructure Sites
The Consultant will identify the projected number and location profile of electric vehicle charging stations needed citywide to provide charging for the City fleet upon transition, along with drafting a cost analysis study for the ideal sites. Viable locations will be prioritized and selected for implementation in the final Plan with a goal to maximize the total possible number of chargers, along with infrastructure for future chargers, and keeping in mind strategic placement that best supports the current bus routes and needs of residents. Identified sites will be based on elements such as transit and frequented utility service destinations, land-uses, workplaces, electric infrastructure, DACs, etc.
Review of the existing infrastructure will include calculations of the City’s capacity to support electrical load demand from charging operations, identify potential grid impacts, inadequate charging infrastructure and locational limitations, such as electric service panel and transformer upgrades, parking configurations, note concerns about reliability and resilience in the event of a grid outage, and review ability to sustain changes for the long-term. Capacity for backup generators or other energy storage methods needed for emergency response, or to lighten the load from the additional impact to the electrical grid during peak system usage will be assessed.
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Up to three different City facilities will be considered, including City Corporate Yard, Water/Wastewater Yard, and Repplier Park.
Identify Transition Needs and Requirements
For Fleet Conversion: For all light and medium-duty vehicles, the Consultant will develop estimates for the projected cost of replacement with electric vehicles by 2040. Estimates will include costs for vehicle acquisition, procurement lead times, charging and refueling infrastructure costs, existing fleet fuel costs and projected fuel/charging, ongoing maintenance, and all other associated expenses. To budget the ongoing operation costs, the estimated energy usage (MWh) and demand (MW) by vehicle category should be provided as well. For this task, the Consultant will also describe other barriers to transition to an electric vehicle fleet, including but not limited to commercial availability, procurement lead time, operational challenges, emergency response, fleet staff expertise/training, and take-home vehicle charging. The Consultant will include yearly and total costs of ownership for the vehicle and charging infrastructure.
The Consultant will also recommend charge management solutions to ensure vehicles are fully charged by the next duty cycle while ensuring the total energy available is not exceeded.
For vehicles with a Gross Vehicle Weight Rating (GVWR) of 8,500 lbs. or greater, the Consultant will develop estimates for the projected cost of conversion to battery and/or fuel cell electric fleets by 2024 (50%) and by 2027 (100%) or in accordance with the most current ACF regulation requirement.
For Infrastructure Construction: The Consultant will create a Needs Assessment and Gap Analysis, identifying the gap between the existing city infrastructure and forecasted future needs, and provide an estimate cost to bridge the gap. Cost estimates will include but are not limited to:
installing charging stations, mobile charge stations, energy storage units, and solar panels for supporting increased electrical load. Upgrades to electrical capacity will be included if needed as part of reviewing backup generator needs, and the Consultant will identify types of chargers recommended for City use. If fuel cell electric vehicles are recommended as a cost-effective alternative, the Consultant will also identify the projected number and location profile of fuel production, storage, and distribution sites.
Finally, the Consultant will identify and analyze financing mechanisms and strategies which could accelerate the transition of publicly owned vehicles to battery and/or fuel cell electric vehicles, including but not limited to:
• Energy or carbon savings performance contracting;
• Utility rebates;
• Revolving loan funds;
• State grant programs (e.g. LCFS Credits);
• State and federal incentives; and
• Leasing.
Develop Initial Rollout Schedule
The Consultant shall draft a phased rollout schedule, including recommendations provided in the City’s Zero-Emissions Bus Rollout Plan. The Consultant should also estimate the GHG emission reductions by year, by vehicle category for the alternative fuel vehicles. The plan shall additionally include user-friendly preliminary design plans, illustrations, and talking points to present at community and stakeholder outreach events.
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Identify Vendors
The Consultant will compile a list of potential vendors and utility companies to coordinate/partner with for EV infrastructure installation, including but not limited to Banning Electric Utilities and SCPPA.
Identify Funding Sources
The Consultant will research potential funding resources and provide any available information to assist the City in optimizing this project, including information about statewide or other funding programs to facilitate EV charging.
Task Deliverables: Responsible Party: Consultant
Memo summarizing needs and recommendations
Map and lists of sites for future deployment of charging infrastructure List of optimal vehicles for ZEV transition
List of ideal sites for charging infrastructure
Draft rollout schedule with illustrations and talking points List of potential vendors and utility companies to consider for coordination/partnership List of potential funding and implementation resources
Task 3: Public Outreach
Outreach and Engagement Strategy
The Consultant will develop an outreach strategy to engage the community in the development and review of the project. This strategy will involve a schedule of outreach activities including meetings, pop-up booths, and publications, including a timeline for invitations and announcements via local newspaper advertisement, flyer production, social media and website posts, and use of Banning’s text and call notification system. The strategy will also consider methods to maximize community participation per each event and be a working document, taking into account successes and obstacles from each effort to adapt for the next. Materials will be aesthetically pleasing with clear presentation of information in both Spanish and English.
Priority will be placed on disseminating printed materials in community hubs near disadvantaged neighborhoods.
Online Content
The City, in coordination with the Consultant, will develop a project webpage, hosted on the Department of Public Works’ website, which will include project details such as background, goals, schedule, contact information for the project team, and an option to subscribe for email updates. Opportunities for event attendance will be regularly updated on the webpage, along with new documents available for public viewing and call to action to contact the project team with feedback.
Direct Outreach
Multiple methods of direct outreach will be utilized in order to optimize reach to Banning’s residents, especially those in disadvantaged neighborhoods. The City, in coordination with the Consultant, will organize outreach methods in four categories:
• Community Meetings – In coordination with the Project Manager, the Consultant will schedule, prepare, and lead at least three public community meetings. These meetings will be held in multiple locations in order to reach all areas of Banning, with an emphasis on spacious gathering spaces within reasonable active commuting distance from disadvantaged neighborhoods, and with disability accessibility. Meeting times will vary, FINAL Page 33
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with priority given to weekends and evenings to maximize attendance opportunities for working citizens. At least one meeting will host an online attendance option to enable the homebound to participate.
The purpose of these meetings will be to raise awareness of the necessity of ZEV fleet transition and infrastructure construction, and discuss the vision, goals, and benefits of the proposed Plan. Results from the Consultant’s inventory will be shared, supported by photographs and visual, user-friendly data, along with the initial draft plan for transition and construction. The Consultant will assist the City in developing visual presentations. All material to be displayed and handed out will be in Spanish and English.
The meetings will help make the public aware not only about how the Plan will affect them, but how they can have an active voice in the development of the Plan, encouraging especially those in disadvantaged communities, families with school children, and the business community to ask questions and provide feedback concerning utility, service, and transit needs, and how electrification and charging station construction can best support them in the future. Attendees will be informed on how they can keep track of project process and how they can continue to contact the project team post-meeting.
• Interactive Flyers – Informational flyers and graphics will be disseminated in both English and Spanish, informing residents about upcoming meetings. Professional designed flyers will convey the necessary information clearly and succinctly, while QR codes will be utilized to direct residents to more online information, surveys, and sign-up sheets. • Presentations at Existing Events – The Consultant will prepare informational material to be provided via pop-up booths and stands during at least two citywide, community events, such as seasonal festivals. These will serve to support the official meetings and continue to spread awareness about the project’s importance, goals, and benefits to residents and the environment.
• Project Survey – This survey will be created by the City for use at events, and will be used to gather feedback from attendees digitally. The survey will also be accessible via email, text notification, and social media and website postings for those who cannot attend.
Task Deliverables – Responsible Party: City of Banning and Consultant Project webpage on the Department of Public Works’ website Outreach and marketing strategy reports
Advertising materials: Copies of flyers, social media posts, newspaper notices, and bilingual services provided
Meeting agendas and sign-in sheets/attendance data
Meeting presentations (PowerPoints, handouts, etc.)
Photographs of meetings
Survey results
Summary of feedback received per outreach event
Task 4: Advisory Committee Meetings
Recruitment
The City project team will work with the Consultant to identify and recruit stakeholders and partners to serve on an Advisory Committee. Members are most likely to include but not limited to: SCAG, WRCOG, SCPPA, Banning Electric Utility, the Banning Unified School District, and Caltrans. Local neighborhood groups will also be invited, with the goal of ensuring that Banning’s DACs and small interest groups are represented. Caltrans District 8 will be invited.
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Advisory Committee Meetings
The City of Banning, in coordination with the Consultant, will hold Advisory Committee Meetings to present collected findings throughout the analysis and planning process. These meetings will enable key stakeholders to remain informed on ongoing developments and give them the time to provide relevant feedback and suggestions, and learn about opportunities for involvement in upcoming community engagement activities. The Consultant will also be able to utilize these meetings to collect data from stakeholders concerning existing conditions, barriers and solutions, public input, and feasibility and sustainability feedback.
Task Deliverables – Responsible Party: City of Banning & Consultant Member roster for the Committee
Compiled meeting agendas, minutes, and sign-in sheets
List of Action Items from each meeting
Comments from presentations
Task 5: Draft and Final Plan
Develop the 80% Complete Draft Plan
The Consultant will develop and finalize the draft Zero-Emission Vehicle Fleet and Infrastructure Transition Action Plan, utilizing all collected data, feedback, and recommendations. The following sample “Table of Contents” provides a general overview of possible contents for illustrative purposes, but the final contents are yet to be determined:
1. Introduction
1.1 Background and Purpose of Plan
1.2 Need for the Plan
1.3 Vision and Goals of Plan
2. Public Engagement Strategy
2.1 Summary of Stakeholders and Partners
2.2 Overview of Public Outreach Strategies
2.3 Results from Public Outreach Events
3. Existing Conditions
3.1 Methods Used for Data Collection
3.2 Report on Fleet Conditions
3.3 Report on Infrastructure Site Conditions
3.4 Report Current Energy Demand and Limitations
4. Needs Assessment
4.1 Methods Used for Data Collection
4.2 Review of Vehicles to be Transitioned to ZEV
4.3 Review of Sites to be Upgraded with Charging Infrastructure
4.4 Projected Costs of Transition and Construction
4.5 Cost and Finance Management Plan
5. Recommendations
5.1 Conceptual/Preliminary Plan
5.2 Next Steps
5.3 Identified Vendors for ZEV purchasing and infrastructure installation
6. Potential Funding Sources
6.1 Additional Funding
6.2 Statewide Programs
6.3 Other Resources
7. Phased Rollout Plan
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Draft Plan Presentation
The Consultant will present the draft Zero-Emission Vehicle Fleet and Infrastructure Transition Action Plan to the Committee for feedback. Stakeholders will then be able to make additional recommendations regarding the plan of action and feasibility outcomes, as well as have a chance to ensure that the represented interests of their organizations or groups have been fairly taken into account. All feedback will be compiled and incorporated into the Plan, where applicable. The draft will be reviewed by City staff, the Advisory Committee, and provided to Caltrans for review.
Final Plan Presentation
Once all feedback has been appropriately incorporated into the Plan, the Consultant will present the final draft to the Committee to provide stakeholders one last chance to review contents and provide feedback. The Final Report shall be in an ADA-accessible document.
Comments given will be incorporated into the final draft accordingly, if applicable, and the document will be sent to the City Council for review and approval.
Task Deliverables – Responsible Party: City of Banning & Consultant Draft Zero-Emission Vehicle Fleet and Infrastructure Transition Action Plan Compiled list of feedback from review sessions
Finalized Zero-Emission Vehicle Fleet and Infrastructure Transition Action Plan Submission of Plan to Caltrans per specifications
Task 6: Board Review/Approval
The Consultant will incorporate feedback received from City staff and the Advisory Committee and will develop the final Plan for review and input from City staff and the Advisory Committee before being sent to the City Council for review and approval. An overview of the Plan pieces, conclusions, and recommendations will be presented by the Consultant in coordination with the Project Manager, and any questions from the City Council will be answered. The finalized document will be sent to Caltrans. The approved Plan will also be made available on the project’s webpage for community access. The Project Manager will provide the final report to Caltrans according to the instructions in the grant agreement as to number and type of copies.
Following Plan approval, the City will hold a project kick-off meeting amongst stakeholders to discuss associated action items. In coordination with regulatory bodies and stakeholders, the City will begin implementing supportive policies and regulations to promote adoption of ZEVs. Leading by example, the City of Banning will establish a robust monitoring and evaluation framework to track the progress and impact of the Action Plan as it unfolds. The effort will involve collecting data on vehicle purchases, charging infrastructure utilization, emission reductions, and other relevant metrics to ensure that the Plan is effectively implemented and achieving its stated goals.
By implementing these next steps, the City will accelerate the transition to ZEVs and contribute to cleaner, more sustainable, and resilient transportation and utility services systems for the Banning community.
Task Deliverables
City Council Agenda, minutes, and sign-in sheet
Presentation Materials
Next Steps Report
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Attachment F
CALTRANS SUSTAINABLE
TRANSPORTATION
PLANNING GRANT
COST & SCHEDULE
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()
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Include a best estimate of the amount of time needed to complete each task Exclude tasks for project management and/or staff/consultant coordination; these activities should be spread among relevant tasks
Cost and Schedule Checklist
The Cost and Schedule is the official budget and timeline for the project. Tasks 1-6 outlined in the Cost and Schedule are for illustrative purposes only. The Cost and Schedule must be consistent with the Grant Application Cover Sheet. Applications with missing components will be at a competitive disadvantage.
Cost and Schedule Checklist
Use the Fiscal Year 2024-25 template provided (do not alter the template) Use only whole dollars in the financial information fields. No rounding up or down and no cents.
Start the timeframe at the beginning of the grant period (November 2024) Extend the timeframe to the end of the grant period (June 2027) Ensure these items are completed prior to submitting to Caltrans Include task numbers in proper sequencing, consistent with the Scope of Work Task 01 is a required task. It must be titled "Project Administration", it cannot exceed 5% of the grant amount requested, and only the grantee and recipient(s) can charge against this Task. This Task must only include the following activities and deliverables:
• Project kick-off meeting between the grantee and Caltrans at the start of the grant • Invoicing and quarterly reporting to Caltrans
• DBE Reporting (federal grants only)
Include Task 02 for procurement of consultants, if consultants are needed. This task is for the grantee and sub-recipient(s) only.
Complete all budget columns as appropriate: Total Cost, Grant Amount, Local Cash Match, and if applicable, Local In-Kind Match
State a realistic total cost for each task based on the work that will be completed Identify the estimated indirect cost rate if indirect costs will be reimbursed. If FY 2023-24 indirect cost rates are not available, the rate will be an estimate based on the currently approved rate.
List all tasks with the same title as stated in the Scope of Work Identify if a Tapered Local Match approach will be used, which allows grantees to vary the required local match ratio over the life of the grant contract. Grantee agrees to satisfy the total local match amount by the contract expiration date.
Ensure the correct minimum local match amount, calculated as a percentage of the total project cost (grant plus local match), is provided
Include a grant amount for each Task (excluding Tasks 01 and 02) Use the Local Match Calculator to ensure the total Local Match amount meets the minimum required Local Match for the specified Grant Category
Exclude sub-task numbers and sub-headings
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If yes, what is the estimated indirect cost rate? ______
J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J 01 $3,098 $402 $0 $3,500
02 $6,197 $803 $0 $7,000
1 $52,232 $6,768 $0 $59,000
2 $139,877 $18,123 $0 $158,000
3 $31,870 $4,130 $0 $36,000
4 $25,673 $3,327 $0 $29,000
5 $49,576 $6,424 $0 $56,000
6 $1,327 $173 $0 $1,500
$309,850 $40,150 $0 $350,000
Does your agency plan to use the Tapered Match approach for invoicing purposes? Draft and Final Plan
Board Review/Approval
Totals
Does your agency plan to request reimburesement for indirect costs? Advisory Committee Meetings
Project Administration
(no more than 5% of total grant funds)
Consultant Procurement
Existing Conditions
Analysis
Public Outreach
FY 2025/26 FY 2026/27 Task
# Grant Amount*
Estimated
Local Cash
Match*
Estimated
Local
In-Kind
Match*
Estimated Total
Project Cost* Task Title
FY 2024/25
FY 2024-25
Use the Local Match Calculator to ensure that grant and local match amounts are correct: Local Match Calculator (posted on-line) Reimbursements/
Invoicing
Disclaimers
Agency commits to the Cost and Schedule below. Any changes will need to be approved by Caltrans prior to initiating any Cost and Schedule change or amendment.
Use only whole dollars in the financial information fields. No rounding up or down and no cents.
Grant Fiscal Year
City of Banning
Project Title
Organization
(Legal name)
California Department of Transportation
Sustainable Transportation Planning Grant Program
COST AND SCHEDULE
Grant Category Sustainable Communities Competetive Technical Zero-Emission Vehicle Fleet and Infrastructure Transition Action Plan Yes No
Yes No
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CALTRANS SUSTAINABLE
TRANSPORTATION
PLANNING GRANT
THIRD PARTY VALUATION
NOT APPLICABLE
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Attachment G
CALTRANS SUSTAINABLE
TRANSPORTATION
PLANNING GRANT MAPS
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Exhibit 1 – City of Banning
Project Location
Project Location: The City of Banning is located in southern California, in northwestern Riverside County, approximately 84 miles east of Los Angeles. Banning borders the City of Beaumont to the east and the San Bernardino National Forest and Morongo Tribal Reservation land to the north, and has a total area of approximately 23.1 square miles.
BANNING
I-10
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City of Banning Assessment Area
Assessment Area:
The proposed Zero-Emissions Vehicle Fleet and Infrastructure Action Plan will take place within Banning’s city limits.
Exhibit 2 – City of Banning
Assessment Area Focus
LEGEND:
City Limits
Approx. Study Area
Bus Routes
Suggested Infrastructure
Sites
Repplier Park
City Corporate Yard
Water/Wastewater Yard
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Exhibit 3 – City of Banning
California EPA SB 535 Disadvantaged Communities
CalEPA’s SB 535 Disadvantaged Communities mapping tool indicates that multiple census tracts within the assessment area are disadvantaged based upon pollution burden data. Census Tracts 6065044200, 6065044101, and 6059021813 have CalEnviroScreen 4.0 (CES 4.0) Pollution Burden percentile scores in the 84th and 90th percentiles, respectively, which is above the top 25th percentile threshold for a disadvantaged community.
CT# 6065044101
CES 4.0 = 84th
Percentile
Pollution Burden
CT# 6065044200
CES 4.0 = 90th
Percentile
Pollution Burden
CT# 6059021813
CES 4.0 = 84th
Percentile
Pollution Burden
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Exhibit 4 – City of Banning
California Climate Investments Priority Populations - Low Income Communities The California Climate Investments Priority Populations 2023 Tool shows disadvantaged and low-income communities as defined for California Climate Investments. According to this tool, four census tracts within the assessment area are identified as low-income communities (see above), whose threshold is census tracts that are either at or below 80% of the statewide median household income.
CT# 6065044103
CT# 6065043812
CT# 6065044102
CT# 6065044300
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Exhibit 5 – City of Banning
California Healthy Places Index Map
The City of Banning ranks at 11.6% on the California Healthy Places Index, with individual census tracts ranking as low as the 2.5th percentile (CT# 6065044101). These scores come from a combination of Banning’s economic conditions, which ranks as low as 2.3% in CT# 6065044300, educational achievement (1.6% in CT# 6065044101), and transportation availability (3.8% in CT# 6065044101), and in some areas, limited health care access and housing, and less than optimal environmental cleanliness.
CT# 6065044103
HPI percentile: 24.1
CT# 6065043812
HPI percentile: 44.6
CT# 6065044102
HPI percentile: 11.5
CT# 6065044300
HPI percentile: 8.6
CT# 6065044200
HPI percentile 7.6
CT# 6065044101
HPI percentile: 2.5
CT# 6059021813
HPI percentile: 2.6
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Exhibit 6 – City of Banning
CalEnviroscreen 4.0 Ozone Concentration
The City of Banning is subjected to high concentrations of ozone, an environmentally harmful air pollutant, a known cause of lung and throat irritation, and exacerbator of chronic illness. Children, elderly, and those who work outside are especially sensitive to its negative effects. All census tracts within the city limits reside between the 97th-98th percentiles. As vehicles with combustion engines area a contributor to ozone levels, transition to ZEVs will help lower ozone pollutants.
CT# 6065044103
CT# 6065043812
CT# 6065044102
CT# 6065044300
CT# 6065044200
CT# 6065044101
CT# 6059021813
Bus Routes
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Exhibit 7 – City of Banning
CalEnvrioScreen 4.0 Diesel Particulate Matter Concentration Two of Banning’s census tracts located directly north of Interstate 10 – Census Tract 6065044102 and 6065044101 – have some of the highest concentrations of diesel particulate matter (Diesel PM) in the state. According to CES 4.0 data, these two census tracts are within the 86th and 87th percentiles. Created by exhaust from diesel-burning vehicles, long-term exposure to Diesel PM can have lasting health consequences, including damaging irritation to the lungs, eyes, and nose, and is a known cause of heart and lung disease, and lung cancer.
CT# 6065044103
CES 4.0 = 58th
Percentile Diesel
Particulate Matter
CT# 6065044102
CES 4.0 = 86th
Percentile Diesel
Particulate Matter
CT# 6065044101
CES 4.0 = 87th
Percentile Diesel
Particulate Matter
CT# 6065044300
CES 4.0 = 54th
Percentile Diesel
Particulate Matter
CT# 6065044200
CES 4.0 = 49th
Percentile Diesel
Particulate Matter
Bus Routes
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City of Banning
Assessment Area Pictures – Banning Utilities Fleet cont’d.
Banning’s combined utilities and city services medium to heavy-duty equipment consists of 65 vehicles. The oldest vehicle in the fleet is a 1990 Ford with many others as old as the 1990s and early 2000s. Many fleet vehicles are showing signs of wear and tear and will need to be replaced within the next few years. Per new regulations, at least 50% of these new purchases must be ZEVs.
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City of Banning
Assessment Area Pictures – Banning Connect Transit Fleet The Banning Connect transit fleet consists of fifteen vehicles, servicing both their fixed-routes and other on demand services including Dial-A-Ride and relief services. In the Zero Emissions Bus Rollout plan, Banning estimated that their combined transit services would serve approximately 65,898 passengers in the 2022/2023 fiscal year.
The City’s fixed-route system utilizes five ElDorado EZRM-32 model buses and one ElDorado-Ford F550 Super Duty, with two having exceeded the average expected useful life of 250,000 miles and a third close to this average.
The proposed Action Plan will take into consideration the expected remaining years of use for each vehicle, along with fuel and maintenance costs, to determine the best route forward for the City in gradual electrification.
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City of Banning
Assessment Area Pictures – Possible Locations for Infrastructure Development Full fleet transition will not be possible without the development of ZEV charging infrastructure in optimal locations around the City. Banning’s proposed Action Plan will include a survey and assessment of at least three key sites, possibly to include the parking lots of Repplier Park, near the center of the City, the City Corporate Yard in Banning’s east, and the Water and Wastewater Yard in the City’s southeast.
Repplier Park (upper left), located next to the Parks and Recreation Department complex, would provide charging
access to the fleet from a strategic center point, easily in reach of many of Banning’s schools, disadvantaged
communities, and department hubs. The City Yard (upper
right) offers an ideal location, keeping charging infrastructure close to vehicle storing and maintenance locations, as well as the City’s existing Compressed Natural Gas (CNG) unit.
Infrastructure development at the Water and Wastewater
Yard (lower right) would additionally provide centralized charging access to Banning’s 20 Water and Wastewater
Department vehicles.
Repplier Park Parking Lot
City Corporate Yard Shop
Water and Wastewater Yard Parking Lot
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City of Banning
Assessment Area Pictures – Possible Locations for Infrastructure Development cont’d.
Potential location for
covered fleet parking
and solar panel farm
Potential location for
covered fleet parking
and solar panel farm
Existing CNG Equipment
The City is prepared for development of the Action Plan, with carefully considered options and data to present to the hired Consultant regarding assessment locations and existing conditions. The map pictured above details equipment and usable spaces of interest in the City Corporate Yard, including existing CNG equipment and available space for vehicle parking and reusable energy generation/storage.
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Attachment H
CALTRANS SUSTAINABLE
TRANSPORTATION
PLANNING GRANT
LETTERS OF SUPPORT
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ANAHEIM • AZUSA • BANNING • BURBANK • CERRITOS • COLTON • GLENDALE • IID • LOS ANGELES • PASADENA • RIVERSIDE • VERNON Southern California Public Power Authority
1160 Nicole Court
Glendora, CA 91740
(626) 793-9364
The Members of Southern California Public Power Authority work together to power reliable and sustainable communities.
January 8, 2024
Mr. Doug Schulze
City Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
SUBJECT: Letter of Support for City of Banning’s Sustainable Transportation Planning Grant Program Application
Dear Mr. Schulze:
The Southern California Public Power Authority (SCPPA) is pleased to offer its support for the City of Banning’s grant application to the Sustainable Transportation Planning Grant program. If funded, this project will support the development of a comprehensive Fleet Electrification and EV Charging Infrastructure Strategy, a critical planning step in the City’s efforts to implement zero-emission vehicles for its public utilities.
As a major supplier of power in California serving over five million people, including the City of Banning, SCPPA is aware that widescale EV charging will dramatically alter cities’ use of the power grid, resulting in added strain. Successful implementation of EVs in public utilities will require careful consideration of the ideal locations for new infrastructure and best practices for establishing charging patterns which will not burden the community’s energy needs. Thoughtful and comprehensive planning in partnership with stakeholders will be an important part of developing a successful charging infrastructure strategy.
Additionally, the study will evaluate the City’s capability of supporting fleet electrification, identify key locations for charging and storage infrastructure, and consequently improve Banning’s air quality by reducing greenhouse gas emissions DocuSign Envelope ID: 6B3059CB-C73E-43C7-B07A-479A4A322C30 FINAL Page 54
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ANAHEIM • AZUSA • BANNING • BURBANK • CERRITOS • COLTON • GLENDALE • IID • LOS ANGELES • PASADENA • RIVERSIDE • VERNON Southern California Public Power Authority
1160 Nicole Court
Glendora, CA 91740
(626) 793-9364
The Members of Southern California Public Power Authority work together to power reliable and sustainable communities. generated by City utilities, while maintaining safe and efficient service functionality to residents.
On behalf of SCPPA, I am pleased to offer our support for this important project and wish you success in your effort to secure funding.
Sincerely,
Michael Webster
Executive Director
DocuSign Envelope ID: 6B3059CB-C73E-43C7-B07A-479A4A322C30 FINAL Page 55
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3390 University Avenue, Suite 200 • Riverside, CA 92501 • (951) 405-6700 • www.wrcog.us January 8, 2024
Mr. Doug Schulze
City Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
Subject: Support for City’s Caltrans Sustainable Transportation Planning Grant Program Application
Dear Mr. Schulze:
The Western Riverside Council of Governments (COG) is pleased to support the City of Banning’s pursuit of grant funding to develop a comprehensive Fleet Electrification and EV Charging Infrastructure Strategy application to the Caltrans Sustainable Transportation Planning Grant program. Funding for the proposed project will benefit not only the City of Banning, but the region as a whole, leading by example and paving the way towards meeting California’s goal that one-hundred percent of medium and heavy-duty vehicles be zero emissions by 2045.
A professionally-developed and community-backed Electrification and Infrastructure Strategy will help Banning meet this goal by outlining the planning phase and infrastructure needed to transition the City’s fleet to one-hundred percent EV. We understand that the City’s proposed strategy will include active community engagement, both providing education to residents concerning the benefits of zero-emission vehicles and gathering feedback about the needs and planning interests of disadvantaged communities. The project’s end result will be a plan which will ultimately reduce greenhouse gas emissions and improve the City’s air quality while continuing to provide residents with critical utilities and services.
The Western Riverside COG is a key stakeholder in all transportation and economic improvements within the county, dedicated to supporting proactive efforts on the part of city leaders towards a sustainable future. We will be pleased to participate in the planning process when it is launched and ask that you keep WRCOG informed in regards to the City’s grant application and outcome.
WRCOG fully supports the City’s efforts to develop this Strategy. Should you have any questions regarding this letter of support, please do not hesitate to contact me at (951) 405-6701 or at [email protected]. Thank you for your consideration.
Sincerely,
Kurt Wilson
Executive Director
Western Riverside Council of Governments
DocuSign Envelope ID: A73E83EC-AA97-4EBF-A469-54AD50A6D2F4 FINAL Page 56
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January 11, 2024
Mr. Doug Schulze
City Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
RE: SCAG Support for the City of Banning’s Caltrans Sustainable Transportation Planning Grant Program Application – Fleet Electrification and EV Charging Infrastructure Strategy Dear Mr. Schulze:
On behalf of the Southern California Association of Governments (SCAG), I am pleased to submit this letter of support for the City of Banning’s application to the Caltrans Sustainable Transportation Planning Grant’s Sustainable Communities Program for their Fleet Electrification and EV Charging Infrastructure Strategy (“Strategy”).
If funded, the City of Banning’s Strategy will evaluate the City’s infrastructure needs in preparation for fleet electrification as part of the state‐mandated plan to reduce greenhouse gas emissions. The Strategy will assess and evaluate EV infrastructure needs, locations, potential obstacles, and their potential solutions. To do this, the City of Banning will facilitate a community engagement process to gather valuable input from disadvantaged residents. With this feedback, the City will produce a comprehensive strategy to modernize and electrify the City’s Fleet, improve air quality and decrease pollution, and continue to provide timely and necessary services to residents.
The City of Banning’s Project prioritizes initiatives that will build resilient communities adaptable to climate change. Solutions like the Strategy will empower citizens today and the generations to come, which complements the vision of our Connect SoCal, 2020‐2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) goals.
Specifically, we appreciate the City of Banning’s commitment to fostering “innovative regional solutions that improve the lives of Southern Californians through inclusive collaboration, visionary planning, regional advocacy, information sharing, and promoting best practices.” FINAL Page 57
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As a project consistent with the policies and goals set forth in Connect SoCal, we support and respectfully request full and fair consideration of their grant application. If you have any questions, please do not hesitate to contact Mr. Philip Law, Manager of Mobility Planning & Goods Movement, at (213) 236‐1841 or via email at [email protected].
Sincerely,
Kome Ajise
Executive Director
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January 12, 2024
Mr. Doug Schulze
City Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
RE: City of Banning - EV Charging Infrastructure Strategy Dear Mr. Schulze:
I write in support of the City of Banning's application for funding from the California Department of Transportation Sustainable Transportation Planning Program to develop a Fleet Electrification and EV Charging Infrastructure Strategy. This funding will assist the City's efforts to meet California's mandate to electrify medium and heavy-duty public utility vehicles by 2045, reduce GHG emissions, and improve the quality of life for its residents.
Socio-economic challenges and severe health risks, including high asthma and cardiovascular disease rates, impact disadvantaged residents in the City of Banning. Fleet electrification will result in the reduction of air pollution/greenhouse gas emissions. The proposed planning project is necessary to assess current challenges, evaluate future needs, and implement fleet electrification that will directly benefit these vulnerable groups.
I fully support the efforts of the City of Banning in seeking funding for this critical infrastructure project. If you have any questions, please do not hesitate to contact my District Office at (909) 335-0271.
Sincerely,
ROSILICIE OCHOA BOGH
Senator, 23rd District
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FINAL
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CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela, Director of Public Works
MEETING DATE: October 8, 2024
SUBJECT: Consideration of Resolution 2024-161, Authorizing the City Manager to Execute a Grant Agreement with the Riverside County Transportation Commission for $5,000,000 in Contribution to the Hargrave Grade Separation Project
RECOMMENDATION:
Adopt Resolution 2024-161.
BACKGROUND:
The City of Banning has identified in the Capital Improvement Program that a grade separation is necessary at Hargrave Avenue and the Union Pacific Railroad. This railroad crossing is often subject to significant delay when the railroad is occupied with passing or stalled trains. The construction of a grade separation will reduce delay for residents and allow for greater economic development on the east end of the City.
To move the project forward, the City applied for and was awarded a $2,800,000 grant from the Federal Railroad Administration Railroad Crossing Elimination grant program, funded by the Infrastructure Improvement and Jobs Act of 2017. The City has entered into a grant agreement with the FRA to administer this funding for the planning and design of the grade separation.
Subsequent to this funding award, the Riverside County Transportation Commission has offered to the City an addition $5,000,000 in grant funding through the SB125 Transit and Intercity Rail Capital Program for the grade separation planning and design work phase. The grant agreement is included as an attachment to this staff report. With this additional contribution, the grant funding available for the planning and design work totals $7,800,000.
The Public Works Department estimates that the planning and design work will take 3 to 4 years to complete, and include coordination and approvals from various entities including the Union Pacific Railroad, Federal Railroad Administration, Federal Highways Administration, Caltrans, California Public Utilities Commission, private utility holders, among others. The estimate budget for the project is $8,300,000, with the difference being made up from local Development Impact Fee funds.
The City has released an RFP for the planning and design work through the City online bid portal, and expects to bring back to council future actions in the award to a consultant for the planning and design in December, 2024 or January, 2025.
JUSTIFICATION:
388
The City Council has approved a Capital Improvement Program that includes the Hargrave Grade Separation project. This additional funding allows for the project to continue through the planning and design phase without anticipated funding gaps that existed prior to the award of this grant.
FISCAL IMPACT:
In additional to the previous $2,800,000 grant from the Federal Railroad Administration, the environmental review and design phase of the project will have a total of $7,800,000 of grant funding available. This funding will allow the environmental review and design phase to move forward with less City Impact Fees required.
ALTERNATIVES:
Do not authorize the grant agreement and direct staff on alternative direction BUDGETED?:
No
CONTRACT/AGREEMENT:
Yes
ATTACHMENTS:
1. Resolution 2024-161, SB125 Hargrave Grade Separation.docx
2. Exhibit A - RCTC-Banning SB125 Agreement.pdf
389
Resolution 2024-161
RESOLUTION 2024-161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR THE FUNDING OF SB 125 TRANSIT AND INTERCITY RAIL CAPITAL PROGRAM FUNDING FOR GRADE SEPARATION PLANNING AND DESIGN WORK FOR $5,000,000 FOR THE PLANNING AND
DESIGN OF THE HARGRAVE GRADE SEPARATION PROJECT
WHEREAS, the Hargrave Grade Separation Project exists on the City’s Capital Improvement Program; and
WHEREAS, the Hargrave Grade Separation Project exists within the Western Regional Council of Governments (WRCOG) Transportation Uniform Mitigation Fee (TUMF) network map for the Pass Zone; and
WHEREAS, the Riverside County Transportation Commission (RCTC) selected the project as an eligible project under the SB 125 Transit and Intercity Rail Capital Program to receive direct contribution from RCTC in the amount of $5,000,000; and WHEREAS, the grant from RCTC is in addition to the previously awarded grant from the Federal Railroad Administration through the Rail Crossing Elimination grant program in the amount of $2,800,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves the Agreement for the funding of SB 125 Transit and Intercity Rail Capital Program with the Riverside County Transportation Commission for the Hargrave Grade Separation Planning and Design Project in an amount of $5,000,000.
SECTION 2. The City Council authorizes the City Manager or their designee to execute the grant agreement with the Riverside County Transportation Commission 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.
PASSED, APPROVED AND ADOPTED this 8th day of October 2024.
Alberto Sanchez, Mayor
City of Banning
390
Resolution 2024-161
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
Serita R. Young, City Attorney
Richards, Watson & Gershon
391
Resolution 2024-161
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-161, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 8th day of October 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
392
Resolution 2024-161
EXHIBIT A
Agreement For the Funding Of Sb 125
Transit And Intercity Rail Capital Program Funding For Grade Separation Planning and Design Work With The City Of Banning 393
1 Agreement No. XX-XX-XXX-00
AGREEMENT FOR THE FUNDING OF SB 125
TRANSIT AND INTERCITY RAIL CAPITAL PROGRAM FUNDING FOR GRADE
SEPARATION PLANNING AND DESIGN WORK WITH THE CITY OF BANNING
1. Parties and Date.
1.1 This Agreement is made and entered into this day of , 2024, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“RCTC”) and CITY OF BANNING (“City”). RCTC and City are sometimes collectively referred to herein as the “Parties”.
2. Recitals.
2.1 RCTC is a county transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053.5.
2.2 Transit and Intercity Rail Capital Program (TIRCP) was created by the state as a competitive program in 2014 to provide grants from the Greenhouse Gas Reduction Fund (GGRF) via cap-and-trade proceeds to fund transformative capital improvements that will modernize California’s intercity, commuter, and urban rail systems, and bus systems, to significantly reduce emissions of greenhouse gases, vehicle miles traveled, and congestion. In July 2023 AB 102 and SB 125 amended the Budget Act of 2023 to appropriate about $4 billion of state general funds to the TIRCP over the next two years.
2.3 SB 125 Formula-Based TIRCP establishesfunding for transit operations and capital improvements, and grade separations and rail crossing improvements to be funded by the TIRCP.
2.4 RCTC intends, by this Agreement, to distribute TIRCP funding (“TIRCP Funds”), subject to the conditions provided herein, and to participate in the joint development of the Project, as defined herein.
2.5 The Parties acknowledge that certain state requirements apply to the TIRCP Funds, and City shall be obligated to comply with all TIRCP funding requirements as set forth in Exhibit “D” (“TIRCP Funding Requirements”).
3. Terms.
3.1 Description of Work. This Agreement is intended to distribute TIRCP Funds to the City for the PA&ED – Project Approvals & Environmental Document and PS&E – Plans, Specifications and Estimates phases of the Hargrave Avenue/UPRR Grade Separation Project (“the Work”). The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit “A” attached hereto and, pursuant to Section 3.15 below, is subject to modification as requested by the City and approved by RCTC. It is understood and agreed that the City shall expend 394
2 TIRCP Funds only as set forth in this Agreement and only for the Work. To this end, any use of funds provided pursuant to this Agreement shall be subject to the review and approval of RCTC.
3.2 RCTC Funding Amount. RCTC hereby agrees to distribute to the City, on the terms and conditions set forth herein, a sum not to exceed Five Million Dollars ($5,000,000), to be used exclusively for reimbursing the City for eligible Work expenses as described herein (“Funding Amount”). The City acknowledges and agrees that the Funding Amount may be less than the actual cost of the Work, and that RCTC shall not contribute TIRCP Funds in excess of the maximum authorized in this section.
3.2.1 Eligible Work Costs. The total Work costs (“Total Work Cost”) may include the following items, provided that such items are included in the scope of work attached as Exhibit “A”: (1) City and/or consultant costs associated with direct Work coordination and support; (2) funds expended for preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Work; and (4) costs incurred in the preparation of plans, specification, and estimates by City or consultants.
3.2.2 Ineligible Work Costs. The Total Work Cost shall not include the following items which shall be borne solely by the City without reimbursement: (1) City administrative costs; (2) City costs attributed to the preparation of invoices, billings and payments; (3) any City fees attributed to the processing of the Work; (4) expenses for items of work not included within the scope of work in Exhibit “A”; (5) any costs that are not in compliance with the TIRCP Funding Requirements.
3.3 City’s Funding Obligation to Complete the Work. In the event that the TIRCP Funds allocated to the Work represent less than the total cost of the Work, the City shall provide such additional funds as may be required to complete the Work as described in Exhibit “A”.
3.3.1 City’s Obligation to Repay TIRCP Funds to RCTC. In the event that: (i) the City, for any reason, determines not to proceed with or complete the Work; or (ii) the Work is not timely completed, subject to any extension of time granted by RCTC pursuant to Section 3.15; the City agrees that any TIRCP Funds that were distributed to the City for the Work shall be repaid in full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism. Notwithstanding the foregoing, if funding under this Agreement is provided for project approval and environmental documentation (PA&ED) and the City determines to not complete the Work based on findings made in the PA&ED, the City shall not be required to repay that portion of the TIRCP Funds that were distributed to the City for the PA&ED Work.
3.3.2 City’s Local Match Contribution. There is no local match requirement for this award.
3.4 Work Responsibilities of the City. The City shall be responsible for the following aspects of the Work, in compliance with state and federal law provided that such items are included in the Project scope of work attached as Exhibit “A”: PA&ED, and project specifications and engineer’s estimate (PS&E).
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3 3.5 Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until: (i) the date RCTC formally accepts the Work as complete, pursuant to Section 3.1; (ii) termination of this Agreement pursuant to Section 3.9; or (iii) the City has fully satisfied its obligations under this Agreement, “including full repayment of TIRCP Funds to RCTC as provided herein”. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.
3.6 Representatives of the Parties. RCTC’s Executive Director, or his or her designee, shall serve as RCTC’s representative and shall have the authority to act on behalf of RCTC for all purposes under this Agreement. The City hereby designates Art Vela, Director of Public Works, or his or her designee, as the City’s representative to RCTC. The City’s representative shall have the authority to act on behalf of the City for all purposes under this Agreement and shall coordinate all activities of the Work under the City’s responsibility. The City shall work closely and cooperate fully with RCTC’s representative and any other agencies which may have jurisdiction over or an interest in the Work.
3.7 Expenditure of Funds by City Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the City from expending funds on the Work prior to the execution of the Agreement, or from being reimbursed by RCTC for such expenditures.
However, the City understands and acknowledges that any expenditure of funds on the Work prior to the execution of the Agreement is made at the City’s sole risk, and that some expenditures by the City may not be eligible for reimbursement under this Agreement.
3.8 Review of Services. The City shall allow RCTC’s Representative to inspect or review the progress of the Work at any reasonable time in order to determine whether the terms of this Agreement are being met.
3.9 Termination. This Agreement may be terminated for cause or convenience as further specified below.
3.9.1 Termination for Convenience.
3.9.1.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, for convenience by giving thirty (30) days' written notice to the other party of such termination and specifying the effective date thereof.
3.9.1.2 Effect of Termination for Convenience. In the event that the City terminates this Agreement for convenience, the City shall, within 180 days, repay to RCTC in full all TIRCP Funds provided to the City under this Agreement. In the event that RCTC terminates this Agreement for convenience, RCTC shall, within 90 days, distribute to the City TIRCP Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices and requesting additional information. This Agreement shall terminate upon receipt by the non-terminating party of the amounts due it under this Section 3.9.1.2. 396
4 3.9.2 Termination for Cause.
3.9.2.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30-day period to cure any alleged breach.
During the 30-day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured.
3.9.2.2 Effect of Termination for Cause. In the event that the City terminates this Agreement in response to RCTC's uncured material breach hereof, RCTC shall, within 90 days, distribute to the City TIRCP Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination.
In the event that RCTC terminates this Agreement in response to the City's uncured material breach hereof, the City shall, within 180 days, repay to RCTC in full all TIRCP Funds provided to the City under this Agreement. Notwithstanding termination of this Agreement by RCTC pursuant to this Section 3.9.2.2, RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices and requesting additional information. This Agreement shall terminate upon receipt by the terminating party of the amounts due it under this Section 3.9.2.2.
3.9.3 Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement.
3.10 Prevailing Wages. The City and any other person or entity hired to perform services on the Work are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The City shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Work. The City shall defend, indemnify, and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq.
3.11 Progress Reports. RCTC may request the City to provide RCTC with progress reports concerning the status of the Work.
3.12 Indemnification.
3.12.1 City Responsibilities. In addition to the indemnification required under Section 3.10, the City agrees to indemnify and hold harmless RCTC, the State of California, their officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to any act of the City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence of RCTC. The City will reimburse RCTC for any expenditures, including 397
5 reasonable attorneys’ fees, incurred by RCTC, in defending against claims ultimately determined to be due to any act of the City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence of RCTC.
3.12.2 Effect of Acceptance. The City shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Work.
RCTC’s review, acceptance or funding of any services performed by the City or any other person or entity under this agreement shall not be construed to operate as a waiver of any rights RCTC may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the City shall be and remain liable to RCTC, in accordance with applicable law, for all damages to RCTC caused by the City’s performance of this Agreement or supervision of any services provided to complete the Work.
3.13 Insurance. The City shall require, at a minimum, all persons or entities hired to perform the Work to obtain, and require their subcontractorsto obtain, insurance of the types and in the amounts described below and satisfactory to the City and RCTC. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Work, whichever occurs last.
3.13.1 Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $2,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Work or be no less than two times the occurrence limit. Such insurance shall:
3.13.1.1 Name RCTC and City, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Work and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;
3.13.1.2 Be primary with respect to any insurance or self insurance programs covering RCTC and City, and/or their respective officials, officers, employees, agents, and consultants; and
3.13.1.3 Contain standard separation of insured provisions.
3.13.2 Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
3.13.3 Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals.
3.13.4 Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident.
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6 3.14 Procedures for Distribution of TIRCP Funds to City.
3.14.1 Initial Payment by the City. The City shall be responsible for initial payment of all the Work costs as they are incurred. Following payment of such Work costs, the City shall submit invoices to RCTC requesting reimbursement of eligible Work costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the City, and documents evidencing the City’s payment of the invoices or demands for payment. The City shall submit invoices not more often than monthly and not less often than quarterly.
3.14.2 Review and Reimbursement by RCTC. Upon receipt of an invoice from the City, RCTC may request additional documentation or explanation of the Work costs for which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the City within thirty (30) days. In the event that RCTC disputes the eligibility of the City for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the City may appeal RCTC’s decision as to the eligibility of one or more invoices to RCTC’s Executive Director. The City may appeal the decision of the Executive Director to the full RCTC Board, the decision of which shall be final. Additional details concerning the procedure for the City’s submittal of invoices to RCTC and RCTC’s consideration and payment of submitted invoices are set forth in Exhibit “C”, attached hereto.
3.14.3 Funding Amount/Adjustment. If a post Work audit or review indicates that RCTC has provided reimbursement to the City in an amount in excess of the maximum TIRCP Funds provided for in section 3.2 of this Agreement, or has provided reimbursement of ineligible Work costs including, but not limited to, any costs not in compliance with TIRCP Funding Requirements, the City shall reimburse RCTC for the excess or ineligible payments within 30 days of notification by RCTC.
3.15 Work Amendments. Changes to the characteristics of the Work, including the deadline for Work completion, and any responsibilities of the City or RCTC may be requested in writing by the City and are subject to the approval of RCTC’s Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Work shall be approved in the sole discretion of RCTC’s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Work without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”) and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), but the necessity of compliance with CEQA and NEPA shall not justify, excuse, or permit a delay in completion of the Work.
3.16 Conflict of Interest. For the term of this Agreement, no member, officer or employee of the City or RCTC, during the term of his or her service with the City or RCTC, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.17 Limited Scope of Duties. RCTC’s and the City’s duties and obligations under this Agreement are limited to those described herein. RCTC has no obligation with respect to the safety 399
7 of any Work performed at a job site. In addition, RCTC shall not be liable for any action of City or its contractorsrelating to the condemnation of property undertaken by City or construction related to the Work.
3.18 Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Work under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees and the State Auditor any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees and the State Auditor such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit.
3.19 Equal Opportunity Employment. The Parties represent that they are equal opportunity employers, and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.20 Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in Riverside County.
3.21 Attorneys’ Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and costs of suit.
3.22 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.23 Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.
3.24 Notification. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CITY OF BANNING RCTC
99 E. Ramsey St Riverside County Transportation Commission Banning, CA 92220 4080 Lemon Street, 3rd Floor
ATTN: City Manager Mailing address: P.O. Box 12008
Riverside, CA 92501
ATTN: Executive Director
400
8 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.
3.25 Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the performance of the Services.
Notwithstanding the foregoing, in the case of any conflict between the Funding Requirements set forth in Exhibit “D” and the terms of this Agreement, the Funding Requirements shall govern.
3.26 Contract Amendment. In the event that the Parties determine that the provisions of this Agreement should be altered, the Parties may execute a contract amendment to add any provision to this Agreement or delete or amend any provision of this Agreement. All such contract amendments must be in the form of a written instrument signed by the original signatories to this Agreement, or their successors or designees.
3.27 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes any previous agreements or understandings.
3.28 No Waiver. Failure of RCTC to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times.
3.29 Validity of Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
3.30 Independent Contractors. Any person or entities retained by the City or any contractorshall be retained on an independent contractor basis and shall not be employees of RCTC.
Any personnel performing services on the Work shall at all times be under the exclusive direction and control of the City or contractor, whichever is applicable. The City or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Work and as required by law. The City or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to,social security taxes, income tax withholding, unemployment insurance and workers’ compensation insurance.
3.31 Incorporation of Recitals and Exhibits. The recitals set forth above are true and correct and are incorporated into this Agreement by reference as if fully set forth herein. Exhibits “A” through “D” attached to this Agreement are incorporated herein by reference. 401
9 3.32 Survival. All rights and obligations hereunder that by their nature are to be performed after any expiration or termination of this Agreement shall survive any such expiration or termination.
3.33 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.34 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.35 Electronically Transmitted Signatures. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.
[SIGNATURES ON FOLLOWING PAGE.]
402
10 SIGNATURE PAGE
TO
AGREEMENT FOR THE FUNDING OF SB 125
TRANSIT AND INTERCITY RAIL CAPITAL PROGRAM FUNDING FOR GRADE
SEPARATION PLANNING AND DESIGN WORK
RIVERSIDE COUNTY CITY OF BANNING
TRANSPORTATION COMMISSION
By: By: ________________________
Aaron Hake, Executive Director Doug Schulze, City Manager ATTEST:
By: ________________________
Marie Calderon, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: _________________________________ By: _________________________ Best, Best & Krieger Serita Young, City
Counsel to the Riverside County Attorney
Transportation Commission
403
17336.00030\42137870.1
Exhibit A
EXHIBIT “A”
SCOPE OF WORK,
FUNDING AND TIMETABLE
SCOPE OF WORK: Preliminary Engineering, Environmental Documentation, and Plans, Specifications, and Estimates to construct a grade separation of Hargrave Ave and the Union Pacific Rail Road in the City of Banning. Project is located on Hargrave Ave from Lincoln Street to Ramsey Street, and includes lowering of Ramsey Street under the existing railroad, construction of a railroad overcrossing, freeway ramp modifications for both eastbound and westbound ramps, and roadway widening of Hargrave Street from Lincoln Street to the eastbound freeway ramps from 2-lanes to 4-lanes.
FUNDING:
PHASE TIRCP Fund FEDERAL
(RCE GRANT)
LOCAL TOTAL
Preliminary
Engineering (PAED
& PSE)
$5,000,000 $2,800,000 $500,000 $8,300,000
TOTAL $5,000,000 $2,800,000 $500,000 $8,300,000
TIMETABLE: Provide at a minimum the beginning and ending dates for each phase of work including major milestones within a phase.
PHASE START DATE END DATE COMMENTS
PAED 10/2024 7/2029 300 Working Days
NEPA Completion 6/2026 6/2029 300 Working Days
PSE 8/2027 8/2029 250 Working Days
404
17336.00030\42137870.1
Exhibit B
EXHIBIT “B”
PROJECT LOCATION MAP
405
17336.00030\42137870.1
Exhibit C
EXHIBIT “C”
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND
PAYMENT OF INVOICES
1. RCTC recommends that the City incorporate Exhibit “C-1” into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the City and ultimately to RCTC for reimbursement of City contractor costs.
2. Each month the City shall submit an invoice for eligible Work costs incurred during the preceding month. The original invoice shall be submitted to RCTC’s Executive Director with a copy to RCTC’s Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “C-2”.
3. Each invoice shall include documentation from each contractor used by the City for the Work, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or consultant for the month and for the entire Work to date. A sample progress report is attached as Exhibits “C-4”. All documentation from the City’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “C-3”.
4. If the City is seeking reimbursement for direct expenses incurred by City staff for eligible Work costs, the City shall detail the same level of information for its labor and any expenses in the same level of detail as required of contractors pursuant to Exhibit “C” and its attachments.
5. Charges for each task and milestone listed in Exhibit “A” shall be listed separately in the invoice.
6. Each invoice shall include a certification signed by the City Representative or his or her designee which reads as follows:
“I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the consultants or contractors listed.
Signed ________________________________
Title __________________________________
Date __________________________________
Invoice No. ____________________________
406
17336.00030\42137870.1
Exhibit C
7. RCTC will pay the City within 30 days after receipt by the Commission of an invoice. If RCTC disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid.
8. The final payment under this Agreement will be made only after: (i) the City has obtained a Release and Certificate of Final Payment from each contractor or consultant used on the Work; (ii) the City has executed a Release and Certificate of Final Payment; and (iii) the City has provided copies of each such Release to RCTC.
407
17336.00030\42137870.1
Exhibit “C-1”
EXHIBIT “C-1”
ELEMENTS OF COMPENSATION
For the satisfactory performance and completion of the Work under this Agreement, City will pay the Consultant compensation as set forth herein. The total compensation for this service shall not exceed (_____INSERT WRITTEN DOLLAR AMOUNT___) ($___INSERT NUMERICAL DOLLAR AMOUNT___) without written approval of City’s City Engineer (“Total Compensation”).
1. ELEMENTS OF COMPENSATION.
Compensation for the Work will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.
1.1 DIRECT LABOR COSTS.
Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:
1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wages actually paid to the Consultant's personnel directly engaged in performance of the Work under the Agreement. (The range of hourly rates paid to the Consultant's personnel appears in Section 2 below.)
1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is _________________, and is the sum of the following components:
1.1.2.1 Direct Salary Costs ____________________
1.1.2.2 Payroll Additives ____________________
The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.
408
17336.00030\42137870.1
Exhibit “C-1”
1.1.2.3 Overhead Costs ____________________
The Decimal ratio of Allowable Overhead Costs to the Consultant Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2.
Total Multiplier ____________________
(sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)
1.2 FIXED FEE.
1.2.1 A Fixed Fee of _______________ shall be paid to Consultant for Consultant’s complete and satisfactory performance of this Agreement and all Services required.
The Fixed Fee shall be paid in monthly installments based upon the percentage of the Services completed at the end of each billing period, as determined in the sole discretion of the City. Consultant shall not be entitled to and shall forfeit any portion of the Fixed Fee not earned as provided herein.
1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice.
1.3 ADDITIONAL DIRECT COSTS.
Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.
Rates for identified Additional Direct Costs are as follows:
ITEM REIMBURSEMENT RATE
[___insert charges___]
Per Diem $ /day
Car mileage $ /mile
Travel $ /trip
Computer Charges $ /hour
Photocopies $ /copy
Blueline $ /sheet
LD Telephone $ /call
Fax $ /sheet
Photographs $ /sheet
409
17336.00030\42137870.1
Exhibit “C-1”
Travel by air and travel in excess of 100 miles from the Consultant's office nearest to City’s office must have City’s prior written approval to be reimbursed under this Agreement.
2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:
2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above.
2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Consultant's adjustments to individual compensation. The Consultant shall notify City in writing prior to a change in the range of rates included herein, and prior to each subsequent change.
POSITION OR CLASSIFICATION RANGE OF HOURLY RATES
[___sample___]
Principal $ .00 - $ .00/hour
Project Manager $ .00 - $ .00/hour
Sr. Engineer/Planner $ .00 - $ .00/hour
Project Engineer/Planner $ .00 - $ .00/hour
Assoc. Engineer/Planner $ .00 - $ .00/hour
Technician $ .00 - $ .00/hour
Drafter/CADD Operator $ .00 - $ .00/hour
Word Processor $ .00 - $ .00/hour
2.3 The above rates are for the Consultant only. All rates for subconsultants to the Consultant will be in accordance with the Consultant's cost proposal.
3. INVOICING.
3.1 Each month the Consultant shall submit an invoice for Work performed during the preceding month. The original invoice shall be submitted to City’s City Engineer with two (2) copies to City’s Project Coordinator.
3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by City’s Representative.
410
17336.00030\42137870.1
Exhibit “C-1”
3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Work, shall be listed separately. The charges for each individual assigned by the Consultant under this Agreement shall be listed separately on an attachment to the invoice.
3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to City such as invoices, telephone logs, etc.
3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date.
3.6 Each invoice shall indicate payments to DBE subconsultants or supplies by dollar amount and as a percentage of the total invoice.
3.7 Each invoice shall include a certification signed by the Consultant's Representative or an officer of the firm which reads as follows:
I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed.
Signed _____________________________
Title _____________________________
Date _____________________________
Invoice No. _____________________________
4. PAYMENT
4.1 City shall pay the Consultant within four to six weeks after receipt by City of an original invoice. Should City contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid.
The final payment for Work under this Agreement will be made only after the Consultant has executed a Release and Certificate of Final Payment.
411
17336.00030\42137870.1
Exhibit “C-2”
EXHIBIT “C-2”
SAMPLE COVER LETTER TO RCTC
Date
Mr. Aaron Hake
Executive Director
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
ATTN: Accounts Payable
Re: Project Title - Invoice #__
Enclosed for your review and payment approval is the City of _____________’s invoice for professional and technical services that was rendered by our contractors in connection with the _______________ Agreement No. ________ effective (Month/Day/Year). The required support documentation received from each contractor is included as backup to the invoice.
Invoice period covered is from Month/Date/Year to Month/Date/Year.
Total Authorized Agreement Amount: $0,000,000.00
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
===========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.
By: _____________________________
Name
Title
cc:
412
17336.00030\42137870.1
Exhibit “C-3”
EXHIBIT “C-3”
SAMPLE LETTER FROM CONTRACTOR TO CITY/COUNTY
Month/Date/Year
______________
______________
______________
Attn: Accounts Payable Invoice #____________
For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX-XX-XXX effective Month/Date/Year.
Invoice period covered is from Month/Date/Year to Month/Date/Year.
Total Base Contract Amount: $000,000.00
Authorized Extra Work (if Applicable) $000,000.00
------------------
TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00
Total Invoice to Date: $000,000.00
Total Previously Billed: $000,000.00
Balance Remaining: $000,000.00
Amount Due this Invoice: $000,000.00
==========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By: ____________________
Name
Title
413
17336.00030\42137870.1
Exhibit C-4
EXHIBIT “C-4”
SAMPLE PROGRESS REPORT
REPORTING PERIOD: Month/Date/Year to Month/Date/Year
PROGRESS REPORT: #1
A. Activities and Work Completed during Current Work Periods TASK 01 – 100% PS&E SUBMITTAL
1. Responded to Segment 1 comments from Department of Transportation
2. Completed and submitted Segment 1 final PS&E
B. Current/Potential Problems Encountered & Corrective Action Problems Corrective Action
None None
C. Work Planned Next Period
TASK 01 – 100% PS&E SUBMITTAL
1. Completing and to submit Traffic Signal and Electrical Design plans
2. Responding to review comments
414
17336.00030\42137870.1
Exhibit D
1 TIRCP FUNDING REQUIREMENTS
As used herein, the term “Recipient” shall refer to the City.
Section 1. Third Party Contracting
1. Recipient shall not award a construction contract over $10,000 or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code Sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this Agreement without the prior written approval of State. Contracts awarded by Recipient, if intended as local match credit, must meet the requirements set forth in this Agreement regarding local match funds.
2. Procurement of architectural and engineering services shall be in accordance with the requirements set forth in the Chapter 10 of the Caltrans Local Assistance Procedures Manual applicable to state funded agreements.
3. Any subcontract entered into by Recipient as a result of this Agreement shall contain the Provisions of Section 2. Audits and Reports and shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subcontractors will be allowable as Project costs only after those costs are incurred and paid for by the subcontractors
3. In addition to the above, the preaward requirements of third party contractor/consultants with local transit agencies should be consistent with Caltrans Local Program Procedures (LPP-00-05).
Section 2. Audits and Reports
A. Cost Principles
1. Recipient agrees to comply with Title 2 Code of Federal Regulations 200 (2 CFR 200) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
2. Recipient agrees, and will assure that its contractors and subcontractors will be obligated to agree to follow 2 CFR 200 and it shall be used to determine the allowability of individual Project cost items. Every sub-recipient receiving Project funds as a contractor or sub-contractor under this Agreement shall comply with 2 CFR 200.
3. Any Project costs for which Recipient has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR 200, are subject to repayment by Recipient to Commission.
4. The Commission may terminate this Agreement for any reason at any time if it is determined by the Commission or the State, based on an audit under this section, that there has been a violation of any State or federal law or policy by the Recipient during performance under this Agreement. If 415
17336.00030\42137870.1
Exhibit D
2 the Agreement is terminated under this section, the Recipient may be required to fully or partially repay funds.
B. Record Retention
1. Recipient agrees, and will assure that its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line item for the Project. The accounting system of Recipient, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of Recipient, its contractors and subcontractors connected with Project performance under this Agreement shall be maintained for a minimum of three (3) years from the date of final payment to Recipient under this Agreement and shall be held open to inspection, copying, and audit by representatives of the Commission, State, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by Recipient, its contractors, and subcontractors upon receipt of any request made by State or its agents. In conducting an audit of the costs and match credits claimed under this Agreement. The Commission and State will rely to the maximum extent possible on any prior audit of Recipient pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by Recipient's external and internal auditors may be relied upon and used by Commission or State when planning and conducting additional audits.
2. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of Recipient's contracts with third parties pursuant to Government Code section 8546.7, Recipient, Recipient's contractors and subcontractors and Commission shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such Agreement materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to Recipient under this Agreement. The Commission, the State, the California State Auditor, or any duly authorized representative of State or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to the Project for audits, examinations, excerpts, and transactions, and Recipient shall furnish copies thereof if requested.
3. Recipient, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the Commission, the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by State, for the purpose of any investigation to ascertain compliance with this Agreement and the Act.
C. Reporting Requirements
416
17336.00030\42137870.1
Exhibit D
3 1. Subject to the discretion of Commission, Recipient agrees to provide on a quarterly basis, Project Progress Reports that include the following information, as applicable:
a. Activities and progress made towards implementation of the project; b. Identification of whether the Project is proceeding on schedule and within budget; c. Identification of changes to the Project funding plan; d. Any actual or anticipated problems which could lead to delays in schedule, increased costs or other difficulties for either the Project or other State funded projects impacted by the Projects scope of work;
e. Identify metrics and benefits achieved for disadvantaged communities, low income communities, and/or low income households;
f. Reporting requirements per California Air Resource Board Cap and Trade Auction Proceeds Funding Guidelines for Agencies that Administer California Climate Investments which may include, continued reporting following project implementation to identify benefits achieved.
2. Reporting requirements of Recipient will include whether reported implementation activities are within the scope of the Project and in compliance with State laws, regulations, and administrative requirements.
3. Within one year of the Project or reportable Project components becoming operable, the implementing agency must provide a final delivery report including at a minimum:
a. Scope of completed Project as compared to programmed Project; b. Performance outcomes derived from the project as compared to outcomes described in the Project application and shall include but not be limited to before and after measurements and estimates for ridership, service levels, greenhouse gas reductions, updated estimated greenhouse gas reductions over the life of the project, benefits to disadvantaged communities, low income communities, and/or low income households, and project co-benefits as well as an explanation of the methodology used to quantify the benefits.
Section 3. Special Requirements
Non-Discrimination Clause
1. In the performance of work under this Agreement, Recipient, its contractor(s) and all subcontractors, shall not unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability, mental disability, medical condition, age, marital status, family and medical care leave, pregnancy leave, and disability leave. Recipient, its contractor(s) and all subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Recipient, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.), and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, section 7285 et seq.). The applicable regulations of the Fair Employment and.
Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Each of Recipient's contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. 417
17336.00030\42137870.1
Exhibit D
4 2. Each of the Recipient's contractors, subcontractors, and/or subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have collective bargaining or other labor agreements. The Recipient shall include the nondiscrimination and compliance provisions hereof in all contracts and subcontracts to perform work under this Agreement.
3. Recipient shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this Agreement.
4. The Recipient shall comply with the nondiscrimination program requirements of Title VI of the Civil Rights Act of 1964. Accordingly, 49 CFR 21 (Nondiscrimination in Federally-Assisted Programs of The Department Of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964) and 23 CFR Part 200 (Title VI Program and Related Statutes—Implementation and Review Procedures) are made applicable to this Agreement by this reference. Wherever the term "Contractor" appears therein, it shall mean the Recipient.
5. The Recipient shall permit, and shall require that its contractors, subcontractors, and subrecipients will permit, access to all records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission or any other agency of the State of California designated by Department to investigate compliance with this Section J.
M. Disabled Veterans Program Requirements
1. Should Military and Veterans Code sections 999 et seq. be applicable to Recipient, Recipient will meet, or make good faith efforts to meet, the 3% Disabled Veterans Business Enterprises goals (or Recipient's applicable higher goals) in the award of every contract for Project work to be performed under these this Agreement.
2. Recipient shall have the sole duty and authority under this Agreement to determine whether these referenced code sections are applicable to Recipient and, if so, whether good faith efforts asserted by those contractors of Recipient were sufficient as outlined in Military and Veterans Code sections 999 et seq.
418
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Lincoln Bogard, Administrative Services Director MEETING DATE: October 8, 2024
SUBJECT: Consideration of Resolution 2024-162, Approving Payment Processing Fee Changes for Utility Billing as of November 1, 2024
RECOMMENDATION:
Adopt Resolution 2024-162.
BACKGROUND:
The City is implementing Milsoft Customer Information System (CIS) for Utility Billing on November 1, 2024. As a part of that implementation, there are changes in biller pricing and service fees for payment processing. Currently all payment fees are paid by the City, which reduces Utility revenues by approximately $175,000 dollars per year. Under the new payment processing agreement, Customers will be charged a flat fee of $1.95 for any automated clearing house (ACH) or electronic funds transfer (EFT) payments. Autopayments via ACH or EFT will not be charged a per transaction fee. All credit card payments will be charged 3.00% of the transaction amount with a minimum fee of $2.95 per transaction.
No changes to chargeback fees for non-sufficient funds (NSF) transactions.
JUSTIFICATION:
Industry standards are changing and many governments have adopted this transaction processing fee structure. The processing fees are charged directly by the payment processor, so the City will maintain compliance with Government Code provisions pertaining to payment processing.
FISCAL IMPACT:
The City stands to benefit utility operating revenues by approximately $175,000 dollars per year.
ALTERNATIVES:
Do not adopt Resolution 2024-162 and provide alternative direction.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. Resolution 2024-162, Milsoft Implementation.docx
419
Resolution 2024-162
RESOLUTION 2024-162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
APPROVING PAYMENT PROCESSING FEE CHANGES FOR UTILITY BILLING AS OF NOVEMBER 1, 2024
WHEREAS, under California State Government Code Section 6159(h), a court, city and county, or any other public agency may impose a fee for the use of a credit or debit card or electronic funds transfer; and
WHEREAS, the City is implementing Milsoft Customer Information System (CIS) for Utility Billing on November 1, 2024, and as a part of that implementation, there are changes in biller pricing and service fees for payment processing through Invoice Cloud; and WHEREAS, currently all payment fees are paid by the City, which reduces Utility revenues by approximately $175,000 dollars per year; and
WHEREAS, Industry standards are changing and many governments have adopted this transaction processing fee structure; and
WHEREAS, the proposed processing fees are charged directly by the payment processor, so the City will maintain compliance with Government Code provisions pertaining to payment processing; and
WHEREAS, adopting the transaction processing fee structure will not exceed the City’s actual cost for providing the processing services; and
WHEREAS, the City has determined it is no longer feasible to absorb the fees and stands to benefit utility operating revenues by approximately $175,000 dollars per year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. Pursuant to California Government Code Section 6159(h), The City Council approves the amended fee structure with Invoice Cloud. Beginning on November 1,2024, under the new payment processing agreement, Customers will be charged a flat fee of $1.95 for any automated clearing house (ACH) or electronic funds transfer (EFT) payments. Autopayments via ACH or EFT will not be charged a per transaction fee. All credit card payments will be charged
3.00% of the transaction amount with a minimum fee of $2.95 per transaction. No changes to chargeback fees for non-sufficient funds (NSF) transactions.
SECTION 2. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 420
Resolution 2024-162
PASSED, APPROVED AND ADOPTED this 8th day of October 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
421
Resolution 2024-162
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-162, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 8th day of October 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
422
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: David Newell, Community Development Director MEETING DATE: October 8, 2024
SUBJECT: Consideration of Resolution 2024-163, Approving Additional Funding for the City's Weed Abatement Program from a total of $120,000 to $300,000 for Fiscal Year 2024/2025 and Approving Amendment No. 1 to Professional Service Agreements with CM Landscapes, Integrity Arborist & Ecoscape, Inc, and Mariposa Landscapes, Inc.
RECOMMENDATION:
Adopt Resolution 2024-163.
BACKGROUND:
On May 14, 2024, the City Council approved Resolution 2024-061, authorizing professional service agreement contracts with three vendors - CM Landscape, Integrity Arborist & Landscaping and Mariposa Landscaping - to conduct weed abatement services within the City. The limit for these services was $40,000 per vendor for a total amount not to exceed $120,000 per fiscal year for a five year period beginning fiscal year 2023/2024. The May 14, 2024 Staff Report is included as an attachment for additional background.
The City subsequently entered into the agreements with the authorized vendors and weed abatement work began during the summer. The abatement work has been completed on 57 parcels of land throughout the City, including city-owned and privately-owned properties. There are more than 30 parcels that currently require weed abatement. A list of properties and associated costs for this work is included as an attachment to this report.
To date, the cost to provide these services has totaled $202,176.63 and there is a need to conduct additional weed abatement during the current fiscal year.
JUSTIFICATION:
Resolution 2024-061 authorized an allocation of $120,00 ($40,000) for each fiscal year, 2023/2024 and 2024/2025. However, the funding for FY 2023/2024 did not carry forward, nor was it used for the authorized work that totaled an amount of $202,176.63 between the three vendors during this past summer. The funding to complete the work for known weed abatement projects is roughly $40,000 more than the authorized amount of $202,176.63. Staff would also recommend adequate funds are available for abatement work that may be necessary for the remainder of the fiscal year (through June 2025), seeking an additional funding amount of $60,000, for a total need not to exceed $300,000 for FY 2024/2025.
Additionally, instead of specifying maximum amounts for each vendor, staff would request the ability to determine which vendor completes the work, as long as the total authorized amount does not exceed 423
$300,000 for all vendor authorizations during the fiscal year. This will ensure the weed abatement program continues in a seamless manner and is not limited by one or two vendor's who may have more availability than the others.
Weed abatement is critical to minimizing the threat of fire hazards in the City, as specified in Chapter
8.48 (Nuisances) of the Banning Municipal Code (BMC). The City has been actively using the vendors' services and with the extended summer heat it is imperative to continue providing weed abatement to minimize fire risks within the City.
For privately-owned property, the City will continue to pursue owner compliance with BMC Chapter 8.48. When the City is unsuccessful with voluntary compliance, the administrative citation process in BMC Chapter 1.20 will be pursued and include cost recovery for the vendors' services, as specified in BMC Chapter 1.32, to reduce cost impacts to the extent feasible by the City's Cost Recovery ordinance.
FISCAL IMPACT:
The fiscal impact involves increasing the allocated FY 2024/2025 funding for this service from $120,000 to $300,000. The vendors provide the service as needed and the City has determined a greater need to continue this work for the remainder of the fiscal year. Staff will continue to pursue cost recovery on privately-owned property through BMC Chapter 1.32, Cost Recovery, to minimize costs. Vendor invoices will be paid from expense account: 001-2740-442.23-39.
ALTERNATIVES:
1. Continue the Agenda Item, providing alternative direction to staff concerning the City's Weed Abatement obligations.
2. Increase total funding from $120,000 to an amount less than $300,000 and approve amendments to vendor agreements accordingly (this alternative would limit City's ability to pursue weed abatement for remainder of fiscal year).
BUDGETED?:
No
CONTRACT/AGREEMENT:
Yes
ATTACHMENTS:
1. Resolution_2024-163_Amendment_No._1_to_Weed_Abatement.docx
2. Exhibit A - C01016 Amend No.1 CM Landscape Weed Abatement.docx
3. Exhibit B - C01017 Amend No.1 Integrity Landscape Weed Abatement.docx
4. Exhibit C - C01018- Amend No.1 CSA Mariposa - Weed Abatement.docx
5. 5-14-24 City Council Staff Report for Weed Abatement Agreements.pdf
6. Authorized Weed Abatement by Vendor.pdf
424
Resolution 2024-163
RESOLUTION 2024-163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
APPROVING ADDITIONAL FUNDING FOR THE CITY'S WEED ABATEMENT PROGRAM FROM A TOTAL OF $120,000 TO $300,000 FOR FISCAL YEAR 2024/2025 AND APPROVING AMENDMENT NO. 1 TO PROFESSIONAL SERVICE AGREEMENTS WITH CM
LANDSCAPES, INTEGRITY ARBORIST & ECOSCAPE, INC, AND MARIPOSA LANDSCAPES, INC.
WHEREAS, on May 14, 2024, the City Council adopted Resolution 2024-61, and approved Professional Service Agreement Contracts with Integrity Arborist and Ecoscape, Inc., Mariposa Landscapes, Inc., and CM Landscape (“Vendors”) for weed abatement services, after complying with procurement laws and policies which include Chapter 3.24 (Purchasing System) of the Banning Municipal Code and Policy No. B-30 (Procurement Policies and Procedures) of the City of Banning’s Administrative Procedures; and
WHEREAS, Resolution 2024-61 authorized each contract an amount not to exceed $40,000, for a total authorized amount not to exceed $120,000 for providing weed abatement services during Fiscal Year 2023/2024 and Fiscal Year 2024/2025, within the City of Banning; and
WHEREAS, since executing contracts with the Vendors, the City has authorized weed abatement on 87 parcels of land throughout the City, including city-owned and privately-owned properties, with costs totaling $202,176.63; and
WHEREAS, the City desires to maintain funding for weed abatement services, including the completion of known weed abatement projects (roughly $40,000 more than previously authorized amount of $202,176.63), and ensure adequate funds are available for abatement work that may be necessary for the remainder of the 2024/2025 fiscal year (an additional funding amount of $60,000) for a total need not to exceed $300,000 for FY 2024/2025.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves Professional Service Agreement Amendments (“Amendment No. 1”), attached as Exhibits “A”, “B” and “C”, with CM Landscape, Integrity Arborist & Ecoscape, Inc., and Mariposa Landscapes, Inc., respectively, for Weed Abatement Services for Fiscal Year 2024/2025 in an amount not to exceed $300,000 between the all three vendors, as determined by staff, with option to renew for four additional single years in an amount not to exceed $120,000 for each renewal year upon satisfactory performance annually.
SECTION 2. The City Council authorizes the City Manager to make non-substantive changes and execute Amendment No.1 with Integrity Arborist & Ecoscape, Inc., Mariposa Landscapes, Inc. and CM Landscape 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. 425
Resolution 2024-163
PASSED, APPROVED AND ADOPTED this 8th day of October 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
426
Resolution 2024-163
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-163, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 8th day of October 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
427
Resolution 2024-163
EXHIBIT A
Amendment No. 1 to the Professional Service Agreements for Weed Abatement Services by and between City of Banning and Charmaine Martinez DBA CM Landscape Management 428
Resolution 2024-163
EXHIBIT B
Amendment No. 1 to the Professional Service Agreements for Weed Abatement Services by and between City of Banning and Integrity Arborist & Ecoscape, Inc. 429
Resolution 2024-163
EXHIBIT C
Amendment No. 1 to the Professional Service Agreements for Weed Abatement Services by and between City of Banning and Mariposa Landscapes, Inc. 430
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT
(C01016) FOR WEED ABATEMENT SERVICES BY AND BETWEEN
CITY OF BANNING AND CHARMAINE MARTINEZ DBA CM
LANDSCAPE MANAGEMENT
THIS AMENDMENT NO. 1 TO THE CONTRACT SERVICES AGREEMENT FOR SERVICES (“Amendment No. 1”) by and between the CITY OF BANNING (“City”) and Charmaine Martinez DBA CM Landscape Management, a Sole Proprietorship, (“Consultant”) is effective as of this day: ______________.
RECITALS
A. City and Consultant entered into that certain Contract dated May 14, 2024 for the purpose of providing Weed Abatement Services (“Agreement”) following an RFP for Weed Abatement Services (RFP 23-047), as approved by City Council Resolution 2024- 061.
B. City and Consultant now desire to amend the Agreement to and increase the Contract Sum to Fifty Thousand Dollars ($50,000.00).
The Parties therefore agree follows:
1. Amended Terms. The Agreement is hereby amended as follows:
1.1 The maximum compensation for the Services performed pursuant to this Amendment No. 1 shall not exceed Ten Thousand Dollars ($10,000.00) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to Fifty Thousand Dollars ($50,000.00).
2. Miscellaneous Provisions
2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement or Amendments No. 1, the provisions of this Amendment No. 1 shall control.
2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 1.
2.3 Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the 431
provisions of this Amendment No. 1, and (iv) entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
2.4 Counterparts. This Amendment No. 1 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
432
The Parties are signing this Amendment No. 1 on the date stated in the introductory clause.
CITY OF BANNING CONSULTANT
Douglas Schulze,
City Manager
NAME:
TITLE:
City Council Approval: _______________ NAME:
TITLE:
ATTEST:
Caroline Patton
Administrative City Clerk
APPROVED AS TO FORM:
Richards, Watson & Gershon
Serita R. Young
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
433
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT
(C01017) FOR WEED ABATEMENT SERVICES BY AND BETWEEN
CITY OF BANNING AND INTEGRITY ARBORIST AND ECOSCAPE
INC.
THIS AMENDMENT NO. 1 TO THE CONTRACT SERVICES AGREEMENT FOR SERVICES (“Amendment No. 1”) by and between the CITY OF BANNING (“City”) and Integrity Arborist and Ecoscape Inc., a California Corporation, (“Consultant”) is effective as of this day: ______________.
RECITALS
A. City and Consultant entered into that certain Contract dated May 14, 2024 for the purpose of providing Weed Abatement Services (“Agreement”) following an RFP for Weed Abatement Services (RFP 23-047), as approved by City Council Resolution 2024- 061.
B. City and Consultant now desire to amend the Agreement to increase the Contract Sum to One Hundred Twenty-Five Thousand Dollars ($125,000.00).
The Parties therefore agree follows:
1. Amended Terms. The Agreement is hereby amended as follows:
C. The maximum compensation for the Services performed pursuant to this Amendment No. 1 shall not exceed Eighty-Five Thousand Dollars ($85,000.00) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to One Hundred TwentyFive Thousand Dollars ($125,000.00).
2. Miscellaneous Provisions
2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement or Amendments No. 1, the provisions of this Amendment No. 1 shall control.
2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 1.
2.3 Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, 434
(iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
2.4 Counterparts. This Amendment No. 1 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
435
The Parties are signing this Amendment No. 1 on the date stated in the introductory clause.
CITY OF BANNING CONSULTANT
Douglas Schulze,
City Manager
NAME:
TITLE:
City Council Approval: _______________ NAME:
TITLE:
ATTEST:
Caroline Patton
Administrative City Clerk
APPROVED AS TO FORM:
Richards, Watson & Gershon
Serita R. Young
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
436
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT
(C01018) FOR WEED ABATEMENT SERVICES BY AND BETWEEN
CITY OF BANNING AND MARIPOSA LANDSCAPES, INC.
THIS AMENDMENT NO. 1 TO THE CONTRACT SERVICES
AGREEMENT FOR SERVICES (“Amendment No. 1”) by and between the CITY OF BANNING (“City”) and MARIPOSA LANDSCAPES, INC., a California Corporation (“Consultant”) is effective as of this day: ______________.
RECITALS
A. City and Consultant entered into that certain Contract dated May 14, 2024 for the purpose of providing Weed Abatement Services (“Agreement”) following an RFP for Weed Abatement Services (RFP 23-047), as approved by City Council Resolution 2024- 061.
B. City and Consultant now desire to amend the Agreement to increase the Contract Sum to One Hundred Twenty-Five Thousand Dollars ($125,000.00).
The Parties therefore agree follows:
1. Amended Terms. The Agreement is hereby amended as follows:
1.1 The maximum compensation for the Services performed pursuant to this Amendment No. 1 shall not exceed Eighty-Five Thousand Dollars ($85,000.00) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to One Hundred Twenty-Five Thousand Dollars ($125,000.00).
2. Miscellaneous Provisions
2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement or Amendments No. 1, the provisions of this Amendment No. 1 shall control.
2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 1.
2.3 Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) entering into this Amendment No. 437
1 does not violate any provision of any other agreement to which said party is bound.
2.4 Counterparts. This Amendment No. 1 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
438
The Parties are signing this Amendment No. 1 on the date stated in the introductory clause.
CITY OF BANNING CONSULTANT
Douglas Schulze,
City Manager
NAME:
TITLE:
City Council Approval: _______________ NAME:
TITLE:
ATTEST:
Caroline Patton
Administrative City Clerk
APPROVED AS TO FORM:
Richards, Watson & Gershon
Serita R. Young
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
439
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Adam Rush,
MEETING DATE: May 14, 2024
SUBJECT: Consideration of Resolution 2024-61, Approving a Professional Services Agreement with Integrity Arborist & Ecoscape, Mariposa Landscapes, Inc., and CM Landscapes for Weed Abatement Services
RECOMMENDATION:
Adopt Resolution 2024-61.
BACKGROUND:
The properties upon which weed abatement services shall be done consist of private property and some city-owned properties, both undeveloped and developed, upon which combustive material and/or hazardous vegetation form a fire hazard and have been declared a nuisance and a fire hazard. The scope of services includes The Contractor performing hazardous vegetation abatement at numerous sites described in BMC Chapter 8.48.050 and all other relative law provisions. The City is seeking contractors with the proper equipment/personnel to handle this professional service. These properties contain all or some of the following conditions:
1. Dead annual grasses and weeds
2. Brush
3. Dead, Dying, and Diseased trees
4. Healthy trees that have not been maintained to remove ladder fuels
5. Rubbish
The work to be done shall consist of destroying weeds, wild grass, and poisonous or harmful plants and removing rubbish including but not limited to scrap metals, disassembled parts of automobiles or machinery, furniture, mattresses, tires, concrete, asphalt, bricks or other construction or demolition materials, debris, litter, cardboard, metal cans, glass, cut brush, dead trees, tree limbs and similar materials, garbage, including but not limited to animal matter including feces, fruit or vegetable matter, and trimming trees & brushes designated by the City Representative in accordance with the City of Banning Weed Abatement Standards.
The City's preference is to recycle whenever possible. If any green waste can be reused, please inform the City to see if it will meet the CA SB requirements. Selected Contractors must follow the State and AQMD 2024 rules for gas-powered vehicles and tools. Discovery of hazardous waste, hazardous materials, vehicles, or other large items shall be reported to the City Representative. When a site location is assigned, go to the site location to see if any of these items are present so The City can remove them before starting work.
JUSTIFICATION:
1 440
The City is obligated to preserve the public safety and welfare, which includes protection of life and property that may result from brush fires. The Banning Municipal Code (BMC) requires that all vacant lots previously declared a public nuisance and fire hazard be cleared of dangerous weeds and brush before the summer months wherein weather conditions in the City of Banning are hot and windy. These conditions create an immediate threat to public safety if not resolved by the property owner; however, in the case that the property owner is unable, unwilling, or ignores the City's code enforcement process (i.e., Notices of Violations and Administrative Citations) then the City has an obligation to front load public funds to abate the nuisance and then assess the property to ensure reimbursement through the property tax bill. If the property owner fails to pay this special assessment, then the County has the right to initiate a "tax sale" under their procedures.
FISCAL IMPACT:
The last agreement for Weed Abatement Services was authorized in 2019. The City's purchasing policy requires a new RFP each five (5) year interval. The previous weed abatement contractors lacked the resources of a larger commercial landscaper, which resulted in lower overhead costs. The recommended contractors focus on large commercial contracts and public works infrastructure, some even have provided services in the City of Banning. The combination of these facts have resulted in higher costs and therefore, a increased budget amount from the last contract award.
The budget impact will be a maximum of $120,000, allocated equally across each firm (e.g., $40,000 for each vendor), detailed as follows:
Integrity Arborist & Ecoscape ($40,000)
Mariposa Landscapes, Inc. ($40,000)
CM Landscapes ($40,000)
Contractors will be paid from expense account: 001-2740-442.23-39 Contract services will only be utilized on an "as-needed" basis and there is no guarantee of work. The City will seek reimbursement by placing the fully burdened costs of weed abatement as a property tax assessment, which is a superior assessment to the actual property tax bill. Even if the property owner pays the County Tax Bill, but not not pay the City's assessment, a tax sale could occur. This assessment is possible with the Council's adoption of Ordinance 1598 which replaces the traditional property lien. An assessment allows the City reimbursement on a 6-month schedule, concurrent with the property tax payments rather than waiting years, or sometimes a decade to obtain reimbursement when a property is sold, transferred or refinanced.
ALTERNATIVES:
The Council may take the following actions as an alternative to staff's recommendation:
1) Continue the Agenda Item, along with requesting clarification or providing alternative direction to staff concerning the City's Weed Abatement obligations.
2) Consider Rejecting all Bids and provide alternative direction to staff concerning the City's Weed Abatement obligations.
3) Approve the Agreements, but in a reduced contractual amount.
BUDGETED?:
No
CONTRACT/AGREEMENT:
Yes
ATTACHMENTS:
1. Resolution 2024-61, Weed Abatement Services.docx
2 441
2. C01016 PSA CM Landscape Weed Abatement Services.docx
3. C01017 - PSA Integrity Weed Abatement.docx
4. C01018 - PSA Mariposa Weed Abatement (AutoRecovered).docx
5. Evaluation Tabulation (6).docx
6. CM Landscape Proposal.pdf
7. Integrity Proposal For SR.pdf
8. Mariposa Proposal.pdf
3 442
Vendor APN Completed Invoice Received? Invoice # Cost Verified? In Naviline Vendor APN Completed Invoice Received? Invoice # Cost Verified? In Naviline Vendor APN Completed Invoice Received? Invoice # Cost Verified? In Naviline Mariposa 543-090-008 Y Y 109105 3,920.40 $ Y Y Integrity 541-232-001 Y Y *07-16 3,360.00 $ Y Y CM 534-171-048 Y Y 16661 1,541.25 $ Y Y Mariposa 541-250-009 Y Y 109106 9,147.60 $ Y Y Integrity 419-081-004 Y Y *07-26 1,990.00 $ Y Y CM 537-090-040 Y Y 16669 1,833.75 $ Y Y Mariposa 541-240-009 Y Y 109107 5,227.20 $ Y Y Integrity 534-272-009 Y Y *07-27 3,525.00 $ Y Y CM 537-090-041 Y Y 16671 1,755.00 $ Y Y Mariposa 541-045-018 Y Y 109108 2,613.60 $ Y Y Integrity 408-145-007 Y Y *07-28 2,885.00 $ Y Y CM 537-090-042 Y Y 16672 1,601.25 $ Y Y Mariposa 541-150-008 Y Y 109109 3,179.88 $ Y Y Integrity 537-100-031 Y Y *07-29 720.00 $ Y Y CM 534-152-024 Y Y 16684 2,341.20 $ Y Y Mariposa 541-150-027 Y Y 109110 2,613.60 $ Y Y Integrity 537-100-032 Y Y *07-30 1,895.00 $ Y Y CM 538-210-061 Y Y 16689 1,726.50 $ Y Y Mariposa 541-150-028 Y Y 109111 2,613.60 $ Y Y Integrity 540-180-055 Y Y *07-31 6,495.00 $ Y N CM 541-081-010 Y Y 16694 1,370.00 $ Y Y Mariposa 541-150-004 Y Y 109112 2,613.60 $ Y Y Integrity 419-072-030 Y Y *07-32 1,630.00 $ Y Y CM 541-055-012 Y Y 16695 2,077.50 $ Y Y Mariposa 538-230-011 Y Y 109113 7,910.97 $ Y Y Integrity 534-050-001 Y Y *07-33 3,064.50 $ Y Y CM 540-165-007 Y N $ 889.50 NN Mariposa 419-140-059 Y Y 109114 5,227.20 $ Y N Integrity 534-093-014 Y Y *08-01 2,056.50 $ Y Y CM 540-061-008 Y N $ 787.00 NNMariposa 540-202-003 Y Y 109115 174.00 $ Y Y Integrity 534-022-014 Y Y *08-02 1,625.00 $ Y Y $ 15,922.95 Mariposa 540-202-002 Y Y 109116 174.00 $ Y Y Integrity 534-022-001 Y Y *08-05 1,980.00 $ Y Y Mariposa 540-202-001 Y Y 109117 174.00 $ Y Y Integrity 534-022-002 Y Y *08-06 1,620.00 $ Y Y Mariposa 534-152-025 Y Y 109118 490.00 $ Y N Integrity 541-170-007 Y Y *08-07 5,670.00 $ Y Y Vendor APN Completed Approx. $ Mariposa 541-055-001 Y Y 109119 420.00 $ Y N Integrity 541-192-001 Y Y *08-12 1,905.00 $ Y N CM 541-055-004 N 1,040.75 $ Mariposa 540-191-008 Y Y 109120 560.00 $ Y N Integrity 541-192-002 Y Y *08-13 1,270.00 $ Y Y CM 534-194-004 N 1,203.75 $ Mariposa 535-361-027 Y Y 109121 420.00 $ Y N Integrity 541-161-010 Y Y *08-14 2,445.00 $ Y Y CM 541-133-023 N 1,084.50 $ Mariposa 532-120-011 Y Y 109122 980.00 $ Y N Integrity 541-161-011 Y Y *08-15 2,985.00 $ Y N CM 535-070-003 N 1,212.50 $ Mariposa 541-181-037 Y Y 109123 522.00 $ Y N Integrity 541-121-031 Y Y *08-16 2,255.00 $ Y N CM 538-031-016 N 3,892.50 $ Mariposa 538-082-013 Y Y 109124 1,044.00 $ Y N Integrity 541-121-032 Y Y *08-17 1,750.00 $ Y N CM 538-040-032 N 1,875.00 $ Mariposa 419-060-022 Y Y 109366 6,523.46 $ Y N Integrity 541-082-010 Y Y *08-18 1,810.00 $ Y N CM 538-040-033 N 868.75 $ Mariposa 535-241-023 Y Y 109367 8,418.77 $ Y N Integrity 541-082-035 Y Y *08-19 535.00 $ Y Y CM 535-180-006 N 2,254.05 $ $ 64,967.88 Integrity 541-082-018 Y Y *08-20 1,620.00 $ Y N CM 535-150-007 N 572.50 $ Integrity 541-121-045 Y Y *08-21 2,890.00 $ Y N CM 535-150-008 N 1,356.50 $ Vendor APN Completed Approx. $ Integrity 532-180-044 Y Y *08-22 3,240.00 $ Y N $ 15,360.80 Mariposa 541-055-004 N 696.00 $ $ 61,221.00
Mariposa 540-165-007 N 522.00 $ Mariposa 537-100-004 N 1,320.00 $ Vendor Name PO Amount Total Assigned Mariposa 534-194-004 N 435.00 $ Vendor APN Completed Approx. $ Mariposa $ 40,000.00 $ 74,773.88 Mariposa 541-133-023 N 174.00 $ Integrity 535-020-004 N 9,800.00 $ Integrity $ 40,000.00 $ 96,119.00Mariposa 534-019-020 N- $ Integrity 535-020-026 N 5,255.00 $ CM $ 40,000.00 $ 31,283.75 Mariposa 535-070-005 N - $ Integrity 535-020-029 N 3,547.00 $ $ 120,000.00 $ 202,176.63 Mariposa 535-070-007 N 3,527.00 $ Integrity 535-030-050 N 10,756.00 $ Mariposa 535-070-003 N 174.00 $ Integrity 541-093-003 N 2,300.00 $ Mariposa 538-031-016 N 522.00 $ Integrity 532-130-020 N 3,240.00 $ Mariposa 538-040-032 N 696.00 $ $ 34,898.00 Mariposa 538-040-033 N 174.00 $ Mariposa 535-180-006 N 870.00 $ Mariposa 535-150-007 N 174.00 $ Mariposa 535-150-008 N 522.00 $ $ 9,806.00
Authorized Weed Abatment by Vendor
443
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela, Director of Public Works
MEETING DATE: October 8, 2024
SUBJECT: Accept Street Monuments for Tracts 37389-2 and 37389-3 (Atwell Planning Areas 10 and 11) and Release Monumentation Bonds RECOMMENDATION:
City Council accept the street monuments and release the related monumentation bonds.
BACKGROUND:
On September 13, 2022, City Council adopted Resolution 2022-122 approving Final Tract Map Numbers 37389-1, 37389-2, 37389-3, and 37389-5, authorizing staff to sign the final maps, release the maps for recordation, and accepting the Performance and Labor and Material Bonds for the public improvements.
As a condition of development, Tri-Pointe Homes was required to sign a Subdivision Improvement Agreement and submit bonds to assure that the required public improvements, including street monumentation, are constructed according to City standards and specifications.
JUSTIFICATION:
Staff has verified that the street monuments related to the bonds were completed per City standards and specifications and recommends that the City Council accept the monuments and authorize the exoneration of the following bonds:
Bond Number Bond Amount Description
30159478 $60,547.50 37389-2 Monumentation
30159482 $35,305.00 37389-3 Monumentation
FISCAL IMPACT:
Not Applicable
ALTERNATIVES:
Do not accept staff's recommendation and provide staff with additional direction.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
444
ATTACHMENTS:
1. Att 1. 37389-2 MONU TIES.pdf
2. Att 2. 37389-3 MONU TIES.pdf
3. Att 3 37389-2 Monumentatin Bond.pdf
4. Att 4 37389-3 Monumentatin Bond.pdf
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98 97
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64 63
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58 59 60
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GOLDENBRUSH WAY
457
77 78
79 91 92
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STREET GOLDENBRUSH WAY
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APEX ST
7 MEADOWLINE WAY
MEADOWLINE WAY
MEADOWLINE WAY
CEDARWOOD DRIVE
CAMBRIA DRIVE
CLOVER DRIVE
HUMMINGBIRD WAY
MAHOGANY STREET
TRAILMARK COURT
VERBENA CIRCLE
LARKSPUR ROAD
FIDDLELEAF DRIVE
MAVERICK STREET
BROADSTREAM WAY
MISTY ROAD
LILAC PLACE
WILDWOOD DRIVE
DRIVE 'E'
DRIVE 'F'
DRIVE 'G'
DRIVE 'H'
DRIVE 'I'
DRIVE 'J'
DRIVE 'K'
DRIVE 'L'
DRIVE 'N' DRIVE 'M'
DRIVE 'P' DRIVE 'O'
DRIVE 'R' DRIVE 'Q'
DRIVE 'T' DRIVE 'S'
DRIVE 'U' DRIVE 'V'
ASHSTONE WAY ROCKCRESS LANE
HICKORY WAY GOLDENBRUSH WAY
LEMONROOT STREET
FALLWATER PLACE
HUMMINGBIRD WAY
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DSTREAM WAY
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24 FALLWATER PLACE
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80 81
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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: October 8, 2024
SUBJECT: Consideration of Resolution 2024-164, Adopting the Revised Banning Procedural Manual
RECOMMENDATION:
Adopt Resolution 2024-164.
BACKGROUND:
The City of Banning Manual of Procedural Guidelines (“Manual”) was last updated on February 14, 2023 with the adoption of Resolution 2023-36. At that time, staff identified a number of deficiencies within the Manual that they would like to address at a future point. These proposed revisions to the Manual address those identified issues.
In addition to structural and verbiage updates, City staff revised the Manual to respond to several areas of concern raised by the City Council since the last revision. On September 10, 2024, the City Council held a Special Meeting - Workshop (“Workshop”) to discuss the proposed revisions to the Manual. This workshop provided a forum for staff to explain the proposed changes, and for the City Council to discuss and provide direction on the proposed changes. This Workshop also provided the City Council with the opportunity to raise any other matters they would like to see addressed or revised in the Manual. The current version of the revised Manual that is attached to this staff report contains revisions that reflect the discussions and direction provided by City Council to staff.
JUSTIFICATION:
As discussed during the Workshop, the specific proposed changes to the Manual include:
Title was revised to be more succinct and clear.
The word "contract" (only when referring to "contracts and agreements") has been removed as duplicative.
Article 1 (“Scope of Manual”) was revised to provide that: (i) the procedures in the Manual are in addition to Robert’s Rules of Order (“Robert’s Rules”); and (ii) if there is any conflict between Robert’s Rules and the Manual, the provisions of the Manual shall govern.
Section 3.5 (“Preparation of Agendas”) was revised to clarify the process for Legislative Body members to place business items on the regular meeting agenda under “Items for Future Agendas (New Items; Existing Items).”
Section 3.14 (“Minutes and Recordings”) was revised to specify that the minutes are a record of the actions taken by the Legislative Body. This Section was also revised to prohibit Legislative Body members from attaching written comments to the minutes.
In Section 4.1 ("Generally"), the reference to no minutes taken was removed as it contradicts language in the same section.
510
In Section 5.1 (“Order of Business”), the listed order of business for meetings of the Legislative Body was revised to reflect the order of business provided on recent Banning City Council meeting agendas.
Section 8.3 (“Email and Social Media Policy”) was revised to provide a social media policy for Legislative Body members. This social media policy complies with Assembly Bill 992, which amended certain provisions of the Brown Act to clarify allowable uses of social media under the Act.
Section 8.5 (“City Manager”) was revised to include a subsection on the City operating under the city manager form of government. This subsection provides that City Councilmembers may not individually provide direction to the City Manager.
Subsection 10.3(d) (“Reconsider”) was revised to limit the timeframe for making a motion to reconsider to the same meeting that the action was taken or at an adjourned meeting following the meeting at which the action was taken.
Subsection 10.3(e) (“Adjournment”) was added to clarify the process for adjourning a meeting.
Section 10.9 (“Curfew”) was added to the Manual to provide a 10:00 p.m. curfew for City Council meetings. This Section provides that no new matters shall be taken up after 10:00 p.m., except that the meeting may be extended in one-hour increments upon a majority vote of Council members present. This Section supersedes Resolution No. 2016-44.
DISCUSSION:
During the Workshop on the Manual, Councilmember Flynn raised a concern regarding abstention votecounting requirements. Section 11.3(c) of the current Manual provides that “[a] Legislative Body member abstaining on any other grounds than a conflict under the Political Reform Act shall be counted as present for purposes of a quorum and such abstentions are counted with the majority.” Regarding Section 11.3(c), please find a document attached to this staff report with examples of how other California cities address abstentions in their procedural manuals. As you’ll see, there are some cities that count an abstention (on grounds other than a conflict under the Political Reform Act) with the majority.
Also, a couple of the examples in the attached document reference Rosenberg’s Rules of Order. Page 6 of Rosenberg's Rules explains that the default rule is to count all votes that are “present and voting” (i.e., abstention votes are not counted as votes on a motion, but members who abstain are counted as “present” for purposes of determining quorum).
In terms of Councilmember Flynn’s comments on the abstention vote-counting requirements in Robert’s Rules, the somewhat relevant provisions from Robert’s Rules appear to be the following:
Sec. 44:1 (Majority Vote – the Basic Requirement): “… it means more than half of the votes cast by persons entitled to vote, excluding blanks or abstentions …” Sec. 44:9 (Modifications of Usual Bases for Decision): “Voting requirements based on the number of members present - a majority of those present … etc., - … are generally undesirable. Since an abstention in such cases has the same effect as a negative vote, these bases deny members the right to maintain a neutral position by abstaining. For the same reason, members present who fail to vote through indifference rather than through deliberate neutrality may affect the result negatively. When such a vote is required, however, the chair must count those present immediately after the affirmative vote is taken …”
That said, the City Attorney's Office recommended not revising the current language of Section 11.3(c) (i.e., counting abstentions with the majority, if not due to a conflict under the PRA), unless the City Council provides direction to staff to revise this Section.
FISCAL IMPACT:
Currently there are no fiscal impact of the proposed changes.
ALTERNATIVES:
Do not adopt Resolution 2024-164 and provide alternate direction to staff. 511
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. Resolution 2024-164, Manual of Procedural Guidelines.docx
2. Exhibit A - Banning Procedural Manual - CLEAN.docx
3. Redlined Banning Procedural Manual
4. 2023 02 14_Manual of Procedural Guidelines_Resolution 2023-34.pdf
5. Section 11.3_Other Cities Comparison.docx
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Resolution 2024-164
RESOLUTION 2024-164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
ADOPTING THE AMENDED CITY OF BANNING MANUAL OF PROCEDURAL GUIDELINES WHEREAS, on October 23, 2012, this City Council adopted Resolution No. 2012-83 approving the Manual of Procedural Guidelines for the Conduct of City Council and Constituent Body/Commission Meetings ("Manual"); and
WHEREAS, on April 23, 2013, the City Council adopted Resolution 2013-48 amending Article VII – Public Comment and Presentations – of the Manual to encompass and provide guidance for groups making presentations to the City Council and amend the time limit to speak during public comments to allow for up to five minutes to speak during a noticed public hearing; and
WHEREAS, on November 12, 2013, the City Council adopted Resolution 2013-103 adopting amendments to the Manual relating to decorum at legislative body meetings; and WHEREAS, on May 26, 2020, the City Council adopted Resolution 2020-67 adopting time limits for public comments on items not on the agenda; and WHEREAS, on February 14, 2023, the City Council adopted Resolution 2023-34, amending the Manual to add a City Treasurer’s Report under “Announcements and Reports” on the agendas of all regular meetings of the City Council; and, WHEREAS, the City Council held a Special Meeting – Workshop to discuss proposed changes to the Manual on September 10, 2024.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves the amended City of Banning Manual of Procedural Guidelines attached hereto as Exhibit A.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 8th day of October 2024.
Alberto Sanchez, Mayor
City of Banning
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Resolution 2024-164
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
Serita R. Young, City Attorney
Richards, Watson & Gershon
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Resolution 2024-164
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-164, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 8th day of October 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
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Resolution 2024-164
EXHIBIT A
City of Banning Manual of Procedural Guidelines
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CITY OF BANNING
MANUAL OF
PROCEDURAL
GUIDELINES
Adopted October 23, 2012, by City Council Resolution 2012-83 Amended April 23, 2013, by City Council Resolution 2013-48 Amended November 12, 2013, by City Council Resolution 2013-103 Amended May 26, 2020, by City Council Resolution 2020-67 Amended February 14, 2023, by City Council Resolution 2023-34 Amended October 8, 2024, by City Council Resolution 2024-164 517
Table of Contents
Article 1 – Scope Of Manual ........................................................................................................................4 Article 2 – Meetings...................................................................................................................................... 8 Article 3 – Notice And Agenda................................................................................................................... 11 Article 4 – Closed Sessions......................................................................................................................... 18 Article 5 – Order Of Business.....................................................................................................................20 Article 6– Public Comment And Presentations........................................................................................... 25 Article 7– Noticed Public Hearings ............................................................................................................28 Article 8 - Meeting Officers........................................................................................................................32 Article 9– Decorum And Order................................................................................................................... 38 Article 10 – Parliamentary Procedures .......................................................................................................45 Article 11- Procedures For Consideration Of Demands For Corrective Action .........................................50 Article 12 – Miscellaneous .........................................................................................................................53 518
ARTICLE 1 – SCOPE OF MANUAL
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ARTICLE 1 – SCOPE OF MANUAL
1.1 Application of Rules
This Manual (the “Manual”) shall establish the procedures for the conduct of all meetings of Banning’s City Council, Successor Agency to the Banning Community Redevelopment Agency, Housing Authority, Utility Authority, Financing Authority and other constituent governing bodies, and commissions including, but not limited to, the Planning Commission, Parks and Recreation Commission, Youth Council, Historic Preservation Commission, and Budget and Finance Committee.
This Manual rescinds and supersedes all prior City Council resolutions setting forth rules of procedure for the conduct of meetings by City Legislative Bodies (defined below). Wherever there is a conflict between this Manual and any prior City resolution, the terms and rules in this Manual shall govern. Resolutions more specifically superseded by this Manual include, without limitation, the following:
City of Banning Resolution No. 2020-67;
City of Banning Resolution No. 2013-103;
City of Banning Resolution No. 2013-48;
City of Banning Resolution No. 2012-83
City of Banning Resolution No. 2004-43;
City of Banning Resolution No. 2003-06;
City of Banning Resolution No. 2000-41;
City of Banning Resolution No. 1999-31;
Banning CRA Resolution No. 2010-13; and
Banning CRA Resolution No. 1990-04.
1.2 Definitions
The following definitions shall apply to these rules and procedures:
Agenda The document that outlines topics to be discussed during a meeting.
Staff Report A document prepared by City Staff containing information and a recommendation about certain action(s) by the
Legislative Body.
Agenda Packet The agenda with accompanying staff reports for each agenda item.
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Legislative Body Any quorum of any council, board, commission or standing committee (as defined in Government Code § 54952), or
other governing body of the City of Banning that is subject to the Brown Act (Government Code § 54950 et seq.). This includes the Banning City Council, Banning Successor
Agency to the former Redevelopment Agency, Banning
Housing Authority Board, Banning Utility Authority,
Banning Financing Authority, Planning Commission, Parks and Recreation Commission, Youth Council, Historic
Preservation Commission, and Budget and Finance
Committee, and any standing committee subject to the
Brown Act. The term “Legislative Body” does not include Non-Governing Bodies, as defined below.
Presiding Officer The Chairperson of the Legislative Body. For example, this refers to the Mayor when read in the context of the City Council, the Board Chair in the cases of the Successor
Agency to the Redevelopment Agency and/or the Housing
Authority, and the Chair of any Commission.
Vice Chair The vice chairperson to the Presiding Officer. For example, the Vice Chair means the Mayor Pro Tem in the case of the City Council, the Vice Chairperson in the cases of the
Successor Agency to the former Redevelopment Agency
and/or Housing Authority, and the Vice Chairperson of
any Commission.
Clerk/Secretary The person responsible for taking and maintaining the record of proceedings for all meetings, preparation of
agendas, calendar clerk, and custodian of rules, resolutions, ordinances and Legislative Body records. For example, the Clerk/Secretary refers to the Administrative City Clerk in the case of the City and the Agency Secretary in the cases of the Successor Agency to the former Redevelopment Agency and/or the Housing Authority.
General Counsel The legal advisor to the Legislative Body, such as the City Attorney in the case of a City Council meeting, or Agency Counsel in the cases of the Successor Agency to the former Redevelopment Agency and/orHousing Authority.
City Manager The Chief Executive Officer of the City, the Successor Agency to the former Redevelopment Agency, Housing
Authority, Financing Authority and Banning Utility
Authority. The City Manager may serve as the Secretary to the Successor Agency or Housing Authority, and the City Manager can designate appropriate staff to serve as the Clerk/Secretary to any Commission of the City.
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Non-Governing Bodies Wholly advisory committees and bodies that are not subject to the provisions of the Brown Act.
Sub-Legislative Bodies Such advisory committees which are subject to the Brown Act but are not “governing” Legislative Bodies.
Adjourned Meeting A meeting that is the continuation of a regular or special meeting which deals with unfinished business of the regular or special meeting.
These rules and procedures are enacted pursuant to authority granted by Government Code Sections 36813 and 54954. The purpose of this Manual is to provide procedures for Legislative Bodies that are consistent with the Brown Act and also to establish procedures that are convenient for the public and contribute to the orderly conduct of any Legislative Body’s business. The procedures herein are in addition to, and not in place of, Robert’s Rules of Order and any applicable ordinances and statutes. In the event of conflict between this Manual and applicable ordinances or statutes, the latter shall govern. In the event that any state statute referenced herein is renumbered, the reference herein shall be deemed to refer to the successor statute dealing with the same subject matter. If there is any conflict between Robert’s Rules of Order and this Manual, the provisions of this Manual shall govern.
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ARTICLE 2 – MEETINGS
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ARTICLE 2 – MEETINGS
2.1 Regular Meetings
Unless otherwise specified by a resolution or ordinance applicable to a specific Legislative Body, the regular meetings of all Legislative Bodies shall be held on the second and fourth Tuesday of each month at the time designated by the Legislative Body, in the Council Chambers at City Hall, 99 East Ramsey Street, Banning, California 92220, or at such other locations as the Legislative Body may from time to time designate by resolution, in the order of adjournment, or in the notice or call of any special meeting. In the event the day of a meeting shall be a legal holiday, said meeting shall be held on the next business day.
2.2 Special Meetings
The Presiding Officer may, when he or she deems it expedient, or upon the written request of a majority of the Legislative Body, call a special meeting of the Legislative Body for the purpose of transacting the business designated in the call. The means or method for calling such special meeting shall be as set forth in the Brown Act as it now exists or may hereafter be amended. At such special meeting, no business shall be considered other than as designated in the call.
2.3 Special Emergency Meetings
A special emergency meeting may be called by the Presiding Officer or by a majority of the Legislative Body where an emergency exists:
(a) A work stoppage, terrorist act or threat, crippling disaster or other activity which severely impairs public health or safety as determined by the majority of the Legislative Body; or
(b) Such other circumstance specified by State law as authorizing the conduct of an emergency meeting. Any special emergency meeting shall be called, noticed, and conducted only in accordance with the procedures set forth in State law.
2.4 Attendance
A majority of members of the Legislative Body shall constitute a quorum. Less than a majority may adjourn from time to time and may compel the attendance of absent members.
Except for City Council, any member who fails to attend any of the meetings of the Legislative Body for 60 consecutive days, unless such absences are excused, shall surrender the office, and be deemed to have surrendered the office. An absence is “excused” in non-emergency circumstances if the member provides the Clerk/Secretary with at least forty-eight (48) hours advance written notice of the member’s intended absence. In emergency circumstances, which is limited to a physical or family medical emergency that prevents a member from attending a meeting, an absence is “excused” if the member provides written notice of the member’s intended absence as soon as possible prior to the meeting.
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2.5 Workshops
The Legislative Body may meet informally in conference or “”workshops” regarding concerns of the Legislative Body to interchange information, provided that all discussions and conclusions shall be informal. Such meeting shall be called in the same manner as for special meetings or adjourned meetings, as applicable, and be subject to the Brown Act. Each notice shall indicate that an opportunity for public comment shall be provided before any matter shall be determined. When a meeting has been designated a Workshop, the Legislative Body shall not take any action with respect to the matter under review except with prior public notice, appearing on a properly posted agenda, of such intent to take action.
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ARTICLE 3 – NOTICE & AGENDA
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ARTICLE 3–NOTICE AND AGENDA
3.1 Notice and Agenda for Regular Meetings
For every regular Legislative Body meeting, the Clerk/Secretary, or their designee, shall post a notice of the meeting, specifying the time and place at which the meeting will be held, and an agenda containing a brief description of all the items of business to be discussed at the meeting as set forth herein. The notice and agenda may be combined in a single document.
The notice and agenda must be posted at least seventy-two (72) hours before the regular meeting in a location freely accessible to the public twenty-four (24) hours a day during the seventy-two (72) hour period and where the notice and agenda is not likely to be removed or obscured by other posted material. Specifically, the notice and agenda shall be posted at the place indicated below, and/or at such other location(s) as the Clerk/Secretary may designate:
CITY HALL LOBBY
CITY OF BANNING WEBSITE
3.2 Notice and Agenda for Special Meetings
For every special meeting, the Clerk/Secretary, or their designee, shall post a written notice specifying the time and place of the special meeting and the business to be transacted must be sent to each member of the Legislative Body (unless the member has filed a written waiver of notice with the Clerk/Secretary) and to each local newspaper of general circulation, and radio or television station that has requested such notice in writing. The notice shall serve as the agenda for the special meeting and shall contain a brief description of all the items of business to be discussed at the meeting as set forth herein.
The notice for a special meeting shall be conspicuously posted at least twenty-four (24) hours prior to the special meeting in a location that is freely accessible to the public twenty-four (24) hours a day and where the notice is not likely to be removed or obscured by other posted material. Specifically, the notice shall be posted at the place indicated below, and/or at such other location(s) as the Clerk/Secretary may designate:
CITY HALL LOBBY
CITY OF BANNING WEBSITE
3.3 Notice and Agenda for Adjourned Meetings
The Legislative Body may adjourn any regular, adjourned regular, special, or adjourned special meeting to a time and place specified in the order of adjournment. If a quorum is not present, less than a quorum may so adjourn. If all members are absent from any regular or adjourned regular meeting, the Clerk/Secretary may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be delivered personally to each member of the Legislative Body at least twenty-four (24) hours before the adjourned meeting. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special, or adjourned special meeting was held, within twenty-four (24) hours after the time of adjournment. When a regular or adjourned regular 527
meeting is adjourned as provided herein, the resulting adjourned regular meeting shall be a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings.
If the subsequent meeting is conducted within five (5) days of the original meeting, matters properly placed on the agenda for the original meeting may be considered at the subsequent meeting. If the subsequent meeting is more than five (5) days from the original meeting, a new agenda must be prepared and posted pursuant to Government Code Section 54954.2.
3.4 Affidavit of Posting
Immediately following the posting of the notice and agenda, the Clerk/Secretary, or their designee, shall complete an Affidavit of Posting, in a form to be developed by the Clerk/Secretary.
The Affidavit of Posting shall indicate the time of the posting, the location(s) ofthe posting, and shall be signed under penalty of perjury. The Clerk/Secretary shall retain allsuch affidavits, together with a copy of each notice and agenda so posted. The affidavit, notice, and agenda shall be retained at least two (2) years subsequent to the date of posting, and pursuantto Government Code Section 34090, shall not be destroyed by the Clerk/Secretary thereafter except in accordance with the City’s record retention policies.
3.5 Preparation of Agendas
Barring insurmountable difficulties, the agenda shall ordinarily be delivered to the members of the Legislative Body on Friday (as an informal deadline) preceding the meeting to which it pertains. The agenda shall also be available to the general public at the time it is delivered to the members of the Legislative Body, or in any case as required by the Brown Act.
Any Legislative Body member may have the City Manager place any business on the agenda that should be discussed under the item of the regular meeting agenda titled “New Items.” Any Legislative Body member desiring to present a subject for the Legislative Body’s consideration shall advise the City Manager’s office of that fact not later than 12:00 noon on the Tuesday of the week preceding the meeting at which the member wishes the subject to be considered. The matter shall then be listed on the next agenda for discussion under Item 11 (New Items) of the regular meeting agenda. The Legislative Body shall then determine whether the proposed item should be a future agenda item for discussion and deliberation by consensus. The City Manager shall advise the Legislative Body member of constraints affecting staff’s ability to produce an agenda report, and when the matter should be scheduled.
Notwithstanding the foregoing, the City Manager generally has responsibility for setting the agenda for the Legislative Body (except for any other legislative body where the responsibility may be assigned to the City Manager’s designee) and may place matters on the agenda in accordancewith the City Manager’s evaluation of administrative priorities and resource capacities of the City.
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3.6 Description of Matters
All items of business to be transacted or discussed at a meeting of the Legislative Body, shall be briefly described on the agenda. The description may, but need not, set out the specific action or alternatives which will be considered by the Legislative Body, but should contain sufficient detail so that a person otherwise unaware could determine the general nature or subject matter of the item by reading the agenda. The description of closed session matters shall meet the requirements of Government Code Section 54954.2 and, where applicable, Section 54954.5.
Matters may be designated as “New Items” and listed for the sole purpose of determining if they will be on a future agenda.
3.7 Action Items
(a) Items may formally be adopted by an ordinance, a resolution, minute order, or other motion (thereafter recorded by minute entry). Technically, all three are equally as legally effective and binding but vary in the formality of respective memorialization. While most actions will be presented to the Legislative Body in a written form prior to, or at, the meeting, the Legislative Body may amend any proposed action as written by carried motion of the Legislative Body at the time of its presentation for adoption. If an action as written is amended by the Legislative Body, it shall be revised to reflect the Body’s amendments for later execution by the Presiding Officer.
(b) Besides ordinances and resolutions, action can be taken by motion and recorded as a minute order. A “minute order” denotes a Legislative Body action which is recorded simply by an item entered in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it.
(c) As a general rule, a recorded majority of the quorum for a Legislative Body may take an action. However, for the City Council, resolutions, orders or the payment of money, and all ordinances require a recorded majority vote of the total membership of the City Council.
Some actions, such as the passage of an urgency ordinance or adoption of a resolution of necessity to condemn property, require a super-majority vote. Under the Political Reform Act of 1974, a member with a financial conflict of interest regarding a matter before the member’s board must leave the room while that matter is being discussed, heard, or acted on, so that member cannot be counted towards the quorum for that matter.
3.8 Resolutions
(a) A “resolution” is a formal action with findings taken by the Legislative Body, generally pre-prepared in writing, designated by sequential number, and reference to which shall be inscribed in the minutes and an approved copy of each resolution filed in the official book of resolutions of the Legislative Body. Resolutions are used when specifically required by law, when needed as a separate evidentiary document to demonstrate findings or to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document (with the additional “whereas” explanatory material it often recites) to facilitate such future reference and research.
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(b) A resolution may be adopted at the same meeting it is presented. Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed in Article 10, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. (c) Where a resolution cannot reasonably be prepared in advance of a meeting, the Legislative Body may instruct the City Manager or the General Counsel to prepare aresolution for presentation at the next Legislative Body meeting. Where urgent, a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure in Article 10, shall be followed.
3.9 Ordinances (City Council Only)
(a) The City Council is the only Legislative Body empowered to amend the Banning Municipal Code by adoption of ordinances.
(b) Ordinances, other than urgency ordinances, require at least two readings at different meetings held at least five days apart with the first reading considered to be introduction of the ordinance and the second adoption.
(c) A waiver of further readings requires a majority vote of the Council members present and voting. The waiver of further reading may be accomplished by one vote for all ordinances presented on the agenda of the present meeting. Government Code Section 36934. (d) The Clerk/Secretary shall prepare copies of all proposed ordinances for distribution to all members of the City Council at the meeting at which the ordinance is introduced, or at such earlier time as is expedient. Ordinances shall be numbered and kept by the Clerk/Secretary with the same formality as resolutions as described above in Section 3.8. (e) An urgency ordinance is an ordinance adopted for the immediate preservation of the public peace, health, and safety, containing a declaration of facts constituting the urgency. An urgency ordinance takes effect immediately and requires a four-fifths vote of the City Council for passage pursuant to Government Code Section 36937.
3.10 Agreements
When any agreement is to be considered by the Legislative Body, the complete agreement, if complete in form for execution, shall be made a part of the agenda package presented to the Legislative Body and shall be made available for viewing by the public within the time frames required under the Brown Act and/or the California Public Records Act (Government Code Sections 7920.000 et seq.). The Legislative Body may choose to leave the final form of the contract to the discretion of General Counsel if the Legislative Body has determined the general conditions of the contract.
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3.11 Limitation of Actions by Agenda
No action or discussion shall be taken by the Legislative Body, on any item not appearing on a posted agenda, subject only to the exceptions listed in Section 3.13 below. “Action taken” as used herein shall mean a collective decision made by a majority of the Legislative Body, a collective commitment or promise by a majority of the Legislative Body to make a positive or a negative decision, or an actual vote by a majority of the Legislative Body upon a motion, proposal, resolution, order, or ordinance.
3.12 Public Comment Period
Pursuant to Government Code Section 54954.3, every agenda posted for any meeting shall contain an item entitled “Public Comment” in order to provide for an opportunity for the public to address the Legislative Body on items of interest to the public within the Legislative Body’s subject matter jurisdiction. The public comment period should be conducted in accordance with Article 6.
3.13 Exceptions to Agenda Requirement for Action Taken
The Legislative Body may take action at a meeting on an item not appearing on the agenda for that meeting only under one of the following circumstances:
(a) Upon a majority determination that an “emergency situation” exists that is either (i) a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, or (ii) a dire crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a Legislative Body to provide one-hour notice before holding an emergency meeting may endanger the public health, safety, or both. All discussion of such emergencies must be in open session. (b) Upon a determination by a two-thirds (2/3) vote of the Legislative Body, or if less than two-thirds (2/3) of the Legislative Body are present by a unanimous vote of those members present, that the need to take action arose subsequent to the agenda posting. For the purposes of this subsection, the term “need to take action” shall mean those circumstances whose occurrence creates a situation which is materially different from that which existed at the time the agenda was posted, and which requires the immediate attention of the Legislative Body. The mere failure of any person to notify the Legislative Body or staff of a pre-existing situation requiring Legislative Body attention until after the time for the posting of the agenda shall not be deemed to constitute a “need to take action” hereunder. If the Legislative Body makes a determination pursuant to this subsection, the minutes of the meeting at which the determination is made shall reflect what circumstances gave rise to the “need to take action” and why the item could not be placed on the agenda.
3.14 Minutes and Recordings
(a) An account of the actions taken in all proceedings of the Legislative Body in open meetings shall be kept by the Clerk/Secretary. The Clerk/Secretary shall prepare a record of the actions taken by the Legislative Body during open meetings, which when adopted by the Legislative Body shall be the official Minutes of the meeting. Amendment of the Minutes may be 531
made only as to factual accuracy of the actions taken and not as to a change of intent. The Minutes of the meetingshall not be verbatim or summary. Only the best and most complete available audio recording of the meeting shall constitute the official record of the Legislative Body, but the Minutes shall constitute the official record of the Legislative Body meeting where a verbatim audio record of the meeting is not available.
(b) If members of the Legislative Body make comments during a meeting of the legislative body, the members may not request that the Clerk/Secretary attach written comments to the Minutes that are verbatim of the comments made during the meeting. (c) Any recording of a meeting made by or at the direction of the Legislative Body is a public record that must be retained and made available to the public in accordance with the Public Records Act. The Legislative Body must provide to the public, without charge, equipment to review the recording.
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ARTICLE 4 – CLOSED SESSIONS
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ARTICLE 4 – CLOSED SESSIONS
4.1 Generally
The Legislative Body may hold closed sessions during a regular or special meeting, or at any time otherwise authorized by law, to consider or hear any matter which it is authorized by State law to hear or consider in closed session. Public comment shall be permitted on closed session matters prior to the closed session. If a closed session is included on the agenda, the description of the item shall meet the requirements of and shall identify the statutory basis for the closed session. During closed session, the Legislative Body shall exclude all persons which it is authorized by State law to exclude from a closed session. There shall be no closed session during any special emergency meeting. Closed session may not be held regarding a matter not listed on a properly posted agenda for closed session except upon the Legislative Body first taking action to place the item on the agenda as a closed session item as permitted by law.
4.2 Persons Authorized
Persons present in the closed session shall be only those persons necessary to the discussion of the matter under consideration. All other persons shall be excused. The Clerk/Secretary shall attend each closed session of the Legislative Body and keep and enter into a minute book a record of any reportable decisions made at the meeting, unless attendance is excused.
4.3 Confidentiality
The minute book for any closed session is not a public record and shall be kept confidential and shall be available only to members of the Legislative Body or as otherwise provided by law. (Government Code § 54957.2(a).) No person attending a closed session shall publicly discuss or otherwise reveal the proceedings in the closed session unless such publication has been approved by the vote of the Legislative Body taken during the closed session or as otherwise required by law. Violation of this rule shall subject the violator to censure by the Legislative Body as provided in Section 9.5 herein.
4.4 Public Reports
Before recessing into closed session, the Presiding Officer or General Counsel shall announce that the Body is recessing into closed session and shall name each closed session topic that will be discussed in closed session in at least as much detail as provided on the agenda.
Upon leaving closed session, the Presiding Officer or General Counsel shall report publicly any reportable actions taken on a closed session matter and, if any vote was taken, shall announce that the matter was put to a vote, the results of the vote, and how each Legislative Body member voted.
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ARTICLE 5 – ORDER OF BUSINESS
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ARTICLE 5 – ORDER OF BUSINESS
5.1 Order of Business
The order of business of each meeting shall be as contained in the agenda prepared by the Clerk/Secretary unless the majority of the Legislative Body members consent to take items out of order. The order of business at meetings of the Legislative Body may be as follows, in accordance with the procedures specified below:
1. Call Meeting to Order.
• Pledge of Allegiance
• Roll Call
2. Agenda Approval.
3. Presentations.
4. Closed Session Report, if applicable.
5. Public Comments, Correspondence, Appointments, and Reports.
6. Consent Items. (See Section 5.3 below.)
7. Public Hearings.
8. Reports of Officers.
9. Discussion Items.
10. Announcements from Legislative Body Members.
11. Items for Future Agendas (New Items; Existing Items).
12. Adjournment.
5.2 Call to Order
The meeting of the Legislative Body shall be called to order by the Presiding Officer, or the Vice-Chair in the Presiding Officer’s absence. In the absence of both the Presiding Officer and Vice Chair, the meeting shall be called to order by the Clerk/Secretary and the three Legislative Body members present shall elect by majority vote a Presiding Officer for that meeting.
5.3 Consent Items
Matters of a routine or generally uncontested nature and non-controversial, shall be placed on the agenda as Consent Items and may be approved by the Legislative Body in a single motion by adoption of the Consent Calendar. Matters of a routine or generally uncontested nature and non-controversial may include a matter where the City Manager believes (i) the matter would most likely be unanimously approved by the Legislative Body, or (ii) there is not likely to be public comment on the matter, or (iii) a public presentation of the matter would not be particularly beneficial to the community or public interest. The approval of the Consent Calendar shall signify the approval of each matter or recommendation included therein. All matters on the Consent Calendar shall be the subject to public comment procedures in Article 6. Upon the request of any member of the Legislative Body or upon the request of a member of the public made throughthe Presiding Officer, a matter may be removed from the Consent Calendar for separate discussion and/or action. Any such item shall be considered as part of the Excluded Consent Calendar. Each matter proposed for consideration as part of the Consent Items, including any recommended action, shall be described on the notice and agenda posted for the meeting. Ordinances shall not be 536
placed on the Consent Calendar for approval unless the ordinance has first been read or the reading of the ordinance has been waived as required by law.
5.4 City Representatives and Advisory Bodies (City Council Only) (a) From time to time the Council may be required to assign a representative of the City to non-City boards, commissions, or organizations (e.g., boards or commissions of another agency or joint powers authority). Except as otherwise required by law or by the policies of the non-City organization, the Mayor shall make all such appointments of City representatives on nonCity organizations after consultation with the City Council. Council appointments to non-City organizations shall be considered and made with the goal of keeping the appointee in the organization for a long enough period of time that the appointee may gain seniority and/or a position of leadership within the organization. This goal shall be construed to mean that the same appointee should remain within a non-City organization for at least two years where reasonably possible and convenient for said appointee. Nothing herein, however, shall be construed to limit or waive the City Council’s power to remove appointees pursuant to subsection (c) below. (b) The City Council shall have the power to establish advisory committees, commissions, other Legislative Bodies and Non-Governing Bodies. Any committee which is (i) established by ordinance, resolution, or other formal action, (ii) has a fixed regular meeting schedule, (iii) has continuing subject matter jurisdiction over a non-temporary issue, (iv) which continues to conduct business in excess of 180 days, or (v) has a majority membership of officials from other Legislative Bodies, shall be subject to the provisions of the Brown Act.
Advisory bodies and committees may take the following form:
i) The Council may, as the need arises, authorize the appointment of “ad hoc” Council committees composed of two members. Except where otherwise specifically provided by law, the Presiding Officer shall appoint the members of the Council committees, subject to the approval of the Council. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Council. ii) The Council may, subject to the Brown Act, create other committees, boards, and commissions, whether Legislative Bodies or Non-Governing Bodies, to assist in the conduct and operation of the City government with such jurisdiction and duties as the Council may specify. Except as otherwise required by law, the Mayor shall make appointments of members to such committees, boards, or commissions subject to the approval of the Council. The procedure of filling vacancies and provision of notice thereof shall be subject to the provisions of the Maddy Act (Government Code, Sections 54970-54974).
iii) Sub-Legislative Bodies, including Non-Governing Bodies, shall be responsible for reporting the Body’s activities to the City Council. The members of a SubLegislative Body or Non-Governing Body shall operate within the jurisdiction established by the Council and shall not have authority to make subcommittees unless specifically granted such authority by action of the City Council. Staff members may be assigned to assist any Councilcreated committee by the City Manager; staff members so assigned shall not be members of the committee unless specifically appointed as such by action of the Council. 537
(c) Absent any other provision to the contrary, members of any non-City organization, or City committees, boards or commissions may be removed by the Council without cause by a majority vote of the City Council. Any member of the City Council may place the question of such removal on the agenda. Any committees, boards, or commissions so created may be abolished by a majority vote of the City Council by repeal of the enacting ordinance or resolution.
5.5 Budgets
The City Council shall have the power to approve the City budget, and each Legislative Body shall have the power to approve the budget of funds specifically apportioned to control of that Legislative Body (e.g., the Successor Agency Board shall approve the budget of the Agency and the Housing Authority Board shall approve the budget of the Authority). Approval of the budget constitutes approval of a proposed plan of expenditures and revenues. It does not constitute an authorization for expenditure. With respect to any given expenditure the applicable procedure shall be followed. Adoption of the budget does not, unless otherwise specified by resolution, constitute authorization for any specific employment class or position.
5.6 Items from Members, the City Manager, and the City Treasurer (a) There is a specific item on the agenda - “Announcements from Legislative Body Members” - for receiving general comments, announcements, and/or suggestions from members of the Legislative Body. This can be used to inform the public concerning upcoming events, report on members’ attendance at conferences and seminars, and for requests by members that staff look into specific matters. These matters may not be discussed, opined upon, or deliberated, and if they do not concern a matter on the agenda, shall be handled by the Presiding Officer according to the same procedures set out for Public Comment in Section 6.2. No action may be taken on such matters without being placed on a subsequent agenda. (b) There is an agenda item referred to as “New Items.” Matters are listed under this item pursuant to Section 3.5 where a member has asked that the matter be scheduled for discussion of whether a future staff report should be prepared. The listing of the matter allows a discussion of whether a staff report should be prepared, or it may be held in the “Existing Items” section of the agenda to keep track of if the City Council determines that a staff report should be prepared for a future agenda.
(c) There is an agenda item referred to as “City Manager’s Report.” This may be used by the City Manager similarly to the item for members of the Legislative Body in Subsection (a) above to make announcements without separately listing the matter on the agenda,and subject to the same restriction that there may be no discussion or action on such matter. (d) There is an agenda item referred to as “City Treasurer’s Report.” The City Treasurer shall attend the meetings of the Legislative Body, unless excused. The City Treasurer may report on (i) the activities of the Budget and Finance Committee, and (ii) the duties of the City Treasurer as imposed under State law, except such duties otherwise delegated by the City Council to the City Clerk or the Administrative Services Director. 538
(e) There is an agenda item referred to as “City Council Committee Reports.” Under this agenda item, City Council members may report on meetings of committees that City Council members are assigned to attend.
539
ARTICLE 6 – PUBLIC COMMENT AND PRESENTATIONS
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ARTICLE 6– PUBLIC COMMENT AND PRESENTATIONS
6.1 City Council Meeting Presentations
City Council presentations are for providing information to the Mayor and Council, City management, and the community about activities of interest and value, including activities, events and infrastructure projects relating to the City, honors and celebrations for organizations, corporations and residents which reflect their service to the Banning community, honors, and recognitions for City staff for outstanding service or commitment to the City’s mission and goals. Please Note: This is not the appropriate time to seek funds from the City and/or endorsements from City Council or discuss politics.
All presentations are to be no more than five minutes in length, including all speakers for the group being recognized. Please see the attached “Exhibit B” for a complete copy of the Banning City Council Meeting Presentation Policy contained and incorporated as an exhibit to this Manual.
6.2 Public Comment
At the beginning of any Legislative Body meeting, the public shall be afforded the right to comment on any and all issues (not on the agenda) within the subject matter jurisdiction of the Legislative Body. Such general public comment on non-agendized issues shall be taken at the beginning of the meeting under a “Public Comments” heading. Each speaker will be limited to a maximum of three (3) minutes to provide comments on non-agendized issues. With regard to matters not on the agenda, the Legislative Body may ask questions of persons whoraise new matters during the Public Comment period or otherwise. However, all Legislative Body questions must be limited to facts-only informational inquiries, and the Legislative Body may not discuss the merits, express any opinions, or ask questions that convey opinions or thought processes with respect to any non-agendized issue. The public shall also be afforded the right to comment on every item appearing on the agenda prior to the Legislative Body’s consideration of that item, as provided in Section 6.5 below.
6.3 Time Limitations
The time limit to speak for public comments is five (5) minutes during a noticed public hearing and to provide comments on all other agendized items, provided that these limits do not apply to a project applicant speaking at a public hearing pursuant to Article 7. All such time limits shall be noticed on the agenda for the meeting. Notwithstanding these time limits, the Presiding Officer has the full prerogative to maintain meeting order and decorum as provided in Section 9.1 and Article 9 generally, and the Presiding Officer may reasonably reduce the time if there are a significant number of speakers or extend time if he/she finds such extension is reasonably necessary to allow the speaker to complete his/her message without repetition or unnecessary tangents.
6.4 Reserved
6.5 Additional Procedures for Public Comment on Agenda Items 541
(a) Members of the public shall have the opportunity to address the Legislative Body on each and every item listed on the agenda. Public comment on agenda items must be heard prior to the Legislative Body’s consideration/discussion of the item. Public comments on an agenda item may be heard either in combination with the Public Comment period at the start of the meeting, or at the time the Legislative Body opens the item, orboth, as determined by the Legislative Body and set forth in the agenda.
(b) The purpose of the public comment period is to receive input from the public, not to create a debate between the Members and the public. Members should generally refrain from debating members of the public during the period for public comment, but if Members desire to clarify comments by members of the public, they may ask factual questions, and if necessary, should do so during the public comment period.
(c) The Presiding Officer should clearly open and close the public comment period.
After the close of the public comment period or after a motion has been made, no member of the public shall address the Legislative Body without first securing permission of the Presiding Officer.
542
ARTICLE 7 – NOTICED PUBLIC HEARINGS
543
ARTICLE 7– NOTICED PUBLIC HEARINGS
7.1 Public Hearings; Notice; Fairness
(a) Matters noticed to be heard by the Legislative Body shall commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until the same has been completed or until other disposition of the matter has been made. (b) Legislative Body members shall not overtly or implicitly promise a particular action by City staff or by any Legislative Body. Where a Legislative Body member is contacted about an issue that will be presented to any Legislative Body of the City, it is appropriate to give a brief overview of City policy, to refer to City staff for further information, or to suggest that the concern be brought to the whole Council at the hearing or Council meeting, as appropriate. (c) All public hearing notices shall be issued and published in compliance with any statutory notice requirements applicable to the particular hearing at issue and such notice shall inform interested persons of the statute of limitations to challenge the validity any action taken Legislative Body on such matter.
(d) In all matters before a Legislative Body, whether public hearing or otherwise, the Legislative Body must judge the matter fairly and without personal bias. Although every Legislative Body member has a right to their own personal opinions, Legislative Body members should by their demeanor show an ability to listen to a variety of viewpoints and demonstrate a reasonable willingness to consider all sides of an issue before them. For quasi-adjudicative matters involving public hearings, the members of the Legislative Body shall not prejudice the matter prior to the public hearing, shall be fair and impartial, and shall decide the matter based upon the evidence and the statutorily required findings.
(e) For such matters, Legislative Body members should avoid expressing an opinion or divulging their thought process until after the public hearing has been completed.
7.2 Continuance of Hearings
(a) Any hearing being held or noticed or ordered to be held by the Legislative Body may, by order or notice of continuance, be continued, or re-continued to any subsequent meeting in the manner provided for adjourned meetings.
(b) When it is the decision of the Legislative Body to continue an item, which appears on the agenda, prior to hearing any report, testimony or taking evidence on the item, the Legislative Body may make such intent known at the beginning of the meeting. At that time, the public shall be offered the opportunity to speak regarding the intent to continue the item. At the time regularly scheduled for the hearing of the item, the Legislative Body shall then take action to continue the item after again informing the public of the intent to continue the matter. No testimony or evidence shall be taken at that time unless the speaker will not be available at the continued hearing date. (c) When the Legislative Body has continued the public hearing on an item after its commencement, persons testifying at the first public hearing shall be permitted to again address the Legislative Body on the item at the renewed hearing subject to the finding of the Presiding 544
Officer that the testimony is redundant. Upon such finding the time allotted fortestimony by the individual may be summarily reduced.
(d) Continuances of a public hearing to a date certain need not be re-noticed unless (i) the hearing has not been continued to a date certain, or (ii) has been continued three or more times and the Presiding Officer believe confusion may be created as to the time of the hearing.
7.3 Conduct of Hearings
(a) When a matter for public hearing comes before the Legislative Body, the Presiding Officer shall request that staff present the staff report and any other relevant evidence, but the presentation of the staff report prior to the formal opening of the public hearing shall not prevent its consideration as evidence. Any such evidence shall be made a part of the record of the public hearing. The Presiding Officer shall permit members of the Legislative Body to ask questions of staff but should prevent expressions of opinion by members of the Legislative Bodybefore the conduct of the hearing.
(b) The Presiding Officer shall thereafter open the public hearing and inquire if there are any persons present who desire to address the Legislative Body on the matter. Any person desiring to speak or present evidence upon being recognized, may speak or present evidence relevant to the matter being heard. Any testimony shall be truthful. (c) Members of the Legislative Body who wish to ask questions of the speakers, during the public hearing portion, may do so but should be mindful that the purpose of the public hearing is to obtain testimony and evidence from the speakers, and not to debate the merits of the matter with speakers. Members should avoid debate and expressions of personal opinion until after the close of the public hearing. Unlike public comment periods, generally there should be no response to speaker comments until after the close of the hearing. The Presiding Officer shall conduct the hearing in such a manner as to afford due process to all affected persons. (d) All persons interested in the matter being heard by the Legislative Body shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented shall be retained by the Clerk/Secretary as part of the record. Each speaker may only speak once during the public hearing unless the Legislative Body requests additional clarification later in the process.
(e) Upon closing of the public hearing by the Presiding Officer, no additional public testimony shall be solicited or received by the Legislative Body without reopening the public hearing. If, however, the Legislative Body receives relevant new evidence after the close of the public hearing and such new evidence may impact the Legislative Body motion or vote, the Legislative Body may re-open the public hearing to obtain public comments upon such new evidence.
(f) The Presiding Officer has the prerogative to establish special rules, such as to require group spokesmen, to limit the number of speakers, to limit the total time for testimony, to allow speakers to give time to others, or otherwise control the hearing, provided that (i) speakers are treated fairly, and that (ii) any such special rules are announced in advance of their application.
The Presiding Officer always retains the prerogative to cut off speakers who are unduly repetitious, 545
and to permit the extension of time to speakers.
7.4 Extra-Meeting Contacts on Matters Set for Public Hearing (a) Legislative Body members should minimize their contacts with, applicants, or other persons who will be the subject of a quasi-adjudicative public hearing matter to be heard before the Legislative Body. Legislative Body members should avoid extra-meeting contacts with persons who will be the subject of a public hearing before the Body or with advocacy groups or special interests.
(b) If a Legislative Body member is contacted directly by such person outside the meeting setting, the member shall refrain from expressing any viewpoints or thought processes to the person until after the public hearing. The Legislative Body member may explain that they are unable to express any viewpoint on the matter until all evidence has been heard in the course of a public hearing and should encourage any such person to present their position in writing or orally at the public hearing.
(c) At the commencement of the public hearing, the Legislative Body member must disclose publicly any extra-meeting contacts or discussions had which may be relevant to the decision.
(d) The limitations set forth in this Section shall not be read as preventing a Legislative Body member from inspecting a site that will be relevant to a public hearing, although such sight inspection should be disclosed on the record at the beginning of the public hearing. 546
ARTICLE 8 – MEETING OFFICERS
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ARTICLE 8 - MEETING OFFICERS
8.1 Presiding Officer
(a) The meeting shall be presided over and chaired by the Presiding Officer, or, in the Presiding Officer’s absence, the Vice Chair. The Presiding Officer shall have the authority to rule any speaker out of order, including speakers during the public comment period if the subject raised is not within the subject matter jurisdiction of the Legislative Body, or during a public hearing if the speaker is not presenting testimony or evidence relevant to the matter which is the subject of the public hearing. The Presiding Officer shall have the responsibility for the conduct of meetings in an orderly manner and to prevent the obstruction of business, and in carrying out this responsibility shall have the authority to give the floor to any member of the Legislative Body or the public by recognizing them, to prevent the misuse oflegitimate forms of motions or privileges, to take matters up out of order, to caution speakers as to disruptive behavior, and to order any persons willfully interrupting the meeting to be removed from the room, including as provided in Article 9.
(b) The Vice Chair shall generally take the place of the Presiding Officer in the absence of the Presiding Officer. In the absence of the Vice Chair, the Presiding Officer may call any other member to take his or her place as Presiding Officer; such substitution not to continue beyond adjournment.
(c) Any determination made by the Presiding Officer may be appealed by the making of a Motion to Appeal the Ruling by any other member of the Legislative Body. The Presiding Officer’s determination will stand unless a majority of the Legislative Body members vote in favor of the Motion to Appeal the Ruling, in which case the ruling of the Presiding Officer will be overridden. The Motion to Appeal the Ruling is governed by the Chart of Motions attached as Exhibit A.
8.2 Representation of Legislative Body
(a) The Mayor is the designated representative of the City and the City Council for purposes of presenting and expressing the official City position on an issue. If individual members of the Council or other Legislative Bodies are contacted by the media for a statement of official City position, the member should refer such inquiries to the Mayor. Otherwise, public or media statements by a Legislative Body member should be clearly characterized as comments upon a personal viewpoint.
(b) Members of the City Council may use official City letterhead to correspond with other public officials and with consultants, but any such correspondence shall state that the views expressed therein are personal and not the position of the City unless the City Council has officially adopted such position. No other Legislative Body may take a position officially representing the City unless authorized to do so by the City Council.
8.3 Email and Social Media Policy
(a) Members of the Legislative Body are provided with City email accounts which may be utilized for the conduct of City business, including communications with constituents. 548
Members should be aware that all such communications may be subject to the Public Records Act (Government’ Code Section 7920.000 et seq.). The use of private email accounts for City business may also make them subject to disclosure.
(b) Members of the Legislative Body are subject to the Brown Act in the use of email and social media.
(c) Email communications may not be used to develop a collective consensus or decision on any matter. Email communications to the entire Body should be avoided but may be permitted to provide factual information, such as arranging an event, where no discussion or exchange of opinions on a matter within the jurisdiction of the Legislative Body is initiated or occurs.
(d) Members of the Legislative Body may engage in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the Legislative Body. A majority of the Legislative Body members shall not use any internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the Legislative Body.
A Legislative Body member shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the Legislative Body that is made, posted, or shared by any other member of the Legislative Body.
8.4 Clerk/Secretary
The Clerk/Secretary, or their deputy, shall attend all meetings of the Legislative Body unless excused and shall keep the official minutes and perform such other duties as may be requested by the Legislative Body.
8.5 City Manager
(a) The City Manager, or designee, shall attend all meetings of the Legislative Body unless excused. The City Manager may make recommendations to the Legislative Body and shall have the right to take part in all discussions of the Legislative Body but shall have no vote. The City Manager shall provide the Legislative Body with a staff report providing sufficient information to be the basis for any action by the Legislative Body at its meeting. Any officer or employee of the City, when directed by the City Manager, shall attend any meeting of the Legislative Body, and may present information relating to matters before the Legislative Body. (b) The City operates under the city manager form of government (Government Code Section 34851 et seq.). The City Manager has the power to: (i) administer the day-to-day affairs of the City; (ii) hire and fire City employees (except the City Attorney); and (iii) perform such other functions as the City Council chooses to authorize by ordinance. The City Manager shall carry out the City Council’s policy direction through the day-to-day management of City functions.
City Councilmembers may not individually provide direction to the City Manager. 549
8.6 General Counsel
(a) The General Counsel, or deputy, shall attend all meetings of the City Council unless excused and shall upon request of any member give an opinion, either written or oral, on questions of law. The General Counsel, or deputy, shall attend all meetings of such other Legislative Bodies as directed by the City Council or City Manager. The General Counsel serves as advisory parliamentarian for the City and is available to answer questions or interpret situations according to parliamentary procedures. Final rulings on parliamentary procedure are made by the Presiding Officer, subject to the appeal of the full Legislative Body pursuant to Section 8.1 above. All ordinances and resolutions, all contracts, deeds, and easements or other legal instruments shall be approved as to form by the General Counsel. Agreements may be approved as to form by the General Counsel when exceeding purchasing ordinance and policy guidelines. In any case of ambiguity or uncertainty in the interpretation or application of this Manual to any procedure, the Presiding Officer may direct such question to the General Counsel for a ruling. (b) Any member of the Legislative Body may request from the General Counsel a legal opinion regarding any matter related to the interests of the City. Where a legal opinion involves substantial cost, the request for the opinion must first be approved by the City Manager or by a majority of the Legislative Body. The General Counsel is the legal representative of the City acting through its Legislative Body. There is a continuing legal question as to whether the General Counsel may have an attorney-client relationship with any individual member of the Legislative Body or the City staff. As a consequence, any discussion with the General Counsel which leads to the conclusion that the interests of the City are at risk must be revealed to all relevant members of the Legislative Body and the City staff by the General Counsel. The General Counsel shall not have an attorney-client relationship with individual Council members. The General Counsel is required to maintain the confidentiality of such communications from persons outside the City to the extent required or permitted by law and the code of ethics. (c) The General Counsel has no statutory duty or authority under the Political Reform Act to provide Political Reform Act advice to any Legislative Body member but should provide advice to members when requested. However, a Legislative Body member may not rely on advice from the General Counsel to provide him or her with immunity from FPPC enforcement or prosecution. Such immunity may be obtained only through a written advice letter obtained from the FPPC, on the question in issue, by the Legislative Body member. A Legislative Body member enjoys no privilege of attorney/client confidentiality in reviewing these matters with the General Counsel. Any advice given to an individual member of a Legislative Body cannot be withheld from the rest of the City or Legislative Body. If, after receipt of an opinion of the General Counsel, the Legislative Body member wishes to participate in the decision-making process with immunity from prosecution or enforcement, the General Counsel shall assist the Legislative Body member in making direct contact with the FPPC for informal or formal advice upon which the Legislative Body member can rely.
(d) [City Council Only]. It often happens that other jurisdictions or the League of California Cities or other regional or statewide association will ask the City to participate in the filing of a letter or brief before a court in a matter deemed to be of concern to all or a great many cities. These “friend of the court” or “amicus” briefs have the effect of informing the court how widespread will be its opinion and how that opinion will affect cities. Such participation is 550
normally without direct cost to the City. In considering whether to direct General Counsel to file an amicus brief, the City Council shall consider whether such brief would represent or propose a position that conflicts with, or causes strife amongst, other City- related interests such as, without limitation, the interests of employee organizations, law enforcement or public safety. i) Upon receipt of the request, the General Counsel shall make the request available through the City Manager to the Council. Upon a determination by any Council member that there is an interest in participating in the action in the manner proposed, the Council member shall inform the City Manager or General Counsel who shall place the matter as an item for discussion in closed session on the agenda of the next Legislative Body meeting. The General Counsel may otherwise place an amicus request on the agenda on his or her initiative. ii) In lieu of the foregoing process, where there is urgency to the matter, General Counsel is authorized to undertake the filing of the letter or brief where (i) in the opinion of General Counsel the legal matter significantly affects the interests of the City, (ii) the General Counsel has consulted with and received the approval of the City Manager, (iii) the cost to the City will not exceed $5,000, and (iv) the General Counsel makes a written report of the action to the Legislative Body.
iii) Approval given to the General Counsel to defend, or seek or refrain from seeking, appellate review or relief, or to enter as an amicus curiae in any form of litigation as the result of a closed session consultation shall be reported in open session at the public meeting during which the closed session is held. The report shall identify, if known, the adverse party or parties and the substance of the litigation. In the case of approval given to initiate or intervene in an action, the announcement need not identify the action, the defendants, or other particulars, but shall specify that the direction to initiate or intervene in an action has been given and that the action, the defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the agency’s ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage.
8.7 Conflicts of Interest
All Legislative Body members are subject to the provisions of California Law, such as Chapter 1, Title 9, of the California Government Code, relative to conflicts of interest, and to conflicts of interest codes adopted by the Legislative Body. Any Legislative Body member prevented from voting because of a conflict of interest shall refrain from in any way participating in the matter giving rise to the conflict. Where abstention from a matter is made on the basis of a conflict of interest arising from a financial interest in the decision, the Legislative Body member shall announce their abstention from the matter when it is first opened, and then shall set forth the reason for the abstention with the degree of specificity at least equal to the disclosure of the Legislative Body member’s financial interests on the Legislative Body member’s annual statement of financial interests; immediately after such announcements, the Legislative Body member shall leave the room. The Legislative Body member shall not overhear the staff report, participate in the discussion or deliberations, and shall not otherwise make or participate in making the decision or in any way attempt to use his or her official position to influence the decision. This shall not prevent the conflicted Legislative Body member from coming before the Legislative Body solely 551
during the public comment period as an affected citizen to state his/her opinion on how the matter impacts their disqualifying interests.
8.8 Reserved
8.9 No Financial Interest in Agreements
A member of a Legislative Body shall not have a financial interest in an agreement within the meaning of (Government Code Section 1090 et seq.) made in their official capacity. An agreement in which a Legislative Body member has a financial interest shall be null and void whether the member participates in the making of the contract or not, unless a remote or noninterest exception applies under Government Code Sections 1091 or 1091.5.
8.10 Ethical Standards
A member of a Legislative Body shall maintain the highest ethical standards and shall adhere to all laws and the ordinances and regulations of the City in carrying out their duties.
8.11 Confidential Information
No Legislative Body member may disclose confidential information to any unauthorized person. A violation of this rule shall subject the violator to censure by the Legislative Body as provided in Section 9.5 herein.
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ARTICLE 5 – DECORUM AND ORDER
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ARTICLE 9– DECORUM AND ORDER
9.1 Decorum and Order – Legislative Body Members
(a) Any member of the Legislative Body wishing to speak, or any member of the public wishing to address the Legislative Body must first obtain the floor by being recognized by the Presiding Officer. The Presiding Officer must recognize any member of the Legislative Body who seeks the floor when appropriately entitled to address the Legislative Body. The Legislative Body member shall confine himself or herself to the question under debate. (b) Any member of the Legislative Body, including the Presiding Officer, may bring a matter of business properly before the Legislative Body for decision by making a motion.
Any Legislative Body member, including the Presiding Officer, except the Legislative Body member making the motion, may second a motion. Once a motion is seconded, it may be opened for discussion and debate.
(c) The Presiding Officer shall determine all points of order, subject to the right of any member to appeal to the majority Legislative Body.
(d) A Legislative Body member, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer, unless a Point of Order is raised by another Legislative Body member, or unless the speaker chooses to yield to questions from another Legislative Body member.
(e) Any Legislative Body member called to order while speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, the member shall be permitted to proceed. If ruled to be not in order, the member shall comply with ruling of the Presiding Officer.
(f) Legislative Body members shall accord the utmost courtesy to each other, to City or Legislative Body employees, and to the public appearing before the Legislative Body and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments, and statements as to motives and personalities, which disrupt, disturb, or otherwise impede the orderly conduct of the Legislative Body meeting. (g) Any Legislative Body member may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Legislative Body shall require the member to so act.
(h) The members of the Legislative Body shall not engage in communications during the Legislative Body meeting (including breaks) regarding matters being considered on the agenda unless and until the Legislative Body has opened that agenda item. In order to minimize exposure to a Brown Act violation, Legislative Body members are discouraged from discussing any City business during breaks or before and after meetings; City business may only be discussed by a quorum of Legislative Body members when it is opened as a duly noticed agenda item. (i) The members of the Legislative Body shall always be attentive and show respect to those addressing the Legislative Body provided that nothing shall prevent the enforcement of the 554
rules of decorum herein.
(j) No Legislative Body member attending a meeting of another Legislative Body shall make any statement or, give the appearance or indicate in any way that they are representing the Legislative Body unless they have been authorized to do so by the Legislative Body. When making a comment at such a meeting, the Legislative Body member should make it clear that they are speaking solely as an individual. Unless officially appointed toparticipate on a committee, Legislative Body members should make an effort not to insert themselves into or take positions on matters which will ultimately be decided upon by the Legislative Body. (k) The Legislative Body may punish its own members for misconduct pursuant to Section 9.5.
9.2 Decorum and Order – Employees
(a) Members of administrative staff and employees of the Legislative Body shall observe the same rules of procedure and decorum applicable to Legislative Body members. The City Manager shall ensure that all staff and employees observe such decorum. Any staff members, including the City Manager, desiring to address the Legislative Body or members of the public shall first be recognized by the Presiding Officer. All remarks shall be addressed to the Presiding Officer and not to any individual Legislative Body member or member of the public. (b) Questions of City staff and/or requests for follow-up or additional background information should be directed only to the City Manager, General Counsel, Assistant City Manager, or Department Heads. The Office of the City Manager should be copied on any request, except those to the General Counsel. When in doubt about what staff contact is appropriate, Legislative Body members should ask the City Manager for direction. Materials supplied to a Legislative Body member in response to a request will be made available to all members of the Legislative Body so that all have equal access to information. (c) Legislative Body members should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace.
9.3 Decorum and Order – Public
(a) Members of the public attending Legislative Body meetings shall observe the same rules of order and decorum applicable to the Legislative Body. All remarks and questions should be addressed to the Presiding Officer and not to any individual Legislative Body member, staff member or other person.
(b) Any person conducting their public remarks or behavior before the Legislative Body in such a way as to actually cause disruption to the conduct of the meeting maybe removed from the room by the sergeant-at-arms as directed by the Presiding Officer. Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar disruptive demonstrations shall not be permitted by the Presiding Officer, who may direct the sergeant-at-arms to remove such offenders from the room or call a recess of the meeting. Aggravated cases may be prosecuted on 555
appropriate complaint signed by the Presiding Officer.
(c) Members of the public shall be allowed to video or audio record a public meeting unless such recording becomes an actual and unreasonable disruption to the Legislative Body’s ability to carry-out the meeting.
9.4 Enforcement of Decorum
(a) The Banning Police Chief or designee shall be ex-officio sergeant-at-arms of the Legislative Body. He shall carry out all orders and instructions given him by the Presiding Officer for the purpose of maintaining order and decorum in the Legislative Body meeting. Upon instructions from the Presiding Officer, it shall be the duty of the sergeant-at-arms to eject any unruly person from the Legislative Body meeting chamber or place him or her under arrest or both for conduct actually disrupting to the Legislative Body proceedings. Such person may be barred from further participation in the meeting.
(b) Generally, if the Presiding Officer intends to eject a person for disruption of a meeting, a public warning should be issued. Examples of remarks or behavior that cause actual disruption of the Legislative Body proceedings include:
Unauthorized remarks from the audience, stamping of feet, whistles, yells, outbursts, catcalls, cursing, applause, offensive or obscene gestures or similar demonstrations which disrupt, disturb, or otherwise impede the Legislative Body proceedings
Interrupting speakers or speaking when not recognized Calling members of the audience names or threatening them Extended discussion of matters beyond the jurisdiction of the Legislative Body
Physical threats to any person
Shouting into the microphone
Dumping objects on the floor of the chamber where the proceeding is held for symbolic or other reasons.
Speaking beyond the time limits
Being unduly repetitious
(c) Examples of non-disruptive conduct include:
Silent gestures by members of the audience, such as a thumbs up or thumbs down or Nazi salute that are not otherwise disruptive of the meeting. Catcalls or booing during a time allowed for applause that does not otherwise disrupt the meeting.
Criticisms of public officials or staff during a time reserved for public comment that does not otherwise violate this Manual and does not disrupt the meeting.
(d) As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully 556
interrupting the meeting, the Legislative Body members may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session.
Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this Section. Nothing in this Section shall prohibit the Legislative Body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
9.5 Censure of Legislative Body Members
(a) It shall be a violation of this section for any sitting member of a Legislative Body to violate any general law or regulation, and any, rule, law, ordinance, or resolution of the City of Banning. It shall also be a violation of this section for any sitting member of a Legislative Body to violate an administrative policy of the City which has been adopted following a vote of the Legislative Body or the City Council on the matter and which by its terms is expressly made applicable to the Legislative Body.
(b) Any violation of the foregoing paragraph by a Legislative Body member may be punished through the administration of a public censure of the member by the member’s Legislative Body. Such censure may be in addition to any other punishment applicable to the violation. For purposes of this section, “censure” shall mean the adoption of a motion setting forth a statement of disapproval of a Legislative Body member’s conduct. (c) When evaluating a request for defense made by the censured member in litigation arising from the censured conduct, the record of the censure shall be considered by the Legislative Body. Such record shall not be determinative. Failure of the Legislative Body to censure the conduct of a member does not constitute waiver of the Body’s right to refuse to defend the member in an action.
(d) A Legislative Body member may not be made the subject of a motion for censure without first being given notice of the violation and an opportunity to correct the violation if it can reasonably be corrected. Upon a continued violation or failure to correct, the charged member shall be given notice and an opportunity to be heard as follows:
(i) Only a sitting member of the Legislative Body whose member commits the violation may initiate proceedings for the censure of one of its members. (ii) Proceedings shall be commenced by the presentation of a written statement of charges to the subject Legislative Body member witha copy delivered concurrently to the Clerk/Secretary by the member initiating the charge.
Initiation shall not require the prior approval of the Legislative Body. The statement of charges shall be given at least ten (10) days prior to the meeting at which the censure motion is proposed to be brought. The notice shall contain, at a minimum, the designation of the specific rule, law regulation, etc. which the member is claimed to have violated and a statement of the date, place, and time at which the violation occurred. The statement shall further contain a description of the conduct of the member which is alleged to constitute the violation. The statementof charges shall be delivered to all 557
other Legislative Body persons.
(iii) Within seven (7) days after delivery of the statement of charges, the charged member should deliver a written response to the other members of the Legislative Body unless the charged member chooses to defer to response to the hearing.
(e) The motion for censure shall be agendized and considered at the first regular meeting occurring ten (10) days following the delivery of the statement of changes to the member and Clerk/Secretary. The hearing may not be continued except upon the absence from the meeting of a member of the Legislative Body other than the member bringing the charge or the member who is the subject of the charge.
(i) The hearing shall be conducted in an open session by the Presiding Officer unless the Presiding Officer is a party to the action, in which case the Vice Chair or some other member shall conduct the proceedings. (ii) The hearing shall generally proceed by a reading of the charges by the charging member. The charging member may present witnesses; the charged member may answer in rebuttal; members of the public may speak in favor or opposed to the charge; and the remaining members may speak to the charges in that order.
(iii) Passage of the motion for censure shall require a majority vote of the members of the Legislative Body. The voting members shall not go into closed session for deliberation.
(f) If the motion for censure does not pass the proceedings shall be at an end. A new motion for censure on the same grounds of violation may not thereafter be commenced against the same Legislative Body member for a period of 1 calendar year from date of the vote. However, new proceedings may be commenced on the same charges within the 1-year period on the vote of 4 members of the Legislative Body.
(g) If the motion for censure does pass, such motion shall become a part of thepublic record a copy of which shall be made available upon demand to any member of the public and notice of same shall be placed in the administrative file of the Legislative Body member.
9.6 Persons Authorized To Be Within Platform/Dais
No person except Legislative Body officials or authorized Legislative Body staff shall be permitted behind the Legislative Body dais without permission or consent of the Presiding Officer.
9.7 Personal Privilege
If a Legislative Body member is personally offended by the remarks of another member, the offended Legislative Body member should make notes of the actual words used and call for a “point of personal privilege” that challenges the other member to justify or apologize for the language used. The Presiding Officer will maintain control of this discussion. The right of a 558
member to address the Legislative Body on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned, or impugned. 559
ARTICLE 10 – PARLIAMENTARY PROCEDURES
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ARTICLE 10 – PARLIAMENTARY PROCEDURES
10.1 Procedures In Absence Of Rules
(a) Unless otherwise specified in this Manual or by ordinance or resolution, meetings of the Legislative Body shall be conducted in accordance with the most recently revised edition of Robert’s Rules of Order. In the event of any conflict between Robert’s Rules and this Manual, the provisions of this Manual shall govern.
(b) Any provision of these rules not governed by the Government Code may be temporarily suspended by a two-thirds (2/3) vote of all members of the Legislative Body. Such suspension may be moved at any time by a member. The vote on any such suspension shall be taken by yeas or nays and entered upon the record.
(c) Motions, motion procedures and precedence of motions shall be conductedin accordance with Exhibit “A” hereto.
10.2 Voting
(a) After a full opportunity for debate if it appears that there is a consensus of opinion among the members of the Legislative Body on the matter to be voted upon, the Presiding Officer may state the consensus of the Legislative Body and ask if there is any objection. If there is no objection, the consensus as so stated shall become the order of the Legislative Body. The Presiding Officer may also determine that a consensus exists following a call for a vote by any member of the Legislative Body by a Motion to Call the Question. (b) Except as in Subsection (a) above, otherwise, all votes of the Legislative Body shall be taken by electronic vote. In the event the electronic voting machine is not functioning or otherwise unavailable, vote shall be by roll call vote. The order voting shall be alphabetical with the Presiding Officer voting last. The Clerk/Secretary shall call the names of all members seated when a roll call vote is ordered or required. Members shall respond ‘aye’, ‘no’ or ‘abstain.’ After every vote, the Legislative Body shall declare the result and, on all but consensus votes, shall note for the record the number of votes for or against the question. The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the Legislative Body.
10.3 Votes Needed
(a) Usually, in the absence of a contrary statutory provision (such as urgency measures), a majority of a quorum which constitutes a simple majority of the Legislative Body may act for that body. However, resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of the total membership of a Legislative Body. (b) State law may dictate certain instances in which the number of votes required is greater than a majority of all Legislative Body members. As a matter of convenience, questions on which the voting requirement is varied by the State statutes and these rules, include, without limitation, the following:
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(i) Levying Taxes - Ordinances providing for the Assessment and collection of taxes require the approval of two-thirds of the members of the whole Council.
(ii) Assessment - Assessments require a two-thirds vote of the whole Council. (iii) Bonds and Certificates of Participation - Authorizing these financial instruments the issuing requires a two-thirds vote of the total Council. (iv) Eminent Domain - The exercise of Eminent Domain requires a two-thirds vote of the total Council.
(v) Certain Parliamentary Motions – Motions requiring a supermajority vote are noted in the Motions Chart attached hereto.
(c) Any official with a conflict of interest is not counted for purposes of establishing a quorum, and must not vote on, make, participate in any way in, or attempt to influence the decision.
A Legislative Body member abstaining on any other grounds than a conflict under the Political Reform Act shall be counted as present for purposes of a quorum and such abstentions are counted with the majority. The Legislative Body member who leaves the dais solely to avoid participating in a specific item shall, in absence of a conflict, be counted as if they were present but abstaining and such abstentions are also counted with the majority. (d) Reconsider
Any Legislative Body member who voted with the majority may move to reconsider any action at the same meeting or at an adjourned meeting following the meeting at which the action was taken, provided that reconsideration shall not be permitted where a party other than the City has acted in reliance on the Legislative Body’s action and would be substantially prejudiced by such reconsideration. The Clerk shall apprise the City Attorney of any facts constituting substantial prejudice and may rely upon the determination of the City Attorney. In the event that the subject of the reconsideration is a motion that failed as the result of a tie vote, any Legislative Body member who voted against the earlier motion may move for reconsideration at the following meeting. The member seeking reconsideration must have the matter agendized unless the motion will be made at the same meeting where the original action was taken.
If the motion to reconsider passes, then the original item may be reconsidered at that time or agendized for the next meeting which meets any applicable noticing requirements.
After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the Legislative Body. (e) Adjournment
To adjourn a meeting, the Presiding Officer shall ask the Legislative Body members whether there is a consensus to adjourn the meeting. If a Legislative Body member makes a motion to adjourn, and this motion is followed by a second, then the Presiding Officer shall have 562
the Legislative Body members vote on the adjournment motion. The meeting is adjourned if there is a majority vote of the Legislative Body members on a motion or if there is a consensus to adjourn, at which time the Presiding Officer shall pronounce the time that the meeting is adjourned.
10.4 Tie Votes
Tie Votes shall be lost motions unless an additional Motion is made which obtains a majority vote to break the tie. When all Legislative Body members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal. In such case the findings in support of the decision shall be those of the lower body. If a tie vote results at a time when less than all members of the Legislative Body are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Legislative Body, unless otherwise ordered by the Legislative Body.
10.5 Abstentions
Members of the Legislative Body are discouraged from abstaining from a vote for reasons other than a legally-disqualifying, financial conflicts of interest. However, if a member chooses to abstain from voting as a result of what he/she perceives as a personal or non-financial conflict of interest, the member may do so after stating for the record the nature of the perceived conflict.
In the event of such a perceived conflict (as opposed to a legally disqualifying conflict), the member is not required to leave the dais.
(a) A Legislative Body member shall generally express their positions on all matters except those where they are required to abstain due to legally recognized conflict of interest. (b) A Legislative Body member who has appealed the action of any person or body of the City on a matter which does not constitute a conflict of interest for the member underany law, may participate in the hearing on the appeal, unless there is clear and convincing evidence that such member is not objective or the member feels that they are unable to remain neutral, or as may be otherwise advised by the General Counsel. Notwithstanding any contrary provisions herein, in bringing an appeal, the Legislative Body member need not give reasons for making the appeal. (c) A Legislative Body member may abstain from action on a matter where in the member’s opinion, there might be a public perception that participation in the discussion or decision would be inappropriate even though the member has no disqualifying financial interest within the meaning of FPPC rules and regulations.
10.6 Votes Of Members Previously Absent
(a) A Legislative Body member who was not present at a meeting should generally not vote on the approval of minutes for that meeting, but the voting on such minutes shall have no effect on the validity of the minutes.
(b) A Legislative Body member may vote on a continued item after an absence from the earlier public hearing of the matter if, prior to the vote, the member affirms on the record that they have familiarized themselves with the record of the earlier meeting and are prepared to vote 563
on the issue. If the member shall abstain from the vote, the member shall be counted towards the quorum on the issue and the abstention shall be counted with the vote of the majority of the quorum.
(c) The forgoing shall not apply to the matter of a vote on the minutes of a meeting at which the member was not in attendance. In that instance, the member abstaining on the grounds of non-attendance at the meeting to which the minutes pertain shall not be counted towards the quorum on the issue and the abstention shall not be counted with the votes of the majority of the quorum.
10.7 Appeals by Members of Legislative Body
Except where otherwise provided, a member of the Legislative Body shall be deemed an interested person in any matter by a subordinate body and shall have standing to appeal to the Legislative Body any decision by a Sub-Legislative Body, or any determination made by any official of City by filing a written appeal. The appeal shall not state any grounds for the appeal and the resulting hearing shall be de novo. The appeal must be filed within 10 days of the making of the decision being appealed and shall be filed with the Clerk/Secretary who shall give written notice to the applicant and provide written notice to other persons as required for the original action. The hearing shall be held at the first regular meeting of the Council for which notice can be legally given. No appeal fee shall be required to be paid for such appeals.
10.8 Findings and Decisions
Decisions of a Legislative Body, when acting as a quasi-adjudicative body (publichearings) should be framed in terms of “findings” of fact, potentially relevant conclusions of law,and ultimate decisions showing the basis for the decision and the nexus between the findings, the conclusions, and the decision. The Legislative Body members must consider any legallymandated findings applicable to a matter and consider the evidence presented to them in light of such findings in making their decisions.
10.9 Curfew
A 10:00 p.m. curfew is imposed upon City Council meetings. Matters taken up by the Council before 10:00 p.m. may be concluded, but no new matters shall be taken up after 10:00 p.m. except upon a majority vote of the Council members present, but such extension shall only be valid for one hour and each hour thereafter shall require a renewed action for the meeting to continue. The City Manager shall arrange the regular order of business on Council agendas to minimize any adverse effects this curfew may have regarding the timely conduct of important City business. This Section 10.9 shall supersede Resolution No. 2016-44. 564
ARTICLE 11 — PROCEDURES FOR CONSIDERATION OF DEMANDS FOR
CORRECTIVE ACTION
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ARTICLE 11- PROCEDURES FOR CONSIDERATION OF DEMANDS FOR
CORRECTIVE ACTION
11.1 Requirement of Written Demand
Prior to any person commencing a judicial action for injunction or mandamus to declare any action taken by the Legislative Body void because of failure to observe Brown Act requirements, such person must first serve upon the Clerk/Secretary a written demand clearly describing the challenged action, the nature of the claimed violation, and the corrective action sought. Such demand must be served upon the Clerk/Secretary within ninety (90) days of the alleged violation or thirty (30) days if the action was taken in open session but in violation of Section 54952.2 of the Government Code. Failure to serve any such demand within this thirty (30) day period shall result in the loss of any right to challenge any action alleged to have been taken in violation of Sections 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 of the Government Code.
If the written demand is timely served, the Legislative Body has up to thirty (30) days to cure and correct its action. If the Legislative Body does not act, any lawsuit must be filed within the next fifteen (15) days.
11.2 Consideration of Corrective Action
Upon receipt of such a demand, consideration of the demand shall immediately be placed on the agenda for the next meeting of the Legislative Body. If the demand is received less than 72 hours prior to the time set for the next meeting, the Legislative Body may determine that the notice constitutes the initiation of litigation, and that the need to take action on the threatened litigation arose subsequent to the posting of the agenda and may consider it at that meeting pursuant to Article 3 Section 13, above. A description of any item so placed on the agenda shall include both consideration of the demand, and the possibility of corrective action by the Legislative Body.
In considering such demands, the Legislative Body shall first determine by motion whether to reconsider the prior action. The motion to reconsider shall be in order as long as made by a party on the prevailing side. If no motion to reconsider is carried the Clerk/Secretary shall inform the demanding party in writing of the Legislative Body’s decision not to cure or correct the challenged action.
11.3 Implementing Corrective Action
If a motion to reconsider passes, the Presiding Officer may entertain a motion to take corrective action. Any motion taking corrective action shall address the concerns raised in the consideration of corrective action. The motion taking corrective action may include a motion to rescind prior action taken, as appropriate. Passage of a motion to rescind invalidates prior action only as of the time of the passage of the motion, and not from the date of the initial action. A motion implementing corrective action resulting from a written demand is out of order if the action complained of: (i) was in connection with the sale or issuance of notes, bonds, or other evidence of indebtedness, or any contract, agreement, or incident thereto; (ii) gave rise to a contractual obligation upon which a party has, in good faith, detrimentally relied; or (iii) was taken in connection with the collection of any tax.
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In any event, the Legislative Body shall notify the party making the demand in writing of its decision to take corrective action and shall describe any corrective action taken. This notice shall be given to the demanding party as soon as possible after the meeting, but in no event more than 30 days after receipt of the demand.
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ARTICLE 12 – MISCELLANEOUS
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ARTICLE 12 – MISCELLANEOUS
12.1 Interpretation
This Manual shall be liberally construed to effectuate its purpose and no ordinance, resolution, proceeding or other action of the Legislative Body shall be invalidated, or the legality thereof otherwise affected by the failure or omission of the Legislative Body to technically comply with, observe or follow the within rules. The City Council may, by resolution, adopt further rules of interpretation or practice.
12.2 Amendments
This Manual may be amended from time to time as necessary by resolution passed by a majority vote of the City Council at any regular or special meeting, provided that no such amendment shall be adopted unless at least seven days’ written notice thereof has been previously given to all Legislative Body members serving the City. Such notice shall identify the section or sections of the Manual proposed to be amended.
12.3 Power to Issue Subpoenas
The Legislative Body may issue subpoenas requiring attendance of witnesses or production of books or other document for evidence or testimony any action or proceeding pending before it. (Government’ Code Section 37104.) Subpoenas shall be signed by the Presiding Officer and attested by the Clerk. They may be served as subpoenas are in civil actions. 569
EXHIBIT A
Chart of Motions
1. Motions listed in order of precedence
MOTION YOU SAY THIS
May you
interrupt the
speaker?
Do you
need a
second?
Is it
debatable?
Can it be
amended?
What vote is
needed? Can it be reconsidered?
Adjourn meeting “I move to adjourn.” No Yes No No Majority No Call an intermission1 “I move to recess for…” No Yes No Yes Majority No Register a complaint “I rise to a question of
privilege” Yes No No No None No (usually)
Temporarily suspend
consideration of an issue2
“I move to table the
motion” No Yes No No Majority No
Close debate “I move the previous
question” No Yes No No 2/3
No, unless the vote on
question has not been
taken
Limit or extend debate
“I move that the debate
be limited [or
“extended”] to…”
No Yes No Yes 2/3 Yes
Give closer study of
something3
“I move to refer the
motion to the committee” No Yes Yes Yes Majority
Yes, unless the board
has already taken up
the subject
Amend a motion “I move to amend the
motion by…” No Yes Yes Yes Majority Yes
Motion to continue to a
certain time
“I move that the motion
be continued to…” No Yes Yes No Majority Yes
Introduce business (bring a
main motion) “I move that [or “to”]...” No Yes Yes Yes Majority Yes
1 Should specify period of recess.
2 A motion to take up a matter previously tabled must be made at the same meeting as the motion to table, If not, the motion tabled dies. 3 May contain specific instructions for board members and a date fir certain for reconsideration, If not date is not certain, restored by a motion to take up matter previously tabled” which is permissible in this case even if not same or next meeting, 570
2. Incidental Motions – no order or precedence. Arise incidentally and decided immediately.
MOTION YOU SAY THIS
May you
interrupt
the speaker?
Do you
need a
second?
Is it
debatable?
Can it be
amended?
What vote is
needed?
Can it be
reconsidered?
Protest breach of rules
(i.e., Point of Order)4 “I rise to a point of order…” Yes No No No None No Motion to appeal the
ruling5
“I appeal from the decision of
the Presiding Officer [or
“Chair”]”
Yes Yes Yes No Majority Yes
Suspend rules
temporarily
“I move to suspend the rules so
that …” No Yes No No 2/3 No
Avoid considering an
improper matter
“I object to the consideration of
the question…” Yes No No No 2/3
No, only if the
main question or
motion was not in
fact considered
Divide motion “I move to divide the question” No Yes No Yes Majority No Parliamentary law
question Parliamentary inquiry Yes, if
urgent No No No None No
Motion to depart from
the agenda
“I move to consider matter […]
out of order” No Yes Yes Yes Majority Yes
Take up matter
previously tabled6
“I move to take from the table
…” No Yes No No Majority No
Cancel or change
previous action7
“I move to rescind/amend
something previously
adopted…”
No Yes Yes Yes
2/3 or
majority
with notice
No
Reconsider motion “I move to reconsider the vote
on…” Yes Yes
Only if
motion is
debatable8
4 Decision of the Presiding Officer is final, unless overturned by motion to appeal the ruling. 5 Presiding Officer may participate in debate, Negative or tie vote sustains ruling. 6 A motion to take up a matter previously tabled must be made at the same meeting as the motion to table. If not, the motion tabled dies. 7 Does not void action ab initio, only from point of rescission. Motion is out of order if relates to contract upon which another party has detrimentally relied, relates to issuance of bonded indebtedness, or relates to the collection of any tax. 8 Cannot be made on a quasi judicial matter or matters required a noticed public hearing. Can only ne made by a member who voted with the previously prevailing side, May be made at the same meeting or a subsequent meeting subject to the same restrictions as a motion to rescind. 571
EXHIBIT B
BANNING CITY COUNCIL MEETING PRESENTATION POLICY
City Council presentations are for providing information to the Mayor and Council, City management, and the community about activities of interest and value including:
Activities, events, and infrastructure projects relating to the City. Honors and celebrations for organizations, corporations and residents related to Banning.
Honors and celebrations for organizations, corporations and resident which reflect theirservice to the Banning community.
Honors and recognitions for City staff for outstanding service or commitment to the City’s mission and goals.
Please note this is not the appropriate time to seek funds from the City and/or endorsements from City Council or discuss politics.
Presentation Length
All presentations are to be no more than five minutes in length; this is to include all speakers for the group being recognized.
Presentation Schedule
City Council begins at 5:00 p.m. with an invocation and pledge to the American flag followed bypresentations. All honorees or groups are to arrive no later than 4:45 p.m.
Presentation Location
Presentations take place in the Council Chambers inside Banning City Hall located at 99 E.
Ramsey Street. Parking is available in the Police Department parking lot located at 125 E.
Ramsey Street (just off Hays Street) adjacent to the Council Chambers, or in the City Hall parking lot located at the corner of Hays and San Gorgonio.
Presentation Technical Support
The City has the capability to display PowerPoint (or equivalent) during the presentation. If a PowerPoint is to be used during the presentation:
The PowerPoint is to be no more than 10 slides with limited text; and To be submitted to the City Clerk’s Office no later than the Thursday prior to thescheduled Tuesday City Council meeting (2nd and 4th Tuesdays of the month). PowerPoints are subject to editing for appropriateness. PowerPoints which do not meet these standards will not be used. 572
CITY OF BANNING
MANUAL OF
PROCEDURAL
GUIDELINES
FOR THE CONDUCT OF
CITY COUNCIL AND CONSTITUENT
BODY/COMMISSION MEETINGS FOR THE
CITY OF BANNING
Adopted October 23, 2012, by City Council Resolution 2012-83 Formatted: Font: 22 pt
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Amended April 23, 2013, by City Council Resolution 2013-48 Amended November 12, 2013, by City Council Resolution 2013-103 Amended May 26, 2020, by City Council Resolution 2020-67 Amended February 14, 2023, by City Council Resolution 2023-34 Amended [month] [day], 2024, by City Council Resolution 2024-__
574
Table of Contents
Article 1 – Scope Of Manual ...................................................................................................................... 89 Article 2 – Meetings ................................................................................................................................ 1213 Article 3 – Notice And Agenda ............................................................................................................... 1516 Article 4 – Closed Sessions ..................................................................................................................... 2324 Article 5 – Order Of Business ................................................................................................................. 2526 Article 6– Public Comment And Presentations ....................................................................................... 3031 Article 7– Noticed Public Hearings ........................................................................................................ 3334 Article 8 - Meeting Officers .................................................................................................................... 3738 Article 9– Decorum And Order ............................................................................................................... 4344 Article 10 – Parliamentary Procedures ................................................................................................... 5051 Article 11- Procedures For Consideration Of Demands For Corrective Action ..................................... 5556 Article 12 – Miscellaneous ..................................................................................................................... 5859
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OUTLINE OF PROCEDURAL MANUAL PROVISIONS
This manual applies to the City Council, Successor Agency, Housing Authority, and all Commissions.
A. Agendas (3.1-3.4; 5.1-5.10, 6.1, 6.3)
1. City Manager generally has the authority to set the agenda. (5.1)
2. Any Council member may request a matter be put on an agenda. If significant staff work is involved, City Manager can bring it to an agenda under pending items and the City Council can decide whether they want it agendized for discussion. (5.1)
3. Permits consent calendars and defines what is not permitted on consent calendar: ordinances; matters involving split votes or public controversy; excluded consent calendar. (6.3)
4. List order of agenda. (6.1)
5. Permits an agenda item for “Council Agenda – New Business” and where announcements are permitted with no discussion.
6. No action unless listed on agenda. (5.7)
7. Add items if arose subsequent to agenda and 2/3 vote or unanimous of those present. (5.9)
B. Minutes, Ordinances, Resolutions and Contracts (5.3 - 5.6)
1. Minutes are an abbreviated record, revisions factual and not to change intent. (5.10)
2. Defines matter appropriate for ordinance versus resolution.
3. Defines vote requirements--ordinances and resolutions generally require three (3) votes. Certain items require a supermajority.
4. Urgency circumstances are defined where resolution can be prepared at a meeting.
5. Contracts may be put in final form by legal counsel. (5.6)
6. Approval budget does not authorize expenditures. (6.5) C. Boards and Commissions (6.4)
1. Defines legislative bodies and advisory bodies subject to the Brown Act. (1.2(a))
2. Committees established by official action, continuing jurisdiction more than 180 days, majority of officials from City or other bodies, is standing committee subject to Brown Act.
3. Permits creation of ad hoc council subcommittees (less than majority) not subject to the Brown Act.
4. Permits formation of boards and commissions subject to the Brown Act.
5. Provides that appointments are by Mayor with the consent of Council; removed by majority vote.
6. Commissions make reports to Council; not permitted to create subcommittees.
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D. Study Sessions/Closed Sessions (2.5, 4.1 - 4.4)
1. Study sessions informal but subject to Brown Action; no action taken.
2. Public comments permitted before; report on any action taken.
3. Those persons not relevant to the closed session matter are excluded.
4. A minute book may be kept of the proceedings.
5. Revealing any matter from closed session can subject the person to censure.
E. Public Comments (7.0 – 7.4)
1. City Council meeting presentations on agenda items are to be no more than five minutes in length; this is to include all speakers for the group being recognized.
Exhibit “B” has full policy.
2. Time limits are 3 minutes for non-agendized items and 5 minutes for all agendized items. Public hearing applicants are not limited. (7.2)
3. Public comment periods include initial comment period on non-agenda items; comment on agenda items. (7.5)
4. Speaker cards provided, but voluntary. (7.3)
F. Hearings (8.1 – 8.4)
1. Before the hearing, Council members limited to factual questions of staff and speakers. Not to engage in debate.
2. Presiding Officer to make it clear when hearing is opened or closed. No questions of speakers or public comment after hearing closed.
3. Hearing must be fair and impartial with decision based on findings required by law.
4. No expression of opinion until hearing is closed.
5. Avoid extra meeting contact with interested persons. Encourage participation in hearing.
6. Presiding Officer can control conduct of hearing--representative speakers, etc.
Set any rules at beginning and keep fair to each side.
7. Be attentive during hearings.
G. Conduct of Members
1. Do not represent position of City or promise City action. (9.2; 9.10)
2. Do not speak in derogatory fashion concerning colleagues, employees, citizens. (10.1(f))
3. Mayor speaks officially for City rather than Council members. (9.2)
4. Council members in correspondence represent their own position rather than City unless authorized by Council. (9.2)
5. Commissioners do not speak for City. (9.2)
6. No Conflicts. Can consult with City Attorney but advice not binding and no attorney-client confidentiality. (9.6(b))
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development of collective action. Public Records Act, too. (9.3)
8. Formal process for censure for wrongful conduct involving hearing before City Council. (10.3)
9. City Attorney can file amicus briefs. (9.6 (d))
H. Procedures
1. Abstentions discouraged but permitted where appearance impropriety even if no financial conflict.
2. Motions to rescind clarified so that matter can be rescinded in later legislative session. (11.4)
3. Defines process to correct an earlier action in violation of Brown Act. (12.1 – 12.3)
4. Includes Table of Motions and Procedural Actions.
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ARTICLE 1 – SCOPE OF MANUAL
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MANUAL OF PROCEDURAL GUIDELINES FOR THE CONDUCT OF CITY
COUNCIL AND CONSTITUENT BODY/COMMISSION MEETINGS
ARTICLE 1I – SCOPE OF MANUAL
1.1 Application of Rules
This Manual (the “Manual”) shall establish the procedures for the conduct of all meetings of the City of Banning’s City Council, Successor Agency to the Banning Community Redevelopment Agency, Housing Authority, Utility Authority, Financing Authority and other constituent governing bodies, and commissions including, but not limited to, the Planning Commission, Parks and Recreation Commission, Youth Council, Historic Preservation Commission, and Budget and Finance Committee. and other constituent, governing bodies, and commissions.
This Manual rescinds and supersedes all prior City Council resolutions setting forth rules of procedure for the conduct of meetings by City Legislative Bodies (defined below). Wherever there is a conflict between this Manual and any prior City resolution, the terms and rules in this Manual shall govern. Resolutions more specifically superseded by this Manual include, without limitation, the following:
City of Banning Resolution No. 2020-67;
City of Banning Resolution No. 2013-103;
City of Banning Resolution No. 2013-48;
City of Banning Resolution No. 2012-83
City of Banning Resolution No. 2004-43;
City of Banning Resolution No. 1999-31;
City of Banning Resolution No. 2003-06;
City of Banning Resolution No. 2000-41;
City of Banning Resolution No. 1999-31;
Banning CRA Resolution No. 2010-13; and
Banning CRA Resolution No. 1990-04.
1.2 Definitions
The following definitions shall apply to these rules and procedures:
Agenda The document that outlines topics to be discussed during a meeting.
Staff Report A document prepared by City Staff containing information and a recommendation about certain action(s) by the
Legislative Body.
Agenda Packet The agenda with accompanying staff reports for each agenda item.
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Legislative Body Any quorum of any council, board, commission or standing committee (as defined in Government Code § 54952), or
other governing body of the City of Banning that is subject to the Brown Act (Government Code § 54950 et seq.). This includes the Banning City Council, Banning Successor
Agency to the former Redevelopment Agency, Banning
Housing Authority Board, Banning Utility Authority,
Banning Financing Authority, Planning Commission, Parks and Recreation Commission, Youth Council, Civil Service CommissionHistoric Preservation Commission, and Budget
and Finance Committee, and any standing committee
subject to the Brown Act. The term “Legislative Body” does not include Non-Governing Bodies, as defined below.
Presiding Officer The Chairperson of the Legislative Body. For example, this refers to the Mayor or when read in the context of the City Council, the Board Chair in the cases of the Successor
Agency to the Redevelopment Agency and/or the Housing
Authority, and the Chair of any Commission.
Vice Chair means tThe vice chairperson to the Presiding Officer. For example, the Vice Chair means the Mayor Pro Tempore in
the case of the City Council, the Vice Chairperson in the cases of the Successor Agency to the former
Redevelopment Agency and/or Housing Authority, and the
Vice Chairperson of any Commission.
Clerk/Secretary The person responsible for taking and maintaining the record of proceedings for all meetings, preparation of
agendas, calendar clerk, and custodian of rules, resolutions, ordinances and Legislative Body records. For example, the Clerk/Secretary refers to the Administrative City Clerk in the case of the City and the Agency Secretary in the cases of the Successor Agency to the former Redevelopment Agency and/or the Housing Authority.
General Counsel means tThe legal advisor to the Legislative Body, such as the City Attorney in the case of a City Council meeting, or Agency Counsel in the cases of the Successor Agency to the former Redevelopment Agency and/or Housing Authority.
City Manager The Chief Executive Officer of the City, the Successor Agency to the former Redevelopment Agency, Housing
Authority, Financing Authority and Banning Utility
Authority. The City Manager may serve as the Secretary to the Successor Agency or Housing Authority, and the City Manager can designate appropriate staff to serve as the Clerk/Secretary to any Commission of the City.
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Non-Governing Bodies means wWholly advisory committees and bodies that are not subject to the provisions of the Brown Act.
Sub-Legislative Bodies Such advisory committees which are subject to the Brown Act but are not “governing” Legislative Bodies.
Adjourned Meeting A meeting that is the continuation of a regular or special meeting which deals with unfinished business of the regular or special meeting.
These rules and procedures are enacted pursuant to authority granted by Government Code §§Sections 36813 and 54954. The purpose of this Manual is to provide procedures for that the Legislative Bodies’ procedures will bethat are consistent with the Brown Act and also to establish procedures which will bethat are convenient for the public and contribute to the orderly conduct of any Legislative Body’sies’ business. The procedures herein are in addition to, and not in place of, Robert’s Rules of Order and any applicable ordinances and statutes. I and in the event of conflict between this Manual and applicable ordinances or statutes, the latter shall govern. In the event that any state statute referenced herein is renumbered, the reference herein shall be deemed to refer to the successor statute dealing with the same subject matter. If there is any conflict between Robert’s Rules of Order and this Manual, the provisions of this Manual shall govern. 582
ARTICLE 2 - 2 – MEETINGS
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ARTICLE II2 – MEETINGS
2.1 Regular Meetings
Unless otherwise specified by a resolution or ordinance applicable to a specific Legislative Body, the regular meetings of all Legislative Bodies shall be held on the second and fourth Tuesday of each month at the time designated by the Legislative Body, in the Council Chambers at City Hall, 99 East Ramsey Street, Banning, California 92220, or at such other locations as the Legislative Body may from time to time designate by resolution, in the order of adjournment, or in the notice or call of any special meeting. In the event thea day of a meeting shall be a legal holiday, said meeting shall be held on the next business day.
2.2 Special Meetings
The Presiding Officer may, when he or she deems it expedient, or upon the written request of a majority of the Legislative Body, call a special meeting of the Legislative Body for the purpose of transacting the business designated in the call. The means or method for calling such special meeting shall be as set forth in the Brown Act as it now exists or may hereafter be amended. At such special meeting, no business shall be considered other than as designated in the call.
2.3 Special Emergency Meetings
A special emergency meeting may be called by the Presiding Officer or by a majority of the Legislative Body where an emergency exists:
(a) A work stoppage, terrorist act or threat, crippling disaster or other activity which severely impairs public health or safety as determined by the majority of the Legislative Body; or
(b) Such other circumstance specified by State law as authorizing the conduct of an emergency meeting. Any special emergency meeting shall be called, noticed, and conducted only in accordance with the procedures set forth in State law.
2.4 Attendance
A majority of members of the Legislative Body shall constitute a quorum. Less than a majority may adjourn from time to time and may compel the attendance of absent members.
Except for City Council, aAny member who fails to attend any of the meetings of the Legislative Body for 60 consecutive days, unless such absences are excused, shall surrender the office, and be deemed to have surrendered the office. An absence is “excused” in non-emergency circumstances if the member provides the Clerk/Secretary with at least forty-eight (48) hours advance written notice of the member’s intended absence. In emergency circumstances, which is limited to a physical or family medical emergency that prevents a member from attending a meeting, an absence is “excused” if the member provides written notice of the member’s intended absence as soon as possible prior to the meeting.
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2.5 Study SessionsWorkshops
The Legislative Body may meet informally in conference or “study” sessionsworkshops” regarding concerns of the Legislative Body to interchange information, provided that all discussions and conclusions shall be informal. Such meeting shall be called in the same manner as for special meetings or adjourned meetings, as applicable, and be subject to the Brown Act.
Each notice shall indicate that an opportunity for public comment shall be provided before any matter shall be determined. When a meeting has been designated a Study SessionWorkshop, the Legislative Body shall not take any action with respect to the matter under studyreview except with prior public notice, appearing on a properly posted agenda, of such intent to take action. 585
ARTICLE 3 – - NOTICE & AGENDA
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ARTICLE III3–NOTICE AND AGENDA
3.1 Notice and Agenda for Regular Meetings
For every regular Legislative Body meeting, the Clerk/Secretary, or his or hertheir designee, shall post a notice of the meeting, specifying the time and place at which the meeting will be held, and an agenda containing a brief description of all the items of business to be discussed at the meeting as set forth in Article Vherein. The notice and agenda may be combined in a single document.
The notice and agenda must be posted at least seventy-two (72) hours before the regular meeting in a location freely accessible to the public twenty-four (24) hours a day during the seventy- two (72) hour period and where the notice and agenda is not likely to be removed or obscured by other postalposted material. Specifically, the notice and agenda shall be posted at the place indicated below, and/or at such other location(s) as the Clerk/Secretary may designate:
CITY HALL LOBBY
CITY OF BANNING WEBSITE
3.2 Notice and Agenda for Special Meetings
For every special meeting, the Clerk/Secretary, or his or hertheir designee, shall post a written notice specifying the time and place of the special meeting and the business to be transacted must be sent to each member of the Legislative Body (unless the member has filed a written waiver of notice with the Clerk/Secretary) and to each local newspaper of general circulation, and radio or television station that has requested such notice in writing. The notice shall serve as the agenda for the special meeting and shall contain a brief description of all the items of business to be discussed at the meeting as set forth hereinin Article V.
The notice for a special meeting shall be conspicuously posted at least twenty-four (24) hours prior to the special meeting in a location that is freely accessible to the public twenty-four. (24) hours a day and where the notice areis not likely to be removed or obscured by other posted material. Specifically, the notice shall be posted at the place indicated below, and/or at such other location(s) as the Clerk/Secretary may designate:
CITY HALL LOBBY
CITY OF BANNING WEBSITE
3.3 Notice and Agenda for Adjourned Meetings
The Legislative Body may adjourn any regular, adjourned regular, special, or adjourned special meeting to a time and place specified in the order of adjournment. If a quorum is not present, less than a quorum may so adjourn. If all members are absent from any regular or adjourned regular meeting, the Clerk/Secretary may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be delivered personally to each member of the Legislative Body at least twenty-four (24) hours before the adjourned meeting. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special, or adjourned special meeting was held, 587