Agenda packet — Banning City Council, December 10, 2024 (part 7 of 8)

1530
22 BDO | A Proposal to Provide Professional Services for City of Banning, CA

EXPERIENCE
Nic Nunn-Faron serves as Manager in BDO’s State & Local Government Advisory practice, where he has the opportunity to apply varied experience in policy development, planning, risk management, and grants administration to meet the resilience and sustainability needs of public, private, and nongovernmental agencies throughout the United States. Over the past 10 years Nic has been charged with the management and oversight of engagements for city, county, state, tribal, territorial, federal government, higher education, and nonprofit organizations.

Nic has managed over a half dozen COVID-19 engagements with state and local governments, developing the strategy, management infrastructure, and oversight for their Stimulus Funds.

He serves as a key resource for the firm’s Environmental, Social, and Governance (ESG) Advisory capability develop team, where he is able to utilize his background in sustainable development and enterprise risk management to advance the services by which BDO assists its clients in becoming more resilient against and better stewards of the environment and society. His primary area of focus is in utilizing sustainability reporting principles to assist jurisdictions in implementing infrastructure and development strategies.

Prior to joining BDO, Nic supported program management operations for local municipalities, led technical response operations following natural disasters, served as an agency field liaison to FEMA, coordinated with the United Nations cluster system, and responded as part of over a dozen emergency operations throughout the United States and abroad.

PROFESSIONAL AFFILIATIONS
Global Reporting Initiative, Certified Sustainability Professional (CSP) International Association of Emergency Managers, Certified Emergency Manager (CEM) Disaster Recovery Institute International, Certified Business Continuity Professional (CBCP)
International City/County Management Association

EDUCATION
M.S., International Development, Tulane University
B.A., Public Policy/Urban Affairs, Saint Louis University

NIC NUNN-FARON, CEM, CSP, CBCP
Senior Manager, Industry Specialty Services
[email protected]
Direct: 314-889-1183
Mobile: 636-485-5297
101 S Hanley Rd
Suite 800
St. Louis, MO 63105
Tel: 314-889-1100
Fax: 314-889-1101
www.bdo.com
1531
23 BDO | A Proposal to Provide Professional Services for City of Banning, CA  Investigate and resolve matters related to regulatory compliance (including false claims), employee misconduct, misappropriation of funds, fraudulent financial reporting, and whistleblower complaints.
 Respond to changing regulatory requirements and evaluate regulatory compliance.  Assess enterprise risks (including fraud risks) and facilitate discussions with senior leaders regarding mitigation and monitoring of the organization’s risk landscape.  Evaluate business operations, policies and procedures, and overarching control environments and implement changes that foster enhanced efficiency, effectiveness, and control.
 Develop, implement, and improve practices related to grants and contracts administration and monitoring.

David also presents at numerous conferences on such topics as regulatory compliance, internal controls, cost allowability, fraud prevention, risk assessments, and corporate governance.

PUBLICATIONS
 “Emerging Audit Trends – What You Need to Know” NCURA Magazine – August 2015  “Emerging Audit Trends – What You Can Do to Prepare” NCURA Magazine – October/November 2015
 “Best Practices for Building a University Audit Plan” ACUA College and University Auditor Journal – Winter 2020

PROFESSIONAL AFFILIATIONS
Association of Certified Fraud Examiners
Institute of Internal Auditors (Board Member, Northern Virginia Chapter) National Council of University Research Administrators

EDUCATION
B.S. Commerce (concentrations in Finance and Management), University of Virginia, McIntire School of Business
[email protected]
Direct: +703-3770-1008
Mobile: +703-862-7479
8401 Greensboro Drive
Suite 800
McLean, VA 22102
Tel: +703-893-0600
Fax: +703-893-2766
www.bdo.com

DAVID CLARK, CIA, CFE, CRMA
Managing Director, Industry Specialty Services

EXPERIENCE
David Clark is a Managing Director in BDO’s Non-Profit Advisory Practice. He advises clients on a wide range of issues including matters of organizational strategy, regulatory compliance, cost allowability and recovery issues, risk management, and internal control and operational assessments. His work includes extensive experience supporting federal funding recipients including colleges and universities, non-profits, research institutions, and government contractors.

David offers over 13 years of experience providing guidance and support for organizations of all sizes in improving compliance, governance, operations, and risk management activities. He often works with clients to evaluate and enhance business processes and control environments, as well as evaluating compliance with federal spending regulations. Prior to joining BDO, David served as a senior audit manager at a leading financial institution and served as a Director in the Higher Education and Research Institutions consulting practice of an international accounting firm. David’s deep knowledge of compliance, risk, and controls and industry experience allows him to provide personal, practical solutions for clients.

David's specific experience includes helping organizations:
1532
24 BDO | A Proposal to Provide Professional Services for City of Banning, CA o An affirmative statement should be included that the proposer and all assigned key professional staff are properly licensed to practice in California.

Where required, our proposed team members have the appropriate licenses and certifications to perform the requested work in California.
1533
25 BDO | A Proposal to Provide Professional Services for City of Banning, CA V.B.D Disclosure
1534
26 BDO | A Proposal to Provide Professional Services for City of Banning, CA o Please disclose any and all past or current business and personal relationships with any current Banning elected official, appointed official, City employee, or family member of any current Banning elected official, appointed official, or City employee. Any past or current business relationship may not disqualify the firm from consideration.

We have made appropriate conflict of interest inquiries in accordance with our quality assurance procedures, and can confirm that our appointment by you will not give rise to any conflicts. 1535
27 BDO | A Proposal to Provide Professional Services for City of Banning, CA V.B.E Evidence and References
1536
28 BDO | A Proposal to Provide Professional Services for City of Banning, CA o The Proposal must demonstrate that the Company, or its key personnel, meets the minimum experience requirement in #Prerequisites with a legally registered business name, that provides services of a similar type and scope as described in the Scope of Services. A Company shall not have filed for bankruptcy under any business name over the past five (5) years.

BDO USA, P.C. is a Virginia professional corporation. In our more than 110-year history, BDO has never filed for bankruptcy.

As noted, in our proposed team’s resumes, BDO will bring significant experience to this engagement:
 Corey Eide has over 15 years of exceptional experience, establishing himself as a highly accomplished professional in the field. His extensive expertise and unwavering commitment have made him a trusted leader in the industry.  Sly Atayee has over 8 years of invaluable experience at BDO, establishing himself as a highly accomplished Senior Manager in the Industry Specialty Services practice. He has consistently demonstrated his exceptional skills in managing complex investigations and delivering outstanding results. Sly's role as a Senior Manager has involved overseeing a diverse range of projects, including financial advisory, risk management, and business consulting.  Nic Nunn-Faron brings 10-plus years experience with BDO managing and overseeing engagements for city, county, state, tribal, territorial, federal government, higher education, and nonprofit organizations.  David Clark offers over 13 years of experience providing guidance and support for organizations of all sizes in improving compliance, governance, operations, and risk management activities. 1537
29 BDO | A Proposal to Provide Professional Services for City of Banning, CA History of BDO
Since our founding, the BDO
story has been one of continuous
response to our clients’ and peoples’
ever-changing needs.

Our history reflects the continuity and stability of a
network that has developed so successfully over more
than fifty turbulent years. Equally, our partners and
staff know that they are working for a well-established organization that is built upon clear values and a
successful past.

But for BDO, it does not stop there. We live and
operate in a challenging environment characterized by
an unpredictable global economy, ongoing political
upheavals, and the ever-present threat of terrorism
In common with all businesses, we must take strategic
decisions to ensure that we can continue to attract
global clients, enter new markets, improve
performance, and manage risk. We have invested in
global infrastructure technology and are ready—this is
what sets us apart from our competitors.

Above all, we will continue to deliver the exceptional
client service for which we are known, because this is
what differentiates us in our market. Technical
excellence is a given, but our exceptional client
service program is embedded in our strategy and
undertaken on a truly global level.
o The Proposal must demonstrate that the Company, or its key personnel, meets the minimum experience requirement in #Prerequisites with a legally registered business name, that provides services of a similar type and scope as described in the Scope of Services. A Company shall not have filed for bankruptcy under any business name over the past five (5) years.

III.A Years of experience
Have at least ten (10) years’ of experience, within the past ten (10) years under a legally registered business name, in providing services of a similar type and scope as described in the Scope of Services. Have not filed for bankruptcy under any business name over the past five (5) years.
1538
30 BDO | A Proposal to Provide Professional Services for City of Banning, CA Public Sector Industry Credentials

THOUGHT LEADERSHIP AND CLIENT

EDUCATION
We demonstrate our knowledge and experience in our
relevant client work and thought leadership — from
proprietary research to timely reports and industry
events, BDO is at the forefront of the public sector
conversation and believe in the power of industry
participation. Many of our practice professionals are in the field with our clients, author articles on salient
issues, and comment on breaking news. We are
speakers at industry conferences and seminars, are
active in organizations and trade associations, and
serve as resources for trade publications.

Our goal is to bring perspective on opportunities,
trends, issues and regulations that frame our approach
and services to address our clients’ needs.

Publications and technical updates
We share our knowledge through a variety of thought
leadership, keeping you abreast of relevant news and
hot topics that go beyond balance sheets and financial
statements.
 BDOKnows — series of newsletters, flash reports and
in-depth discussions addressing significant financial
reporting developments.
 Public-Private Partnership (P3s) — Drawing upon
our P3 practice’s 20+ year history, BDO’s
mobilization process can capture the unique
nuances to develop tailored strategies to win
alignment and approval for your development goals.
 Significant Accounting and Reporting Matters
Guide — quarterly digest of final and proposed
financial accounting standards.
 GASB, FASB, and Single Audit Flash Reports —
information about selected developments and
emerging issues are immediately e-mailed to BDO
professionals for timely communication to clients.
 Tax Newsletters and Alerts — updates on federal,
state, local, expatriate, and international
developments along with other specific tax planning
and strategy considerations.
 Industry Newsletters, Alerts, Reports, Proprietary
Studies, Infographics, and Surveys — a variety of
publications depicting specific industry issues,
emerging trends, and developments.

Topical resources available for our clients, include:
 Community Infrastructure Act: Community
Infrastructure
 Community Resilience: Community Resilience
 Innovation and Transformation: Business Innovation
 Corporate Governance and Financial Reporting:

Corporate Governance
 Single Audit: Frequently Asked Questions
 OMB Uniform Guidance
 The Latest in COVID-19 Funding Compliance
Guidance
o The Proposal must demonstrate that the Company, or its key personnel, meets the minimum experience requirement in #Prerequisites with a legally registered business name, that provides services of a similar type and scope as described in the Scope of Services. A Company shall not have filed for bankruptcy under any business name over the past five (5) years.

III.A Years of experience
Have at least ten (10) years’ of experience, within the past ten (10) years under a legally registered business name, in providing services of a similar type and scope as described in the Scope of Services. Have not filed for bankruptcy under any business name over the past five (5) years.
1539
31 BDO | A Proposal to Provide Professional Services for City of Banning, CA Fraud, Investigations, & Disputes
We provide exceptional service for
exceptional circumstances. When
scrutiny is most intense, organizations
must not only determine the facts, but
also determine them quickly.

FORENSIC ACCOUNTING & INVESTIGATIONS
BDO’s forensic accounting professionals provide
strategic guidance to organizations across the country
and around the world, helping them resolve high-stakes
matters involving fraud and corruption, accounting
irregularities, and a wide variety of compliance issues.  Corporate Investigations
 Anti-Bribery and
Corruption Investigations
 Fraud Prevention
 Global Investigations
 Government
Investigations
 Fraud Analytics
 Books and Records
Review
 Due Diligence
 Anti-Money Laundering
Law (AML), Bank Secrecy
Act (BSA), and Office of
Foreign Asset Control
(OFAC)
 Post-acquisition Disputes
 Monitorships
 Damages Analysis
o The Proposal must demonstrate that the Company, or its key personnel, meets the minimum experience requirement in #Prerequisites with a legally registered business name, that provides services of a similar type and scope as described in the Scope of Services. A Company shall not have filed for bankruptcy under any business name over the past five (5) years.

Our forensic accounting services include:
1540
32 BDO | A Proposal to Provide Professional Services for City of Banning, CA o Company shall provide at least 3 references, within the past 5 years, of clients for whom services have been performed that are comparable in quality and scope to that specified in this RFP. The references shall include client names, addresses, telephone numbers and e-mail addresses of the clients for whom prior work was performed and include an explanation of the services provided along with project start and end dates.

Client References
Below is a selection of prior engagements showing our technical abilities and quality of service. We invite you to reach out to hear what our clients have to say themselves. Please note that much of our investigation work is done under attorney-client privilege and therefore we are limited in which clients we can disclose in this service area.

ORGANIZATION NAME / TITLE / CONTACT

NUMBER DESCRIPTION OF THE WORK PERFORMED
State of West
Virginia
1900 Kanawha
Boulevard, East
Charleston, WV 25305
Ann Urling
Deputy Chief of Staff
Office of Governor Jim Justice
[email protected]
Phone – (304)-558-2000
• Assisted with the implementation of $4 billion+ of CARES/ARPA funds, including installing a robust risk management program and system of internal controls for the tracking and distribution of government funds
• Performed cost review/forensic analysis of ARPA grant funds to detect unallowable or fraudulent costs – regularly reported findings to Governor's office and provided guidance on proper risk management procedures
• Assisted with responding to Inspector General inquiries and desk reviews/audits
Fairbanks North Star
Borough
907 Terminal Street
Fairbanks, AK 99701
Jim Williams
Chief of Staff
[email protected]
Phone – (907)-459-1305
• Uncovered fraudulent activity within small business grant programs • Assisted with quantifying and assessing instances of fraud • Provided control remediation measures to mitigate future risks of fraud
Feed the Children
333 N. Meridian
Oklahoma City, OK
73107
Christy Tharp
Chief Financial Officer
[email protected]
Phone - (405)-945-4040
• Performed investigation of procurement procedures following allegation of kickbacks at local field office
• Performed Fair Market Analysis to establish reasonable pricing for purchased items to assess potential for fraud/waste/abuse • Completed Internal Control Assessment to ensure control gaps were filled
Planned Parenthood
Global
26 Bleecker St,
New York, NY 10018
Hilary M. Castillo (Currently at
Start NY)
Former Vice President, Global
Operations at PPFA
Chief Operating Officer
[email protected]
Phone – (929)-722-1398
• Conducted investigation of procurement practices following allegation of conflicts of interest at local field office • Completed Internal Control Assessment to ensure control gaps were filled
International Relief
and Development
(now known as
Blumont)
1621 N Kent Street
Arlington, VA 22209
Vladan Ilic (Currently at Winrock
International)
Former Assistant Vice President,
Finance at Blumont
Senior Director, International
Controller at Winrock
[email protected]
Phone – (703)-209-6788
• Led numerous investigations on behalf of the organization with its field operations to determine if waste, fraud, or abuse exists and/or if there is high likelihood for such behaviors
• Assessments required vendor and beneficiary procedures and calculations and potential irregularities.
1541
33 BDO | A Proposal to Provide Professional Services for City of Banning, CA Attorney References
As mentioned on the previous slide, much of our investigations work is done under the privilege of outside legal counsel. We invite you to reach out to our valued attorney contacts below for more information on our qualifications. Out of respect for them and their/our client’s privacy, we ask that specific client details not be requested, or those requests be limited. BDO will of course show the same discretion for the City should it be awarded this bid.

ORGANIZATION NAME / TITLE / CONTACT NUMBER
Venable LLP (LAW FIRM)
600 Massachusetts Ave NW
Washington, DC 20001
Dismas Locaria
Partner
[email protected]
Phone – (202)-344-8013
Crowell and Mooring LLP (LAW FIRM)
1001 Pennsylvania Avenue NW
Washington, DC 20004
Peter Eyre
Partner
[email protected]
Phone – (202)-624-2807
Wiley LLP (LAW FIRM)
2050 M Street NW
Washington, DC 20036
Brian Walsh
Partner
[email protected]
Phone – (202)-719-7469
Bass, Berry & Sims PLC (LAW FIRM)
1201 Pennsylvania Avenue NW
Washington, DC 20004
Todd R. Overman
Member
[email protected]
Phone - (202)-827-2975
1542
34 BDO | A Proposal to Provide Professional Services for City of Banning, CA Appendix
1543
35 BDO | A Proposal to Provide Professional Services for City of Banning, CA BDO Considerations of the City’s Sample
Agreement
Proposed Changes to the Contract – BDO USA
BDO USA (“BDO”) has reviewed the City of Banning’s (the “City”) Request for Proposal – Citywide Forensic Accounting and Investigation Services – RFP-23-040 (the “RFP”). We have provided below some exceptions to the City’s Professional Services Agreement (the “Agreement”) for your consideration and are confident that in the event that BDO is awarded any portion of the work as the result of the current RFP, we can reach mutually-agreeable terms that combine the needs of both the City and BDO. Notwithstanding anything to the contrary set forth in the RFP, the parties agree that any services shall be subject to such mutually agreeable terms rather than the Agreement.

General Provisions (Section VI, B)

1. Compensation and Method of Payment (Article 2)
a. We would like to add standard non-payment remedies to this section.

2. Schedule of Performance (Section 3.2)
a. We would like to clarify in this section that BDO’s services are contingent upon the timely cooperation of the City and its personnel.

3. Prohibition Against Subcontracting or Assignment (Section 4.5) a. We would like to discuss edits to this Section that would allow personnel from a BDO subsidiary to work on this engagement.

4. Insurance, Indemnification and Bonds (Article 5)
a. BDO is generally able to agree to the insurance coverage provisions of Sections 5.1-5.2, but we would also need to make certain edits to conform with BDO’s insurance coverage. b. We would like to remove Section 5.3.A as inapplicable to the contemplated services. c. As BDO’s services are intended solely for our clients and not for third parties, we do not typically give broad indemnities to our clients to cover claims brough by third parties. Accordingly, we cannot agree to the indemnity in Section 5.3.B(1), but we’d be happy to work on a compromise. d. As is standard for our professional services and industry, BDO would like to discuss certain applicable indemnities that we receive from our clients for our professional services. e. Limitation of liability: BDO would also like to discuss including language in the Agreement to the effect that, absent a party’s fraud or intentional misconduct, both parties should be responsible for only direct and compensatory damages, and that BDO’s total liability under the agreement be limited to some mutually agreeable amount.

5. Ownership of Documents (Section 6.3)
a. We would like to clarify in this section that the City will own BDO’s final deliverables. b. We would like to include a provision in this section that states that BDO retains ownership of our internal work papers that support and substantiate our services and include items such as work programs and analyses that do not constitute part of the deliverables to the City.

6. California Law (Section 7.1)
a. BDO’s strong preference is to resolve disputes through binding arbitration. We would like to discuss whether the City would consider a binding arbitration provision. If no, we can agree to resolve disputes by a bench trial, subject to a standard jury trial waiver.

BDO USA refers to BDO USA, P.C., a Virginia professional corporation, also doing business in certain jurisdictions with an alternative identifying abbreviation, such as Corp. or P.S.C.
1544
36 BDO | A Proposal to Provide Professional Services for City of Banning, CA BDO Considerations of the City’s Sample
Agreement Cont.

1. Liquidated Damages (Section 7.7)
a. We would like to confirm that this section is not applicable.

2. Termination Prior to Expiration of Term (Section 7.8) a. As is standard in BDO’s professional services and industry, we would like to include a termination term that would allow either party to terminate the agreement if required by professional standards or applicable law/regulation.

3. Attorneys’ Fees (Section 7.10)
a. We would like to remove this provision. BDO cannot agree to reimburse the City for its attorneys’ fees incurred in the enforcement of any remedies under the Agreement.

4. Conflict of Interest (Section 8.2)
a. Because BDO is a large professional services firm with operations throughout the U.S., we would like to limit this provision to the principals and employees providing services under the Agreement.

Additional Terms and Conditions
As a public accounting firm and consistent with industry standards, BDO would need the Agreement to include some of BDO’s standard engagement letter terms which include, among other provisions, terms that reflect BDO’s professional standards, including certain terms required under AICPA guidance. Upon request, we would be happy to provide the City with a template of our standard engagement letter for your review. This letter includes include the following provisions:

1. City Materials
a. We would like to include a provision that clarifies that BDO is entitled to rely on all representations, assumptions, information and data supplied by the City (the “City Materials”) and that the City is authorized to provide BDO with all such City Materials.

2. Third-Parties and Use
a. BDO’s standard agreements contain a provision that clarifies that our services are strictly for our client’s use only and that third parties are not permitted to rely in any manner on our services.

3. Subpoenas
a. We would like to discuss including the standard provision that, in the event of a subpoena or other legal process, the City will compensate BDO for our reasonable, documented time incurred in responding to such subpoena and related reasonable out-of-pocket expenses.

4. Email Communications
a. We would like to discuss adding a standard provision whereby BDO disclaims liability for the interception or unintentional disclosure of email transmissions.

5. External Computing Options/Licensing Representation
a. BDO would like to discuss whether, as part of the project, the City will request BDO to use third-party, external computing options or software and adding standard provisions to cover the use of such options. b. Additionally, if the services will require the use of such external computing options or software, we would request a representation from the City that it has obtained all licenses and authorizations necessary to allow BDO to access such options or software.

6. Restricted Federal Data
1545
37 BDO | A Proposal to Provide Professional Services for City of Banning, CA BDO Considerations of the City’s Sample
Agreement Cont.
a. BDO would like to include a provision clarifying that the services will not involve the processing of data subject to federal laws, regulations or government-wide policies that require safeguarding or dissemination controls.

1. Other Applicable Provisions
a. BDO Responsibilities
b. Client Responsibilities
c. Consent for Disclosure
d. Intellectual Property
1546
At BDO, our purpose is helping people thrive, every day. Together, we are focused on delivering exceptional and sustainable outcomes — for our people, our clients and our communities. Across the U.S., and in over 160 countries through our global organization, BDO professionals provide assurance, tax and advisory services for a diverse range of clients.

BDO is the brand name for the BDO network and for each of the BDO Member Firms. BDO USA, P.C., a Virginia professional corporation, is the U.S. member of BDO International Limited, a UK company limited by guarantee, and forms part of the international BDO network of independent member firms: www.bdo.com Material discussed in this publication is meant to provide general information and should not be acted on without professional advice tailored to your needs. © 2023 BDO USA, P.C. All rights reserved. 1547
NOVEMBER 28, 2023

A PROPOSAL TO PROVIDE
PROFESSIONAL SERVICES FOR:

HRS RATE
% BY
HOURS %BY COST TOTAL HRS RATE
% BY
HOURS %BY COST TOTAL | |
Partners 0.0 $265.00 0.00% $0.00 $0.00 0.0 $265.00 #DIV/0! #DIV/0! $0.00 | | Managers 180.0 $265.00 33.33% 0.340957827 $47,700.00 0.0 $265.00 #DIV/0! #DIV/0! $0.00 | | Supervisory Staff 360.0 $220.00 66.67% 0.566118656 $79,200.00 0.0 $220.00 #DIV/0! #DIV/0! $0.00 | | Staff 0.0 $200.00 0.00% 0 $0.00 0.0 $200.00 #DIV/0! #DIV/0! $0.00 | | Other 0.0 $200.00 0.00% 0 $0.00 0.0 $200.00 #DIV/0! #DIV/0! $0.00 | | SUB TOTAL 540.0 $126,900.00 0.0 $0.00 | |
Out of Pocket Expenses: $13,000.00 $0.00 | |
TOTAL BY YEAR $139,900.00 $0.00 | |
GRAND TOTAL $139,900.00 | |
BDO will be charging travel costs including airfare, hotel, meals, and rental cars. Rates will not exceed the IRS current rates.

Airfare $ 4,500
Hotel $ 6,000
Meals $ 1,500
Rental Car $ 1,000
Estimated Number of Days Onsite 10
Total $ 13,000

CITY OF BANNING FORENSIC INVESTIGATION AND ACCOUNTING SERVICES Phase 1 Phase 2 (if applicable)
Phase 1 Travel
BDO includes its hourly rates for Phase 2 (and beyond); however, an accurate cost estimate for Phase 2 costs
can only be provided at the conclusion of Phase 1, when the activities required for Phase 2 will be known.

DISCRIPTION / YEAR
COMPANY NAME > BDO USA, P.C.
2 BDO | A Proposal to Provide Professional Services for City of Banning, CA Pricing Form
1549
3 BDO | A Proposal to Provide Professional Services for City of Banning, CA Fee Assumptions

ASSUMPTIONS
Our Phase 1 fee estimate is based on the following
assumptions:
 A maximum 4 months of scope for investigation
services.
 10 days of onsite work and the remainder of days
being remote work.
 Hotel, airfare, rental car and meals for 2 BDO
personnel traveling to the City of Banning.
 Key documents are provided on the dates agreed and
there are no significant delays outside of our
control.
 Your personnel prepare schedules and analyses as
requested and are available to assist us as needed.
 Prior year workpapers will be made available for our
review.
 Financial statements and supporting schedules for all entities are prepared in-house by management.
 No significant changes occur in the internal
accounting controls, accounting systems, key
personnel, or structure of the organization.
 Read-only access to the City's financial reporting and payment systems.

COST ESTIMATES/PROFESSIONAL HOURLY
RATES
For Phase 1, we have completed the excel sheet
(provided by the City) and included our total maximum
cost estimate. An accurate cost estimate for Phase 2
costs can only be provided at the conclusion of Phase
1, when the activities required for Phase 2 will be
known. Below are our standard average hourly bill
rates which will be used to price future scopes of
work (e.g, Phase 2 and beyond). We evaluate these
rates each year to take inflation and salary increases
into consideration. We do not anticipate more than an
8% annual increase.

Professional Level Hourly Rates
Principal/Director $265
Senior Manager $265
Manager $240
Senior Associate $220
Associate $200
1550
At BDO, our purpose is helping people thrive, every day. Together, we are focused on delivering exceptional and sustainable outcomes — for our people, our clients and our communities. Across the U.S., and in over 160 countries through our global organization, BDO professionals provide assurance, tax and advisory services for a diverse range of clients.

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Lincoln Bogard, Administrative Services Director Lincoln Bogard, Administrative Services Director
MEETING DATE: March 12, 2024
SUBJECT: Interviews of Finalists from the Request for Proposals for Citywide Forensic Investigation Services
RECOMMENDATION:

Confirm intent to Move Forward and Select firm to conduct Citywide Forensic Investigation Services BACKGROUND:

The City hired a new Finance Director on June 23, 2022. Fiscal Year 2021-22 ended on June 30, 2022.

As a part of the year-end close process and completion of the audited financial statements, the Finance Director determined that the Electric Utility had approximately $4 million in unrestricted cash at fiscal year end. In approximately October 2022, the City Manager, Finance Director, and Deputy Finance Director held discussions with the then Electric Utility Director, about the low levels of cash reserves at the electric utility. The Council determined that the Electric Utility would maintain an unrestricted cash reserve of $11 million. The audited financial statements confirmed that $4 million level of unrestricted cash. Continuing conversations occurred over the remainder of FY 2022-23, and the Finance Director (now Administrative Services Director) conducted a much more thorough analysis as the departments unrestricted cash ultimately moved negative department-wide in March and April of 2023. When the Administrative Services Director brought the June 30, 2023, negative unrestricted cash balance of approximately $9 million (later revised based on year-end GASB 31 entries to negative $8.6 million) to the City Manager, we agreed on the critical importance of reporting the results to Council. The analysis was presented to Council in a Special Session on August 15, 2023. Also in August, we moved forward with contracting GHJ Associates to perform a Phase 1 forensic investigation into the results of operations since 2018. Council expanded the scope of the forensic investigation twice. The final results were presented to Council and the public on February 27, 2024.

The forensic investigation confirmed the reporting that was made to Council on August 15, 2023. That meeting can be viewed online and is accessible from the City’s website. The majority of cash spend related to capital asset construction and was approved by Council as a part of the Capital Improvement Plan. While there were issues of non-conformance with procurement policy issues, Council retroactively approved all instances identified, and no allegations of fraud were noted in the forensic investigation.

When Council and the public were informed about the cash decline that electric incurred over the last five years, some Councilmembers and residents expressed a desire to have a Citywide investigation performed. The Administrative Services Director stated that no other issues were identified in his 1552
Evaluation Criteria
Criteria Weight (Points)
Qualifications 25 (25% of Total)
Pricing 25 (25% of Total)
Experience (Projects of similar size and
scope)
25 (25% of Total)
Professional References 10 (10% of Total)
Approach and Methodology 10 (10% of Total)
Value Added Services 5 (5% of Total)
Aggregate Scores Summary
Vendor Evaluator 1
Evaluator
2 Evaluator
3 Evaluator 4 Evaluator 5
Evaluator
6 Total
Score
(Max
Score
100)
Marsh
Minick,
P.C.
89 84 95 94 86 83 88.5

FORVIS,
LLP
87 85 89 90 89 86 87.67

BDO USA,
P.C.
85 86 91 89 97 59 84.5
GHJ
Advisors
83 87 81.5 81 99 62 82.25
Citywide analysis, but that he and the City Manager were agreeable to a Citywide investigation into treasury functions (cash in particular). The Administrative Services Director obtained Council approval to issue a Request for Proposals (RFP) for this investigation. Staff also recommended that the evaluation of submissions be conducted by Finance Directors from other area local governments in the Pass Area and Coachella Valley. Council approved and those Finance Directors and the elected City Treasurer for the City of Banning conducted the evaluation of the six proposals submitted for consideration.

JUSTIFICATION:

When the final results of the forensic investigation of the electric utility were presented to Council on February 27, 2024, several members of the public expressed concern that the City Council had authorized $153,000 for the investigation that had not identified much more than the Finance Director (Administrative Services Director) presented to Council and the public on August 15, 2023.

Staff is aware that the cost of a Citywide forensic investigation of cash could run as much as four times as much as the electric utility, depending on the number of Phases approved by Council. If no other areas of concern are identified the cost could be as low as the electric investigation.

Staff has scheduled interviews with the top three evaluated firms for this meeting. The scoring results of all firms are below. Interviews are scheduled for Marsh Minick, P.C., FORVIS, LLP, and BDO USA, P.C. 1553
McKenzie
Forensic
Auditors,
Inc.
72 80 77 87 90 58 77.33
Engel &
Engel, LLP

42.5 63 45 78 75 34 56.25
Vendor Scores By Evaluation Criteria
Vendor
Qualifications
(25 Points)
Pricing
(25
Points)
Experience
(25 Points)
Professional
References
(10 Points)
Approach
and
Methodology
(10 Points)
Value
Added
Services
(5 Points)
Total
Score
(Max
Score
100)
Marsh
Minick,
P.C.

24.2 19.5 24.3 8.3 8.7 3.5 88.5

FORVIS,
LLP

24.2 16.3 24.2 9.7 9.2 4.2 87.67

BDO USA,
P.C.

20.7 20 21.5 9 8.5 4.8 84.5
GHJ
Advisors

23.3 17.9 20.3 8.7 7.7 4.3 82.25
McKenzie
Forensic
Auditors,
Inc.

21.5 22 18.7 6.7 6.7 1.8 77.33
Engel &
Engel, LLP
19 7.7 14.5 7.2 6.8 1.1 56.25
FISCAL IMPACT:

If no firm is chosen and staff is directed to perform a deeper dive there will be no fiscal impact except staff time.

Phase 1 services will likely cost between $50,000 to $150,000.

If a Phase 2 is contracted that will likely cost four to six times as much as Phase 1.

Any additional Phases would be at the direction of Council and would be priced at that time if requested.

ALTERNATIVES:

Take no action to complete the Citywide Forensic Investigation and task staff with additional research and presentation to Council.

Select from the three firms interviewing to enter into a contract for a forensic investigation of Treasury functions with a focus on cash. (Staff will negotiate the agreement with the selected firm and bring to Council at the earliest Regular City Council Meeting possible.) Provide alternative direction to staff.

ATTACHMENTS:

1. Marsh_Minick_Proposal.pdf
1554

2. FORVIS_Proposal.pdf

3. BDO_USA_Proposal.pdf
1555

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Lincoln Bogard, Administrative Services Director Lincoln Bogard, Administrative Services Director
MEETING DATE: March 26, 2024
SUBJECT: Consideration of Whether to Conduct a Citywide Forensic Investigation and, if so, Select a Finalist from the Request for Proposals for Citywide Forensic Investigation Services
RECOMMENDATION:

Confirm the City Council's consensus to engage a firm to perform a citywide forensic investigation of Treasury functions with a focus on cash and, if so, select one of the finalist firms that submitted a proposal in response to the Request for Proposals for Citywide Forensic Investigation Services and direct the City Manager to negotiate an agreement with the selected firm for the City Council's future consideration.

BACKGROUND:

The City hired a new Finance Director on June 23, 2022. Fiscal Year 2021-22 ended on June 30, 2022.

Almost all areas of concern from a financial operations perspective can be identified through a thorough analysis of cash. Ultimately, the Electric Utility unrestricted cash balances decreased by over $30M 1556
Evaluation Criteria
Criteria Weight (Points)
Qualifications 25 (25% of Total)
Pricing 25 (25% of Total)
Experience (Projects of similar size and
scope)
25 (25% of Total)
Professional References 10 (10% of Total)
Approach and Methodology 10 (10% of Total)
Value Added Services 5 (5% of Total)
Aggregate Scores Summary
Vendor Evaluator 1
Evaluator
2 Evaluator
3 Evaluator 4 Evaluator 5
Evaluator
6 Total
Score
(Max
Score
100)
during Mr. Miller’s tenure (2018-2024, and as of June 30, 2023).

When Council and the public were informed about the cash decline that electric incurred over the last five years, some Councilmembers and residents expressed a desire to have a Citywide investigation performed. The Administrative Services Director stated that no other issues were identified in his Citywide analysis, but that he and the City Manager were agreeable to a Citywide investigation into treasury functions (cash in particular). The Administrative Services Director obtained Council approval to issue a Request for Proposals (RFP) for this investigation. Staff also recommended that the evaluation of submissions be conducted by Finance Directors from other area local governments in the Pass Area and Coachella Valley. Council approved and those Finance Directors and the elected City Treasurer for the City of Banning conducted the evaluation of the six proposals submitted for consideration.

JUSTIFICATION:

When the final results of the forensic investigation of the electric utility were presented to Council on February 27, 2024, several members of Council and the public expressed concern that the City Council had authorized $153,000 for the investigation that had not identified much more than the Finance Director (Administrative Services Director) presented to Council and the public on August 15, 2023.

Staff is aware that the cost of a Citywide forensic investigation of cash will likely cost as much as or several times more than the electric utility investigation, depending on the number of Phases approved by Council. If no other areas of concern are identified the cost could be as low as the electric investigation.

Council conducted interviews with the top three evaluated firms (Marsh Minick, P.C., FORVIS, LLP, and BDO USA, P.C.) on February 27, 2024. The initial round of scoring results of all firms are below. City staff provided the Council with the proposals and asked the Council to score the firms prior to this meeting and the top-rated firm will be disclosed to Council at this meeting for potential approval of initiating a contract.
1557
Marsh
Minick,
P.C.
89 84 95 94 86 83 88.5

FORVIS,
LLP
87 85 89 90 89 86 87.67

BDO USA,
P.C.
85 86 91 89 97 59 84.5
GHJ
Advisors
83 87 81.5 81 99 62 82.25
McKenzie
Forensic
Auditors,
Inc.
72 80 77 87 90 58 77.33
Engel &
Engel, LLP

24.2 19.5 24.3 8.3 8.7 3.5 88.5

FORVIS,
LLP

24.2 16.3 24.2 9.7 9.2 4.2 87.67

BDO USA,
P.C.

20.7 20 21.5 9 8.5 4.8 84.5
GHJ
Advisors

23.3 17.9 20.3 8.7 7.7 4.3 82.25
McKenzie
Forensic
Auditors,
Inc.

21.5 22 18.7 6.7 6.7 1.8 77.33
Engel &
Engel, LLP
19 7.7 14.5 7.2 6.8 1.1 56.25
FISCAL IMPACT:

If no firm is chosen and staff is directed to perform a deeper dive there will be no fiscal impact except staff time.

Phase 1 services will be as identified in the selected proposal.

If a Phase 2 is contracted that will likely cost four to six times as much as Phase 1, if not already identified in the selected proposal.

Any additional phases would be at the direction of Council and would be priced at that time if requested.
1558
ALTERNATIVES:

1. Take no action to complete a citywide forensic investigation.

2. Take no action to complete a citywide forensic investigation and task staff with additional research and presentation to Council.

3. Select a firm from the three finalist firms previously interviewed by the City Council to enter into a contract for a forensic investigation of Treasury functions with a focus on cash. (Staff will negotiate the agreement with the selected firm and bring to Council at the earliest regular City Council meeting possible.)

4. Provide alternative direction to staff.

ATTACHMENTS:

1. Marsh_Minick_Proposal.pdf

2. FORVIS_Proposal.pdf

3. BDO_USA_Proposal.pdf
1559

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Lincoln Bogard, Administrative Services Director MEETING DATE: September 10, 2024
SUBJECT: Presentation of Initial Results of the Citywide Forensic Investigation RECOMMENDATION:

Receive and file.

BACKGROUND:

The City hired a new Finance Director on June 23, 2022. Fiscal Year 2021-22 ended on June 30, 2022.

As a part of the year-end close process and completion of the audited financial statements, the Finance Director determined that the Electric Utility had approximately $4 million in unrestricted cash at fiscal year end. In approximately October 2022, the City Manager, Finance Director, and Deputy Finance Director held discussions with the then Electric Utility Director, about the low levels of cash reserves at the electric utility. The Council had previously determined that the Electric Utility would maintain an unrestricted cash reserve of $11 million. The audited financial statements confirmed that $4 million level of unrestricted cash. Continuing conversations occurred over the remainder of FY 2022-23, and the Finance Director (now Administrative Services Director) conducted a much more thorough analysis as the department's unrestricted cash ultimately moved negative department-wide in March and April of 2023. When the Administrative Services Director brought the June 30, 2023, negative unrestricted cash balance of approximately $9 million (later revised based on year-end GASB 31 entries to negative $8.6 million) to the City Manager, we agreed on the critical importance of reporting the results to Council. The analysis was presented to Council in a Special Session on August 15, 2023. Also in August, we moved forward with contracting GHJ Associates to perform a Phase 1 forensic investigation into the results of operations since 2018. Council expanded the scope of the forensic investigation twice. The final results were presented to Council and the public on February 27, 2024.

When Council and the public were informed about the cash decline that electric incurred over the last five years, some Councilmembers and residents expressed a desire to have a Citywide investigation performed. The Administrative Services Director stated that no other issues were identified in his Citywide analysis, but that he and the City Manager were agreeable to a Citywide investigation into treasury functions (cash in particular). The Administrative Services Director obtained Council approval to 1560
issue a Request for Proposals (RFP) for this investigation. Staff also recommended that the evaluation of submissions be conducted by Finance Directors from other area local governments in the Pass Area and Coachella Valley. Council approved and those Finance Directors and the elected City Treasurer for the City of Banning conducted the evaluation of the six proposals that were submitted for consideration.

Council conducted interviews with the top three evaluated firms (Marsh Minick, P.C., FORVIS, LLP, and BDO USA, P.C.) on February 27, 2024.

JUSTIFICATION:

City Council voted to have the Administrative Services Director conduct the citywide investigation rather than hiring an external firm to provide that service. The Administrative Services Director is a Certified Fraud Examiner (CFE) and a Certified Public Accountant (CPA). Council felt that the accuracy of the initial staff presentation on August 15, 2023, provided confidence in the Administrative Services Director to perform the citywide forensic investigation.

Staff has performed a citywide analysis of cash for the past seven year and identified only three additional funds that should be investigated further. Those funds are the General Fund, the Risk Management Fund, and the Information Technology Fund.

There are some factors that mitigate the likelihood of significant findings as discussed below:

General Fund - Financial Projections performed in 2018 for ballot measures N, O, and P, showed that the General Fund would be bankrupt by June 30, 2023. The actual performance of the General Fund has been better than those projections, but not significantly. Staff determined that cash declines in at least one year deviate from the results of operations enough to warrant further investigation. Upon completion of that additional analysis, staff will bring any identified concerns or explanations to Council for discussion.

Risk Management Fund - Insurance costs have increased at a rate of around thirty percent (30%) per year for at least the last three years. In addition to that, legal and investigative costs were higher than historical in Fiscal Years 2022-23 and 2023-24. We are seeing some reductions in those costs in 2024.

Since this fund's revenue is generated through the Cost Allocation Plan, a growing deficit is explainable.

Staff will be bringing this Internal Service Fund back to breakeven through the Cost Allocation Plan within the next five years. Even with those mitigating factors, staff will perform more investigative analysis to ensure that no deeper concerns have remained unidentified.

Information Technology Fund - This fund has slowly fallen behind over the years with the Cost Allocation Plan failing to keep pace with the growth of the City's Information Technology needs. In Fiscal Year 2023-24, a large net cash outflow for the year occurred. This is at least partially explained by the network infrastructure overhaul that took place over the last year. Even with those mitigating factors, staff will perform more investigative analysis to ensure that no deeper concerns have remained unidentified.

FISCAL IMPACT:

None. Council previously approved a contract with Eide Bailly to provide Year-End Close assistance to help remove some duties from the Administrative Services Director to help provide bandwidth for the performance of this investigation.

ALTERNATIVES:

Provide feedback and direction to staff.

BUDGETED?:

No
CONTRACT/AGREEMENT:
1561
No
ATTACHMENTS:

1. Results Summary By Fund

2. Citywide Budget-to-Actual Analysis By Fund
1562

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: December 10, 2024
SUBJECT: Consideration of Resolution 2024-197, Awarding a Professional Services Agreement to Webb Municipal Finance, LLC for Municipal Assessments Services to Reinstate County Service Area 152, National Pollutant Discharge Elimination System Stormwater Assessment in the amount of $19,650 Including a 10% Contingency, and Updating the City Council on Public Outreach Efforts related to the Reinstatement of the County Service Area 152 Stormwater Assessment
RECOMMENDATION:

Adopt Resolution 2024-197.

BACKGROUND:

The National Pollutant Discharge Elimination System (NPDES) is a federally mandated program to control non-point sources of runoff pollution. The NPDES program is part of the Clean Water Act enacted by Congress in 1987. The California Regional Water Quality Control Board, Colorado River Basin, Region No. 7, in implementing the U.S. Environmental Protection Agency’s storm water NPDES permit program, requires that Districts and Incorporated Cities within the Whitewater River Basin obtain a joint permit to discharge storm water into the various storm channels and washes throughout the Whitewater River Watershed area. The Riverside County Flood Control and Water Conservation District (RCFC&WCD) and Riverside County are acting as the Lead Agency with the City of Banning being a copermittee, along with the various other agencies and municipalities located within the Whitewater River Basin. This current Permit was adopted by the Regional Board on June 20, 2013, expired on June 19, 2018 and has been negotiated and worked on with the affected parties over the past six years. A new permit (“2025 NPDES Permit”) which has resulted from the ongoing negotiations with the Regional Board is currently in review. It is anticipated to be adopted by the end of fiscal year (FY) 2024/2025 and will take effect 90 days later.

The City of Banning is required, through Best Management Practices (BMPs), to implement practices within our community which reduce pollutants entering into the storm drain system to the maximum extent practicable. The major components of the existing and 2025 NPDES Permit to implement the BMPs include: project management, attendance at Desert Task Force meetings, record keeping and Annual Report preparation; illegal dumping and illicit connection detection, inspection, spill prevention and cleanup activities; commercial and industrial facilities inspections (about 60 per year) and the review of all City issued business licenses for SB 205 compliance; implementing land development and plan review procedures including plan check, preparing Conditions of Approval, reviewing erosion control plans and WQMPs and ensuring post construction self-inspections are performed annually by required businesses; enforcing and implementing construction activities requirements of City and private 1563
development projects including construction site inspections, review of developer’s BMPs, erosion control plans and SWPPPs (Stormwater Pollution Prevention Plans), and ensuring compliance with the Regional Board’s Construction General Permit requirements; maintaining City facilities, including the City Corporate and Water Yards and Fire Station, and storm drains and performing inspections and maintenance, removing trash and debris from the storm drain system, and from roads through street sweeping; and implementing public education and outreach programs by providing brochures to the public at City events and at the public counter, to businesses and contractors through inspections and storm water training of municipal staff.

The main new requirements of the 2025 NPDES Permit are:
• Asset Management
• Fiscal Cost Analysis/Cost Reporting
• Urban Pesticides
• Trash Amendment/Trash Capture Device Installation
• New Construction General Permit
• Continued SB 205 Compliance, business license verification of SIC Codes The NPDES program costs the City about $300,000 annually to manage the current NPDES Permit. The new 2025 NPDES Permit will cost more due to its new requirements. One way to generate revenue for the program would be to reinstate a “grandfathered” assessment from 1994, called the County Service Area (CSA) 152 NPDES assessment. This stormwater assessment is currently collected by the County on behalf of a number of participating cities via property tax bills. The County administers and manages the CSA 152 program funds pursuant to CSA 152 Administrative Services Agreements with the participating cities. The County last collected the assessment in the City in 1994 at a rate of $4.72/BAU/year. A BAU is a “benefit assessment unit” as defined by the County. If the assessment is resumed, an owner of a single-family home in the City would pay 1 BAU/year, amounting to $ 4.72/year.

Since the rate was adopted in 1994 prior to the passage of Proposition 218, any increase in the rate would require a Proposition 218 Hearing and vote through an assessment balloting proceeding.

Recent Updates
Engineering Division staff met with the Riverside County Economic Development Office and the City Attorney’s Office several times over the past year to gather information and determine if the City or County had ever withdrawn from the CSA 152 Administrative Services Agreement with the County. After researching this, it appears neither the City nor County ever withdrew from the CSA 152 Agreement and, if the City Council would be inclined to do so, the City could have the County resume collecting the assessment starting in FY 2025/2026. In essence, the stormwater assessment is “grandfathered in” as an allowable assessment prior to Proposition 218 so long as the rate is not increased.

Additionally, there appears to be a reserve of about $46,000 collected by the County from 1994 that was not utilized for City stormwater expenses and thus is due to be reimbursed to the City, for qualified stormwater expenses. These funds could be used to pay for the CSA 152 Assessment consultant and other stormwater expenses.

Background on CSA 152 NPDES Assessment
LAFCO annexed the City of Banning into County Service Area 152 when the County of Riverside adopted Resolution No. 93-454 (Attachment 3) on December 21, 1993, at the City’s request, in order to have the County place an assessment on property owner’s tax bills to fund expenditures required by the NPDES Permit. On March 22, 1994, City Council Resolution No. 1994-028 (Attachment 4) was adopted to fund the City’s NPDES program, whereby the annual assessment rate for FY 1994/1995 for CSA 152 was set at $4.72 per Benefit Assessment Unit.

On September 27, 1994 the City Council adopted Resolution No. 1994-107, approving the Administrative Services Agreement (“1994 Agreement”) for the CSA 152 Program between the City of Banning and 1564
Riverside County, shown as Attachment 5. The County had formed CSA 152 to finance portions of its programs and obligations associated with its Municipal NPDES Permit. The 1994 Agreement sets forth the responsibilities of the County and City with respect to the assessment. It provides for the City to annually approve a budget and report its activities in connection with its NPDES costs to the City. In addition, the City is responsible for updating parcel information for properties in the City. The County incorporates the City’s budget and the budgets of other participating cities into the County’s CSA 152 budget, holds an annual hearing, approves the assessments, and submits the assessments for collection on the Tax Roll. Both County and City Engineering Division staff performed research, and no records were found showing either party has ever withdrawn from this Agreement. Numerous other cities also joined CSA 152 to ensure funding of their NPDES program.

On July 11, 1995, by approving Resolution No. 1995-125 (Attachment 6), the City Council elected to use reserves (Option C) from the previous FY 1994/1995 instead of requiring that the property owners be assessed in FY 1995/1996. Therefore, the annual assessment was $0.00 per BAU for FY 1995/1996. It should be noted there was a surplus that first year because the NPDES program was just starting.

Further research shows that no annual staff reports or resolutions were approved by City Council to allow for collection of the annual assessment in subsequent years.

Calculation of the CSA 152 Assessment
In late 1993, the County of Riverside annexed the City of Banning into its CSA 152. The City, acting through the County and CSA 152, is able to collect an assessment on individual parcels within the City that contain a structure. Each parcel is assigned a certain number of "benefit assessment units" or "BAUs." For instance, a single-family home, regardless of its size, is assigned one BAU, while commercial property is assigned 12 BAUs per acre. One BAU costs the property owner $4.72/year.

Vacant and undeveloped land is exempt, regardless of its land use code.

When CSA 152 was formed, the County determined the formula and methodology to use to calculate the number of BAUs for each type of property. The details and examples of calculations for various land uses are shown on Resolution No. 1994-028 (Attachment 4), starting on page 4 of 12, which is County Ordinance No. 573. A parcel’s land use was used to determine its runoff coefficient and BAU/acre (listed in the table), and the developed (assumed to be impervious) area in acres of the parcel is used to determine the number of BAUs and thus cost per year. If the CSA 152 stormwater assessment is proposed to resume, a municipal assessment consultant will be hired by the City to calculate the BAUs for each parcel to be placed on the Tax Roll.

As an example calculation, a Commercial/Industrial property (see below table, Group A, with 12 BAUs/Acre) that is a 10.0 acre commercial/industrial parcel, with a developed area of 8.0 acres, with a City of Banning BAU rate of $4.72 per year:

No. of BAUs = (Developed Parcel Area) X 12 BAUs/Acre = 8 X 12 = 96 BAUs Therefore, the assessment would be: 96 BAUs X $4.72/BAU = $453.12 per year.

The Table below shows the six (6) categories of land use, their respective runoff factors and the BAU per acre. Note that a single-family residence was used as the basis for one BAU. It is the proportionate runoff from a 1/6 acre or .17 acre property for one BAU and other sized parcels and land uses will have multiples of this basic unit.

CSA 152 Update: Public Outreach Performed and Schedule of Requirements to Reenact CSA 152 On September 24, 2024, a workshop was presented by the Deputy Director of Public Works/City Engineer and the City Council decided that they would like to pursue reinstating the CSA 152 assessment. The staff report and related documents are included as Attachment 8. A public participation and community outreach phase occurred in October and November of 2024 (summary is shown as Attachment 9) to let the residents and property owners know of public meetings held with the Public 1565
Works Department to explain the CSA 152 assessment and its purpose with regard to providing funds for the NPDES Program.

Three Open House presentations were given to the residents as follows:
• Banning Public Library, October 28th from 4:00 pm to 5:45 pm • Banning Senior Center, October 30th, from 10:00 am to 11:00 am • Sun Lakes HOA, November 5th, from 1:00 pm to 3:00 pm
Flyers advertising the meetings and containing important facts, a FAQ Fact sheet, and CivicSpace project website were created, and the City’s website Stormwater page was updated. The Deputy Director of Public Works/City Engineer presented the PowerPoint presentation and answered any questions the public had. The main question from the public was whether or not the CSA 152 rate of $4.72/BAU would increase each year. The response was that the rate cannot increase without a Prop 218 hearing and ballot procedure. Overall, the feedback from the public is in support of reinstating the CSA 152 stormwater assessment.

The CSA 152 Agreement with the County of Riverside is being updated by the County and was given to staff in mid-November of 2024 for staff and City Attorney’s Office review. There are no significant changes; their Administration Fee for managing the assessment funds for the cities will remain at 6% of the revenues collected. It is anticipated that in January of 2025, this new CSA 152 Agreement will be bought to City Council for consideration and execution.

The City Council will then be asked to approve the NPDES budget and current assessment rate/levy of $4.72/BAU for FY 2025/2026 in the Spring of 2025. The City would need to provide the County with the list of Assessor Parcel Numbers (APNs) to place on the FY 2025/2026 Tax Roll by mid-May of 2025.

Cities must provide any updates/additional parcels from new development annually to the County. Webb Municipal Finance, LLC or a firm with similar expertise could manage this process for the City in subsequent fiscal years.

Consultant Contract
A Request for Proposals (RFP) 24-086, “Municipal Assessments Services to Reinstate County Service Area (CSA 152) Stormwater Assessment”. was prepared to hire a municipal district financing consultant firm. On October 2, 2024, Purchasing Division staff released the RFP through the Open Gov electronic bidding program notifying qualified firms of the opportunity to provide proposals. The RFP was advertised in the Press Enterprise on October 11, 2024, shown as Attachment 10. This RFP Scope of Work provides for preparing the required Assessment/Levy Report to determine the number of benefit assessment units (BAUs) for each property within the City, identify which parcels within the City are eligible to be assessed and prepare any required assessment documents.

On October 2, 2024, Purchasing Division staff released the RFP through the OpenGov program notifying qualified firms of the opportunity to provide proposals, (RFP) 24-086, “Municipal Assessments Services to Reinstate County Service Area (CSA 152) Stormwater Assessment”. The deadline for submitting proposals was October 30, 2024 and three (3) firms responded with submittals.

An evaluation committee consisting of three (3) City staff members, evaluated the three (3) proposals that were received based on qualifications of key personnel, experience in preparing CSA 152 Assessment Reports in Riverside County, approaches in providing the scope of work services, references, and price proposals.

Listed below are the three (3) firms that submitted proposals in order of the total combined score received from the three (3) evaluators:

CONSULTANT TOTAL SCORE
1566
Webb Municipal Finance, LLC 85.00
Harris & Associates 80.33
NBS 74.33
Webb Municipal Finance, LLC received the highest score, and their Proposal and Fee Proposal are shown as Attachments 11 and 12, respectively. The company is a reputable qualified firm that has successfully provided services to the City in the past with LMD No. 1 annexations and Prop 218 financial analysis and ballot proceedings, and they have performed similar CSA 152 services for several cities within the same CSA 152 group and as a result, staff recommends the contract award to Webb Municipal Finance, LLC in the amount of $19,650.

The City Council will be asked to approve the NPDES budget and current BAU rate of $4.72/BAU for FY 25/26 in the Spring of 2025. The City would need to provide the County with the list of Assessor Parcel Numbers (APNs) to place on the FY 2025/2026 Tax Roll by mid-May of 2025. Cities must provide any updates/additional parcels from new development annually to the County. Webb Municipal Finance, LLC could manage this process for the City in future fiscal years, if the City needs assistance, for up to four single additional years. This would make the Agreement term for up to five years, based upon satisfactory performance each year. A “not to exceed” total five year contract amount of $60,000 is requested to assist with new assessment roll updates from new development and unanticipated work that could not be done in house, if needed. The effort and consultants cost required to calculate all of the BAUs for each assessable City property is much higher for this initial year than in subsequent years.

JUSTIFICATION:

The upcoming 2025 NPDES Permit will become effective in late 2025 and it has new and enhanced requirements that will significantly impact the City financially, as additional computer software, trash capture devices, consultant costs and City staff time will be needed.

FISCAL IMPACT:

CSA 152 provides a funding mechanism for the NPDES program. Eleven cities, including Palm Springs, Rancho Mirage, and Desert Hot Springs also joined CSA 152 to ensure funding of their NPDES program.

The County adopted Resolution No. 2024-117 on July 9, 2024, adopting charges for the County Service Areas, including CSA 152, for FY 2024/2025, shown as Attachment 7. Since assessments have not been collected from properties in the City since 1994, the funding source for the NPDES program is now absorbed by City of Banning Streets Department (Fund 100). The Public Works Dept., Streets Division assists with the implementation and Engineering Division staff manages the NPDES program in-house.

Consultants are utilized for Water Quality Management Plan and Erosion Control Plan review (the developer pays these fees through deposits) and for NPDES stormwater and industrial waste inspections. The NPDES program costs the City about $300,000 annually to manage the current NPDES Permit. Those costs are expected to be much higher (likely 35%) with the new permit given the new mandates. Current costs for compliance with the NPDES is a financial strain on the Streets Fund and any increase in costs would likely have to be supplemented by a General Fund transfer. The municipal special district financing consultant will determine the estimated revenue to be collected from the assessment, and a rough estimate would be between $75,000 and $110,000/year, which would substantially help with the NPDES program costs. Stormwater program responsibilities are completed by about ten (10) Public Works Dept. staff members on a part-time and as-needed basis, but there are no full-time staff assigned to the program.

In anticipation of the upcoming new 2025 NPDES Permit cost/fiscal reporting requirements, a new stormwater fund Account 105 was created to track expenses. A budget appropriation and transfer in the amount of $19,650 (inclusive of the 10% contingency) from the Streets Fund (100) to Account No. 105- 6100-455.33-11 (Professional Services) is needed to fund the Professional Services Agreement. The cost for any updates to the Assessment Roll in future years will be budgeted into the 105-6100-455.33- 11 account.
1567
ALTERNATIVES:

If the City Council elects to not approve this Resolution, there will be no CSA 152 stormwater assessment collected on the FY 2025/2026 Tax Roll. The NPDES Program would continue to be an unfunded mandate, with no revenue collected to support the program. and its costs would continue to be absorbed by the Streets Fund, which is currently fiscally strained. The new 2025 NPDES Permit has significant costs associated with it and will continue to rise over the future. The NPDES Permit must be complied with to avoid fines from Regional Board No. 7 of the State Water Resources Control Board.

BUDGETED?:

No
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2024-197 CSA 152.docx

2. Reso 2024-197 Exhibit A PSA to WMF.pdf

3. Att. 2 - CSA 152 Presentation.pptx

4. Att. 3 - County Reso. No. 93-454, formation of CSA 152, 12.21.93.pdf

5. Att. 4 - CC Reso. No. 1994-028, approving initial CSA 152 rates, 3.22.94.pdf

6. Att. 5 - CC Reso. No. 1994-107, approving CSA 152 Agree.pdf

7. Att. 6 - CC Reso. No. 1995-125, asking Council to approve or cease CSA 152, 7.11.95.pdf

8. Att. 7 - County Reso. 2024-117, CSA adoption FY 2425, 7.9.24.pdf

9. Att. 8 - Sept. 24, 2024 Workshop Info.pdf

10. Att. 9 - Public Outreach Summary.pdf

11. Att. 10 - Press Enterprise Proof of Ad, 10.11.24.pdf

12. Att. 11 - Webb Municipal Finance Proposal, 10.30.24.pdf

13. Att. 12 - Webb Municipal Finance Fee Proposal, 10.30.24.pdf 1568
Resolution 2024-197

Page 1 of 5 ends

RESOLUTION 2024-197

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

AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL ASSESSMENTS SERVICES TO REINSTATE COUNTY SERVICE AREA 152, NATIONAL POLLUTANT

DISCHARGE ELLIMINATION SYSTEM STORMWATER ASSESSMENT TO WEBB MUNICIPAL FINANCE, LLC IN THE AMOUNT OF $19,650, INCLUDING A 10% CONTIGENCY WHEREAS, the National Pollutant Discharge Elimination System (NPDES) is a federally mandated program to control non-point sources of runoff pollution and the NPDES program is part of the Clean Water Act enacted by Congress in 1987. The California Regional Water Quality Control Board, Colorado River Basin, Region No. 7, in implementing the U.S. Environmental Protection Agency’s storm water National Pollutant Discharge Elimination System (NPDES) permit program, requires that the Districts and Incorporated Cities within the Whitewater River Basin obtain a joint permit to discharge storm water into the various storm channels and washes throughout the Whitewater River Watershed area; and
WHEREAS, the Riverside County Flood Control and Water Conservation District (RCFC&WCD) and Riverside County are acting as the Lead Agency with the City of Banning being a co-permittee, along with the various other agencies and municipalities located within the Whitewater River Basin. The new 2025 NPDES Permit will cost the City much more to implement due to its new requirements; and
WHEREAS, one way to generate revenue for the program would be to reinstate a “grandfathered” assessment from 1994, called the County Services Area (CSA) 152 NPDES assessment and this stormwater assessment is currently collected by the County on behalf of a number of participating cities via property tax bills; and WHEREAS, on September 10, 2024, a CSA 152 Stormwater assessment workshop was presented by the Deputy Director of Public Works/City Engineer and the City Council decided that they would like to pursue reinstating the CSA 152 assessment; and WHEREAS, a public participation and community outreach phase occurred in October and November of 2024 to let the residents and property owners know of public meetings held with the Public Works Dept. to explain the CSA 152 assessment and its purpose with regard to providing funds for the NPDES Program; and
WHEREAS, on October 2, 2024 a Request for Proposals (RFP) No. 24-086 was released to hire a municipal district financing consultant firm. The Scope of Work provides for preparing the required Assessment/Levy Report to determine the number of benefit assessment units (BAUs) for each property within the City, identifying which parcels within the City are eligible to be assessed and preparing any required assessment documents. Additionally, this consultant could manage this annual update of new parcels, BAU calculation and the update process for the City each year up to four additional years if the City so desires; and WHEREAS, an evaluation committee consisting of three (3) City staff members, evaluated the three (3) proposals that were received, based on qualifications of key personnel, experience in preparing CSA 152 Assessment Reports in Riverside County, approaches in providing the scope of work services, references, and price proposals; and 1569
Resolution 2024-197

Page 2 of 5 ends

WHEREAS, Webb Municipal Finance, LLC had the highest combined score from the three evaluators and is a reputable qualified firm that has successfully provided services to the City in the past with LMD No. 1 annexations and Prop 218 financial analysis and ballot proceedings, has performed similar CSA 152 services for several cities within the same CSA 152 group and as a result, staff recommends the contract be awarded to Webb Municipal Finance, LLC; and WHEREAS, the expenditure will be funded with a budget appropriation and transfer from the Streets Fund to a new Stormwater Account, 105-6100-455.3311 (Professional Services) in the amount of $21,650, which includes the 10% contingency.

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

SECTION 1. The City Council approves the Professional Services Agreement with Webb Municipal Finance, LLC for Municipal Assessments Services to Reinstate County Service Area (CSA 152), NPDES (National Pollutant Discharge Elimination System) Stormwater Assessment for a one year term in an amount of $19,650 and subsequent amendments to extend the Agreement for up to four additional year terms upon satisfactory performance, with a total not-toexceed amount of $60,000.00 over five (5) years.

SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the Professional Services Agreement and to execute the Professional Services Agreement with Webb Municipal Finance, LLC 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 10th day of December 2024.

Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
1570
Resolution 2024-197

Page 3 of 5 ends

Serita R. Young, City Attorney
Richards, Watson & Gershon
1571
Resolution 2024-197

Page 4 of 5 ends

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-197, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 10th day of December 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
1572
Resolution 2024-197

Page 5 of 5 ends

EXHIBIT A
Professional Services Agreement with Webb Municipal Finance, LLC 1573
-1-
AGREEMENT FOR PROFESSIONAL SERVICES (C001103) FOR

MUNICIPAL ASSESSMENT SERVICES TO REINSTATE COUNTY
SERVICE AREA CSA 152 STORMWATER ASSESSMENT BY AND

BETWEEN CITY OF BANNING AND WEBB MUNICIPAL FINANCE,
LLC,
THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein “Agreement”) is made and entered into this day: ___________________, (“Effective Date”) by and between the CITY OF BANNING, a California municipal corporation (“City”) and Webb Municipal Finance, LLC, a California Limited Liability Company, (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought by issuance of a Request for Proposal (RFP #24-086) for the performance of Municipal Assessment Services to Reinstate County Service Area CSA 152 Stormwater Assessment and as further defined and described particularly in Article 1 of this Agreement.

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “Services” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services 1574
-2-
described herein. Consultant covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, and fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Contract Documents and Exhibits.

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

1.3 Compliance with Law.

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

1.4 Licenses, Permits, Fees and Assessments.

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

1.5 Familiarity with Services.

By executing this Agreement, Consultant warrants that Consultant: (i) has thoroughly investigated and considered the Scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities and any difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions existing therein, prior to commencement of Services hereunder. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer (defined in Section 1.12. A). 1575
-3-

1.6 Prevention of Loss and Damages.

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

1.7 Further Responsibilities of Parties.

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

1.8 Additional Services.

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

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

1.9 Facilities and Equipment.

Except as otherwise provided, Consultant shall, at its own cost and expense, provide all facilities and equipment necessary to perform the Services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (“City Facilities”), as City deems, in its sole discretion, to be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and time of furnishing City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to a computer, long distance telephone, network data, internet or other communication charges, vehicles and reproduction facilities. 1576
-4-

1.10 Special Requirements.

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

1.11 Corrections.

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

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

1.12 Party Representatives.

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

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

Name Title
Charmaine McCarvel Project Manager
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Consultant Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Consultant Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Consultant Representative. For purposes of this Agreement, the foregoing Consultant Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Consultant without the express written approval of City. It shall be Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions which must be made by City to the Contract Officer. 1577
-5-
2) Consultant’s Personnel: Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement.

Consultant shall notify City of all changes in Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or sub-contractor of Consultant, City shall give notice as set forth in Section 8.1. Consultant shall, immediately upon the receipt of the notice to re-assign staff from City, reassign such person or persons.

1.13 Independent Contractor.

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

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

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

1.14 Prohibition Against Subcontracting or Assignment.

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

Therefore, Consultant shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this 1578
-6-
Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

1.15 Debarment or Suspension.

Consultant represents and warrants that, as of the Effective Date of this Agreement, Consultant is not debarred or suspended pursuant to any applicable Federal or State law providing for the debarment of contractors. Consultant shall not perform the Services with any subcontractor that has been debarred or suspended pursuant to any applicable Federal or State law providing for the debarment. Consultant and its subcontractors shall not be debarred or suspended throughout the Term of this Agreement pursuant to any applicable Federal or State law providing for the debarment of contractors. If Consultant or any subcontractor becomes debarred or suspended during the Term of this Agreement, Consultant shall immediately notify City.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than Sixty Thousand Dollars ($60,000.00) (the “Contract Sum”). The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services with City is a critical component of the Services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

2.4 Unauthorized Services and Expenses.
1579
-7-
City will not pay for any Services or reimburse for any expenses incurred which are not specified in the Scope of Services, unless authorized in writing as set forth in Section 1.8 of this Agreement. City shall make payment for such authorized additional Services and expenses in accordance with Article 2 of this Agreement.

2.5 Invoices.

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

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

2.6 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

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

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement may be extended because of any delays due to 1580
-8-
unforeseeable causes beyond the control and without the fault or negligence of Consultant. Such unforeseeable consequences include, but are not restricted to, acts of God or public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified, subject to the provisions of Section 1.8. The Contract Officer’s determination (or the City Council’s determination, in the event the period of enforced delay exceeds the period specified in Section

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

3.4 Term.

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

ARTICLE 4. INSURANCE AND INDEMNIFICATION

4.1 Minimum Scope and Limits of Insurance.

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

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

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

C. Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required; however, Consultant shall execute a declaration that it has no employees.
1581
-9-
D. Professional Liability/Errors and Omissions Insurance with minimum limits of $1,000,000.00 per claim and in the aggregate.

4.2 Acceptability of Insurers.

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

4.3 Additional Insured.

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

4.4 Primary and Non-Contributing.

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

4.5 Consultant’s Waiver of Subrogation.

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

4.6 Deductibles and Self-Insured Retentions.

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

4.7 Cancellations or Modifications to Coverage.

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

4.8 City Remedy for Noncompliance.
1582
-10-
If Consultant does not maintain the policies of insurance required under this Article in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Article, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

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

4.9 Evidence of Insurance.

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

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

4.10 Indemnity Requirements not Limiting.

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

4.11 Sub-contractor Insurance Requirements.

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

4.12 Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnification of City.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising 1583
-11-
from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2. 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement.

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

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

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

D. Survival of Terms. Consultant’s indemnifications and obligations under this Article shall survive the expiration or termination of this Agreement. 1584
-12-
ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION

5.1 Service Records.

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

5.2 Reports.

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

5.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Consultant Documents”) prepared by Consultant, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Consultant Documents hereunder. Any use, reuse or assignment of such completed Consultant Documents for other projects and/or use of uncompleted Consultant Documents without specific written authorization by Consultant will be at City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use or assignment. Consultant may retain copies of such Consultant Documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. All 1585
-13-
sub-contractors shall provide for assignment to City of all Consultant Documents prepared by them; and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

5.4 Confidentiality and Release of Information.

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

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

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

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

ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION

6.1 California Law.

This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside. 1586
-14-

6.2 Disputes; Default.

A. In the event that City determines Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any Services performed after the date of default. In addition to the provisions of Section 4.8, and the right to terminate pursuant to Section 6.7, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City may serve Consultant with written notice of the default. Consultant shall have ten (10) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance.

In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

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

6.3 Retention of Funds.

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

6.4 Waiver.

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

Acceptance by City of any Services by Consultant shall not constitute a waiver of any of the 1587
-15-
provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

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

6.5 Rights and Remedies are Cumulative.

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

6.6 Legal Action.

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

6.7 Termination Prior to Expiration of Term.

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

6.8 Attorneys’ Fees.

In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party in such action or proceeding, in addition to any other 1588
-16-
relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorney’s fees on any appeal, and in addition the Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

7.1 Non-liability of City Officers and Employees.

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

7.2 Conflict of Interest.

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

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

Consultant and its officers, employees, associates and sub-contractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients; but Consultant and its officers, employees, associates and subcontractors shall not, without the Contract Officer’s prior written approval, perform services for another person or entity for whom Consultant is not currently performing services that would require Consultant or one of its officers, employees, associates or sub-contractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement. 1589
-17-

7.3 Covenant Against Discrimination.

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

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

7.4 Unauthorized Aliens.

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

ARTICLE 8. MISCELLANEOUS PROVISIONS

8.1 Notices.

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

If to City Attn: Nathan Smith
Deputy Director of Public Works
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
With a courtesy copy to: Serita R. Young, City Attorney Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Email: [email protected]
1590
-18-
If to Consultant: Attn: Heidi Schoeppe
President/Managing Director
Webb Municipal Finance, LLC
3788 McCray Street
Riverside, CA 92506
Email: [email protected]

8.2 Interpretation.

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

8.3 Counterparts.

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

8.4 Integration; Amendment.

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

8.5 Severability.

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

8.6 Mutual Cooperation.

A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement. 1591
-19-
B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

8.7 No Third Party Beneficiaries Intended.

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

8.8 Final Payment Acceptance Constitutes Release.

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

8.9 Non-Appropriation of Funds.

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

8.10 Headings.

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

8.11 Word Usage.

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

8.12 Business Days.
1592
-20-
“Business Days” refers to days that the Banning City Hall is open for business.

8.13 Corporate Authority.

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

8.14 Electronic Signatures.

Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
1593
-21-
IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

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

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Administrative City Clerk
Address:

APPROVED AS TO FORM:

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

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
1594
Exhibit “A”-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing Municipal Assessment Services to Reinstate County Service Area CSA 152 Stormwater Assessment prepared in connection therewith:
1595
1 City of Banning
Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
A. COVER LETTER
3788 McCray Street, Riverside, CA 92506 | P:951.686.1070 | F:951.788.1256 | www.webbmfinance.com October 30, 2024
Barbara Mason, Purchasing Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
RE: Request for Quotes: Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment
Dear Ms. Mason,
Webb Municipal Finance, LLC (WMF) would like to express our enthusiastic interest to continue partnering with the City of Banning to provide Municipal Assessment Services to Reinstate the CSA 152 Stormwater Assessment. Our statement of qualifications reflects an experienced technical team strong in all consulting services required for your various projects.

WMF is confident we can tailor solutions to meet your needs and develop a strong relationship moving forward. Our extensive experience in administration services has helped us successfully complete similar projects for public agencies such as the Cities of Desert Hot Springs, Riverside, and Norco. Our track record speaks for itself, and we are confident that we can bring significant value to the City of Banning.

Our approach is deeply collaborative, ensuring that we work closely with our clients to understand their unique needs and challenges. For your project, we aim to bring this same level of dedication and partnership. With an eye on the specific deliverables you outlined, including data collection, calculation of BAUs, parcel identification, and more, WMF is prepared to leverage our skills and resources to contribute to your success.

As President/Managing Director and Chief Compliance Officer, I offer my personal commitment to provide the City of Banning the best resources and services available. If you have the need to talk to me at any time, either before or after your selection decision, please call me at my direct number at 951.320.6087, or you can email me at hschoeppe@webbmfinance. com.

WMF intends to perform the services and confirms that all elements of the RFP have been reviewed and understood. WMF confirms its willingness to enter into a contract under the terms and conditions prescribed by this RFP and in the Sample Agreement without exception.

Sincerely,
3788 McCray Street
Riverside, CA 92506
951.686.1070
webbmfinance.com
DIR: 1000061305
Heidi Schoeppe | Registered Principal Municipal Advisor Representative
President/Managing Director, Chief Compliance Officer
[email protected] | 951.320.6087
EXHIBIT "A" A - 2
1596
2 City of Banning
Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
B. STATEMENT OF UNDERSTANDING AND APPROACH

STATEMENT OF EXPERIENCE
WMF supports agencies in recovering lost revenues in CSA 152 through advanced GIS and KML mapping techniques, which accurately delineate city boundaries and monitor real-time parcel development. Additionally, WebbSTAR, our proprietary software, effectively helps manage parcel data, facilitating the recognition of parcel splits, merges, and any changes in land use or ownership, ensuring that all relevant information is systematically captured and utilized.

PROJECT TEAM QUALIFICATIONS
• Our team leads, Heidi Schoeppe and Charmaine McCarvel, have over 40 years of combined experience providing similar services to other public agencies throughout Southern California • Key personnel will be available as proposed for the duration of the project

QUALITY ASSURANCE
QA/QC is a core value at WMF that shapes our unique project management approach. Reinforced by experience and commitment to best practices, our QA/QC standards provide optimal results. WMF maintains a high level of quality assurance by following the protocols outlined below.

1. Communication Open Dialogue - Communication between team members and City Staff is critical for project success.

WMF coordinates with our clients to set goals, procedures, and expectations, and to be an expert resource for any challenges that may arise. At the start of a project, we evaluate and confirm the preferred methods of communication with your staff. WMF then uses the established methods of communication throughout the project, improving the time it takes to develop quick and efficient resolutions in case an issue arises.

2. Compliance Government Codes and Regulations - To ensure proper compliance is maintained, WMF stays current and compliant with the California Streets and Highways Code Landscape and Lighting Act of 1972, Proposition 218, the Benefit Assessment Act of 1982, as well as any case laws that affect the formation or administration of these Districts and other state and federal requirements.

STATEMENT OF UNDERSTANDING AND PROJECT APPROACH
Task 1: Project Management and Administration
Project Management
WMF will be responsible for managing the project activities throughout the contract, including managing the schedule, budget, setting up meetings, and managing the project team. WMF will ensure that the Assessment Roll and Summary Report meet all applicable State, Riverside County, and local requirements for the levy of assessments.

Kick-off Meeting
This meeting aims to coordinate with the City to review the scope of the project and understand the specific goals, components, and criteria to meet the City’s needs. We will also establish the City’s preferred method of communication.

To achieve this, WMF will coordinate with City Staff to establish a schedule and prepare a timeline, based on the City’s EXHIBIT "A" A - 3
1597
3 City of Banning
Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
scheduling requirements, outlining key dates, events and responsibilities adhering to statute requirements. We will review the timeline with City Staff and make adjustments as needed. We will also discuss our role in the project, progress reporting, scheduling and invoicing, key milestones, and potential data needed from the various City departments.

Project Milestones/Monthly/Additional Meeting
WMF will prepare a project execution schedule listing the major milestones to the City of Banning for approval. WMF will prepare regular progress reports and meeting Agendas and Minutes for the City of Banning Staff each month. In addition to the kick-off meeting, WMF will attend three (3) monthly meetings, a meeting to go over final submittals and, if requested, a meeting to present the Final Assessment and Summary Report to the City Council, as well as attending the City Council Meeting approving the Resolution authorizing the levy.

Task 2: Public Participation Assistance
Community Outreach
WMF will coordinate with City Staff to engage the residents with proven approaches for outreach. WMF will attend three (3) in-person meetings with stakeholders and provide parcel and property owner details and information to the City’s Public Information Officer (PIO) for public notices, flyers, and social media posts he will prepare.

Property Owner Services
WMF will serve as the initial and primary contact to City Staff, property owners and other interested parties for inquiries regarding CSA 152. The City may also refer to WMF, property owners, title companies, and other interested parties with inquiries.

Task 3: Data Collection and Research Parcels Within City Boundaries WMF will create and maintain a comprehensive parcel database for all the parcels within the City’s boundaries using our proprietary software, WebbSTAR™, the latest assessor’s parcel maps and secured tax roll information from the Riverside County Assessor’s Office and Geographic Information System (GIS) shape files for our in-house GIS platform. The database will include all data related to each Assessor’s Parcel Number, including, but not limited to, acreage, classification, land use code, development status, Benefit Assessment Units (BAU), property owner information, situs and mailing address, and tract and lot information.

Task 4: Calculate BAUs, Levy Amounts and Preparation of Roll and Summary Report WMF will calculate and determine BAUs and the levy amounts, based on the type of property/land use and development status/area, as described in County Ordinance No. 573 for all assessable properties within the City of Banning limits.

WMF will prepare a levy submittal file in the format required by the Riverside County Assessor’s Office. The levy will be summarized in a Draft Assessment Roll and Summary Report for City Staff to review by mid-April of 2025. The Summary Report and Assessment Roll will be revised as needed in accordance with the City Staff’s review comments and changes.

Task 5: Submittal of Initial and Final/Resubmittals Levy Roll, Preparation of Required Documents and County Coordination
WMF will submit the final Assessment Roll and Summary Report to the City who will then submit it to the Riverside County Economic Office, who administers the CSA 152 assessments. WMF will research any rejected PINs by the County Assessor’s Office and resubmit the levy as appropriate. WMF will advise and assist the City with any County required staff report, resolution, authorized personnel letter, Prop 218 compliance, etc. required for the CSA 152 reinstatement of assessments and County deadlines. WMF will answer any questions the County or public may have regarding this first initial levy through August of 2025. If requested, WMF will present the Final Assessment and Summary Report to the City Council via a workshop or City Council meeting and answer any questions.

EXHIBIT "A" A - 4
1598
4 City of Banning
Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
Task 6: Optional
Additional Services
In-House Technology: WMF uses our innovative GIS technology and our proprietary software, WebbSTAR™, to ensure the accuracy of our work products. We use GIS technology to create Audit maps of the District as well as KML files that link directly to Google Earth and allows the City to view the parcels in the district and drill down to the parcel level for the classification and levy information. WebbSTAR™ was designed as a database management system to provide administrative services for property-related fees, assessments, charges, and taxes. Throughout the project we use WebbSTAR™ to store all data including complete parcel information, generate levies, and reporting. Our new client portal feature allows the City to access reports and parcel-related data in real-time.

PROJECT SCHEDULE

SUMMARY & CLOSURE
WMF has a highly qualified team of professionals with extensive experience in projects very similar to the City’s needs. Our work plan is to always provide cost-effective and high-quality customer service to all our client’s projects. WMF’s project manager and the WMF Team proposed are confident this approach meets and exceeds the City’s expectations.

Description Due Date Party
Responsible
tD&ƐĐŚĞĚƵůĞƐĂŬŝĐŬŽĨĨŵĞĞƚŝŶŐǁŝƚŚŝƚǇƐƚĂĨĨƚŽƌĞǀŝĞǁƉƌŽũĞĐƚƐĐŽƉĞ͕ŐŽŽǀĞƌ ŬĞǇŵŝůĞƐƚŽŶĞƐĂŶĚĐŽŶĨŝƌŵƐĐŚĞĚƵůĞŽĨĚĞůŝǀĞƌĂďůĞƐ͘ :ĂŶƵĂƌǇϮϬϮϱ ŝƚǇ^ƚĂĨĨ͕tD& tD&ǁŝůůĐƌĞĂƚĞĂĚĂƚĂďĂƐĞŽĨĂůůƉĂƌĐĞůƐŝŶƚŚĞŝƚǇĂŶĚĂƐƐŝŐŶĞĂĐŚƉĂƌĐĞůĂůĂŶĚ ƵƐĞĐůĂƐƐŝĨŝĐĂƚŝŽŶ͕ĞŶĞĨŝƚƐƐĞƐƐŵĞŶƚhŶŝƚ;hͿ͕ ĂŶĚůĞǀǇĂŵŽƵŶƚ͘ :ĂŶƵĂƌǇϮϬϮϱ tD& tD&ǁŝůůƐĐŚĞĚƵůĞĂŶĚĂƚƚĞŶĚŵŽŶƚŚůǇƉƌŽŐƌĞƐƐŵĞĞƚŝŶŐƐǁŝƚŚŝƚǇƐƚĂĨĨĂƐǁĞůů ĂƐƉƌĞƉĂƌĞŐĞŶĚĂƐĂŶĚDŝŶƵƚĞƐĨŽƌĂůůŵĞĞƚŝŶŐƐ͘ d ŝƚǇ^ƚĂĨĨ͕tD& tD&ǁŝůůprovide details and information to the City’s Public Information Officer ;W/KͿ ĨŽƌƉƵďůŝĐŶŽƚŝĐĞƐ͕ĨůǇĞƌƐ͕ ĂŶĚƐŽĐŝĂůŵĞĚŝĂƉŽƐƚƐ͘ d tD& tD&ǁŝůůĂƚƚĞŶĚƚŚƌĞĞĐŽŵŵƵŶŝƚǇŽƵƚƌĞĂĐŚŵĞĞƚŝŶŐƐ͘ d ŝƚǇ^ƚĂĨĨ͕tD& tD&ǁŝůůĂƐƐŝƐƚƚŚĞŝƚǇǁŝƚŚƚŚĞƐƚĂĨĨƌĞƉŽƌƚĂŶĚƌĞƐŽůƵƚŝŽŶ͕ĂƉƉƌŽǀŝŶŐƚŚĞ ďƵĚŐĞƚĂŶĚƌĂƚĞƐ͘ DĂƌĐŚϭϬ͕ϮϬϮϱ ŝƚǇƚƚŽƌŶĞǇ͕tD&
ŝƚǇŽƵŶĐŝůĂĚŽƉƚƐZĞƐŽůƵƚŝŽŶĂƉƉƌŽǀŝŶŐƚŚĞďƵĚŐĞƚĂŶĚĞŶĞĨŝƚƐƐĞƐƐŵĞŶƚhŶŝƚ ZĂƚĞ;ĐŚĂƌŐĞƐͿĨŽƌ&ŝƐĐĂůzĞĂƌϮϬϮϱͲϮϲ͘ DĂƌĐŚϮϱ͕ϮϬϮϱ ŝƚǇŽƵŶĐŝů͕ ŝƚǇ^ƚĂĨĨ͕tD&
tD&ƉƌĞƉĂƌĞƐĂŶĚƐƵďŵŝƚƐĂZĞƋƵĞƐƚƚŽ
ƐƚĂďůŝƐŚĂEĞǁ&ŝǆĞĚŚĂƌŐĞ&ƵŶĚ
EƵŵďĞƌ&Žƌŵ͘ DĂƌĐŚϮϴ͕ϮϬϮϱ tD&
tD&ƐĞŶĚƐĂW&ĐŽƉǇŽĨƚŚĞĂĚŽƉƚĞĚZĞƐŽůƵƚŝŽŶĂŶĚWƌŽƉŽƐŝƚŝŽŶϮϭϴ>ĞƚƚĞƌƚŽ

ǀŝĂĞͲŵĂŝů͘
EŽůĂƚĞƌƚŚĂŶ
Ɖƌŝůϰ͕ϮϬϮϱ tD&
tD&ƉƌŽǀŝĚĞƐƚŚĞŝƚǇǁŝƚŚĂƌĂĨƚƐƐĞƐƐŵĞŶƚZŽůůĂŶĚ^ƵŵŵĂƌǇZĞƉŽƌƚĨŽƌ ƌĞǀŝĞǁ͘ ƉƌŝůϭϬ͕ϮϬϮϱ tD&
tD&ƉƌŽǀŝĚĞƐŝƚǇǁŝƚŚĂŶĞǆĐĞůƐƉƌĞĂĚƐŚĞĞƚƚŚĂƚĐŽŶƚĂŝŶƐĂůůWEƐĂŶĚĐŚĂƌŐĞƐ ƚŽďĞĞŶƌŽůůĞĚ;ůĞǀŝĞĚͿ ĨŽƌ^ϭϱϮĨŽƌ&ŝƐĐĂůzĞĂƌ ϮϬϮϱͲϮϲ͘ EŽůĂƚĞƌƚŚĂŶ
Ɖƌŝůϭϴ͕ϮϬϮϱ tD&

ƐƵďŵŝƚƐƚŚĞ&ŝƐĐĂůzĞĂƌϮϬϮϱͲϮϲĞŶƌŽůůŵĞŶƚ;WEƐĂŶĚĐŚĂƌŐĞƐͿƚŽƚŚĞ ZŝǀĞƌƐŝĚĞŽƵŶƚǇƵĚŝƚŽƌͲŽŶƚƌŽůůĞƌ͘ :ƵůǇϮϬϮϱ

ŝƚǇ^ƚĂĨĨƌĞĐĞŝǀĞƐƚŚĞ&ŝƐĐĂůzĞĂƌϮϬϮϱͲϮϲZĞǀĞŶƵĞŝƐƚƌŝĐƚ&ŝǆĞĚŚĂƌŐĞƐ /ŶƐĞƌƚĞĚͬZĞũĞĐƚĞĚƌĞƉŽƌƚĨƌŽŵ
ĂŶĚĨŽƌǁĂƌĚƐƚŚĞůŝƐƚƚŽtD&ƚŽƌĞƐĞĂƌĐŚƚŚĞ
ƉĂƌĐĞůƐƚŚĂƚǁĞƌĞƌĞũĞĐƚĞĚ͘
:ƵůǇƚŚƌŽƵŐŚ
ƵŐƵƐƚϮϬϮϱ ŝƚǇ^ƚĂĨĨ͕tD&
tD&ƌĞƐĞĂƌĐŚĞƐƚŚĞƌĞũĞĐƚĞĚƉĂƌĐĞůƐĂŶĚƐƵďŵŝƚƐĂŶ
ǆĐĞůƐƉƌĞĂĚƐŚĞĞƚǁŝƚŚŶĞǁ
WEƐĂŶĚĐŚĂƌŐĞƐƚŽƚŚĞŝƚǇ͘ ƵŐƵƐƚϮϬϮϱ tD&

ƐƵďŵŝƚƐƚŚĞŶĞǁWEƐĂŶĚĐŚĂƌŐĞƐƚŚĂƚǁĞƌĞĚŝƐĐŽǀĞƌĞĚĂƐĂƌĞƐƵůƚŽĨƚŚĞ ƌĞũĞĐƚĞĚƉĂƌĐĞůƌĞƐĞĂƌĐŚƚŽƚŚĞZŝǀĞƌƐŝĚĞŽƵŶƚǇƵĚŝƚŽƌͲŽŶƚƌŽůůĞƌ͘ ƵŐƵƐƚϮϬϮϱ
tD&ƉƌŽǀŝĚĞƐƚŚĞŝƚǇǁŝƚŚĂ&ŝƐĐĂůzĞĂƌϮϬϮϱͲϮϲ&ŝŶĂů>ĞǀǇĞƚĂŝůZĞƉŽƌƚ͘ ƵŐƵƐƚϮϬϮϱ tD& EXHIBIT "A" A - 5
1599
Exhibit “A”-6
II. As part of the Services, Consultant will prepare and deliver the following tangible work products and services to City:

III. In addition to the requirements of Parts I and II of this Scope of Services, during the performance of the Services, Consultant will keep City appraised through periodic status reports regarding the performance of the Services under this Agreement as set forth below and in Section 5.2, by the following means:
a. In-person meetings and/or teleconferences.
b. Email updates/questions to applicant team and City while reviews are underway.
c. Conference calls.

IV. All work product is subject to review and acceptance by City. If the City determines that any work product is unacceptable, for any reason, it must be revised by Consultant without additional charge to City until found satisfactory and accepted by City. 1600
Exhibit “B”-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
None
1601
Exhibit “C”-1
EXHIBIT “C”

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

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

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

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

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

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

D. Line items for all approved sub-contractor labor, supplies, equipment, materials, and travel properly charged to the Services. 1602
Exhibit “C-1”-1
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
1603
Exhibit “D”- 1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely, and deliver the specified tangible work products to City in accordance with the schedule attached as Exhibit D-1.

II. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.
1604
Exhibit “D-1”- 1
EXHIBIT “D-1”

PROPOSED PROJECT SCHEDULE
1605
CSA 152 NPDES
Stormwater Assessment

1. Background of CSA 152

2. Calculation of Assessment

3. New 2025 Permit Requirements

4. Adopt Resolution No. 2024-XX

5. Questions
1 1606
• A National Pollutant Discharge Elimination
System (NPDES) Permit regulates point and
nonpoint source discharges of pollutants into
Waters of the United States
• The Federal Clean Water Act prohibits discharges of
pollutants from point and nonpoint sources unless
regulated by an NPDES Permit
• A joint NPDES Permit to discharge storm water into
the various storm channels and washes throughout
the Whitewater River Watershed area was issued by
the Colorado River Basin Regional Board No. 7
2 What is a NPDES
Permit
1607
Whitewater River
Region
• Two Principal Permittees – RCFC&WCD and
Riverside County
• Eleven Co-Permittees – Ten cities and the
Coachella Valley Water District
• Designated as a Phase I MS4 in 1991
• Under the fourth term permit since 2013
3 1608
Background of CSA 152
• On December 21, 1993, the County of Riverside adopted County Resolution No. 93-454, annexing the City of Banning to its County Service Area (CSA) 152 to fund a portion of its expenditures associated with the NPDES Permit by placing an assessment on property owners' tax bills. • On March 22,1994 the City Council approved Resolution No. 1994-028, setting the annual assessment rate for FY 1994/95 at $4.72 per Benefit Assessment Unit (BAU) and following the formula and methodology of County Ordinance No. 573 to determine the number of BAUs for each type of property • The City Council then approved the Administrative Services Agreement with the County for the CSA 152 Program on September 27, 1994, via Resolution No. 1994-107 • The following year, on July 11, 1995, the City Council approved Resolution No. 1995-125 and elected not to participate in CSA 152 and instead used the reserve funds from the previous FY to fund the NPDES Permit for FY 1995/96
4 1609
Background of CSA 152
5 • From both City and County research, no records have been found showing that either party has ever withdrawn from the Agreement and therefore the City can reinstate the CSA 152 Assessment for the upcoming FY 25/26
• Since the rate was adopted in 1994 prior to the passage of Proposition 218, any increase in the rate would require a Proposition 218 Hearing and vote through an assessment balloting proceeding • On September 10, 2024, a workshop was presented by the Deputy Director of Public Works/City Engineer and the City Council decided that they would like to pursue reinstating the CSA 152 assessment.
• A public participation and community outreach phase occurred in October and November of 2024 to let the residents and property owners know of public meetings held with the Public Works Dept. to explain the CSA 152 assessment and its purpose with regard to providing funds for the NPDES Program. 1610
Calculation of Benefit
Assessment Unit (BAU)
6 • When CSA 152 was formed, the County determined the formula and methodology to use to calculate the number of BAUs for each type of property based on land use • Each parcel that contains a structure is assigned a number of Benefit Assessment Units (BAUs). Vacant and undeveloped land is exempt
• A single family home is charged 1 BAU, regardless of its size, amounting to a charge of $4.72/home/year • The City has an estimated 10,700 residential and 650 commercial accounts • A parcel’s land use was used to determine its runoff coefficient and BAU/acre (listed in the table on the next slide), and the developed (assumed to be impervious) area in acres of the parcel is used to determine the number of BAUs and thus cost to the property owner per year • If the award of the contract to Webb Municipal Finance, LLC ia approved, the firm will calculate the BAUs for each parcel to be placed on the Tax Roll.
1611
Calculation of Benefit
Assessment Unit (BAU)
7 • As an example calculation, a Commercial/Industrial property (see below table, Group A, with 12 BAUs/Acre) that is a 10.0 acre commercial/industrial parcel, with a developed area of 8.0 acres, with a City of Banning BAU rate of $4.72 per year:
• No. of BAUs = (Developed Parcel Area) X 12 BAUs/Acre = 8 X 12 = 96 BAUs • Therefore, the assessment would be: 96 BAUs X $4.72/BAU = $453.12 per year. 1612
Other Participating Cities and
Collected Revenues
8 • Below is a list of revenue collected by some cities within CSA 152 for Tax Year 2024. Desert Hot Springs charges $10.00/BAU with 9,477 parcels and Rancho Mirage, $4.68/BAU and 13,814 parcels 1613
Benefits of Reinstating the CSA
152 Annual Assessment
9 • CSA 152 provides a funding mechanism for the NPDES program. Eleven cities joined CSA 152 to ensure revenue is collected to fund a portion of their NPDES Program • Since assessments have not been collected from properties in the City since 1994, the funding source for the NPDES program is now absorbed by City of Banning Streets Department (Fund 100). A new Stormwater Fund 105 has been created to track stormwater costs. • The NPDES program costs the City about $300,000 annually to manage the current NPDES Permit.

Those costs are expected to be much higher with the new 2025 permit given the new requirements and will keep rising over time
• If approved, Webb Municipal Finance, LLC will determine the estimated revenue to be collected from the assessment, and a rough estimate would be between $75,000 and $110,000/year, which would substantially help with the NPDES program costs.
1614
New Provisions in the 2025
NPDES Permit
10 The following new provisions will be incorporated into the 2025 NPDES Permit:

1. Asset Management

2. Fiscal Cost Analysis/ Cost Reporting

3. Urban Pesticides

4. Trash Amendment/Management

5. New Construction General Permit

6. Continued SB 205 Compliance re: Business Licenses
The WWR Stormwater Management Plan is the implementation document and it will be updated to incorporate these provisions and continuing provisions within 12 months of the effective date of the Permit. 1615
• Permittees will develop an Asset Management Program:
• Asset Inventory
• Asset Management Plan
Asset Management
1616
12 Due twelve months following the effective date of the Permit Maintain a database consisting of:
• Municipal Facilities
• Municipal Storm Sewer Infrastructure (storm drains, basins, inlets, channels, outfalls) • Full Capture Systems (FCS), trash capture devices
The Asset Inventory will require the following information:
• Name or ID of the facility
• Address or Coordinates
• Inspection frequency based on prioritization
• Last inspection date
• For trash control devices, whether the device is a certified FCS Asset Inventory
1617
Complete 24 months following the effective date of the Permit The Asset Management Plan shall contain the following:
• SOPs for routine maintenance of MS4 facilities, including visual monitoring, removal of trash and debris, reducing the discharge of contaminants during routine cleanouts, and proper disposal of waste
• MS4 facility prioritization – establish the frequency at which each facility/asset is maintained and establish procedures for reprioritization
• How to identify facilities/assets that require maintenance/repair • Establish a schedule when facilities are expected to be rehabilitated/replaced or when new facilities are established 13 Asset Management Plan
1618
• Under the 2013 Permit, Permittees were not required to report on the costs of stormwater program implementation • Under the 2025 Permit, Permittees will be required to report total stormwater program budgets for the preceding,
current, and future fiscal years, and a description of the sources of funding
• Contingencies for asset failure or repair must be budgetted • If the SWRCB adopts a new Order for Cost Reporting,
extensive tracking of NPDES Permit costs including staff time, equipment and materials, amounting to about 100
categories, would be required
• Monthly reporting on storm water costs including street sweeping and storm drain cleaning and corresponding debris removed from the street, storm drains and catch basins
would have to be measured
14 ~100
cost
categories
Fiscal Cost Analysis
1619
• Each Permittee will develop and
implement policies, procedures, and
ordinances to reduce the use of pesticides
and fertilizers
• Each Permittee will develop an Integrated
Pest Management (IPM) Plan within 18
months of the effective date of the
Permit.
15 Urban Pesticides
1620
Preventative Measures
• Only use pesticides/fertilizers when needed
• Use least-toxic alternatives
• Prohibit banned/unregistered products
Proper Application
• Do not use during rain, and establish a routine application schedule Proper Storage and Disposal
• Store indoors within secondary containment
• List procedures to dispose of pesticides
• Keep manifests as a “chain of custody”
Applicator Management
• Ensure Permittee staff are trained to apply pesticides • Pesticides application must be overseen by a certified pesticide applicator • Contractors must implement Permittee’s IPM at municipal facilities/operations Education and Outreach
16 Integrated Pest Management Plan
1621
Trash larger than a diameter of 5 mm must be captured and removed from Priority Land Uses (PLUs) or designated land uses include:
• High Density Residential
• Industrial
• Commercial
• Mixed Urban
• Public Transportation Stations
Interim Compliance Deadline: 50% trash capture devices installed in about 40 City catch basins by 2028
Requires full trash capture from PLUs by December 2, 2030 Annual Reporting
• Update Jurisdictional Map to show installed devices
• Total area, debris removed & percentage area served by each device
Trash Amendment/Management
1622
• New Permit became effective September 1, 2023
• The WDID number must be posted at the site
• Public construction projects now require QSD
and QSP involvement
• WQMPs and post construction maintenance plans
to be uploaded to SMARTS, allowing for public viewing
• Reissuance Training for QSDs and QSP.

New Construction General
Permit
1623
19 • Effective January 1, 2020
• Codified under California Business and Professions Code, Section 16000.3 and California Water Code 13383.10
• Requires Cities and Counties that have a business license program to:
• Update business license permit applications to provide SIC codes and WDIDs, NEC identification numbers, or NONA numbers
• Identify whether the business license applicant’s provided SIC code requires IGP coverage (see IGP Attachment A)
• Enforce SB 205 provisions, which may include withholding/suspending business licenses for facilities that require IGP coverage and do not have a WDID.

Senate Bill 205
1624
• The IGP, adopted in 2014, and amended in 2015 and 2018, regulates industrial stormwater discharges and non-stormwater discharges from industrial facilities • Industrial sites can contribute pollutants such as Nutrients (Nitrate, Nitrite, Ammonia) and Heavy Metals (Copper, Lead, Zinc) to receiving waters
• Attachment A of the IGP identifies 9 categories of facilities requiring coverage under the IGP.

Those businesses are identified by their SIC Codes.
20 Industrial General Permit (IGP)
1625
Adopt Resolution No. 2024-XX
• Awarding a Professional Services Agreement for Municipal Assessments Services to Reinstate County Service Area (CSA) 152, NPDES (National Pollutant Discharge Elimination System) Stormwater Assessment to Webb Municipal Finance, LLC in the amount of $19,650, which includes a 10% contingency
• Three Open House presentations were given to the residents as follows:
 Banning Public Library, October 28th from 4 to 5:45 pm  Banning Senior Center, October 30th, from 10 to 11:00 am  Sun Lakes HOA, November 5th, from 1 to 3:00 pm
• The main question from the public was whether or not the CSA 152 rate of $4.72/BAU would increase each year. The response was that the rate cannot increase without a Prop 218 hearing and ballot procedure. Overall, the feedback from the public is in support of reinstating the CSA 152 stormwater.
1626
22 September 24, 2024
CSA 152 Workshop
Discussed the
reinstatement of CSA
152 and obtained City
Council direction to
move forward
Public Outreach in
October and November,
2024
Provided outreach to
residents with PIO’s
assistance and held 3
meetings to explain CSA
152 and its purpose
September -
November, 2024
Released RFP for
Assessment
Services, solicited
and selected a
consultant
December 10, 2024
Provide feedback on
community outreach
and consider
awarding
Assessment Services
Contract to Webb
Municipal Finance,
LLC
January, 2025
City Council
considers
approving the new
CSA 152
Agreement with
the County
Proposed Schedule and Next Steps
April, 2025
Consultant completes
the final Assessment/
Levy Report (list of
APNs) for Engineering
staff to review
March, 2025
City Council considers
approving the BAU levy
and the City’s CSA 152
budget for FY 25/26
and staff submits the
Resolution to the
County
May, 2025
Engineering staff
submits the
Assessment/Levy
Report for the FY 25/26
Tax Roll to the County
June – August, 2025
The County prepares
their staff report and
budget and submits the
FY 25/26 CSA 152
assessments to the
County Assessor’s Office
1627
Questions?
Contact Information
Nate Smith, P.E. Deputy Director of
Public Works/ City Engineer
[email protected]
1628
1629
1630
1631
RE.80LUT10B OF THE CITY COONCIL 07 ~HE CITY 07 BANWIBG
BBTT:IlfQ B..I..TEA POll. iC:OUJfT'i 8 ERVI:C B Alt n 1 !ii :2 • TO l"UMD CITY~s NATlQl(AL POLLUTAN1' DISCHARGE ELIMIBJ,.TIOK BYSTEII (lfPDl:8> PROOUX
WHER.EM 1 th~ coun~y of Riv~rside, by it~ Re~olution No. 9]-4~4 adopted December Z l r 151 '9 J I a:n11e'.li.'.1Bd the City of Ela nn iri,g to its county service Ar~a (CSA) 152 8t the City'a r~qoest to meet the Environme~t~l PrD~ectian Agency 1 s requirement to obtain opQrating perm.its for discharges .fram storm drain. ,e;;ye-tems and to pay tor anticipat~d p~oje~~ costs that place~ an a~5ess=ent on prop~rty own~rs' t~x bills ~o fund expenditures required by tho permit, and WBBR:D.B 1 City ~t~ff has estimat~d th~ storrowater management pl"'cgra11:1 .l"'@:qui:r-~111.@ints will cost the City approx il"Clately $53 t 60-0 annually; and
WHD!U , a II Be:n e.t it Ass ess:me-n t Unit 11 i :s defined in. the River a i cle Co\lnty F 1 ood Control and w a te:r c-ons-erv at 1 on Di :s:t.r i ct Ma~ua1 1 ~he por~ion of ~hich defining Benefit ~sse~~nent ~nit is attach~d as ~li.hibit l an.d by this refeTence ~~de a part hereof; and WBER.D.B, this City council has determin.ect, based on ~taff's calculations, that &nnual ~ssessments are anticipated to be $4T7~ per Benefit Asssssment Unit.

Mo•1 THERBFORB BE IT RESOLVEC by the City Cou~cil of the City Qf Banning th~t the annual ass~ssment rate for fisoal year l994-9S for CSA l52 - Banning i~ hereby set ~t $4T72 per Benerit Ass~ss~~~t Unit.

PA.8 S.J::C I APDOVED, AN:O ADOP'l"!D
th:.~ -~itlj d"J of KDr:,t.
~~~~1-L=---
r lifornia
1632
~TTEST:
"&~ - .~._J)~~½~
L~cille M. Eli~ondo '
City Clerk of the City Of
Banning. California
APPROVED AS TO FO.RN!
.AND L CONTENT
Joh/ . Wil~on, Esq.
city 11.ttorney

CERTIFICATION
I.. L~c:il le M. Elizondo, C:i ty Clerk ot tha City of Banning t Califo~nia, do hereby certify that the for~going Re~olution No. 1994-28. w-as duly ~d.opted by the City counc:i 1 of the city of aanning, California, ~ta Reg~lar Meeting the~eof held on the 22th day of March, 1994, by the following vote, to wit;
AYES:

NOES:

ABSENT:

ABSTAIN:

Counc~Tmambe~~ AnQ~rson, Lewis~ Wi1li~~s~ Mayfrr Reyno1ds Co :m c: i T rnernbe r- Sm1 th Non"='
None
-2-
~ _J;~ 1-"'k..& /4uclfu M. Eli~ondo
• City Cle-rk. 1 City ot Banning
California
1633
1 • • • • I • • J . J1 I" 11 • I • I • •• "." li'-"I' ." I Q:llP1NIIGI ~o. ~71, alJ"J'IDBiiJ ?OR cs.a.~
"!'he purpa EH! t, i t. hi !.l: i:..::irdi nane• is to ~i III t.ati 1.i ~ h .::i. '!,:Ix ~"!Jaure r. Dr "t ne I evy ,1nd collection ~t cn~r-g@a tor e~tenaeci gOV€1rll.mentai ~ervic~ p~ovidcd in : ~• ~ 11 n t. y ! 1-,'!ZV i..,c: e areas . undl!! r t hj! au 1: r.o.r it y o.t t: he County s el.."'V"ice I..r,e.a wv ~s 3et !or~~ in Gove~n!ll8nt ~ooe 5ecti0n l~J10+l et. seq. T~ chargee e~tablisbed hP.~under Hhall be l~v;~d ta p~y in wnoJ~ er part. the coBt ~f ~.1:i:-V'iding- a;uct c.ct.eqded. gi:iv.rnm&trt~l i;i:.::.cv ie-it~.

B_~H'U l'l" M:P:!H HN52T UHl~ .. (DAV) D!CrnPPWIP AllD NK'l'!lopm.oor •~·he .i;:i o, i!!' l!l :sJ11an t c: cm.pu.tation Ii:lli;!!'t.,h.Qd.olo~ 'i cidopted. f :;::t" ":.:!:l,i a CS.A i• t ha BALI :.i..t h.O<i .J.-ve l tlpea by ~l.! ve~~ id• ..;ou.n.t y F 1 uud C-on. 't. r cl n lr; t. t:-ict r Thi~ IC.E!lt~oo spr~ads th~ total asees~t to pan:::e1s witQin tho bmt@~~t ,i,l,:i,.1111 ~!!'JI !!il:m.en.,:. ..u-e-a in propo.IT..i,.on to eaii:h p;;&-" ~•d ' ~ rune f f • RQ.11.Q ff iEli Lill!:tormi.1110:d by tir:et .lcnowinq a. pare~l • s ::Ji:e in -1::11ereg it.s .pre:i;unt lia.nd ;,,ia e ( blC ident i al - Cc.,ai11111~l (.:! i ;1 l ~ l nd.u :!lt:r i:a.1 1 c..::tc- + J "'n.d t~-&n aas-i~Riag a runoff fM,1;t,;;1,- t. u i t..m. g ll:~ra.i l :iind U•• c • t,i;;iqq ry ~ Rt1noi f f &c-tora ara ~~ti.ma.tea of h~ mu.~h ~alnfnll ~Mn~ ~ff~ pa..rcEi ln ~map~riaon to ~he ,:),-=:i;:iur.t of t:a.1.nfall that .±a.11 on a pa.rc:&l. ln other -..rord., tho :r:-unci:ff f .1eti::i-r i.1. ~ lili'ay of -P.xpre !!'JI~ inq th• t:e l Iii ii.. .i vt~ Ll~ ree of .i.uiyy,:, Y loiu enc & s o:f pl! rc-1! 1:s with dif rerc-nt l:1.nd UH-ii r Pav~ aM i.mprO"t.Nii!d pa.re-el• h.av. r~~off factors closer to 1~0 (wha~~ l~O qquala 100, runc±f) than d~ u n p.!!ved or unimproved parce.l;!!!' . R.mic ing the la.rge ntl:ftlbitr of l and n 5-e'!I in l l,11'.1 C-a uQty to :s iJ:; gi,r..e.ral G"at.er;JQri "" f a-r:: e Elitima:tin.g nanoff under th:e 1-,nefit aaBeae.ant pn;icl!du~ pxO"l"'id~• ford Il'lllna~ai5ble Gild rtH11aonable cga:;ip~t~LiQQ :in,sthoor
r\,~ ~he National Pollut..tJ,..nt Dlsehtu;q~ Klimination Sy~te~ !NPDES} P~QlgL.f:llil ~ddition~l t~~o~ hav~ h@~n br::0nght in to ~he a.n.aiyai5 wnich cona.ider ,:.;. hit, t. ype o:f a.ct i v.i ty oc. t h.&t .laud u•~ . 'fhi s ti,.roqrillR ,i,. ;c11quirlltd by .Fic-d.eral Riegull!I t; i1:m t c- f C>C"ns i t11 attention on urbi!ID.i :t:l!!d i!lrei!I& or d~v~lerpmeirtto a:n:d. to ~~eluck! ~~ic~ltu~Al propertiea. T~e;t"f;!!fQ6e &g:s; i cul tu.ca 1 .inid. ,,, .w.on t. und~Vflllr:-pt!lld. proi:iertie:e hl!IVC: been cc.,mpl a.tit! l:, -:-:: :.e.Dp-t ed f ;r;Qm a e: 1J@1l!!u!lments @'lr'E!! r:: ~hou,gh t: hey obv i O'll.l!lil y ;nay ll,l!!lvr;!I sUDl!!II !lll'lount of cupcff_
Tha CC>.m£lutation ◊f th~ aa•••aat11~~ f~r a.ny parc6l i~ b~od on the nu:aibe~ e,f BAIJ18: .a. ■ 1i:iqn ad. to that pan:-el. A .sic.(] le-f ami.l y re:aidant i.ll.l :pari=:cl. of 7,ioo ~qua.rB re&t (1/6 acre) in si~e Yith a runoff f~cto~ ot ~.40 vaa s~le~tlll!PQ. ~~ tha starui.ar~ BAU. Th• naJU:1111tr uf BAUe for a~y oth.ec parcel ca11 hft ....--:ampll teci by :r.e lat. i.ngi it 11, s.i..%:11- ..!IL.mi 1.l!lind: u 51,e 'CD tha .BAU as of;lg i.c: r .1 bed under the headin,g ~ C"a!IIJ!lnta.t: ion of TJni ts I:~ E:ill.C'h [' ill'Clllll'" ~ Aljla.i.11, t..11.11- p~i;i:n;:iipl• i.a.volvwd. L• :i-r,l~ti:aq 1111 t.oaii ruag:f f to t.M- aPQ11at. of .i.ape~i.ou:1111 ~• p~••11t. ( aic:t.~l 4...,...,1,oped aoniiA?) a J.
1634
I, • I" i.u • I_I . • II I . I . : ..:....,._. ..... _._.

The ~....bl~ Lo~ow Gr.owD ~he~,;...~ ~~~8~Qcico ~c l~ng u~c~ G.:lQ~~ ~~~~c~iv~ =unoff =actor~ at'lri the ~AU pex uc.u-.

IIJIRti il!a.llSm8~ WITS
,~------------~-----~-----~-~------~---
1 GROUP 1 t J\N n 1,~'R FAC'?OniPER AeJ{E
I A 1 Camme:cci.al .. _ Irtdu.etr:la l
~ ~part.!aent5/Mobi~e Hean!!! Far~~~Chnrch~g,Sebaolc
I
~ Sinqle-f.u\..ilv P~~identul
0 Pault.r-vrirrigated/Cultivatied. ~toD~,
Li'7EIBtock~Vacant UnQ.CV•loped
I!: Golf ~aU:t"!!Je.-S • 1•:ri v~te Pl!llr kB
f" Pa.rec.la- with Mi.ll!Pc ~ i.l an,oou.a .S t.r';.lctl.1rl!!!':is UlVLEI
CIOUP ~ - CQIIKIKC:IAL /IKDU:11:t'lll:IJU.
"i.and Utle i:.:ooeEi: C 1 - Comm.ere ia1 1Jr-opert:i.lills

0.:80
r,_ ~o
! o~ 40
0-rOU
o~oo,n
0,003.:)
CL - Commercial Hui~d..i.:nqs on ieaEietl 1.a...c.a.

GROUP 8 - A,f'U.1!111:r.--t"-8 1111 /dla.1L& !IOMIJ .PA:aPi., C:IIURCEE8 • SCIIOQL5 I.~nd u ~e cadlll • : CA - A.[)l!!,rt 1IU:tnt Bu.i ldl ng:, \ 4 fJr mo;i;- s: un..i I. s l Cl - Chu. .. ~h...-111;
HP - llnbi.le Elcme Rental .E"u-k , 3 nr mare J.:n.i t~ ~ Rl - Ap,e,rtiNn~ suildinga t4 o~ :ir:,o~~ unit~!
SC - S~haola
0-ltDlJll' C ~ S llfGLZ-rAittL'I ftES"IDD'I' [Ali
Land UAe cod.ea : Alt - Aqr i-cu.l tu.r~l Ree idant.i,1],J. 0 .. 10
0 .. 05
CR - Sin~l-e-Pa.mily Rc~idcnti~l ~, or ie•• unit~)
Mr I.ndivid.ualiy owned p&-re~l with n.obile hamc::i
.HO - Indivi~ually r;,,m,.d p~~P-1 ~ith :r=io:bil~ ~a.

MP - Nobila Hone on lsa6Rd. 1~.:t.

PR - R..aeidantul on a~ricult~ra.1. pr~~e.rv~
Rl - Sin~ie-~a.m.i1y R~sid•ntial
R2 - RaB~dential t2 or 3 un~~c~
~c ~ CQndomJ.n.i.um.a w~eh priv4la ~nL.c:y
RD - Cond.csi.nLums with common ant.r:i. 9
RI - SingJ.e-,t-"mn.i.1 y .Ne !Ii ~:nt: i a 1
rut - :nd.i vi du.al. l y ,ownoo mub.i 1 liill h0att lot. [-rn - S i n9 l II;!'-!'"t\lllil y .t-i:e~~~t: ia 1
RX - Rxc:::eptiDnal ~~~ident~al
GROUP R - GOLP COURU,. PRIVATE PUKB
Liana U~~ ~Qde~~ C5 - CelM!t~~~~~ {B~cludiu~ nQR-p~0fit) GC - Go 1 f -.~-aura~
GR.OUP ,- - PAaCBLS ,r1n xracrnn:ooa s~
Lat1.d. U:!!!f!I Code:!! :: AS - 1lacl!l.nt with .m.i:l!!I ce llan•cn.1:m: !iitrnctar e Y'S - l.4I.1.-c! with ;,d• i;-..-11 aneott u tit :c-u:t=tl.l.:c-c i;-n 1 y i::XAl!rpi e::s :i: old f 0'Llndat i-01111 , p(mp hou:1e :s or :!; hoed iii; 1Tot. .i.o ue-o1635
..• ,. . • •. I ' I •• · .. I •• I • I - •=...:....:.I • .

CQ.HPUT.MI Pl: Qf YIU.S f"Oa .t"'-WU PA..Y'J!:
;:.!i- -i:::rev i.uui.. iy :!Jt.-c."t-ea, t.h¥ .RAU l :II tb.,e, p;cuportiono:t.-e n.:i:nQ;ff :frOJ:L &. ain.gi11tf.!l.l!!Lly 1~£id~nLiai ~~rc•l with~~ «~•a oi l/5 (~.171 ~cce. O~huc aiz~ ~:.a~c~l~ ~rw J~~d us~ c~t~iv& ~ill haY• .multip!~~ 9L ~be b~¥i~ u:-i.it+ Or:e l 1 } Unit -= t O. 1 ·1 A.ere J X ( S 1 ri,;1 Qo-F a.mi ly .M:&llil id 1iii1 n. t.ia l Ru.no! f .t·actor I
OI:"p
For ~~ i :mp l : c-i ty .::i.11 ~ ihig:.::_ t.:: - ! a.au.I y ril!!!'ll!!I ident.i.a.l 1,;il:. i:.;ipt'.! r t".ii:!111 reqB rdl!!!:.SS -of ~i%~ h~vn be&n ~~s~gned l B~U.
'rM numb~r ,.;if. a.ase:r:: :IUN:n.t. unit. B
ta.mi 1 y D!!!1u.ch11 n tial l a.r-g-lil.r tb.a..o
folloving ~quation:
f o.:c All pa.re"'-= l. $
,j. l 7 .l.cr-&Ei I i:a ( c;:,th.e-r t.b4tl; s iCl.c;l.lEI - det.e:rmt:n111Pd by t.n..

N~r o t Uni t.5 - ( A,r, e:~ o1 P&rC@l__ln ~.r•I t x £ R\,LQOf f F-Gc_:t:_or; l ()n fl t~a:1111 .1.c .A s:s:&& &lllE!n 1:. uni. t
~Q-.;;i;p A ;I: (;~r-cial ~ l~uatri al.

Rn.no££ ra~l.Qr - ~.ijO
nAU!ill • ( Area of Pa.:ccial O~"'l¢p,Qd I x 12 DAU/ Aere Orou.p B :i: ~111t-'1 t Nal::il.9 ._, Pa.riu., Cb.urc,.li,e11-, 8Cll:COJ..a kunof t :t:a:ctor - -0. lliQ
JlA.Us • ( A.r"!td of Parce,L Deve iop:i:,,i l X '1 BAU/ A.c:::re O.raup C ~ Sii:Lgi.e-Pa..i ly H-iii!I-Ual
.Runoff FiltC'tDr ~ 0.40
.B.A~e • (.11 Al':l.re•i X ~ BAU/Mte
.POul~.E"]', 1rrigat.d cropa. ::-altivatlliHil ~o~•, aairie•, L.iv•at~ ~!i1Vd.im9 rll'da. V.a.c:am~ und•••loped
iHH:i!".11 t Fa.e"t.or = 0. {10
BAOa = {1.00
G.vu:; IS.: CklJ.f Cou..r8-a ■ , :P:riY•t• Pan:1
RunQff Eactl).r • OrOg67
BAU& = (Are.a. of .r.a:rc:1111 DBVsl u.p,ad l X CJ . IO RAU/ Ac r 1111 i:.1:s,;11,1.p f': Pa.re• ls w.i. t:lb. m.i:acaila:DeOU• •truct111 ~• R~~ciff Fa~t0r • o~~Oll
rum~ • ( Ar~a. of Paree l o~ 2..cp~ l x □ _ O:'!i R.Jl,tl / Aer@ T"
1636
• ._ I-_._ ,1 _. _L,. r • I 1 I 1-.".J •. I 11 1 I I . I .U:... !QlU:1.11 9t' :CXfICJLL ~B.Mlll'S
A.35L,Jtu:::; i\ l ,o • 0 .acre ~-oaatll re i al Ii nd.L.l.~ t: t: i al pa.r"1 el ...-.1th A. d~'WI toped a.t:cu, of ~ . o ~e~e:s wh i.:::h l:a:s: a 8AU rat.• o t. S 4 • O C p,r 'Y'C i::tr:
?-.'o 4 of :BA'Us ... ~ Oev'l!-J.op@d Fa.:r.ii;:1:11 Area) X 1. i .aA "D / .:\crll!' • a X 1~ = ~6 ilAOS
~berefor~, th• ~&ae~sma~t ~Qa1Q li,w!;
ASSUM!:
96 BA.U~ i S4,00/-SAU - $lS~~aO pe+ vea~
Pu-Jes (Qz-Qup ►
A iOa~ acre l'llOhiie home park witn a d~va~oped 4:rca 0£ a.o acros ~bi~b haa a BAU rat~ Qf $4aO0 '.EJ'B.r ye~~
Ho. ~f BAU~= <De~•lcpod. P~t:t.:e1 Are~) X j BAU/Ac;::re z S.O ~, ~ ?2 BAU& T.a,erefore, ~ho •s~sae~r.~ ~~~ld b~~
72 HA.Us~ ,~~/SAU = S2B8.GO Ptlr Yfta~
l ~ RtliOutial { G~p C!,
ASSOMK:= A 10,~ 4Clre ~inqle-fam..ily ~•aidential paTcAl u Vhi..c:h MB 4 MU ratt! of S4~u0 per ~a~~
tio • ci f .BAU-u - C o . 1 ·, iu::r,ii,• , X 6 UAU / Ac r:t':. • 0 . 1 "l ,:: 6- -:: 1 RAU
·i·ti.eret ore.. the as:1.-• ~t 'liicold b•::
1 DAU X S4.0O/BAU ~ S4.0C per year
4, f:W~ltry. Irrigatlfd C~cpt. Cµltiyated Crop•, n•lu••~ :t.iu•ts,c.k. Vacant. Up4ftl:1:1Pnsl ( Group D-)
ASSmnt;: A 1 a • Cl ll!it:re P D1J 1 t.::r;y parc!al wb ic:b ::..iii.A :-.■ rei:!r:iaasndad iY.,U c,. t.o of $4.00 per yeor4
~o , o.f BA.Os = ( .oevel0pea Pa;s;c...,l lU"oa l .x. o ~u / Ac.re ~ lD.O XO - 0 RAU&
?hereforer the aese~~aent would be:
0 UAU X St,00/:6.AU: $0.00 per year
1637
I • I ._ . ,• •J I I . .. I • I I .. - .... I I r1 I I I . ._IL. s ~ col :f :C:PiUf:!l k ;:ariyata i"ar.k.111_ c t;L"Ou.p £) ~ lOrO a~r~ G,:.,lf CQU~~~ or ~rtvate ~ar~ W~th ~ dev~lopeci c1.rei!II CJ ~ u . u .c1:c.;: • I..! a-: ..., i'1: ~ c.b hal!I a .rec-i::amend~d IlAJl .-a t.e a:f ~ 4 . 0 G par y~a.r:;:
~o + ·-..J f BAUi; = ~ Devl!l loP1!"ri ~~ roe l At'ea } x. u L l ll B.n.ll / kra = 840 X 0.10 = 0.80 n.AU~
'L'her.,f r;;i,.411 , t b.e o:1.s s.e:s:smeo t. 111~ld b1t:
oLa~ BAUs X $4.Cg/MU - Sl~20 pee year
A 1a.o a.o~~ p,iicecl witb 8.o MreB of old lV'Und~tiona, or pump h¢1l11•• n.gt ooaupit1d t')r bain~ u•11:id whi&h he.:11 ,1, .-~nde-d. BAU rat~ of S!~nO ~£ year,
Ne • of .BA.Us • { nev•J.opaa. P-a..rot!!!l A.rlNI ) i:: Ct + 0 S IiALF / AQ~e - 8.0 X Or05 ~ -40 BAU~
Tl-.erefore 1 ~he Q~~u~3~cnt -wcald t:J,,e:

O ~ 4 0 BJ\Ua x $ ii • co/ RAU 1111 $- l. t:i O p~:i- yftar Th~ KMBBwument 3ystem. is de•igne-d. to id~ntify ~n.d. ec:apute a.a••-~~ u:n. '"'~PICI.L'" propert .i.Q!I c lo&e ly meeting t. bo:s~ l~d ~ ee d••er iption• . How r tha BJ!lltam i• flexible ~~o~g~ t.o acc~mm.adate ~it~tia~~ w.tu.ch rlo n~~ m&et the a~erage or typical JAlild ~8~ wi~hi..:i the a cateqo.z:ie!jl:, In thas• inatl!!lOC~5 ~z:IC':lnlo.- RULSS-~ have~~ eat&blisn•d to ~rO?"ide .a c::1C:rn;; i &tlB.,l;lt. ~t; hDd lu , 1\1'~ 1:iia t• t hDli!ia pr(lperti 1..u11 .. 1 . RV P&t' ks havinq i~~ s~n.1 l uccu~t i.on 'lifi 11 ~ve- l!I. !i 0% reduct.ion rate. appJind. to tn~ ~alcuJ.ated as,oc*:ruiin~
2 r .E1fen t:t.tough .1g r ie~l t:u.ra l p.!1.rca J :g: r11:r@o 1111D!!impt ~ ;t1.in'S le-ta.ail y rC'Gi1.fou t.la1 un.i t on • .,,n agrt.eul t ur~..L pa.rc!r3l i e: ;;iot examp't ~nci. will b11;11 aeaeBBed at t~o normal ~ingl~-faaily ~eaident~al ~•l~ulation .3 ~ JU::. va.c:an t /undavl!:! loped l .1utd i !!'I ~.xe:mpt: regard,l••• ot t.h.a .land use e¢d.• 4 • All. ai,g~ ic u l .._:i.:i:.1. a.1. pa.:t"tie.1.a. .llQ ~t., packing IEi.n@d:ll O:t' sto:t"agit1 bu.ildi~q_. ti.•fil in c:ot1jUnQt.i.on witli th111 oit"w'ricultural dc::'t:i.v:i.t.y :a.~ ~x,amp,t
S • I :Qdian Fedora.l 1il!nd G .-..n.d Bt.u:·e-atJ a f Land Mana~BIQIIJD-t land~ a.z::111 ozampt., bmiiavei; I~ l.i.nd• l ll;!!l!l•~ t:o non-I .ad.ian azi.ti t.Lu; wi lb. a t.rnc t.iires ar11 not ex-ampt
1638
.-••." I . . " 1 '-1 . I • ,1,._. ,. ". 1 I 1• 1 •.·.· 1··1•"-l_i LL " 0 I • 11-I •• ,,
MLQCJU:UJU rstl -r.?PICAL CM 1~; 81-JY!:Hln' ort
= a~ ~roµi.;: r r.:. y civnl!"!r:,. ~h~ f oe.l 1. hat tha i r par~ol doe-s not .m.~~ ~- t.h~ 'tTJ;il..i.ca 1 si t1;1.a. t ion I a t:iy Bt~ f 0-r iP:v-a.i 11a. tion h~,i; Le-en -ll:as ta.bl i e:hea ~ l f:t i ng t.h• J. ollowlng Sample f'"o;r;:m to t."l!!!'-P.Va lua t:411 -' pr-op.tty CJlr{D'llr I B CSl,i,

15.2 i:J.IJ 15-eB eimen t , City i:. taf :t :1b00.ld t1 [email protected] if tba ~ •h•:am111nt i • i:ncor t c:::i;,; l by ..c•v l.Erwi..ciq afl!lri6l ?,nct-o s or hy field. fa::i.~pec-t..i.cm l.f neeefl:••ryT
'l'h• irtVi!II l 1.1ation f-OPII i.::: ou ld ~ p:r°"igad to th. §J.1 os:rt:1.rcy owner by tM.i.l or inada availahla at tne ~Q~n~ar. 'l'he ~op h-lf Qt tu f~~m (Prope:tty Int~tioPI ean bo complated by ~h• ~ropcrr.y mmer ~ftd! mailed b&c.k to statf o~ ~~fo:r:zatiQn ~an be gatti~red hy ~~aff ove~ the t&lBIJhoo•~ ~h~ Mt'.tt'.lm half ot: th-I! far.11111 i!il: fcir -at•ff use to Tec:or,;f tht: infDaJ6t.ion a.bout t.h.e propi,r:t:y gAth,a:reri du.ring th-1!11 eva.l -u:,1 t ior. whi~ ia n8G!e:s~ tQ d-eterm:i ne j f "' c or roic-c &d aaBBBl!llaiietn.t i m: ne,c c-21sary. '0\l••tio.aa ratJU"d.i.a.gl th.41 .r-e-eyaJ.u.at.J.ara ~roeed11:11ra DaJ' .ba ofii~e,i t:.1;1 a .:r1:11d.7 flat t.•r lCIIIHi
( H9) 21 !w-llitNJI
:Spae.:lal Pt"Ogztalb il!llik:f: .4.oa
-.1 ni:t-aJ.de ca..-ty l:"nm:lllpori.a:t.i~il Dapa..rtmi11:1. t Coapl•tClld (o;raa a~uuld htll ~ltad to:
fU......-•id• CC)lm.ty h-aa•P9-1'1:,atioa O.p&~t
1695 S)race S~N•t
R:!. va-.ra:.ii:ie , ca 9':Z!iio7
•~~~t J-1lcl~ wa~t•rl~IUI
1639
. .... I • 1° I . ., . • • I .1·• "-· L .... I • ._ ' • • ,:sa 1s:2
ASS~SSM..IQr.r :8.E-EVALUATlON
.A.5S~5SOR PARC~L NO•----~----
FOB s:w:::, YU OllJ,J
.. .. ..:....:.u ...... _.

CATB ____ _
~ARCEL ~lmA~ ____ ....._AC....,. • ...._ DEVBLOPED AC'RH&iE~-----......:;A~C~1:...- PRO.f.E:RTY EV.ALUA".l"IOfi =. .ABJUAJ. :PR'OTO ·---~ SITE VISIT' ___ ~-- P~OF!RTY OBSCRII'TION/COt4MENTS __ ~_
ass:e;s§MEN!: ~T.A
8A.O / 111 TJKVKLOPl!J[I ~ $ RATE
AC!l.B AC.RB.ACE /Mu
I: ;
:I I I ! i I
r I
,
l i
[. I
I - - . - -
• L '-
I
-
Rl!!:COkMm'IDED CORPJICT!D AS ~fi.SSNE"NT _,c....__----~ CSA 152 t1JJtD IIUIIILD.
• APPROl:IMTE DBWLOPE.D ACRKAGE ROIJ'ND!:D TO T~ ~ST HlJJtDiUI IJT"I FOR "1'1"I6 CAI.CULA.'rZ:Olf.

QUXSl'IOllS R.KCAR.D:nfG 'I .B!.S ASSESSMf!N'I' 1 l"'lrBASE C0Ni'I'1'.C'l' ::

I
1640
" I I • • .J - .. . , ,, I ~:. .:.li.J'"4 J . J I • • J. i'B:OCIIS!IlfG g,a .15,2 :.asumonn RB-rmw,:nOlfd :nqt'!I ::io_ "cltOnRn ;u STNIIBIS,fiT5 BS.Jll'G HJUJ.,lm { Batara sapt~r, :t.} l:'l!Cl-~v,lua.tion t~ :.ib.oii.l.!J Lrc~ 1·.ub.nittc-d to tho 5pecial Frcql.uae 5oation uf the- ~r,;,1,.mty 'I'ran.sportatior;i L)e~'.lliJt:"t..l'ICnt". p: i .. n · Lu p.ro~ct._y l.1x: :1:Jtatenents tioei n~ m.111 i I nd ( priei= t.D S Rpt.111.11.bt!!r l c.:t .l iv~""'r.:y year) • l'bol!!!I ~pproved corrt:JC t.l.on~ to the as ll'i S lilN.n"tt wU l o~ upd.a t~ to ~h~ ~omptlt• r data .ba•e a1!!1!!1,1!!!SBlourn~ nile& prior t-:i ~•n.•r11tii,n t:>! ;:cc!pe~tv to:1.X statesl4'Ma. Tb.•r. i.!3 na :=.hargra fc-r corr.etiecu: irtade ~rior to ,:.!,:,11..a.-eri~e e,t prop~rty tn statsmsnt:s.

PJl(l;QSJlfG C,I 152 Ml:l~MA:J M-mLUU'RIWS 1l,na PltftlU'J TN SD.'l!DIIRffl 3PW MI\IUID
Re-ev4l11.ation fODEi!I i:;u.bnri.tted. t.o t.be Special PrDICJram& Section after p~rty tax et.&tan:snt:e have bND m..iled 'lrill be fr;;,rnirded to the COUflty A1,1d i tQr-.-Con troll~ • s off ice for proc 1n; Bin9. '!'be lwd.i tor C'ontroJ.les:- will 1111!111.k.e the eo:n-C!c-t ion to ths pz::~rty ~ :;tat9lllen t. u B inig one a f tvo 1Mthods; 1) isB1.1e a r-~i59'd prcp-erty tax lflita.tBment I.Jr 2 l iBeoe a .:r:'Elfm:ld c ~ec k . The co.rrac:t ion to t b• ecm:put.9.r. r:LiitA bl!ll.1.n ;an nmnm:ie nt rel 11:t!J will. be roade by th~ Special. P.rogt'4llm: s~t io:n prior tu- Ui.e nlllXt t~ y~.z: ..

Mthod 1:

If 1/2 o~ tha proparty tmcaa w.r• paid on the tirst in~tll.llm.entr tho AU.d.itcr CoDtzalle.r ~ill is•ue a revised proptirty tu stata=ent $bc;-.i~g th~ '.::ilecond. in au 11..JnA:!int. bail llDce reduced by the d.if fer em::-• bet wen t:fte ~Qt~4l ~~•e~1n1ent ~nd tne ~ec:~ corruotiixi ~-~~01K1nt+ TIie vropcr ty o,wncr 111 i 11 ;l cit :.,.ee :} reiduc t icfL .i.c::: th ill ,tc t al <"...SA 1 S.l c1.asea:1!uc.e:ci.t on t..ho revifl:ed t.~ ~tate:ment, ,:.he only ne>ticel!I.Ple d.if fe.rence will be in th• ~•~and inst~ll.mt!nt balan~D due.

Mlt.b.ad 2:
1 f i:. he pfi>iia.i: t . .Y r. au:a& wBCe pa.id in ".: b.11:ir e:nt.i rot. y c1io UIII!!! .r ;u::, t. inet-a.1.1..meTit and ~hn di~fercnco bstve~n the actual ~nK~n~~~ ~mi the .recollllll.8:nded corrected -ul!lal!!l1n!lllllE!nt (!XC'eed.s S 10. DO th,~ J\1.tdit.cr Control .... tll itJIIIUI'! 111 r""lt:Uf'ld ~hec-)l to the p:COpi!!rty owner. This :Ql,lil,l' t.ak• &nywil•~- [~~ J t.Q ~ ~th~ tQ oi:eu~. m&c.b. z-..,.i..-.d :P-E'OIP•ftr ~ •-t-~a.~ ea~ N f ~ ebeek PRK:&•11 N by t•• h4itcn- &:r.nt.rc,l l•r wi lJ. coat $1:5. 00 w.b..iah -.rill be ~ to tM CD%r811paad.iD.1J CSA 1 !2 fmsd D1Dlilar.
1641
'I" 11 • _ -•1 • -r L .- 1 • I 1,. .J Ir- -l_i ,.•_I I • l'tl I L • _ •• I S~mple~
i
i

2. 1 7 Acre ~a r-cel

UNDEVELDPED
(NOT ASSESSED)
• E'ASJC UNIT
1 ciAU
douse {BAS~C UNIT 11G acre) - 1 BAU
:
-
1 /6 ACRE ;::: .1 7
ACRE
1 BAU X BAU RATE= S ASSESSMENT
1642
" . •1,t 1 • ,1 • ,1 .•.III . . . i_ .- 1 ""I '4 . J I I I ; • -1 I • • • :i..:........:.. .r_. • • U:":"'

COMMERCIAL / INDUSTRIAL
' - ■
.. _ -
SA~JJPLC:

UNDEVELOPED
10 ACnES
(NOT. ASSESSED}
. '
DEVELOPED . . .
12 BAU / ACRE X 5 ACRES DEVELOPED ~ 60 BAUr S
so BAU X BAU RATE ~ $ ASSESS~iENT
I .. - I
, ■
...
1643
Resolution No. 1994-107

APPROVING ADMINISTRATIVE SERVICES AGREEMENT
FOR CSA 152 PROGRAM BETWEEN THE CITY OF BANNING

AND RIVERSIDE COUNTY
W~EREAS, Section 402(p) of the Federal Clean Water Act requires municipalities to obtain a National Pollutant Discharge Elimination System (NPDES) Permit before discharging stormwater into the waters of the United States; and,
W~EREAS, County has formed CSA 152 to finance a portion of its programs and obligations associated with the municipal NPDES permits and individual General NPDES Permits; and,
W~EREAS, cooperation between County and City in the administration and implementation of the NPDES Permits is in the best interests of County and City; and,
W~B, ERP~%City was formally annexed into CSA 152 by County Resolution No. 93-454 on December 21, 1993; and,
W~EREAB, County and City are to perform certain duties prescribed in this Agreement that will benefit all parties;
uc/ill& M. Ellzondo ~
City Clerk
OW, T~{ FORE, ER~.B~. IT RESO~. DV~.by the City Council of the City of Banning that the attached Agreement labeled Exhibit "A" be approved and the Mayor is authorized to execute the agreement.

PA,,~. D, APPROVED, AND ADOPTED this 27th day//of September, 19~4.

APPROVED AS TO FO.RM
Joh~ ~F. W&lson
Cit~ Attorney
1644
1645
Exhibit " A"
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

ADMINISTRATIVE SERVICES AGREEMENT
FOR CSA 152 PROGRAM

BETWEEN

RIVERSIDE COUNTY AND CITY OF BANNING
This Agreement, entered into as of this day of 1994 by the COUNTY OF RIVERSIDE, hereinafter called "COUNTY", and the CITY OF BANNING, hereinafter called "CITY", establishes the responsibilities and obligations of each party concerning the management and financing of COUNTY SERVICE AREA 152, hereinafter called "CSA 152".

RECITALS
WHEREAS, Congress in 1987 added Section 402(p) to the Federal Clean Water Act CWA) [33 U. C. S1342(p)]; and,
WHEREAS, Section 402(p) requires certain municipalities, construction and industrial facilities to obtain a National Pollutant Discharge Elimination System (NPDES) Permit before discharging stormwater into the waters of the United States; and, WHEREAS, COUNTY and CITY have obtained or will obtain a municipal NPDES Permit for each of the three watersheds of the County; and, WHEREAS, COUNTY has formed CSA 152 to finance a portion of its programs and obligations associated with the municipal NPDES Permits and individual General NPDES Permits; and,
WHEREAS, cooperation between COUNTY and CITY in the administration and implementation of the NPDES Permits is in the best interests of COUNTY and CITY; and, WHEREAS, CITY was formally annexed into CSA 152 by COUNTY Resolution No. 93-454 on December 21, 1993; and,
WHEREAS, COUNTY and CITY are to perform certain duties prescribed in this 1646
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Agreement that will benefit all parties;
NOW, THEREFORE, the parties hereto do mutually agree as follows:

1. DELEGATION OF RESPONSIBILITIES. The responsibilities of each party shall be as follows:

A. COUNTY shall assume the responsibilities and meet the requirements of CSA 152 administration for COUNTY and CITY by:
1) Preparing CSA 152 budget and reports in compliance with County Ordinance No. 573.
2) COUNTY shall also:
a) Prepare the required narrative for said budget and reports along with COUNTY'Sindividual budget or report on COUNTY activities.
b) Annually prepare and forward to the appropriate agency computer tape information on individual assessments of parcels within CITY for generation of Benefit Assessment Units (BAU) totals and assessments for CITY.
c) Forward CITY corrections to assessments and tax bills to Auditor° Controller/Tax Collector.
d) Review and coordinate CITY CSA 152 budget with overall CSA 152 budget.
e) Reimburse CITY for actual expenditures incurred under provision of approved CITY CSA 152 budget and allocations.
f) Conduct mailing of proposed tax rate assessment for CITY for FY 94/95 and any year CITY requires notices. COUNTY shall bill CITY for these services at cost.
g) Provide to CITY annual property assessment printouts and a BAU 2 1647
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
summary.
h) Provide to CITY standardized forms including but not limited to assessment re-evaluation forms, budget and expense reimbursement formats.
i) Serve as administrative and technical advisor on CSA budget preparation and assessment re-evaluations.
j) Assess CITY an annual six percent (6%) administrative fee on new revenue for CITY CSA 152 budget.
k) Be responsible to CITY for reasonable requests by CITY for information, billing tapes, data, changes, corrections, refunds, issuances of new CITY tax bills or revisions. Said requests will be at expense of CITY.
1) Conduct annual County public budget hearing of CSA 152. m) Assist CITY with first year CITY public information forum on NPDES program and CSA 152 administration by providing administrative and technical guidance.
n) Provide CITY with copy of CSA 152 budget prior to
submittal to COUNTY Board of Supervisors.

B. CITY shall assume the responsibilities and meet the requirements of CSA 152 administration for CITY by:
1) Preparing CITY CSA 152 budget and reports on its activities using COUNTY format, hereto attached as Exhibit A and incorporated herein by reference. Said budget and reports shall be submitted to COUNTY for incorporation with COUNTY CSA 152 budget narrative and in accordance with Schedule of Events, hereto attached as Exhibit B and incorporated herein by reference.
3 1648
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
2) CITY shall also:
a) Conduct NPDES and CSA 152 public forum for CITY constituents prior to COUNTY CSA 152 public hearing for new or increased CSA 152 assessment over prior fiscal year assessment.
b) Be responsible for CITY updates, corrections or revisions to be entered into COUNTY data base for CSA 152 or any corrections, revisions, refunds or issuance of new CITY tax bills through COUNTY at CITY expense.
c) Be responsible to COUNTY for any proposed tax assessment printing and/or mailings CITY may want COUNTY to perform at CITY expense.
d) Be responsible for replies to CITY taxpayer inquiries and requests for CITY CSA 152 budget information and NPDES Program within CITY boundaries.
e) Provide COUNTY with CITY telephone numbers and public forum dates for CITY taxpayer inquiries on CITY CSA 152 program and for inclusion on CITY CSA 152 assessment mailings or proposed assessment increases by February 15 of each year, and keep such numbers updated as necessary.

2. FEES AND PAYMENT. COUNTY shall administer CSA 152 for the benefit of COUNTY and CITY. CITY share of annual CSA 152 administration shall be a six percent 6%) fee of CITY CSA 152 annual budget.

A. CITY shall be responsible for payment to COUNTY, at cost, for services that require:
1) COUNTY to provide information, billings tapes, data changes, corrections, refunds, issuances of new CITY tax or revisions to CITY. COUNTY shall 4 1649
3 4
5 6
7 8
9 10:
11 12
13 14
15 16
18 19~
20 21
22 23
24 25
26 27
28 provide an itemized billing of completed work to CITY. 2) COUNTY to perform printing and/or mailing of proposed tax assessment rates of CITY assessed parcel numbers.

3. SHARE OF COSTS. In the event CSA 152 requires the services of a consultant, as mutually determined by COUNTY and CITY, to prepare manuals and/or perform studies such as, but not limited to, management audits and fiscal reports that are relevant to the entire CSA 152 boundary, the cost of said consultant services will be shared by COUNTY and CITY using the methodology of this Section.

A. Share of Cost Methodology. The individual percentage contribution from COUNTY and CITY shall be a function of population. Contribution shall be calculated as the population of COUNTY or CITY, divided by the aggregate total population of all CSA 152 members, thusly:
1) Contribution (%) = Xn/Xt
Xn = population of COUNTY or CITY
Xt = total population of all CSA 152 members combined.
2) The population of COUNTY, CITY and CSA 152 member cities will be based on the latest California State Department of Finance population figures issued in May of each year.

B. COUNTY shall keep CITY apprised and notified of COUNTY requests for proposal ( RFP), selection of consultant, consultant'sfee, any contract timetables and consultant schedule of payments.

4. TERM OF AGREEMENT. The term of this Agreement shall commence on the date the last duly authorized representative of COUNTY or CITY executes it. The term of the agreement shall be indefinite or as long as required for the Clean Water Act.

5. WITHDRAWAL FROM AGREEMENT. Either Party may withdraw from this Agreement thirty (30) days after giving written notice to other Party. In event withdrawal 5 1650
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
becomes effective, withdrawal shall constitute forfeiture by the withdrawing party of its share of costs and administrative fees paid as described in Sections 2 and 3 of this Agreement up to the effective date of withdrawal. The withdrawing party shall be responsible for all lawfully assessed penalties as a
consequence of withdrawal.

6. AMENDMENTS TO THE AGREEMENT. This Agreement may be amended by mutual consent of the parties to the Agreement. No amendment to this Agreement shall be effective unless it is in writing and signed by the duly authorized representatives of the parties.

7. NOTICES. All notices shall be deemed duly given when delivered by hand; or five (5) days after deposit in the U. S. mail, postage prepaid.

8. GOVERNING LAW. This Agreement will be governed and construed in accordance with laws of the United States and the State of California. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired hereby.

9. CONSENT TO BREACH NOT A WAIVER. No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by the party so waiving or consenting. Any consent by any party to, or waiver of, a breach by the other party, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach.

10. APPLICABILITY OF PRIOR AGREEMENTS. This Agreement and the Exhibits attached hereto constitute the entire agreement between the parties with respect to the subject matter; all CSA 152 prior agreements, representations, statements, negotiations and understandings are superseded hereby.

11. HOLD HARMLESS. Each Party shall indemnify and hold harmless the other party from liability or damages resulting from its own acts or omissions including those of its 6 1651
1 officers or employees in the performance of this Agreement. 2 IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first 3 above written.
4 CITY OF BANNING
5 ATTEST:
6 City Clerk
By
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 Mayor
Form Approved
County Counsel
BY
Deputy
City Manager

COUNTY OF RIVERSIDE,
on behalf of CSA 152
Chairman, Board of Supervisors
ATTEST:

Gerald A. Maloney
Clerk of the Board
By
Deputy
7 1652
BUDGET FORMAT*
CITY CSA 152 (NPDES)
FY

EXHIBIT A

APPROPRIATIONS
Storm Drainage System Inspection -
36" and larger)
Initial Inspection
Underground/Open Channel
Water Quality Testing
Document Violations
Inspection Preparation Plan
Updating Construction/
Facilities Drawings
Drainage Area Management Plan (DAMP) -
DAMP Preparation
Implementation of Best Management Practices (BMPs)
Inspection Forms for Building/Public
Works Inspectors
Additional Catch Basin Maintenance
Additional Street Sweeping in Industrial/
Commercial/Central Business Areas
Administration of Volunteer Catch Basin
Basin Stenciling
Development of Grading Ordinance
Develop BMP Manual for New Development
Inspection of Construction Sites for
Compliance of Grading Ordinance
Testing of Sediment in Sediment Basin
Spot Inspection of Commercial/Industrial
Areas for Illegal Dumping
Education
Pesticide Training for City Personnel
Permit Training Requirements for Inspectors,
Plan Checkers, Engineers and Planners
Training for Review/Inspection of BMP and
Inspection for Illegal Dumping
Utility Bill Inserts with information on
Impacts of Fuel Spills, Illegal
Dumping, Erosion, etc..
1653

Page 2 ends

Administration of NPDES Permit
Contingencies -
Other -
Legal Mailings
Assessor Line Item Charge
Riverside County Flood Control BAU computer time
Public Education Program ***
CSA 152 Administration Fee (6%)

TOTAL PROJECTED APPROPRIATIONS
Illustrative budget format. Line items may vary with Cities.

A brief narrative and cost breakdown to each appropriation.

NPDES Public Education as provided by Flood Control/County. 1654
CSA 152
SCHEDULE OF EVENTS *

EXHIBIT B
January
2 15
20 30
February
10 15
Cities and County begin CSA 152/NPDES budget process for upcoming fiscal year.

County provides updated BAU summary to first year CSA 152 Cities.

County provides statement of accounts to each City for first tax collection period of fiscal year (December). Statement reflects year to date CSA 152 revenue collected from each City and its zone of benefit (incorporated city boundaries).

City prepares and submits to County a statement of expenses for City CSA 152/NPDES program.

County receives expense statement of Cities and effects reimbursement to Cities. Reimbursement is limited to the amount of City CSA 152 revenue collected less County expenses as outlined in CSA 152 agreement. County shall submit to City on a quarterly basis County expenses for inclusion in City expense statement.

Deadline for City to notify County of proposed increase in City CSA 152 assessment rate.

March
1 10
15 15
Cities and County finalize individual CSA 152 budgets and proposed BAU assessment rates.

Deadline for first year CSA Cities or Cities with CSA rate increase to submit information for CSA legal mailing of estimated assessments.

Required information includes times, dates, appropriate addresses ofpublic forum/offices including phone numbers and proposed BAU rate of City.

City CSA 152 budgets due to County for consolidation of overall CSA 152 budget.

County conducts BAU computer and print services of CSA legal mailings for first year CSA Cities and Cities with rate increases. 1 10
10 County submits total CSA 152 budget for review and inclusion into overall County Budget.

Legal mailing date for estimated assessments on parcels for any new or proposed increases in City CSA 152 rates. County provides list of assessor parcel numbers and estimated assessments to those CSA Cities with new/increased rates.

Second installment of taxes/assessments due.
1655

Page 2 ends

May
1 10
15 20
County provides Cities with second statement of accounts for year to date City CSA 152 revenue collected.

Cities prepare and submit statement of expenses for reimbursement of CSA 152/NPDES program costs.

Cities with proposed increased CSA 152 assessments over the current year hold public forums to address City constituents and questions.

County reviews/approves expense statement of Cities and effects reimbursement to Cities.

June/July
July
15 County Board of Supervisors conducts public heatings on CSA assessments rates including CSA 152 rates or proposed rate increases. Changes may occur to CSA rates at discretion of Board.

Reconciliation of statement of accounts for County and each CSA 152 City zone of benefit). Balanced statement reflects total revenue collected for prior fiscal year. Cities may apply for balance to cover reimbursement of undeffunded City NrpDES expenses or balance is carried forward into next fiscal year within CSA 152 City account ( zone of benefit).

July/August County Board approves f'mal County budget including CSA budgets.

Budgets may change at the discretion of the Board.

September First County and City tax/assessments bills of the fiscal year are mailed.

October
15 Cities provided with update BAU summary and list of assessor parcel numbers and actual assessments.

October Cities respond to taxpayer requests for parcel re-assessments or re-evaluations and forward recommendations and corrections to County.

November
City provides BAU and assessor parcel corrections to County for updating in file.

December
10 First installment of taxes and assessments due/collected by County for current fiscal year.

Use schedule for CSA 152 planning purposes.
1656
June 30, 1995 CITY COUNCIL MEETING
JULY 11, 1995
TO: City Council
FROM: Paul Toor, Public Works Director/City Engineer
SUBJECT: RESOLUTION NO. 1995-125, "APPROVING THE BUDGET FOR CITY OF BANNING NPDES PROGRAM FOR FISCAL YEAR 1995-96"
RECOMMENDATION: Adopt Resolution No. 1995-125:

I) Approving the budget for the National Pollutant Discharge Elimination System (NPDES) Program for fiscal year 1995-96 for an amount of $43, 00. 844.

II) Direct staff to coordinate with the County of Riverside to record assessments under CSA - 152 with estimated annual assessment Option A or Option B:

Option A) assess $3. BAU85/to find the program for fiscal year 1995/96.

Option B) to assess $1. BAU79/utilizing a portion of reserves collected under this program, Option C) not assess any charges utilizing the reserves collected under this program and other revenues if needed.

JUSTIFICA TION: It is essential to appropriate the funds for implementation of the NPDES program.

BACKGROUND: The National Pollutant Discharge Elimination System (NPDES) is a federally mandated program to control non-permit source of water pollution enacted as part of the Clean Water Act in 1987. The Federal government did not provide any funding for the program, assigning the responsibility to the cities and county to implement and fund the same. Local Agency Formation Commission (LAFCO) of the County of Riverside approved the formation of the community service area (CSA) 152 to fund the NPDES program. Riverside County Flood Control & Water Conservation District is the lead agency and all the cities are participating as co-permitees to coordinate the program effectively and to minimize the costs. The implementation of the program has been delayed due to extensive planning work involved and the Regional Quality Control Board is in the process of issuance of permit.

FISCAL DA TA: Due to the delays in the implementation of the program, a small expenditure has been made during fiscal year 1994-95. The assessments for fiscal year 1994-95 were $4. BAU. 72/ Total f
1657
revenues collected as of June 1995 are $54,183 and total expenditure by the County charged to City is 7,185. In addition, there are some expenses incurred by the city which are minimal. Three options are proposed for City Council'sreview and approval. Under Option I, all the budget amounts will be assessed city wide, setting an estimated annual assessment of $3. BAU. 85/Under Option II, a sum of 23,449, 50% of available cash balance will be utilized from the reserves collected in fiscal year 1994- 95 resulting into annual assessments of $1. 79/BAU. Option Ill, it is proposed to use the reserves available from 1994-95 and does not call for any assessments for Fiscal Year 1995-96.

RECOMMENDED BY: APPROVED BY:

Pa r~or, Public Works Director/
City Engineer
I7DJII 1658
RESOLUTION NO. 1995-125

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

CALIFORNIA, APPROVING THE BUDGET FOR COUNTY SERVICE
AREA 152 TO FUND CITY'S NATIONAL POLLUTANT DISCHARGE
ELIMINA TION SYSTEM (NPDES) PROGRAM FOR FISCAL YEAR 1995- 96 WHEREAS, the County of Riverside, by this Resolution No. 93-454 adopted December 21, 1993, annexed the City of Banning to its County Service Area (CSA) 152 at the City's request to meet the Environmental Protection Agency's requirement to obtain operating permits for discharges from storm drain systems and to pay for anticipated project costs that places an assessment on property owner's tax bills to fund expenditures required by the permit; and WHEREAS, City staff has estimated the storm water management program requirements will cost the city approximately $43, 00844.annually; and WHEREAS, a "Benefit Assessment Unit" is defined in the Riverside County Flood Control and Water Conservation District Manual, the portion of which defining Benefit Assessment Unit is attached as Exhibit 1 and by this reference make a part hereof; and WHEREAS, this City Council has determined, based on staff's calculations, that annual
assessments are anticipated to be approximately $ per Benefit Assessment Unit.

NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Banning hereby approves the annual budget for fiscal year 1994-95 NPDES program attached as Exhibit A".

PASSED, APPROVED, AND ADOPTED this 11th day of July, 1995.

ArrEST:

Donald E. Smith, Mayor
City of Banning, California
City Clerk of the City of Banning
71 .. 1659

APPROVED AS TO FORM AND
LEGAL CONTENT:

John F. Wilson
City Attorney
CERTIFICATION:

I, Marie Calderon, City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution No. 1995-125, was duly adopted by the City Council of the City of Banning, California, at a Regular Meeting thereof held on the 11th day of July, 1995, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Marie Calderon, City Clerk,
City of Banning, California
17~
1660
E.)( H, B / T "It "

CITY OF BANNING
NPDES BUDGET FOR CSA 152
FY 1995-96
PERSONNEL - SALARIES AND BENEHTS 14,424

EACH CO-PERMITTEE OF THE MUNICIPAL NPDES PERMIT MUST

SUBMIT ANNUAL PROGRESS REPORTS, ADMINISTER BMP PROGRAMS,

PERFORM RECONNAISSANCE SURVEY, PREPARE ANNUAL BUDGET,

AND PERFORM VARIOUS OTHER TASKS AS REQUIRED BY THE
RWQCB.

ASSISTANT ENGINEER (57950 x .10)
PUBLIC WORKS INSPECTOR (48675 x .10)
ENGINEERING TECHNICIAN (37615 x .10)
STORM DRAIN SYSTEM INSPECTION 4,600
INITIAL INSPECTION ( 1200)
MAP EXISTING S.D. FACILITIES ( 2000)
WATIiR QUALITY TESTING (1000)
DOCUMENT VIOLATIONS (400)
DRAINAGE AREA MANAGEMENT PLAN (DAMP) 8,650

DAMP PREPARATION (RCFC & WCD)

IMPLEMENTATION OF BEST MANAGEMENT PRACTICES
INSPECTION FORMS FOR PUBLIC WORKS INSPECTOR (250)
ADDITIONAL CATCH BASIN MAINTENANCE ( 2000)
ADDITIONAL STREET SWEEPING (1800)
CATCH BASIN STENCILING (1500)
DEVELOPMENT OF GRADING ORDINANCE (1800)
DEVELOPMENT OF BMP MANUAL FOR NEW DEVELOPMENT (800)

SPOT INSPECTION OF COMMERCIAL/INDUSTRIAL
AREAS FOR ILLEGAL DUMPING (500)
EDUCATION 5,700
PESTICIDE TRAINING FOR CITY PERSONNEL (1200)

PERMIT TRAINING REQUIREMENTS FOR INSPECTORS, PLAN
CHECKERS, ENGINEERS AND PLANNERS (500)
INSPECTOR TRAINING TO ENFORCE BMP'S (500)

UTILITY BILL INSERTS WITH INFORMATION ON IMPACTS FUEL
SPILLS, ILLEGAL DUMPING, EROSION, ETC (3500)

73.1661
CONTINGENCIES 10%
OThER
3,340
5,930
LEGAL MAILINGS 29 X 7448 (2160) ASSESSOR LINE ITEM CHARGE .25 X 7448 1870) RCFC & WCD BAU COMPUTER TIME (1900)
CSA ADMINISIRATION FEE 1,200
TOTAL 43,844
ESTIMATED BAD'SINCLUDING 10% DEFAULT RATE
ESTIMATED BAU RATE:
11,368

3.85 1'/ .1662
ooUNTY SERVICE AREA 152 - NPDES
aTY OF BANNING ACCOUNT
FI.SCAL YEAR 94/95 - AS OF JUNE 23. 1995
L FY 94/95 Secorcd Tax Ron
Revenue Fixed Cbarg.e5

2. FY 94/95 City Pan;el Paid listing
Revcuue CoJ1ectedI
Jamwy 31.185
May 22,998
June Due
July Due

3. FY 94/95 City CSA 152 lhpenses
Mailing 2,138
As.sessor Une Charge 1.,247
Flood BAU Charge 560
CSA AdIDin Fee 3~

4. FY 94/95 City of Banning NPDES Expemes
To Date
S. Total City of BaDøiDg,lCSA 152 ÐqJense8

6. BaIaDa: Available
H of June 23. 1995
59,859
54,183
7,185
0 7,185
46,998
1 Adual ~ collectcd/pos1Cd to City aAXXJI1JI1.
a Admin Fee is 6% of projected FY 94/95 revenue - $54,000 ($3,240). 175 ., 1663
I
Exhibit A

Page 3 ends

CSA 152 FY 95/96 PARCEL FEES/BUDGET
FY 95-96 lD; FY 95/96 lm;l
FY 94/95
l.M . 2! Ilw1W ~ Parcel Fee' ..Qu¡m Parcel Fee
CSA 152 3, 000596, 3,53L383 507,647
Banning 54,000 54,000 .$ 4æ-i' 9,Tl3 $ 4,72
Cathedral Ci1y 167,000 167,000 $ 8.48 16,815 $ 8.48
Coac;bella 0 0 $ 0.00 3,844 ofa
Corona 223,000 223,000 $ 5,82 24,449 55.82
Desrt Ht Srp 11,000 11,000 $ 1.57 9,385 51.57
Indin 0 0 SO.OO 12,347 ala
La Quinta 105,000 105,000 $ 9.99 12,719 $ 9.99
Lake Elsinore 149,000 149,000 $ 13.88 12,000 n/a
Moreno Valley 387,000 387,000 - 5&l5-? 38,648 $ 1.55
Murneta. 130,000 130,000 $ 10.00 13,708 $ 10.00
Nora) 50,000 So,OOO $ 5.78 6,404 $ 5.78
Palm Dcsen 0 0 so.oo 19,028 o/a.

Palm Sprinp 337,000 337,000 $ 9~ 25,810 $ 9.50
Rancbo Mirage 68.000 68,000 $ 4.68 1Q,23O $ 4.68
Riverside aty 270.000 270,000 S283 fiS,626 S2.83
San Jacinto 45,000 45.000 $ 426 ID,9S0 nfa
1, 000996. 1, 000996, 289,988
Riverside Co 1. 00060. 1 4: 38330. S7.rn" lWfiQ $ 791
3, 000596, 3,83531, 507,647
Parc:c1 Fee is Beuefit Assessment Unit (BAli) rate. FY 95/96 fees remain the same as FY 94/95 except for Moreno Valley ($8.15), Lake EJ.sinme ($13.88. DeW CSA member) and San Jac:into (5426 . new CSA member).

Riverside County baa two mBe rates per Board aetÎ.OI1 Fcb 1, 1994. Urb8jJ. rate is S7.rn and rural rate is $4.09 fOr Zl,CXKJ parçeis.

Po8t-ir" Fax Nole
To
CaJDIøl
111 1664
S1 ATE OF CALIFORNIA - CALIFORNIA ENVIRONMEN, ~LPROTECTION AGENCY CALIFORNIA PETE WILSON Govemo. REGIONAL WATER QUALITY CONTROL BOARD COLORADO RIVER BASIN. REGION 7 73-720 FRED WARING DR., SUITE 100
PALM DESERT, CA 922<;0
Phone ( 619) 346-7491
FAX (GI9) 341-6620
0 ¿ , JÎ,J
APR 2 8 1994 r',! rf. 111& íE1l!
Bruce C. Daniels, City Manager
City of Coachella
1515 Sixth Street
Coachella, CA 92236
RE: Areawide Municipal Storm Water Program for the Coachella Valley This letter is to inform you that the City of Coachella is a storm water required to finance
Regulations, Part
pollution prevention program. Title 40 of the Code of Federal Pollutant
122, Section 26 ( 40 CPR 122.26) requires that a National Discharge Elimination System ( NPDES) Permit be obtained for of storm water in areas discharges letter dated March
designated by the Director of the NPDES Program. In a
14, 1991, the Regional Board's Executive Officer the Whitewater River Basin designated Region as an area subject to the requirements for municipal statutory separate storm sewer system permits.

There is no question that the storm water program is federally mandated and support funding is not available. However, this benefits for the
program does provide significant
Valleycitizens of Coachella and all the citizens of the Coachella Many citizens are unaware that storm water runoff is a water leading cause of quality impairment throughout the nation. This pollution program emphasizes prevention, a common sense and much more cost effective rather than approach, cleaning up polluted storm water. public Examples of such measures include education, regulatory powers ( e. g., ordinances). programs to detect illegal connections and discharges, and land use elimination of storm water
planning. all of which emphasize pollution at its source. problem,
Since all
a
municipalities contribute to the cumulative storm water pollution cooperative, coordinated approach to its essential. For management and control is this
the City of Coachella) ,
reason, the t2n cities in the Coachella Valley (including Flood Control and Water
along
Conservation
with the County of Riverside, Riverside County District, and Coachella District, have Valley Water formed together as a group to be regulated under a
Part I of the single permit.
application is
permit application was submitted on May 17, 1992, and Part 2 of the expected to be submitted on May 17, 1994. As a Part 2 requirement of the application, a fiscal
applicants will
analysis must be provided showing how the co- provide the operational and maintenance expenditures to accomplish the activities necessary CPR 122. d)( vi)). 26((
specified in the storm water management program ( 40
Most of the co-applicants of the permit have decided to finance their storm water properties
programs through
within
County Service Agreement 152 ( CSA 152), a tax assessment on the areas serviced by the agreement. It is our that Coachella has decided to understanding join CSA 152, but proposes not to assess a fee to 171 1665
Bruce C. Daniels, City Manager
City of Coachella

Page 2 ends

property owners within the City, thereby, generating no revenues to program. support the
Unless there is an alternative plan for
effectively financing, the City will be unable to implement its storm water program. This could violations of the eventually lead to Valley, which is
areawide municipal storm water permit for the Coachella expected to be adopted by the Regional Board in Violations of early 1995. this permit could lead to significant enforcement action Regional Board by the administrative
against the City including issuance of a Cease and Desist Order. imposition of civil monetary liability, or Attorney General for referral to the judicial assessment of up to $50,000 per day of violation, in addition to injunctive relief.

Please submit a
response to this letter by May 17, 1994, indicating the the City of Coachella intends to take to finance action(s) its storm water program.

If you have any questions or comments regarding this
Vincent Christian of letter, please contact the Regional Board staff at (619) 776-8933. r
VC/ci
cc: All co-applicants ( see attached list)
Elizabeth Jennings, OCC
Bruce Fujimoto, DWQ
Mike Cohen, CVAG
Jennifer Cohen, Woodward and Clyde
Gilbert Rangel, County of Riverside, Administrative Office File Ref: STIl MUN GC 1. 0
171.1666

SUBMITTAL TO THE BOARD OF SUPERVISORS

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
ITEM:19.1
(tD # 25313)
MEETING DATE:

Tuesday, July 09, 2024
FROM : OFFICE OF ECONOMIC DEVELOPMENT
SUBJECT: OFFICE OF ECONOMIC DEVELOPMENT: Public Hearing on the Adoption of Resolution No. 2024-117, County Service Area Charges for Fiscal Year 2024-2025. All Districts. [$0]

1. Conduct a Public Hearing to Allow Public Testimony Regarding Enactment of the Proposed County Service Area Charges for Fiscal Year 2024-2025, as Shown in Exhibit A of Resolution No.2024-117: and

2. At the Close of the Public Hearing, Adopt Resolution No. 2024-117, a Resolution of the Board of Supervisors of the County of Riverside Adopting Charges for Extended Services Provided in County Service Areas for Fiscal Year 2024-2025.

ACTION: Policy

MINUTES OF THE BOARD OF SUPERVISORS
On motion of Supervisor Gutierrez, seconded by Supervisor Jeffries and duly carried by unanimous vote, lT WAS ORDERED that the above matter is approved as recommended.

Ayes:

Nays:

Absent:

Date:
xc:

Jeffries, Spiegel, Washington, Perez and Gutierrez
None
None
July I, 2024
OED
Kimberly A. Rector
Clerk of the Board

Page 1 of 3 ends

By
Depu

19.1 RECOMMENDEO MOTION: That the Board of Supervisors:
1667

SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE,

STATE OF CALIFORNIA

FINANCIAL
DATA
Cu116nt Flscal Year: TotalCost: Ongolng Co3t
COST $0 $0 $0 $0
NET COUNTY COST $0 $0 $0 $o
SOURCE OF FUNDS: N/A
Budget Adjustment: N/A
For Fiscal Year 24125
C.E.O. RECOMMENDATION: Approve
BACKGROUND:

Summary
The State legislature enacted the County Service Area Law to provide broad statutory authority for county Boards of Supervisors to County Service Areas (CSA) as a method to finance and provide needed public facilities and services within unincorporated areas of the county.

Pursuant to Riverside County Ordinance No. 573 and Government Code section 25215 et seq., the proposed fiscal year 2024-2025 charges are attached as Exhibit A. County Service Areas provide municipal services to residential neighborhoods such as landscape maintenance, street lighting, street sweeping and road maintenance. The services each community receives are determined during the planning phase of new development, and the cost associated with providing those services are unique to each community. All new residential development is required to prepare an engineer's report that allows for annual adjustments by the greater of two percent or the cumulative percentage increase in the Consumer Price Index for all Urban Consumers (CP|-U), as applicable. Rising utility costs for electricity, water, and trash services as well as increases in labor costs require some CSA charges to increase to ensure the successful delivery of municipal services. Further, Riverside County Ordinance No. 573 Section 3 sets the parameters for the annual setting of charges for CSAS. A written report of (1) the extended services provided in the County by county service areas, and each county service area extending each such service, (2) each parcel of real property within each county service area, and which extended services each such parcel receives, and (3) the amount of charge to each such parcel for each extended service provided thereto. At the public hearing the Board of Supervisors shall hear and consider all objections and protests, if any, to the report. At the conclusion of the hearing, the Board of Supervisors may by resolution adopt, revise, change, reduce, or modify any charge and shall make a determination upon each charge as described in the report.
lmpact on Residents and Businesses
County Service Areas allow communities in unincorporated areas to pay for and receive specific municipal services. These services are unique to each community and offer a quality-of-life enhancement.

ATTACHMENT
E Resolution No. 2024-117
tr Exhibit A - Proposed County Service Areas Charges

Page 2 of 3 ends

1668

SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE,

STATE OF CALIFORNIA

Page 3 of 3 ends

1669
\-
I
2 J
4 5
6 7
8 9
l0
11 l2
l3
14 l5
16 L!
\n
(.d
TU
U) z
o=
o
E
z
e
oIL
=E.
z.
o
U)
-)LIJ z
a v
ul
z
I t7
18 l9
20 2t
22 l3
o>L@
25 26
27 28
oard of Su

A RESOLUTION OF THE BOARD OF SUPE VISORS OF THE COUNTY OF RIVERSIDE

ADOPTING CHARGES FOR EXTENDED SERVICES

PROVIDED IN COUNTY SERVICE AREAS
FOR THE FISCAL YEAR 2024-2025
WHEREAS, pursuant to California Government Code section 25215.4, the Board of Supervisors (the "Board") is permilted, by resolution or ordinance, to establish user fees, rates, or other charges that are not property-related and to collect said fees, rates, or charges for the services and facilities that the County Service Area ("CSA") provades; WHEREAS, Section 2 of ordinance No. 573 of the County of Riverside provides that all parcels of real property within the boundaries of a CSA shall be subject to a charge for each extended service provided in the service area, and that all such charges shall be computed on the basis ofbeneflt conrerred to each parcel, without regard to the assessed value ofsuch parcel; WHEREAS, Section 6 of Ordinance No. 573 ordains the Board of Supervisors, for every fiscal year, to determine the nature, extent and cost of the extended services to be provided by and within each County Service Area, in conjunction with the proceedings for adoption of the budget for the County;
WHEREAS, Section 6 of Ordinance No. 573 further provides that the rate of charge for each service shall be computed by dividing the net cost of each such service by the total number of parcels in the service area receiving lhe particular service; 07to9t2024 19.1
Countv of Riverside
RESOLUTTON NO. 2024-1 17
1670
1 2
3 4
5 6
7 8
9 10
l1
12 t3
t4
l5
l6
17 l8
t9
20 21
22 23
24 2s
26 28
WHEREAS, Ordinance No. 573 requires that the Board of Supervisors conduct a public hearing to hear and consider testimony regarding extended services and charges to be applied within County Service Areas within the County of Riverside; WHEREAS, any person affected by the proposed charges may submit written comments to the Clerk of the Board before the hearing or may appear in support of, or opposition to, the proposals at the time of the hearing; and
WHEREAS, a public hearing pursuant to Government Code Section 25215 et seq. was conducted by this Board of Supervisors on July 09, 2024, to determine the appropriate charges for the liscai year 2024-2025 shown on Exhibit ''A";
NOW, THEREFORE, BE lT RESOLVED, DETERMINED AND ORDERED by the Board of Supervisors of the County of Riverside, in regular session assembled on July 09, 2024, al 9:30 am or soon thereafler in the meeting room of the Board of Supervisors located on the 1st floor of the County Administrative Center, 4080 Lemon Street, Riverside, California, that the County Service Area charges as shown on Exhibit "A" attached hereto and incorporated herein by reference are adopted for fiscal year 2024-2025,
Chair of the Board of Su
Chuck Washington
ors
ATTEST:

Kimberly A. Rector
Clerk to the Board of Supervisors
By
Deputy
07t09t2024 19.1
1671
1 2
3 4
5 6
7 8
9 l0
ll
t2
l3
t4
l5
t6
t7
t8
l9
20 21
22 23
24 25
Board of Sunervisors
RESOLUTION NO. 2024.I I7
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COT]NTY OF RIVERSIDE

ADOPTING CHARGES FOR EXTENDED SERVICES

PROVIDED IN THE COUNTY SERVICE AREAS
FOR THE FISCAL YEAR 2024-2025
ROLL CALL:

The foregoing is certified to be a true copy of a resolution duly adopted by said Board of Supervisors on the date therein set forth.

By:
0710912024 t9.t
OUNTY OF RryERSID
KIMBERLY A. RECTOR. Clerk of said Board
Deputy
Ayes:

Nays:

Absent:

Jeffries, Washington, Spiegel, Perez, and Gutierez
None
None
1672

COUNTY SERVICE AREA CHARGES

EXHIBIT A
The report below reflects the extended services currently provided along with the assessment range from lowest to highest. The exact charge and extended services provided for a particular parcel may be obtained by calling the Office of Economic Development at 866.504.2067.

CSA# SERVICES PROVIDED PARCELS(1) FY 2024-2025(2)
1 Lighting 83 $12.28
13 Lighting 166 $9.36
22 Lighting 483 $1.76 to $45.95
27 Lighting 432 $20.66 to $79.80
36 Lighting, Park & Recreation 3,565 $35.00
43 Lighting 379 $13.20 to $91.64
*51 Lighting, Water, Sewer 169 $529.00 to $59,700.00
59 Lighting 70 $21.02
62 Lighting, Water, Sewer 331 $60.00
69 Lighting 3,214 $7.54 to $246.55
84 Lighting 2,360 $39.34 to $109.95
*85 Lighting, Park Maintenance 3,310 $20.00 to $338.58
87 Lighting 621 $32.32 to $88.84
89 Lighting 457 $51.70
91 Lighting 2,606 $51.24 to $79.39
94 Lighting 49 $6.04
*97 Lighting 1,054 $18.06 to $3,486.37
103 Lighting 11,919 $27.10 to $136.45
104 Roads 1,311 $65.00
105 Roads 395 $125.00
108 Roads 151 $85.00
113 Lighting 12 $55.00
115 Lighting and Road Maintenance 569 $34.35
117 Lighting 598 $12.17 to $225.72
*121 Lighting, Drainage Basin 4,900 $7.38 to $373.06
122 Lighting, Water 404 $110.00
124 Roads 547 $5.00
*126 Lighting, Landscaping, Park & Rec, Sheriff 3,246 $120.00 to $8,021.52 128E Roads 432 $75.00
128W Roads 113 $75.00
132 Lighting 3,199 $22.43 to $229.88
*134 Lighting, Landscaping, Park & Recreation 7,216 $28.86 to $1,707.81 135 Lighting 209 $6.52 to $68.08
142 Lighting 258 $31.50 to $111.31
*143 Lighting, Landscaping, Park & Recreation 3,971 $98.14 to $14,749.24 146 Street Lighting 33 $124.50
149 Roads 1,541 $200.00 to $292.98
*149A Landscaping 46 $3,352.21 to $4,176.49
*152 NPDES 73,005 $3.06 to $4,597.98
152 Drainage Basin 5,895 $42.75 to $839.76
152B Regional Sports Facilities 2,152 $250.00 to $996.16 152 NPDES City of Corona 39,610 $10.00 BAU
City of Desert Hot Springs 9,373 $10.00 BAU
City of Lake Elsinore 19,462 $13.88 BAU
City of La Quinta 22,323 $9.98 BAU
City of Moreno Valley 47,083 $8.14 BAU
City of Murrieta 32,677 $10.00 BAU
City of Norco 7,180 $10.00 BAU
City of Palm Springs 28,977 $9.50 BAU
City of Rancho Mirage 13,782 $4.68 BAU
City of Riverside 71,994 $10.00 BAU
City of San Jacinto 13,505 $10.00 BAU

1. The actual parcels / lots may change depending upon parcel splits / changes.

2. The exact charge for a particular parcel may be obtained upon request by calling the Office of Economic Development 866.504.2067. *These CSAs include residential, multi-family and commercial parcels 1673

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: September 24, 2024
SUBJECT: City of Banning Reinstatement i n County Service Area ("CSA") 152 - National Pollution Discharge Elimination System ("NPDES") Stormwater Assessment
RECOMMENDATION:

Discuss with and obtain City Council direction on reinstating the CSA 152 NPDES stormwater assessment originally approved in 1994.

BACKGROUND:

The National Pollutant Discharge Elimination System (NPDES) is a federally mandated program to control non-point sources of runoff pollution. The NPDES program is part of the Clean Water Act enacted by Congress in 1987. The California Regional Water Quality Control Board, Colorado River Basin, Region No. 7, in implementing the U.S. Environmental Protection Agency’s storm water National Pollutant Discharge Elimination System (NPDES) permit program, requires that the Districts and Incorporated Cities within the Whitewater River Basin obtain a joint permit to discharge storm water into the various storm channels and washes throughout the Whitewater River Watershed area. The Riverside County Flood Control and Water Conservation District (RCFC&WCD) and Riverside County are acting as the Lead Agency with the City of Banning being a co-permittee, along with the various other agencies and municipalities located within the Whitewater River Basin. This current Permit was adopted by the Regional Board on June 20, 2013, expired on June 19, 2018 and has been negotiated and worked on with the affected parties over the past six years. A new permit (2025 NPDES Permit) that has been negotiated with the Regional Board is in review. It is anticipated to be adopted by the end of FY 2024/25 and will take effect 90 days later.

The City of Banning is required, through Best Management Practices (BMPs), to implement practices within our community which reduce pollutants entering into the storm drain system to the maximum extent practicable. The major components of the existing and 2025 NPDES Permit to implement the BMPs include: project management, attendance at Desert Task Force meetings, record keeping and Annual Report preparation; illegal dumping and illicit connection detection, inspection, spill prevention and cleanup activities; commercial and industrial facilities inspections (about 60 per year) and the review of all City issued business licenses for SB 205 compliance; implementing land development and plan review procedures including plan check, preparing Conditions of Approval, reviewing erosion control plans and WQMPs and ensuring post construction self-inspections are performed annually by required businesses; enforcing and implementing construction activities requirements of City and private development projects including construction site inspections, review of developer’s BMPs, erosion control plans and SWPPPs (Stormwater Pollution Prevention Plans), and ensuring compliance with the Regional Board’s Construction General Permit requirements; maintaining City facilities, including the City 16741
Corporate and Water Yards and Fire Station, and storm drains and performing inspections and maintenance, removing trash and debris from the storm drain system, and from roads through street sweeping; and implementing public education and outreach programs by providing brochures to the public at City events and at the public counter, to businesses and contractors through inspections and storm water training of municipal staff.

The new 2025 NPDES Permit will cost more due to its new requirements. One way to generate revenue for the program would be to reinstate a “grandfathered” assessment from 1994, called the CSA 152 NPDES assessment. This stormwater assessment is currently collected by the County on behalf of a number of participating cities via property tax bills. The County administers and manages the CSA 152 program funds pursuant to CSA 152 Administrative Services Agreements with the participating cities.

The County last collected the assessment in the City in 1994 at a rate of $4.72/BAU/year. A BAU is a “benefit assessment unit” as defined by the County. If the assessment is resumed, an owner of a singlefamily home in the City would pay 1 BAU/year, amounting to $4.72/year. Since the rate was adopted in 1994 prior to the passage of Proposition 218, any increase in the rate would require a Proposition 218 Hearing and vote through an assessment balloting proceeding.

Recent Updates
Engineering Division staff met with the Riverside County Economic Development Office and the City Attorney’s Office several times over the past year to gather information and determine if the City or County had ever withdrawn from the CSA 152 Administrative Services Agreement with the County. After researching this, it appears neither the City nor County ever withdrew from the CSA 152 Agreement and, if the City Council would be inclined to do so, the City could have the County resume collecting the assessment starting in FY 25/26. In essence, the stormwater assessment is “grandfathered in” as an allowable assessment prior to Proposition 218 so long as the rate is not increased.

Additionally, there appears to be a reserve of about $46,000 collected by the County from 1994 that was not utilized for City stormwater expenses and thus is due to be reimbursed to the City, for qualified stormwater expenses. These funds could be used to pay a portion of the CSA 152 Assessment consultant or for other stormwater expenses.

Background on CSA 152 NPDES Assessment
LAFCO annexed the City of Banning into County Service Area 152 when the County of Riverside adopted Resolution No. 93-454 (Attachment 2) on December 21, 1993, at the City’s request, in order to have the County place an assessment on property owner’s tax bills to fund expenditures required by the NPDES Permit. On March 22, 1994, City Council Resolution No. 1994-028 (Attachment 3) was adopted to fund the City’s NPDES program, whereby the annual assessment rate for FY 94/95 for CSA 152 was set at $4.72 per Benefit Assessment Unit.

On September 27, 1994 the City Council adopted Resolution No. 1994-107, approving the Administrative Services Agreement for the CSA 152 Program between the City of Banning and Riverside County, shown as Attachment 4. The County had formed CSA 152 to finance portions of its programs and obligations associated with its Municipal NPDES Permit. The Agreement sets forth the responsibilities of 16752
the County and City with respect to the assessment. It provides for the City to annually approve a budget and report its activities in connection with its NPDES costs to the City. In addition, the City is responsible for updating parcel information for properties in the City. The County incorporates the City’s budget and the budgets of other participating cities into the County’s CSA 152 budget, holds an annual hearing, approves the assessments, and submits the assessments for collection on the Tax Roll. Both County and City Engineering Division staff performed research, and no records were found showing either party has ever withdrawn from this Agreement. Numerous other cities also joined CSA 152 to ensure funding of their NPDES program.

On July 11, 1995, by approving Resolution No. 1995-125 (Attachment 5), the City Council elected to use reserves (Option C) from the previous FY 94/95 instead of requiring that the property owners be assessed in FY 95/96. Therefore, the annual assessment was $0.00 per BAU for FY 95/96. It should be noted there was a surplus that first year because the NPDES program was just starting. Further research shows that no annual staff reports or resolutions were approved by City Council to allow for collection of the annual assessment in subsequent years.

Calculation of the CSA 152 Assessment
In late 1993, the County of Riverside annexed the City of Banning into its County Service Area 152. The City, acting through the County and CSA 152, is able to collect an assessment on individual parcels within the City that contain a structure. Each parcel is assigned a certain number of "benefit assessment units" or "BAUs." For instance, a single-family home, regardless of its size, is assigned one BAU, while commercial property is assigned 12 BAUs per acre. One BAU costs the property owner $4.72/year.

Vacant and undeveloped land is exempt, regardless of its land use code.

When CSA 152 was formed, the County determined the formula and methodology to use to calculate the number of BAUs for each type of property. The details and examples of calculations for various land uses are shown on Resolution No. 1994-028 (Attachment 3), starting on page 4 of 12, which is County Ordinance No. 573. A parcel’s land use was used to determine its runoff coefficient and BAU/acre (listed in the table), and the developed (assumed to be impervious) area in acres of the parcel is used to determine the number of BAUs and thus cost per year. If the CSA 152 stormwater assessment is proposed to resume, a municipal assessment consultant will be hired by the City to calculate the BAUs for each parcel to be placed on the Tax Roll.

No. of BAUs = (Developed Parcel Area) X 12 BAUs/Acre = 8 X 12 = 96 BAUs Therefore, the assessment would be: 96 BAUs X $4.72/BAU = $453.12 per year.

BENEFIT ASSUSSMENT
UNIT
(BAU's)
Group Land Use Coefficient Factor BAUs Per Acre
A Commercial
Industrial

0.8 12
16763
B
Apartments/Mobile
Homes,
Churches, Schools

0.6 9
C
Single Family
Residential*

0.4 6*
D
Poultry, Irrigated or
Cultivated
Crops, Vacant or
Undeveloped
0 0
E Golf Courses
Private Parks

0.0067 0.1
F
Parcels with
Miscellaneous
Structures

0.0033 0.05
*For simplicity, all single
family residential
properties, regardless of
size, have been assigned
1 BAU.

Schedule of Requirements to Reenact CSA 152
If the City Council would like to pursue reinstating the CSA 152 assessment, a public participation and community outreach phase would occur in October and November of 2024. The Public Information Officer would perform outreach and let the residents and property owners know of public meetings held with the Public Works Dept. to explain the CSA 152 assessment and its purpose with regards to providing funds for the NPDES Program. A Request for Proposals (RFP) would simultaneously be released during this time to hire a municipal special district financing consultant firm. This RFP would provide for preparing the required Assessment/Levy Report to determine the number of benefit assessment units (BAUs) for each property within the City, identify which parcels within the City are eligible to be assessed and prepare any required assessment documents. The City would need to provide the County with the list of Assessor Parcel Numbers (APNs) to place on the FY 25/26 Tax Roll by mid May of 2025.

Cities must provide any updates/additional parcels from new development annually to the County. The same consultant used to identify the appropriate parcels for the fiscal year 2025/2026 levy could manage this process for the City.

The CSA 152 Agreement with the County of Riverside is being updated by the County and will be released in late 2024. No significant changes are expected; their Administration Fee for managing the assessment funds for the cities will remain at 6% of the revenues collected. If the Council decides to proceed with resuming the CSA 152 assessment, it is anticipated that in January of 2025, this new CSA 152 Agreement will be executed by the City of Banning and the Assessment Services professional services contract will need to be awarded by the City Council in December of 2024. Following this schedule will ensure the CSA 152 assessment can be collected on the FY 2025/2026 Tax Roll.

JUSTIFICATION:

FISCAL IMPACT:

No direct impacts from this workshop item, but potential impacts are discussed below. 16774
CSA 152 provides a funding mechanism for the NPDES program. Eleven cities, including Palm Springs, Rancho Mirage, and Desert Hot Springs also joined CSA 152 to ensure funding of their NPDES program.

The County adopted Resolution No. 2024-117 on July 9, 2024, adopting charges for the County Service Areas, including CSA 152, for FY 24/25, shown as Attachment 6.

Since assessments have not been collected from properties in the City since 1994, the funding source for the NPDES program is now absorbed by City of Banning Public Works Department, Streets Division (Fund 100). The Streets Division assists with the implementation and Engineering Division staff manages the NPDES program in-house. Consultants are utilized for Water Quality Management Plan and Erosion Control Plan review (the developer pays these fees through plan check deposits) and for NPDES stormwater and industrial waste inspections. The NPDES program costs the City about $300,000 annually to manage the current NPDES Permit. Those costs are expected to be much higher (likely 35%) with the new permit given the new mandates. The municipal special district financing consultant will determine the estimated revenue to be collected from the assessment, a rough estimate of the revenues is between $75,000 and $110,000/year, which would substantially help with the NPDES program costs.

Stormwater program responsibilities are completed by about ten (10) Public Works Dept. staff members on a part-time and as-needed basis; there are no full-time staff assigned to the program.

ALTERNATIVES:

This workshop is providing information to the City Council and staff is seeking direction on whether to move forward with the next steps to reinstate the stormwater assessment for FY 25/26.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Attach 1 CSA 152 Assessment PowerPoint.pdf

2. Attach. 2 County Reso. No. 93-454, formation of CSA 152, 12.21.93.pdf

3. Attach. 3 CC Reso. No. 1994-028, approving initial CSA 152 rates, 3.22.94.pdf

4. Attach. 4, CC Reso. No. 1994-107, approving CSA 152 Agree..pdf

5. Attach. 5, CC Reso. No. 1995-125, asking Council to approve or cease CSA 152, 7.11.95.pdf

6. Attach. 6 County Reso. 2024-117, CSA adoption FY 2425, 7.9.24.pdf 16785
CSA 152 NPDES
Stormwater Assessment

1. Discuss and Obtain City Council Direction

2. Background of CSA 152

3. Calculation of Assessment

4. New 2025 Permit Requirements

5. Schedule/Next Steps

6. Questions
1 16796
•
A National Pollutant Discharge Elimination
System (NPDES) Permit regulates point and
nonpoint source discharges of pollutants into
Waters of theUnited States
• The FederalCleanWaterAct prohibits discharges of
pollutants from point and nonpoint sources unless
regulated by an NPDES Permit
• A joint NPDES Permit to discharge storm water into
the various storm channels and washes throughout
the Whitewater River Watershed area was issued by
the Colorado River Basin Regional Board No. 7
2 What is a NPDES
Permit
16807
Whitewater River
Region
• Two Principal Permittees – RCFC&WCD and
Riverside County
• Eleven Co-Permittees –Ten cities and the
Coachella Valley Water District
• Designated as a Phase I MS4 in 1991
• Under the fourth term permit since 2013
3 16818
Background of CSA 152
• On December 21, 1993, the County of Riverside adopted County Resolution No. 93-454, annexing the City of Banning to its County Service Area (CSA) 152 to fund a portion of its expenditures associated with the NPDES Permit by placing an assessment on property owners' tax bills. • On March 22,1994 the City Council approved Resolution No. 1994-028, setting the annual assessment rate for FY 1994/95 at $4.72 per Benefit Assessment Unit (BAU) and following the formula and methodology of County Ordinance No. 573 to determine the number of BAUs for each type of property • The City Council then approved the Administrative Services Agreement with the County for the CSA 152 Program on September 27, 1994, via Resolution No. 1994-107 • The following year, on July 11, 1995, the City Council approved Resolution No. 1995-125 and elected not to participate in CSA 152 and instead used the reserve funds from the previous FY to fund the NPDES Permit for FY 1995/96
4 16829
Background of CSA 152
5 • From both City and County research, no records have been found showing that either party has ever withdrawn from the Agreement and therefore the City can reinstate the CSA 152 Assessment for the upcoming FY 25/26 if City Council is inclined to do so
• Since the rate was adopted in 1994 prior to the passage of Proposition 218, any increase in the rate would require a Proposition 218 Hearing and vote through an assessment
balloting proceeding
168310
Calculation of Benefit
Assessment Unit (BAU)
6 • When CSA 152 was formed, the County determined the formula and methodology to use to calculate the number of BAUs for each type of property based on land use • Each parcel that contains a structure is assigned a number of Benefit Assessment Units (BAUs). Vacant and undeveloped land is exempt
• A single family home is charged 1 BAU, regardless of its size, amounting to a charge of $4.72/home/year • The City has an estimated 10,700 residential and 650 commercial accounts • A parcel’s land use was used to determine its runoff coefficient and BAU/acre (listed in the table on the next slide), and the developed (assumed to be impervious) area in acres of the parcel is used to determine the number of BAUs and thus cost to the property owner per year • If the CSA 152 stormwater assessment is proposed to resume, a municipal assessment consultant will be hired by the City to calculate the BAUs for each parcel to be placed on the Tax Roll 168411
Calculation of Benefit
Assessment Unit (BAU)
7 • As an example calculation, a Commercial/Industrial property (see below table, Group A, with 12 BAUs/Acre) that is a 10.0 acre commercial/industrial parcel, with a developed area of 8.0 acres, with a City of Banning BAU rate of $4.72 per year:
• No. of BAUs = (Developed ParcelArea) X 12 BAUs/Acre = 8 X 12 = 96 BAUs • Therefore, the assessment would be: 96 BAUs X $4.72/BAU = $453.12 per year. 168512
Other Participating Cities and
Collected Revenues
8 • Below is a list of revenue collected by some cities within CSA 152 for Tax Year 2024. Desert Hot Springs charges $10.00/BAU with 9,477 parcels and Rancho Mirage $4.68/BAU and 13,814 parcels 168613
Benefits of Reinstating the CSA
152 Annual Assessment
9 • CSA 152 provides a funding mechanism for the NPDES program. Eleven cities joined CSA 152 to ensure revenue is collected to fund a portion of their NPDES Program • Since assessments have not been collected from properties in the City since 1994, the funding source for the NPDES program is now absorbed by City of Banning Streets Department (Fund 100). • The NPDES program costs the City about $300,000 annually to manage the current NPDES Permit.

Those costs are expected to be much higher with the new permit given the new requirements and will keep rising over time
• The municipal special district financing consultant will determine the estimated revenue to be collected from the assessment, and a rough estimate would be between $75,000 and $110,000/year, which would substantially help with the NPDES program costs 168714
New Provisions in the 2025
NPDES Permit
10 The following new provisions will be incorporated into the 2025 NPDES Permit:

1. Asset Management

2. Fiscal Cost Analysis/ Cost Reporting

3. Urban Pesticides

4. Trash Amendment/Management

5. New Construction General Permit

6. Continued SB 205 Compliance re: Business Licenses
The WWR Stormwater Management Plan is the implementation document and it will be updated to incorporate these provisions and continuing provisions within 12 months of the effective date of the Permit. 168815
• Permittees will develop an Asset Management Program:
• Asset Inventory
• Asset Management Plan
Asset Management
168916
12 Due twelve months following the effective date of the Permit Maintain a database consisting of:
• Municipal Facilities
• Municipal Storm Sewer Infrastructure (storm drains, basins, inlets, channels, outfalls) • Full Capture Systems (FCS), trash capture devices
The Asset Inventory will require the following information:
• Name or ID of the facility
• Address or Coordinates
• Inspection frequency based on prioritization
• Last inspection date
• For trash control devices, whether the device is a certified FCS Asset Inventory
169017
Complete 24 months following the effective date of the Permit The Asset Management Plan shall contain the following:
• SOPs for routine maintenance of MS4 facilities, including visual monitoring, removal of trash and debris, reducing the discharge of contaminants during routine cleanouts, and proper disposal of waste
• MS4 facility prioritization – establish the frequency at which each facility/asset is maintained and establish procedures for reprioritization
• How to identify facilities/assets that require maintenance/repair • Establish a schedule when facilities are expected to be rehabilitated/replaced or when new facilities are established 13 Asset Management Plan
169118
• Under the 2013 Permit, Permittees were not required to report on the costs of stormwater program implementation • Under the 2024 Permit, Permittees will be required to report total stormwater program budgets for the preceding,
current, and future fiscal years, and a description of the sources of funding
• Contingencies for asset failure or repair
• If the SWRCB adopts a new Order for Cost Reporting,
extensive tracking of NPDES Permit costs including staff time, equipment and materials, amounting to about 100
categories, would be required
• Monthly reporting on storm water costs including street sweeping and storm drain cleaning and corresponding debris removed from the street, storm drains and catch basins
would have to be measured
14 ~100
cost
categories
Fiscal Cost Analysis
169219
• Each Permittee will develop and
implement policies, procedures, and
ordinances to reduce the use of pesticides
and fertilizers
• Each Permittee will develop an Integrated
Pest Management (IPM) Plan within 18
months of the effective date of the
Permit.
15 Urban Pesticides
169320
Preventative Measures
• Only use pesticides/fertilizers when needed
• Use least-toxic alternatives
• Prohibit banned/unregistered products
Proper Application
• Do not use during rain, and establish a routine application schedule Proper Storage and Disposal
• Store indoors within secondary containment
• List procedures to dispose of pesticides
• Keep manifests as a “chain of custody”
Applicator Management
• Ensure Permittee staff are trained to apply pesticides • Pesticides application must be overseen by a certified pesticide applicator • Contractors must implement Permittee’s IPM at municipal facilities/operations Education and Outreach
16 Integrated Pest Management Plan
169421
Trash larger than a diameter of 5 mm must be captured and removed from Priority Land Uses (PLUs) or designated land uses include:
• High Density Residential
• Industrial
• Commercial
• Mixed Urban
• Public Transportation Stations
Interim Compliance Deadline: 50% trash capture devices installed in about 40 City catch basins by 2028
Requires full trash capture from PLUs by December 2, 2030 Annual Reporting
• Update Jurisdictional Map to show installed devices
• Total area, debris removed & percentage area served by device Trash Amendment/Management
169522
• New Permit became effective September 1, 2023
• The WDID number must be posted at the site
• Public construction projects now require QSD
and QSP involvement
• WQMPs and post construction maintenance plans
to be uploaded to SMARTS, allowing for public viewing
• Reissuance Training for QSDs and QSP.

New Construction General
Permit
169623
19 Effective January 1, 2020
Codified under California Business and Professions Code, Section 16000.3 and California Water Code 13383.10
Requires Cities and Counties that have a business license program to:
• Update business license permit applications to provide SIC codes and WDIDs, NEC identification numbers, or NONA numbers
• Identify whether the business license applicant’s provided SIC codes require IGP coverage (see IGP Attachment A)
• Enforce SB 205 provisions, which may include withholding/suspending business licenses for facilities that require IGP coverage and do not have a WDID Senate Bill 205
169724
• The IGP, adopted in 2014, and amended in 2015 and 2018, regulates industrial stormwater discharges and non-stormwater discharges from industrial facilities • Industrial sites can contribute pollutants such as Nutrients (Nitrate, Nitrite,Ammonia) and Heavy Metals (Copper, Lead, Zinc) to receiving waters
• AttachmentA of the IGP identifies 9 categories of facilities requiring coverage under the IGP.

Those businesses are identified by their SIC Codes
20 Industrial General Permit (IGP)
169825
21 September 24, 2024
CSA 152 Workshop
Discuss the
reinstatement of
CSA 152 and obtain
City Council
direction
Public Outreach in
October and
November, 2024
Provide outreach to
residents with PIO’s
assistance and hold
meetings to explain
CSA 152 and its
purpose
September -
November, 2024
Release RFP for
Assessment
Services, solicit and
select a consultant
December 12, 2024
Provide feedback on
community outreach
and award
Assessment Services
Contract to a
consultant
January, 2025
City Council
approves the new
CSA 152 Agreement
with the County
Proposed Schedule and Next Steps
April, 2025
Consultant completes the
final Assessment/ Levy
Report for Engineering staff
to review
March, 2025
City Council approves the
BAU levy and the City’s CSA
152 budget for FY 25/26
and submits the Resolution
to the County
May, 2025
Engineering staff submits
the Assessment/Levy
Report for the FY 25/26 Tax
Roll to the County
June –August, 2025
The County prepares their
staff report and budget and
submits the FY 25/26 CSA
152 assessments to the
County Assessor’s Office
169926
Questions?
Contact Information
Nate Smith, P.E. Deputy Director of
Public Works/ City Engineer
[email protected]
170027
170128
170229
170330
RE.80LUT10B OF THE CITY COONCIL 07 ~HE CITY 07 BANWIBG
BBTT:IlfQ B..I..TEA POll. iC:OUJfT'i 8 ERVI:C B Alt n 1 !ii :2 • TO l"UMD CITY~s NATlQl(AL POLLUTAN1' DISCHARGE ELIMIBJ,.TIOK BYSTEII (lfPDl:8> PROOUX
WHER.EM 1 th~ coun~y of Riv~rside, by it~ Re~olution No. 9]-4~4 adopted December Z l r 151 '9 J I a:n11e'.li.'.1Bd the City of Ela nn iri,g to its county service Ar~a (CSA) 152 8t the City'a r~qoest to meet the Environme~t~l PrD~ectian Agency 1 s requirement to obtain opQrating perm.its for discharges .fram storm drain. ,e;;ye-tems and to pay tor anticipat~d p~oje~~ costs that place~ an a~5ess=ent on prop~rty own~rs' t~x bills ~o fund expenditures required by tho permit, and WBBR:D.B 1 City ~t~ff has estimat~d th~ storrowater management pl"'cgra11:1 .l"'@:qui:r-~111.@ints will cost the City approx il"Clately $53 t 60-0 annually; and
WHD!U , a II Be:n e.t it Ass ess:me-n t Unit 11 i :s defined in. the River a i cle Co\lnty F 1 ood Control and w a te:r c-ons-erv at 1 on Di :s:t.r i ct Ma~ua1 1 ~he por~ion of ~hich defining Benefit ~sse~~nent ~nit is attach~d as ~li.hibit l an.d by this refeTence ~~de a part hereof; and WBER.D.B, this City council has determin.ect, based on ~taff's calculations, that &nnual ~ssessments are anticipated to be $4T7~ per Benefit Asssssment Unit.

PA.8 S.J::C I APDOVED, AN:O ADOP'l"!D
th:.~ -~itlj d"J of KDr:,t.
~~~~1-L=---
r lifornia
170431
~TTEST:
"&~ - .~._J)~~½~
L~cille M. Eli~ondo '
City Clerk of the City Of
Banning. California
APPROVED AS TO FO.RN!
.AND L CONTENT
Joh/ . Wil~on, Esq.
city 11.ttorney

NOES:

ABSENT:

ABSTAIN:

Counc~Tmambe~~ AnQ~rson, Lewis~ Wi1li~~s~ Mayfrr Reyno1ds Co :m c: i T rnernbe r- Sm1 th Non"='
None
-2-
~ _J;~ 1-"'k..& /4uclfu M. Eli~ondo
• City Cle-rk. 1 City ot Banning
California
170532
1 • • • • I • • J . J1 I" 11 • I • I • •• "." li'-"I' ." I Q:llP1NIIGI ~o. ~71, alJ"J'IDBiiJ ?OR cs.a.~
"!'he purpa EH! t, i t. hi !.l: i:..::irdi nane• is to ~i III t.ati 1.i ~ h .::i. '!,:Ix ~"!Jaure r. Dr "t ne I evy ,1nd collection ~t cn~r-g@a tor e~tenaeci gOV€1rll.mentai ~ervic~ p~ovidcd in : ~• ~ 11 n t. y ! 1-,'!ZV i..,c: e areas . undl!! r t hj! au 1: r.o.r it y o.t t: he County s el.."'V"ice I..r,e.a wv ~s 3et !or~~ in Gove~n!ll8nt ~ooe 5ecti0n l~J10+l et. seq. T~ chargee e~tablisbed hP.~under Hhall be l~v;~d ta p~y in wnoJ~ er part. the coBt ~f ~.1:i:-V'iding- a;uct c.ct.eqded. gi:iv.rnm&trt~l i;i:.::.cv ie-it~.

B_~H'U l'l" M:P:!H HN52T UHl~ .. (DAV) D!CrnPPWIP AllD NK'l'!lopm.oor •~·he .i;:i o, i!!' l!l :sJ11an t c: cm.pu.tation Ii:lli;!!'t.,h.Qd.olo~ 'i cidopted. f :;::t" ":.:!:l,i a CS.A i• t ha BALI :.i..t h.O<i .J.-ve l tlpea by ~l.! ve~~ id• ..;ou.n.t y F 1 uud C-on. 't. r cl n lr; t. t:-ict r Thi~ IC.E!lt~oo spr~ads th~ total asees~t to pan:::e1s witQin tho bmt@~~t ,i,l,:i,.1111 ~!!'JI !!il:m.en.,:. ..u-e-a in propo.IT..i,.on to eaii:h p;;&-" ~•d ' ~ rune f f • RQ.11.Q ff iEli Lill!:tormi.1110:d by tir:et .lcnowinq a. pare~l • s ::Ji:e in -1::11ereg it.s .pre:i;unt lia.nd ;,,ia e ( blC ident i al - Cc.,ai11111~l (.:! i ;1 l ~ l nd.u :!lt:r i:a.1 1 c..::tc- + J "'n.d t~-&n aas-i~Riag a runoff fM,1;t,;;1,- t. u i t..m. g ll:~ra.i l :iind U•• c • t,i;;iqq ry ~ Rt1noi f f &c-tora ara ~~ti.ma.tea of h~ mu.~h ~alnfnll ~Mn~ ~ff~ pa..rcEi ln ~map~riaon to ~he ,:),-=:i;:iur.t of t:a.1.nfall that .±a.11 on a pa.rc:&l. ln other -..rord., tho :r:-unci:ff f .1eti::i-r i.1. ~ lili'ay of -P.xpre !!'JI~ inq th• t:e l Iii ii.. .i vt~ Ll~ ree of .i.uiyy,:, Y loiu enc & s o:f pl! rc-1! 1:s with dif rerc-nt l:1.nd UH-ii r Pav~ aM i.mprO"t.Nii!d pa.re-el• h.av. r~~off factors closer to 1~0 (wha~~ l~O qquala 100, runc±f) than d~ u n p.!!ved or unimproved parce.l;!!!' . R.mic ing the la.rge ntl:ftlbitr of l and n 5-e'!I in l l,11'.1 C-a uQty to :s iJ:; gi,r..e.ral G"at.er;JQri "" f a-r:: e Elitima:tin.g nanoff under th:e 1-,nefit aaBeae.ant pn;icl!du~ pxO"l"'id~• ford Il'lllna~ai5ble Gild rtH11aonable cga:;ip~t~LiQQ :in,sthoor
r\,~ ~he National Pollut..tJ,..nt Dlsehtu;q~ Klimination Sy~te~ !NPDES} P~QlgL.f:llil ~ddition~l t~~o~ hav~ h@~n br::0nght in to ~he a.n.aiyai5 wnich cona.ider ,:.;. hit, t. ype o:f a.ct i v.i ty oc. t h.&t .laud u•~ . 'fhi s ti,.roqrillR ,i,. ;c11quirlltd by .Fic-d.eral Riegull!I t; i1:m t c- f C>C"ns i t11 attention on urbi!ID.i :t:l!!d i!lrei!I& or d~v~lerpmeirtto a:n:d. to ~~eluck! ~~ic~ltu~Al propertiea. T~e;t"f;!!fQ6e &g:s; i cul tu.ca 1 .inid. ,,, .w.on t. und~Vflllr:-pt!lld. proi:iertie:e hl!IVC: been cc.,mpl a.tit! l:, -:-:: :.e.Dp-t ed f ;r;Qm a e: 1J@1l!!u!lments @'lr'E!! r:: ~hou,gh t: hey obv i O'll.l!lil y ;nay ll,l!!lvr;!I sUDl!!II !lll'lount of cupcff_
Tha CC>.m£lutation ◊f th~ aa•••aat11~~ f~r a.ny parc6l i~ b~od on the nu:aibe~ e,f BAIJ18: .a. ■ 1i:iqn ad. to that pan:-el. A .sic.(] le-f ami.l y re:aidant i.ll.l :pari=:cl. of 7,ioo ~qua.rB re&t (1/6 acre) in si~e Yith a runoff f~cto~ ot ~.40 vaa s~le~tlll!PQ. ~~ tha starui.ar~ BAU. Th• naJU:1111tr uf BAUe for a~y oth.ec parcel ca11 hft ....--:ampll teci by :r.e lat. i.ngi it 11, s.i..%:11- ..!IL.mi 1.l!lind: u 51,e 'CD tha .BAU as of;lg i.c: r .1 bed under the headin,g ~ C"a!IIJ!lnta.t: ion of TJni ts I:~ E:ill.C'h [' ill'Clllll'" ~ Aljla.i.11, t..11.11- p~i;i:n;:iipl• i.a.volvwd. L• :i-r,l~ti:aq 1111 t.oaii ruag:f f to t.M- aPQ11at. of .i.ape~i.ou:1111 ~• p~••11t. ( aic:t.~l 4...,...,1,oped aoniiA?) a J.
170633
I, • I" i.u • I_I . • II I . I . : ..:....,._. ..... _._.

The ~....bl~ Lo~ow Gr.owD ~he~,;...~ ~~~8~Qcico ~c l~ng u~c~ G.:lQ~~ ~~~~c~iv~ =unoff =actor~ at'lri the ~AU pex uc.u-.

0.:80
r,_ ~o
! o~ 40
0-rOU
o~oo,n
0,003.:)
CL - Commercial Hui~d..i.:nqs on ieaEietl 1.a...c.a.

MP - Nobila Hone on lsa6Rd. 1~.:t.

PR - R..aeidantul on a~ricult~ra.1. pr~~e.rv~
Rl - Sin~ie-~a.m.i1y R~sid•ntial
R2 - RaB~dential t2 or 3 un~~c~
~c ~ CQndomJ.n.i.um.a w~eh priv4la ~nL.c:y
RD - Cond.csi.nLums with common ant.r:i. 9
RI - SingJ.e-,t-"mn.i.1 y .Ne !Ii ~:nt: i a 1
rut - :nd.i vi du.al. l y ,ownoo mub.i 1 liill h0att lot. [-rn - S i n9 l II;!'-!'"t\lllil y .t-i:e~~~t: ia 1
RX - Rxc:::eptiDnal ~~~ident~al
GROUP R - GOLP COURU,. PRIVATE PUKB
Liana U~~ ~Qde~~ C5 - CelM!t~~~~~ {B~cludiu~ nQR-p~0fit) GC - Go 1 f -.~-aura~
GR.OUP ,- - PAaCBLS ,r1n xracrnn:ooa s~
Lat1.d. U:!!!f!I Code:!! :: AS - 1lacl!l.nt with .m.i:l!!I ce llan•cn.1:m: !iitrnctar e Y'S - l.4I.1.-c! with ;,d• i;-..-11 aneott u tit :c-u:t=tl.l.:c-c i;-n 1 y i::XAl!rpi e::s :i: old f 0'Llndat i-01111 , p(mp hou:1e :s or :!; hoed iii; 1Tot. .i.o ue-o170734
..• ,. . • •. I ' I •• · .. I •• I • I - •=...:....:.I • .

N~r o t Uni t.5 - ( A,r, e:~ o1 P&rC@l__ln ~.r•I t x £ R\,LQOf f F-Gc_:t:_or; l ()n fl t~a:1111 .1.c .A s:s:&& &lllE!n 1:. uni. t
~Q-.;;i;p A ;I: (;~r-cial ~ l~uatri al.

Rn.no££ ra~l.Qr - ~.ijO
nAU!ill • ( Area of Pa.:ccial O~"'l¢p,Qd I x 12 DAU/ Aere Orou.p B :i: ~111t-'1 t Nal::il.9 ._, Pa.riu., Cb.urc,.li,e11-, 8Cll:COJ..a kunof t :t:a:ctor - -0. lliQ
JlA.Us • ( A.r"!td of Parce,L Deve iop:i:,,i l X '1 BAU/ A.c:::re O.raup C ~ Sii:Lgi.e-Pa..i ly H-iii!I-Ual
.Runoff FiltC'tDr ~ 0.40
.B.A~e • (.11 Al':l.re•i X ~ BAU/Mte
.POul~.E"]', 1rrigat.d cropa. ::-altivatlliHil ~o~•, aairie•, L.iv•at~ ~!i1Vd.im9 rll'da. V.a.c:am~ und•••loped
iHH:i!".11 t Fa.e"t.or = 0. {10
BAOa = {1.00
G.vu:; IS.: CklJ.f Cou..r8-a ■ , :P:riY•t• Pan:1
RunQff Eactl).r • OrOg67
BAU& = (Are.a. of .r.a:rc:1111 DBVsl u.p,ad l X CJ . IO RAU/ Ac r 1111 i:.1:s,;11,1.p f': Pa.re• ls w.i. t:lb. m.i:acaila:DeOU• •truct111 ~• R~~ciff Fa~t0r • o~~Oll
rum~ • ( Ar~a. of Paree l o~ 2..cp~ l x □ _ O:'!i R.Jl,tl / Aer@ T"
170835
• ._ I-_._ ,1 _. _L,. r • I 1 I 1-.".J •. I 11 1 I I . I .U:... !QlU:1.11 9t' :CXfICJLL ~B.Mlll'S
A.35L,Jtu:::; i\ l ,o • 0 .acre ~-oaatll re i al Ii nd.L.l.~ t: t: i al pa.r"1 el ...-.1th A. d~'WI toped a.t:cu, of ~ . o ~e~e:s wh i.:::h l:a:s: a 8AU rat.• o t. S 4 • O C p,r 'Y'C i::tr:
?-.'o 4 of :BA'Us ... ~ Oev'l!-J.op@d Fa.:r.ii;:1:11 Area) X 1. i .aA "D / .:\crll!' • a X 1~ = ~6 ilAOS
~berefor~, th• ~&ae~sma~t ~Qa1Q li,w!;
ASSUM!:
96 BA.U~ i S4,00/-SAU - $lS~~aO pe+ vea~
Pu-Jes (Qz-Qup ►
A iOa~ acre l'llOhiie home park witn a d~va~oped 4:rca 0£ a.o acros ~bi~b haa a BAU rat~ Qf $4aO0 '.EJ'B.r ye~~
Ho. ~f BAU~= <De~•lcpod. P~t:t.:e1 Are~) X j BAU/Ac;::re z S.O ~, ~ ?2 BAU& T.a,erefore, ~ho •s~sae~r.~ ~~~ld b~~
72 HA.Us~ ,~~/SAU = S2B8.GO Ptlr Yfta~
l ~ RtliOutial { G~p C!,
ASSOMK:= A 10,~ 4Clre ~inqle-fam..ily ~•aidential paTcAl u Vhi..c:h MB 4 MU ratt! of S4~u0 per ~a~~
tio • ci f .BAU-u - C o . 1 ·, iu::r,ii,• , X 6 UAU / Ac r:t':. • 0 . 1 "l ,:: 6- -:: 1 RAU
·i·ti.eret ore.. the as:1.-• ~t 'liicold b•::
1 DAU X S4.0O/BAU ~ S4.0C per year
4, f:W~ltry. Irrigatlfd C~cpt. Cµltiyated Crop•, n•lu••~ :t.iu•ts,c.k. Vacant. Up4ftl:1:1Pnsl ( Group D-)
ASSmnt;: A 1 a • Cl ll!it:re P D1J 1 t.::r;y parc!al wb ic:b ::..iii.A :-.■ rei:!r:iaasndad iY.,U c,. t.o of $4.00 per yeor4
~o , o.f BA.Os = ( .oevel0pea Pa;s;c...,l lU"oa l .x. o ~u / Ac.re ~ lD.O XO - 0 RAU&
?hereforer the aese~~aent would be:
0 UAU X St,00/:6.AU: $0.00 per year
170936
I • I ._ . ,• •J I I . .. I • I I .. - .... I I r1 I I I . ._IL. s ~ col :f :C:PiUf:!l k ;:ariyata i"ar.k.111_ c t;L"Ou.p £) ~ lOrO a~r~ G,:.,lf CQU~~~ or ~rtvate ~ar~ W~th ~ dev~lopeci c1.rei!II CJ ~ u . u .c1:c.;: • I..! a-: ..., i'1: ~ c.b hal!I a .rec-i::amend~d IlAJl .-a t.e a:f ~ 4 . 0 G par y~a.r:;:
~o + ·-..J f BAUi; = ~ Devl!l loP1!"ri ~~ roe l At'ea } x. u L l ll B.n.ll / kra = 840 X 0.10 = 0.80 n.AU~
'L'her.,f r;;i,.411 , t b.e o:1.s s.e:s:smeo t. 111~ld b1t:
oLa~ BAUs X $4.Cg/MU - Sl~20 pee year
A 1a.o a.o~~ p,iicecl witb 8.o MreB of old lV'Und~tiona, or pump h¢1l11•• n.gt ooaupit1d t')r bain~ u•11:id whi&h he.:11 ,1, .-~nde-d. BAU rat~ of S!~nO ~£ year,
Ne • of .BA.Us • { nev•J.opaa. P-a..rot!!!l A.rlNI ) i:: Ct + 0 S IiALF / AQ~e - 8.0 X Or05 ~ -40 BAU~
Tl-.erefore 1 ~he Q~~u~3~cnt -wcald t:J,,e:

O ~ 4 0 BJ\Ua x $ ii • co/ RAU 1111 $- l. t:i O p~:i- yftar Th~ KMBBwument 3ystem. is de•igne-d. to id~ntify ~n.d. ec:apute a.a••-~~ u:n. '"'~PICI.L'" propert .i.Q!I c lo&e ly meeting t. bo:s~ l~d ~ ee d••er iption• . How r tha BJ!lltam i• flexible ~~o~g~ t.o acc~mm.adate ~it~tia~~ w.tu.ch rlo n~~ m&et the a~erage or typical JAlild ~8~ wi~hi..:i the a cateqo.z:ie!jl:, In thas• inatl!!lOC~5 ~z:IC':lnlo.- RULSS-~ have~~ eat&blisn•d to ~rO?"ide .a c::1C:rn;; i &tlB.,l;lt. ~t; hDd lu , 1\1'~ 1:iia t• t hDli!ia pr(lperti 1..u11 .. 1 . RV P&t' ks havinq i~~ s~n.1 l uccu~t i.on 'lifi 11 ~ve- l!I. !i 0% reduct.ion rate. appJind. to tn~ ~alcuJ.ated as,oc*:ruiin~
2 r .E1fen t:t.tough .1g r ie~l t:u.ra l p.!1.rca J :g: r11:r@o 1111D!!impt ~ ;t1.in'S le-ta.ail y rC'Gi1.fou t.la1 un.i t on • .,,n agrt.eul t ur~..L pa.rc!r3l i e: ;;iot examp't ~nci. will b11;11 aeaeBBed at t~o normal ~ingl~-faaily ~eaident~al ~•l~ulation .3 ~ JU::. va.c:an t /undavl!:! loped l .1utd i !!'I ~.xe:mpt: regard,l••• ot t.h.a .land use e¢d.• 4 • All. ai,g~ ic u l .._:i.:i:.1. a.1. pa.:t"tie.1.a. .llQ ~t., packing IEi.n@d:ll O:t' sto:t"agit1 bu.ildi~q_. ti.•fil in c:ot1jUnQt.i.on witli th111 oit"w'ricultural dc::'t:i.v:i.t.y :a.~ ~x,amp,t
S • I :Qdian Fedora.l 1il!nd G .-..n.d Bt.u:·e-atJ a f Land Mana~BIQIIJD-t land~ a.z::111 ozampt., bmiiavei; I~ l.i.nd• l ll;!!l!l•~ t:o non-I .ad.ian azi.ti t.Lu; wi lb. a t.rnc t.iires ar11 not ex-ampt
171037
.-••." I . . " 1 '-1 . I • ,1,._. ,. ". 1 I 1• 1 •.·.· 1··1•"-l_i LL " 0 I • 11-I •• ,,
MLQCJU:UJU rstl -r.?PICAL CM 1~; 81-JY!:Hln' ort
= a~ ~roµi.;: r r.:. y civnl!"!r:,. ~h~ f oe.l 1. hat tha i r par~ol doe-s not .m.~~ ~- t.h~ 'tTJ;il..i.ca 1 si t1;1.a. t ion I a t:iy Bt~ f 0-r iP:v-a.i 11a. tion h~,i; Le-en -ll:as ta.bl i e:hea ~ l f:t i ng t.h• J. ollowlng Sample f'"o;r;:m to t."l!!!'-P.Va lua t:411 -' pr-op.tty CJlr{D'llr I B CSl,i,

15.2 i:J.IJ 15-eB eimen t , City i:. taf :t :1b00.ld t1 [email protected] if tba ~ •h•:am111nt i • i:ncor t c:::i;,; l by ..c•v l.Erwi..ciq afl!lri6l ?,nct-o s or hy field. fa::i.~pec-t..i.cm l.f neeefl:••ryT
'l'h• irtVi!II l 1.1ation f-OPII i.::: ou ld ~ p:r°"igad to th. §J.1 os:rt:1.rcy owner by tM.i.l or inada availahla at tne ~Q~n~ar. 'l'he ~op h-lf Qt tu f~~m (Prope:tty Int~tioPI ean bo complated by ~h• ~ropcrr.y mmer ~ftd! mailed b&c.k to statf o~ ~~fo:r:zatiQn ~an be gatti~red hy ~~aff ove~ the t&lBIJhoo•~ ~h~ Mt'.tt'.lm half ot: th-I! far.11111 i!il: fcir -at•ff use to Tec:or,;f tht: infDaJ6t.ion a.bout t.h.e propi,r:t:y gAth,a:reri du.ring th-1!11 eva.l -u:,1 t ior. whi~ ia n8G!e:s~ tQ d-eterm:i ne j f "' c or roic-c &d aaBBBl!llaiietn.t i m: ne,c c-21sary. '0\l••tio.aa ratJU"d.i.a.gl th.41 .r-e-eyaJ.u.at.J.ara ~roeed11:11ra DaJ' .ba ofii~e,i t:.1;1 a .:r1:11d.7 flat t.•r lCIIIHi
( H9) 21 !w-llitNJI
:Spae.:lal Pt"Ogztalb il!llik:f: .4.oa
-.1 ni:t-aJ.de ca..-ty l:"nm:lllpori.a:t.i~il Dapa..rtmi11:1. t Coapl•tClld (o;raa a~uuld htll ~ltad to:
fU......-•id• CC)lm.ty h-aa•P9-1'1:,atioa O.p&~t
1695 S)race S~N•t
R:!. va-.ra:.ii:ie , ca 9':Z!iio7
•~~~t J-1lcl~ wa~t•rl~IUI
171138
. .... I • 1° I . ., . • • I .1·• "-· L .... I • ._ ' • • ,:sa 1s:2
ASS~SSM..IQr.r :8.E-EVALUATlON
.A.5S~5SOR PARC~L NO•----~----
FOB s:w:::, YU OllJ,J
.. .. ..:....:.u ...... _.

QUXSl'IOllS R.KCAR.D:nfG 'I .B!.S ASSESSMf!N'I' 1 l"'lrBASE C0Ni'I'1'.C'l' ::

I
171239
" I I • • .J - .. . , ,, I ~:. .:.li.J'"4 J . J I • • J. i'B:OCIIS!IlfG g,a .15,2 :.asumonn RB-rmw,:nOlfd :nqt'!I ::io_ "cltOnRn ;u STNIIBIS,fiT5 BS.Jll'G HJUJ.,lm { Batara sapt~r, :t.} l:'l!Cl-~v,lua.tion t~ :.ib.oii.l.!J Lrc~ 1·.ub.nittc-d to tho 5pecial Frcql.uae 5oation uf the- ~r,;,1,.mty 'I'ran.sportatior;i L)e~'.lliJt:"t..l'ICnt". p: i .. n · Lu p.ro~ct._y l.1x: :1:Jtatenents tioei n~ m.111 i I nd ( priei= t.D S Rpt.111.11.bt!!r l c.:t .l iv~""'r.:y year) • l'bol!!!I ~pproved corrt:JC t.l.on~ to the as ll'i S lilN.n"tt wU l o~ upd.a t~ to ~h~ ~omptlt• r data .ba•e a1!!1!!1,1!!!SBlourn~ nile& prior t-:i ~•n.•r11tii,n t:>! ;:cc!pe~tv to:1.X statesl4'Ma. Tb.•r. i.!3 na :=.hargra fc-r corr.etiecu: irtade ~rior to ,:.!,:,11..a.-eri~e e,t prop~rty tn statsmsnt:s.

Mthod 1:

Mlt.b.ad 2:
1 f i:. he pfi>iia.i: t . .Y r. au:a& wBCe pa.id in ".: b.11:ir e:nt.i rot. y c1io UIII!!! .r ;u::, t. inet-a.1.1..meTit and ~hn di~fercnco bstve~n the actual ~nK~n~~~ ~mi the .recollllll.8:nded corrected -ul!lal!!l1n!lllllE!nt (!XC'eed.s S 10. DO th,~ J\1.tdit.cr Control .... tll itJIIIUI'! 111 r""lt:Uf'ld ~hec-)l to the p:COpi!!rty owner. This :Ql,lil,l' t.ak• &nywil•~- [~~ J t.Q ~ ~th~ tQ oi:eu~. m&c.b. z-..,.i..-.d :P-E'OIP•ftr ~ •-t-~a.~ ea~ N f ~ ebeek PRK:&•11 N by t•• h4itcn- &:r.nt.rc,l l•r wi lJ. coat $1:5. 00 w.b..iah -.rill be ~ to tM CD%r811paad.iD.1J CSA 1 !2 fmsd D1Dlilar.
171340
'I" 11 • _ -•1 • -r L .- 1 • I 1,. .J Ir- -l_i ,.•_I I • l'tl I L • _ •• I S~mple~
i
i

2. 1 7 Acre ~a r-cel

UNDEVELDPED
(NOT ASSESSED)
• E'ASJC UNIT
1 ciAU
douse {BAS~C UNIT 11G acre) - 1 BAU
:
-
1 /6 ACRE ;::: .1 7
ACRE
1 BAU X BAU RATE= S ASSESSMENT
171441
" . •1,t 1 • ,1 • ,1 .•.III . . . i_ .- 1 ""I '4 . J I I I ; • -1 I • • • :i..:........:.. .r_. • • U:":"'

COMMERCIAL / INDUSTRIAL
' - ■
.. _ -
SA~JJPLC:

UNDEVELOPED
10 ACnES
(NOT. ASSESSED}
. '
DEVELOPED . . .
12 BAU / ACRE X 5 ACRES DEVELOPED ~ 60 BAUr S
so BAU X BAU RATE ~ $ ASSESS~iENT
I .. - I
, ■
...
171542
Resolution No. 1994-107

APPROVING ADMINISTRATIVE SERVICES AGREEMENT
FOR CSA 152 PROGRAM BETWEEN THE CITY OF BANNING

PA,,~. D, APPROVED, AND ADOPTED this 27th day//of September, 19~4.

APPROVED AS TO FO.RM
Joh~ ~F. W&lson
Cit~ Attorney
171643
171744
Exhibit " A"
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

ADMINISTRATIVE SERVICES AGREEMENT
FOR CSA 152 PROGRAM

BETWEEN

RECITALS
WHEREAS, Congress in 1987 added Section 402(p) to the Federal Clean Water Act CWA) [33 U. C. S1342(p)]; and,
WHEREAS, Section 402(p) requires certain municipalities, construction and industrial facilities to obtain a National Pollutant Discharge Elimination System (NPDES) Permit before discharging stormwater into the waters of the United States; and, WHEREAS, COUNTY and CITY have obtained or will obtain a municipal NPDES Permit for each of the three watersheds of the County; and, WHEREAS, COUNTY has formed CSA 152 to finance a portion of its programs and obligations associated with the municipal NPDES Permits and individual General NPDES Permits; and,
WHEREAS, cooperation between COUNTY and CITY in the administration and implementation of the NPDES Permits is in the best interests of COUNTY and CITY; and, WHEREAS, CITY was formally annexed into CSA 152 by COUNTY Resolution No. 93-454 on December 21, 1993; and,
WHEREAS, COUNTY and CITY are to perform certain duties prescribed in this 171845
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Agreement that will benefit all parties;
NOW, THEREFORE, the parties hereto do mutually agree as follows:

1. DELEGATION OF RESPONSIBILITIES. The responsibilities of each party shall be as follows:

A. COUNTY shall assume the responsibilities and meet the requirements of CSA 152 administration for COUNTY and CITY by:
1) Preparing CSA 152 budget and reports in compliance with County Ordinance No. 573.
2) COUNTY shall also:
a) Prepare the required narrative for said budget and reports along with COUNTY'Sindividual budget or report on COUNTY activities.
b) Annually prepare and forward to the appropriate agency computer tape information on individual assessments of parcels within CITY for generation of Benefit Assessment Units (BAU) totals and assessments for CITY.
c) Forward CITY corrections to assessments and tax bills to Auditor° Controller/Tax Collector.
d) Review and coordinate CITY CSA 152 budget with overall CSA 152 budget.
e) Reimburse CITY for actual expenditures incurred under provision of approved CITY CSA 152 budget and allocations.
f) Conduct mailing of proposed tax rate assessment for CITY for FY 94/95 and any year CITY requires notices. COUNTY shall bill CITY for these services at cost.
g) Provide to CITY annual property assessment printouts and a BAU 2 171946
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
summary.
h) Provide to CITY standardized forms including but not limited to assessment re-evaluation forms, budget and expense reimbursement formats.
i) Serve as administrative and technical advisor on CSA budget preparation and assessment re-evaluations.
j) Assess CITY an annual six percent (6%) administrative fee on new revenue for CITY CSA 152 budget.
k) Be responsible to CITY for reasonable requests by CITY for information, billing tapes, data, changes, corrections, refunds, issuances of new CITY tax bills or revisions. Said requests will be at expense of CITY.
1) Conduct annual County public budget hearing of CSA 152. m) Assist CITY with first year CITY public information forum on NPDES program and CSA 152 administration by providing administrative and technical guidance.
n) Provide CITY with copy of CSA 152 budget prior to
submittal to COUNTY Board of Supervisors.

B. CITY shall assume the responsibilities and meet the requirements of CSA 152 administration for CITY by:
1) Preparing CITY CSA 152 budget and reports on its activities using COUNTY format, hereto attached as Exhibit A and incorporated herein by reference. Said budget and reports shall be submitted to COUNTY for incorporation with COUNTY CSA 152 budget narrative and in accordance with Schedule of Events, hereto attached as Exhibit B and incorporated herein by reference.
3 172047
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
2) CITY shall also:
a) Conduct NPDES and CSA 152 public forum for CITY constituents prior to COUNTY CSA 152 public hearing for new or increased CSA 152 assessment over prior fiscal year assessment.
b) Be responsible for CITY updates, corrections or revisions to be entered into COUNTY data base for CSA 152 or any corrections, revisions, refunds or issuance of new CITY tax bills through COUNTY at CITY expense.
c) Be responsible to COUNTY for any proposed tax assessment printing and/or mailings CITY may want COUNTY to perform at CITY expense.
d) Be responsible for replies to CITY taxpayer inquiries and requests for CITY CSA 152 budget information and NPDES Program within CITY boundaries.
e) Provide COUNTY with CITY telephone numbers and public forum dates for CITY taxpayer inquiries on CITY CSA 152 program and for inclusion on CITY CSA 152 assessment mailings or proposed assessment increases by February 15 of each year, and keep such numbers updated as necessary.

2. FEES AND PAYMENT. COUNTY shall administer CSA 152 for the benefit of COUNTY and CITY. CITY share of annual CSA 152 administration shall be a six percent 6%) fee of CITY CSA 152 annual budget.

A. CITY shall be responsible for payment to COUNTY, at cost, for services that require:
1) COUNTY to provide information, billings tapes, data changes, corrections, refunds, issuances of new CITY tax or revisions to CITY. COUNTY shall 4 172148
3 4
5 6
7 8
9 10:
11 12
13 14
15 16
18 19~
20 21
22 23
24 25
26 27
28 provide an itemized billing of completed work to CITY. 2) COUNTY to perform printing and/or mailing of proposed tax assessment rates of CITY assessed parcel numbers.

B. COUNTY shall keep CITY apprised and notified of COUNTY requests for proposal ( RFP), selection of consultant, consultant'sfee, any contract timetables and consultant schedule of payments.

5. WITHDRAWAL FROM AGREEMENT. Either Party may withdraw from this Agreement thirty (30) days after giving written notice to other Party. In event withdrawal 5 172249
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
becomes effective, withdrawal shall constitute forfeiture by the withdrawing party of its share of costs and administrative fees paid as described in Sections 2 and 3 of this Agreement up to the effective date of withdrawal. The withdrawing party shall be responsible for all lawfully assessed penalties as a
consequence of withdrawal.

7. NOTICES. All notices shall be deemed duly given when delivered by hand; or five (5) days after deposit in the U. S. mail, postage prepaid.

11. HOLD HARMLESS. Each Party shall indemnify and hold harmless the other party from liability or damages resulting from its own acts or omissions including those of its 6 172350
1 officers or employees in the performance of this Agreement. 2 IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first 3 above written.
4 CITY OF BANNING
5 ATTEST:
6 City Clerk
By
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 Mayor
Form Approved
County Counsel
BY
Deputy
City Manager

COUNTY OF RIVERSIDE,
on behalf of CSA 152
Chairman, Board of Supervisors
ATTEST:

Gerald A. Maloney
Clerk of the Board
By
Deputy
7 172451
BUDGET FORMAT*
CITY CSA 152 (NPDES)
FY

EXHIBIT A

Page 2 ends

Banning City CouncilDecember 10, 2024

Banning City Council
December 10, 2024