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Secretary of State
Statement of Information
(Limited Liability Company)
IMPORTANT- This form can be filed online at
bizfile.sos.ca.gov.
Read instructions before completing this form.
Filing Fee - $20.00
LLC-12
Copy Fees - First page $1.00; each attachment page $0.50; Certification Fee - $5.00 plus copy fees
22-849171
FILED
In the office of the Secretary of State
of the State of California
MAR 08, 2022
This Space For Office Use Only
1. Limited Liability Company Name (Enter the exact name of the LLC. If you registered in California using an alternate name, see instructions.)
INVESTEL DEVELOPMENT LLC
2. 12-Digit Secretary of State Entity Number 3. State, Foreign Country or Place of Organization (only if formed outside of California)
202003410101 CALIFORNIA
4. Business Addresses
a. Street Address of Principal Office - Do not list a P.O. Box City (no abbreviations) State Zip Code 12966 Euclid Street , Suite 300 Garden Grove CA 92840
b. Mailing Address of LLC, if different than item 4a City (no abbreviations) State Zip Code 12966 Euclid Street , Suite 300 Garden Grove CA 92840
c. Street Address of California Office, if Item 4a is not in California City (no abbreviations) State Zip Code Do not list a P.O. Box
12966 Euclid Street , Suite 300 Garden Grove CA 92840
5. Manager(s) or Member(s) If no managers have been appointed or elected, provide the name and address of each member. At least one name and address must be listed. If the manager/member is an individual, complete Items 5a and 5c (leave Item 5b blank).
If the manager/member is an additional managers/members, enter the names(s) and address(es) on Form LLC-12A.
a. First Name, if an individual - Do not complete Item 5b Middle Name Last Name b. Entity Name - Do not complete Item 5a
SCG AMERICA CONSTRUCTION INC
c. Address City (no abbreviations)
12966 Euclid Street , Suite 300 Garden Grove
LLC-12 (REV 12/2021)
Suffix
State Zip Code
CA 92840
2021 California Secretary of State
bizfile.sos.ca.gov
Docusign Envelope ID: 8FABC529-4083-4AF5-AAC2-BCFB3C55156D 81165
6. Service of Process (Must provide either Individual OR Corporation.) INDIVIDUAL- Complete Items 6a and 6b only. Must include agent's full name and California street address. a. California Agent's First Name (if agent is not a corporation) Middle Name Last Name Suffix
DANNY YINFENG WEI
b. Street Address (if agent is not a corporation) - Do not enter a City (no abbreviations) State Zip Code P.O. Box
12966 Euclid Street , Suite 300 Garden Grove CA 92840
CORPORATION- Complete Item 6c only. Only include the name of the registered agent Corporation. c. California Registered Corporate Agent's Name (if agent is a corporation) - Do not complete Item 6a or 6b
7. Type of Business
Describe the type of business or services of the Limited Liability Company Hotel and Hospitality Holding Company
8. Chief Executive Officer, if elected or appointed
a. First Name Middle Name Last Name Suffix
b. Address City (no abbreviations)
9. Labor Judgment
Does a Manager or Member have an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code? State Zip Code
D Yes 0 No
10. By signing, I affirm under penalty of perjury that the information herein is true and correct and that I am authorized by California law to sign.
03/08/2022 DANNY YIN FENG WEI
Date Type or Print Name
LLC-12 (REV 12/2021)
MANAGER
Title
Signature
2021 California Secretary of State
bizfile.sos.ca.gov
Docusign Envelope ID: 8FABC529-4083-4AF5-AAC2-BCFB3C55156D 81266
From: Marisol Lopez
To: Serita Young; Doug Schulze
Cc: Caroline Patton
Subject: Reference Check SCG America from the City of Garden Grove Date: Tuesday, January 10, 2023 12:22:00 PM
Attachments: image001.png
Good afternoon,
Please see the email below from Grace E. Kim from the City for Garden Grove Office of Economic Development for your records.
Marisol Lopez
Economic Development Manager
City of Banning
Direct Line: (951) 922-3181
City Cell : (909) 222-8235
[email protected]
99 E. Ramsey Street
Banning, CA 92220
www.banningca.gov
The information contained in this email message is intended only for the use of the individual or entity to which it is addressed and may contain information that is legally privileged and/or confidential. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, if you have received this communication in error, please notify us immediately by telephone. Thank you
From: Grace Lee <[email protected]>
Sent: Monday, January 9, 2023 8:45 AM
To: Marisol Lopez <[email protected]>
Subject: Re: SCG America
Hello Marisol,
I apologize for the delay. I just got back from holiday break.
SCG America has completed quite a few projects in the City:
Established their SoCal headquarters in Garden Grove.
Purchased the Hyatt Regency Orange County
Completed an extensive renovation of the Starbucks inside the Hyatt Regency Orange County
Ongoing renovation of the Hyatt Regency Orange County
Purchased a restaurant located at 12361 Chapman Ave. and completed a renovation over $2 MM and opened NOVA Restaurant
Currently completed entitlements for a Le Meridien and Kimpton Hotel that includes 769 rooms, 1,200 parking structure, event space, conference space, retail and restaurant pads.
Currently entitling a residential project on Choisser Ave. 813
If I can provide additional information, please let me know. Thank you.
Grace E. Kim
Office of Economic Development, AEDO
d: (714) 741-5130½w: ggcity.org/econdev
From: "Marisol Lopez" <[email protected]>
To: "Grace Lee" <[email protected]>
Sent: Thursday, January 5, 2023 3:34:09 PM
Subject: SCG America
Good afternoon, Grace,
Thank you for taking the time to speak with me regarding SCG America. Would you please describe the projects SCG America has completed in Garden Grove and the working relationship? The City of Banning has received an ENA proposal from SCG America. We are incredibly excited to work with SCG America Group. I truly appreciate the time and information that you can provide. Happy holidays!
Respectfully,
Marisol Lopez
Economic Development Manager
City of Banning
Direct Line: (951) 922-3181
City Cell : (909) 222-8235
[email protected]
99 E. Ramsey Street
Banning, CA 92220
www.banningca.gov
The information contained in this email message is intended only for the use of the individual or entity to which it is addressed and may contain information that is legally privileged and/or confidential. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, if you have received this communication in error, please notify us immediately by telephone. Thank you
814
815
816
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director Ralph Wright, Parks and Recreation Director
MEETING DATE: January 14, 2025
SUBJECT: Consideration of Resolution 2025-07, Reprogramming Community Development Block Grant (CDBG) Funds in the Amount of $268,414 from Fiscal Year 2022/2023 - Sylvan Park improvement Project #2 ($107,000) AND FY 2023-24 - Sylvan Park Improvement Project #3 ($161,414) to Lion's Park Project #2 ($257,414) and Sylvan Park Improvement Project # 1 ($11,000)
RECOMMENDATION:
Adopt Resolution 2025-07.
BACKGROUND:
The City of Banning is a Cooperating City in the Federal Community Development Block Grant (CDBG) Program which is managed by the County of Riverside. Each year, the Federal Government as part of their annual budget allocate funds to the CDBG program. The City is allocated a percentage based on census data and in the fall accepts applications for Public Service and public improvement projects. The City Council review and selects projects and then submits those projects to the County for review and approval. Approximately a year later, the grant agreements are approved and funding is available for selected and approved projects. There is a 15% cap on the available funding to be used for Public Service projects and the majority of the remaining funds have been used for park rehabilitation and ADA improvement projects.
The annual funding available has varied but it is not usually sufficient for completion of large needed park projects and funding has often been requested over multiple years. Additionally, project applications have included small piecemeal park rehabilitation projects that are often tough to secure sufficient responses to Invitation for Bids. The lack of sufficient funding, limited staffing, and small project sizes have led to significant completion delays resulting in timeliness concerns with expenditure of the allocated CDBG funds. The County of Riverside has been put on notice by the Federal Government that they need to spend down their available HUD funding for the program or potential lose future funding or add compliance requirements for funding. Similarly, the County has requested a drawdown plan from participating cities from FY 2023/2024 for funding cycles and all outstanding projects.
The City has completed a drawdown plan for outstanding CDBG projects and as part of the plan includes the reprogramming of two no longer viable CDBG projects:
Reprogramming of Sylvan Park Improvement Projects # 2 & # 3 - Fiscal Year 2022/2023 (CDBG Program 5.BN.58-22) Community Development Block Grant Funds in the amount of $107,000 and Fiscal Year 2023/2024 (CDBG Program 5.BN.60-23) Community Development Block Grant Funds in the amount of $161,414.
817
- Sylvan Park Improvement Project #2 was slotted for the development of a dog park in the southeast corner of Sylvan park and the project was not approved as applicable for CDBG funds. - Sylvan Park Improvement Project # 3 was a demo of the existing Sylvan Park restroom and the construction and installation of a replacement restroom. The estimated project cost is over $400,000 and the funding is not sufficient for the completion of the project. Additionally, the restroom replacement funding is planned as part of development condition included with the Banning 98 project.
The funding will be reprogrammed to to Fiscal Year 2021/2022 (CDBG Program 5.BN.53-21) Sylvan Park Improvement Project # 1 in the amount of $11,000 and to Fiscal Year 2022/2023 (CDBG Program
5.BN.59-22) Lion’s Park Project # 2 in the amount of $257,414. The reprogrammed funds will allow for completion of the CDBG projects, make needed park improvements and allow for the City to become compliant with the CDBG drawdown requirements from the County.
The following is a breakdown of the outstanding existing CDBG funded projects and their completion plan:
5.BN.48-20 - Repplier Park Rehabilitation and Improvement Project – Remaining Funds - $82,236.13
Project includes tennis court improvements - the replacement of six tennis court main posts, the chain link fence around the tennis court perimeter, and installation of tennis court mid-rail fencing. Additionally, the resurfacing of the tennis courts. Lastly, the project will include the purchase of restroom partitions for the Repplier restrooms to be installed by staff. Project will be completed by June of 2025.
5.BN.51-21 – Lion’s Park Project – Remaining funds $42,965.72 Will be completed with Lion’s Park Project # 2
5.BN.52-22 – Roosevelt Williams Park Project – Remaining funds - $20,400 IFB will be issued for installation of vinyl fencing on the south side of the north parking lot in February – Project completed by May of 2025
5.BN.52-23 – Sylvan Park Improvement Project # 1 – Remaining funds - $ 123,769.80 plus $11,000 reprogrammed
Project will include the replacement of the park shelter and replacement amenities as well as the resurfacing of the basketball courts. Purchase of shelter will be completed in February and IFB for installation and resurfacing of courts issued in February – Project completion anticipated in June 2025.
5.BN.59-22 – Lion’s Park Project # 2 – Remaining funds - $104,414 plus reprogrammed funds of $257,414
This project will be in conjunction with an Integrated Regional Water Management grant will completely replace the dilapidated Lion’s Park irrigation system with a non-potable water system and future reclaimed system. Additionally, this project will include the installation of a perimeter sidewalk and vinyl fencing around the North, East and South sides of the park. The total project cost is estimated at $758,562. The design and construction documents have been completed and IFB will be issued in late spring and the project will begin after the completion of the upcoming Little League season. The project is estimated to completed in the fall of 2025.
Two other outstanding CDBG projects from FY 2024-25 were just given the Notice to Incur Costs approval but are not included in the drawdown timeline request from the County but are included for your information:
5.BN.61-24 – Banning Senior Center ADA Improvement Project - $43,144 These funds are for the design and construction documents for ADA restroom improvements for the Senior Center Nutrition site restrooms – Quotes are being secured and project will begin in March – Requested Funding from FY 2025/2026 will be used to complete the project and also install AC units and replace the existing kitchen flooring.
818
5.BN.62.24 – Dysart Park Improvement Project - $105,000 An RFP will be issued in February for design and construction documents for large grandstand with admin building, restrooms, concessions and meeting space underneath grandstands. Design and construction documents delivered in Fall of 2025.
JUSTIFICATION:
The reprogramming of the CDBG funds will allow for the completion of the Sylvan and Lion’s Park CDBG projects and allow for drawdowns within the required timeliness limits meeting the CDBG requirements.
Failure to drawdown to the required limits could jeopardize future CDBG funding or timelines.
FISCAL IMPACT:
All funding for the projects listed are grant funded projects and will have no impact on the City’s General Fund.
ALTERNATIVES:
Do not adopt the resolution and provide staff with alternate direction.
BUDGETED?:
Yes
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. Resolution 2025-07, CDBG Funding Reprogram.docx
2. CDBG 10 year Funding Snapshot.pdf
3. CDBG Reprogram Request letter_January 15, 2025_Draft.doc
4. Notice of Approved CDBG projects 2021-2022.pdf
5. Notice of Approved CDBG projects 2022-2023.pdf
6. Notice of Approved CDBG projects 2023-2024.pdf
7. City of Banning_CDBG Performance Review Letter_November 8, 2024.pdf 819
Resolution 2025-07
RESOLUTION 2025-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
REPROGRAMMING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS IN THE AMOUNT OF $268,414 FROM FY 2022-23 SYLVAN IMPROVEMENT PROJECT #2 ($107,000) AND FY 2023-24 SYLVAN IMPROVEMENT PROJECT #3 ($161,414) TO LION’S PARK PROJECT #2 ($257,414) AND SYLVAN PARK IMPROVEMENT PROJECT ($11,000) WHEREAS, The City of Banning is a Coopering City in the Community Development Block Grant Program administered through Riverside County’s Housing, Homelessness Prevention and Workforce Solutions Division (HHWS); and
WHEREAS, the City of Banning was given notice by the County of Riverside’s Housing, Homelessness Prevention and Workforce Solutions Division of timeliness concerns with drawdowns of approved Community Development Block Grant Funds; and WHEREAS, The City of Banning has developed a CDBG project completion and drawdown plan to reduce the outstanding CDBG funding and this plan includes closing of two open CDBG projects and reprogramming funds to more viable projects; and WHEREAS, the County of Riverside’s HHWS awarded the City of Banning’s Parks and Recreation Department CDBG funding for Sylvan Park Improvement project #2; and WHEREAS, the County of Riverside’s HHWS awarded the City of Banning’s Parks and Recreation Department CDBG funding for Sylvan Park Improvement project #3; and WHEREAS, both Sylvan Park Improvement Projects #2 and #3 do not have sufficient funding to complete the planned projects or are no. longer viable projects; and WHEREAS, the reprogramming of the remaining CDBG funds to Lion’s Park Project #2 and Sylvan Park Improvement Project # 1 will provide the necessary funding to complete both projects and make significant improvements to Banning parks.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. Authorizing the reprogramming of the remaining Fiscal Year 2022/2023 (CDBG Program 5.BN.58-22) Community Development Block Grant Funds in the amount of $107,000 and Fiscal Year 2023/2024 (CDBG Program 5.BN.60-23) Community Development Block Grant Funds in the amount of $161,414 to Fiscal Year 2021/2022 (CDBG Program 5.BN.53-21) Sylvan Park Improvement Project # 1 in the amount of $11,000 and to Fiscal Year 2022/2023 (CDBG Program 5.BN.59-22) Lion’s Park Project # 2 in the amount of $257,414.
SECTION 2. Authorizing the City Manager or his designee to make necessary budget adjustments, appropriations and transfers to Fiscal Years 2021/2022, 2022/2023 and 2023/2024 CDBG Program Funds.
SECTION 3. Authorizing the City Manager or his designee to submit a letter requesting the reprogramming of CDBG program funds to the County of Riverside, Housing, Homelessness Prevention and Workforce Solutions Division.
820
Resolution 2025-07
SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 14th day of January, 2025 Sherry Flynn, Mayor
City of Banning
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
John Pinkney, City Attorney
821
Resolution 2025-07
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-07, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 14th day of January 2025 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
822
City of Banning CDBG 10 Year History (Funding Years 2016-17 through 2025-26) FY2016-2017 $ 172,331.00
5.BN.34-16 Senior Center 172,331.00 $ Flooring, doors and cabinetry NOC 2019-0030389 Resolution 2018-24 172,516.00 $ Reprogram from 5.BN.36-17 Lions Park Expansion FY2017-2018 $ 172,516.00
5.BN.36-17 Lions Park 172,516.00 $ Lions Park Expansion Project Project cancelled Resolution 2018-24 (172,516.00) $ Reprogram to 5.BN.34-16 Senior Center FY2018-2019 $ 155,979.00
5.BN.38-18 Lions Park 155,979.00 $ Lions Park Expansion Project Project Cancelled Resolution 2018-152 (155,979.00) $ Reprogram to 5.BN.43-19 Dysart Park FY2019-2020 $ 184,193.00
5.BN.43-19 Dysart Park 184,193.00 $ Fencing, Bathroom, Concession Building Project NOC 2020-0322233 Resolution 2018-152 155,979.00 $ Reprogram from 5.BN.38-18 Lions Park Expansion Resolution 2023-25 (1,677.77) $ Reprogram to 5.BN.58.22 Sylvan Park II FY2020-2021 $ 349,081.90
5.BN.46-20 Police Explorers 18,000.00 $ Uniforms and Training of new Explorers $6,271.63 Reimburs on 6/15/21
5.BN.46-20 Police Explorers (11,728.37) $ Reprogram to 5.BN.48-20 Repplier Park
5.BN.47-20 Boys & Girls Club 10,000.00 $ Teen Leaders Program Reimbursed 5/14/2021
5.BN.48-20 Repplier Park 166,336.00 $ Rehab: Bathrooms, Drinking Fountains, Tennis Court Fencing, repair Picnic Shelter
5.BN.48-20 Repplier Park 11,728.37 $ Reprogram from 5.BN.46-20 Police Explorers Balance on Project $82,236.13
5.BN.49-20 Senior Center 154,745.90 $ ADA Improvements; replace access ramps, walkways and stairs, add automatic door Resolution 2023-25 (26,297.50) $ Reprogram to 5.BN.58.22 Sylvan Park II NOC 2022-0125649 FY2021-2022 $ 213,916.00
5.BN.50-21 Boys & Girls Club 4,500.00 $ Teen Leaders Program Reimbursed 5/5/2022
5.BN.51-21 Lions Park 45,000.00 $ Install vinyl fencing along perimeter of park Balance on Project $42,965.72
5.BN.52-21 Roosevelt Williams 20,400.00 $ Install vinyl fancing along southern border of park lot Balance on Project $20,400.00
5.BN.53-21 Sylvan Park I 144,016.00 $ Replace Picnic Shelter and tables, resurface basketball courts, repair entry arch Balance on Project $123,769.80 823
FY2022-2023 $ 194,818.00
5.BN.57-22 Boys & Girls Club 10,000.00 $ Teens Continue to Lead Reimbursed 6/5/2023
5.BN.58-22 Sylvan Park II 80,000.00 $ Replace Picnic Shelter and tables, resurface basketball courts, repair entry arch Resolution 2023-25 27,975.37 $ Reprogram from 5.BN.43-19 and 5.BN.49.20 to 5.BN.58-22 Balance on Project $107,000.00
5.BN.59-22 Lions Park 104,818.00 $ Irrigation and Fencing Balance on Project $104,818.00 FY2023-2024 $ 191,264.00
5.BN.60-23 Sylvan Park 161,414.00 $ Restroom Improvements Balance on Project $161,414.00
0.253-23 Faith in Action 19,850.00 $ Navigation Center Monitored by Riverside County
0.254-23 Voices for Children 10,000.00 $ Child Advocacy Services Monitored by Riverside County FY2024-2025 $ 159,408.00 Supplemental Agreements signed
5.BN.61-24 Senior Center 43,144.00 $ ADA Improvements to restrooms
5.BN.62-24 Dysart Park 105,000.00 $ Permanent bleachers, including meeting space and restrooms Balance on Project $105,000
5.BN.63-24 Sunrise Church 11,264.00 $ Banning Peace Center Food Program Balnce on Project $11,264 FY2025-26 NOFA - $159,000
Senior Center 135,150.00 $ ADA restroom and kitchen improvements Projects recommended for approval Sunrise Life Development 5,000.00 $ Resolution 2024-182 Voices for Children 5,000.00 $ Awaiting County of Riverside Habitat for Humanity 5,000.00 $ review and approval
Faith in Action 5,000.00 $
Boy's and Girl's Club 3,850.00 $
Balance on Project $43,144
824
Our Mission as a City is to provide citizens a safe, pleasant, and prosperous community in which to live, work and play. We will achieve this in a cost effective, citizen friendly and open manner.
CITY OF BANNING
99 E. Ramsey, Banning, CA 92220
(951) 922-3241
January 15, 2025
Anna Varona-Doromal
CDBG Development Specialist III
County of Riverside
Housing, Homelessness Prevention and Workforce Solutions 3403 10th Street Suite 300
Riverside, CA 92501
Subject: Request to reprogram a total of $268,414 CDBG Funds from CDBG FY 2022/2023 Funds in the amount of $107,000 and CDBG FY 2023/2024 Funds in the amount of $161,414 from Sylvan Park Improvement Project #2 and Sylvan Park Improvement Project # 3.
Please accept this request to reprogram CDBG FY 2022/2023 Funds in the amount of $107,000 and CDBG FY 2023/2024 Funds in the amount of $161,414 from Sylvan Park Improvement Project #2 and Sylvan Park Improvement Project # 3 to FY 2020-2021 Sylvan Park Improvement Project # 1 ($11,000) and FY 2022/2023 Lion’s Park Irrigation and Fencing Project ($257,414).
The certified Resolution 2025-XX is enclosed as approved by City Council on January 14, 2025.
If you have any questions or would like further verification, please contact me at [email protected].
Sincerely,
Ralph Wright
Parks and Recreation Director
825
826
827
828
829
830
831
832
3403 Tenth Street, Suite 300 | Riverside, CA 92501 | FAX: (951) 374-3098 | Phone: (951) 955-1161 November 8, 2024
Doug Schulze, City Manager
City of Banning
PO Box 998
Banning, CA 92220
RE: CDBG PROGRAM PERFORMANCE REVIEW
We are reaching out to all of our CDBG Cooperating Cities to provide an important update on compliance with a critical CDBG program requirement (24 CFR 570.902). This requirement, known as the "Timely Performance" guideline, restricts CDBG recipients from holding more than 1.5 times (or 150%) of unspent CDBG funds.
To ensure compliance with HUD’s “timeliness” standard, the County is requesting all cities’ cooperation as we implement a new measure to ensure timely and sufficient draws against their total CDBG allocations.
Attached, you’ll find a current CDBG utilization performance report for your City, which includes updated account balances for each of the City's individual projects.
According to the Amended NOFA published online on November 8, 2024, if your City has any open projects from FY 2020, 2021, 2022, and 2023 with unspent funds as of November 30, 2024, your City may not be eligible to submit a project for FY 2025-2026.
If your City has open projects from 2020-2023, a realistic draw-down schedule for these projects must be submitted by November 21, 2024. If the schedule is accepted by HWS, the City will be allowed to apply for FY 2025-2026 funds. If no acceptable draw-down plan is submitted, your City will receive a notice.
However, please note that any unclaimed funds for FY 2025-2026 will roll over to the following year(s), and your City will not lose these funds.
If this doesn’t apply to your City, there is nothing needed from you at this time. We wanted to ensure all cities were informed of this necessary measure being implemented as it affects our entire program. If you have any questions about your City’s draw-down performance, please contact Anna Varona-Doromal (951) 955-1113 or email [email protected].
Sincerely,
Susana Orozco
Principal Development Specialist
Enclosure: Draw Down Performance Report
833
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Doug Schulze, City Manager
MEETING DATE: January 14, 2025
SUBJECT: Consideration of City Clerk and City Treasurer Compensation RECOMMENDATION:
Provide direction to City Manager regarding compensation of elected City Clerk and City Treasurer.
BACKGROUND:
The City Council has requested discussion of compensation for the elected City Clerk and City Treasurer position. The current salaries for the City Clerk and City Treasurer were set by Resolution 1988-54 and 1982-41 respectively. Salaries for both positions were set at $100 per month or $1,200 per annum.
JUSTIFICATION:
Compensation has not been adjusted since 1982 and 1988 for these positions.
The attachment showing annual compensation for elected City Clerks and City Treasurers in Riverside County below was sourced from the following web page containing compensation for elected officials:
https://publicpay.ca.gov/Reports/Cities/City.aspx?entityid=355&year=2023&rpt=5 Note: Beaumont recently gave raises to their elected officials and has been incorporated. Blythe's City Clerk is the City Manager and its Treasurer is its Director of Finance. They are employees and not elected and were removed from the attachment below. Also, Indio's Elected Treasurer compensation was listed twice and one was an employee holding the Assistant City Manager - Finance Director position.
Elected City Clerk compensation in Riverside County ranges from $1,200 to $6,720 per year. Elected City Treasurer compensation in Riverside County ranges from $200 to $20,019 per year.
FISCAL IMPACT:
To be determined.
ALTERNATIVES:
Provide direction to City Manager.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
834
ATTACHMENTS:
1. CC Resolution No. 1982-041 city treasurer.pdf
2. CC Resolution No. 1988-054 city clerk.pdf
3. Elected Clerk & Treasurer Annual Salary Comparison 2025.pdf 835
RESOLUTION NO. 1982-41
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BANNING, CALIFORNIA, REVOKING
DELEGATION OF AUTHORITY TO CITY TREASURER
TO INVEST OR TO REINVEST FUNDS OF THE CITY
OF BANNING, OR TO SELL OR EXCHANGE SECURITIES SO PURCHASED AND REPEALING RESOLUTIONS NO. 1974-24 AND 1978-24 WHEREAS, the City Council of the City of Banning ("this City Council") is authorized by California Government Code Section 53601 when a determination is made that the City of Banning has money in a sinking fund of, or surplus money in its treasury not required for the immediate necessities of the City of Banning, to invest such portion of the money as this City Council deems wise or expedient in certain legal and authorized investments; and
WHEREAS, the City Council is further authorized by California Government Code Section 53607 to delegate to the Treasurer of the City of Banning its authority to invest or reinvest funds of the City, or to sell or exchange securities so purchased, until such time as the delegation of authority is revoked; and
WHEREAS, the City Council by its adoption of Resolution No. 1974-24 on May 14, 1974, delegated its authority to invest or to reinvest funds of the City of Banning, or to sell or exchange securities so purchased, to the Treasurer of the City of Banning, for which the City agreed to compensate the Treasurer an additional $300 per month, bringing his total monthly salary to $400 per month; and WHEREAS, by the adoption of Resolution No. 1978-24 on April 10, 1978, this additional compensation for investing or reinvesting municipal funds was increased by $100 per month, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning, California, that the delegation of authority to the Treasurer of the City of Banning to invest or to reinvest funds of the City of Banning, or to sell or exchange securities so purchased, is hereby revoked pursuant to California Government Code Section 53607 and the Treasurer of the City of Banning is hereby relieved of his duty of making a monthly report of such transactions to this City Council; and BE IT FURTHER RESOLVED that Resolutions No. 1974-24 and 1978-24 adopted by the City Council on May 1'4, 1974, and April 10, 1978, are hereby repealed.
BE IT FURTHER RESOLVED that the City Treasurer of Banning will now be compensated as provided for by the City Council in Ordinance No. 470 dated March 6, 1960, at a total of $100 per month.
PASSED AND ADOPTED this 9th day of August , 1982.
ATTE~;~T-~ , ~ n
Mayor, City of Banning', California
City Clerk of the City of v
Banning, California
836
837
RESOLUTION NO. 1988-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BANNING, CALIFORNIA, FIXING AND ESTABLISHING
THE SALARY OF THE CITY CLERK AND RESCINDING
RESOLUTION NO. 1975-54
Clerk;
of
at
and
WHEREAS, it is necessary to clarify the salary of the City NOW THEREFORE, BE IT RESOLVED by the City Council of the City Banning that the salary of the City Clerk shall be established 1, 00200. per year ($100.00 per month) effective November 9, 1988; BE IT FURTHER RESOLVED that the sum of $290.00 be appropriated from the Contingent Account to the City Clerk's account to provide sufficient funds for this salary during fiscal year 1988-89; and BE IT FURTHER RESOLVED that the above $ 1, 00200. annual be placed in the City Clerk's Budget each year in the future. 1988.
PASSED, APPROVED AND ADOPTED this 25th day of October
tarry/~f
ggi nseC, ~Tayo r
ATTE}~T< ,
ucille M. Elizondo, City Cle4~k
CERTIFICATION
I, LUCILLE M. ELIZONDO, City Clerk of the
salary
SEAL)
bcille M. Elizo~do, City Cler4)
City of Banning, California
AYES:
NOES: None
ABSTAIN: None
ABSENT: None
DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Banning at a regular meeting thereof held on the 25th day of October, 1988, by the following vote, to wit:
Councilmembers Cowles, Shledon, Williams, Lawrence, Mayor Higgins City of Banning, California,
838
Riverside County Elected
Treasurer/City Clerk Salary Comparison
City Position Other Position Held Department Total
Wages
Employee or
Elected
Cathedral City City Treasurer City Council $20,019 Elected Hemet City Treasurer Elected Officials $8,984 Elected
Corona City Treasurer Treasurer $2,605 Elected
Beaumont Treasurer Finance $6,720 Elected
Beaumont City Clerk City Clerk $6,720 Elected
Banning City Clerk City Clerk $1,200 Elected
Banning City Treasurer Finance $1,200 Elected
Indio City Clerk City Clerk's Office $1,200 Elected
Indio City Treasurer Finance
Department
$200 Elected
839
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Laurie Sampson, Assistant City Manager
Jeff Platt, Director of Homeless Services
MEETING DATE: January 14, 2025
SUBJECT: Opportunity Village Gift Card Policy
RECOMMENDATION:
Receive and file.
BACKGROUND:
Our staff at Opportunity Village have implemented a program that rewards our shelter residents for continuing to better themselves by working to reestablish their identities, participating in drug and alcohol counseling and community events, and other requirements. The staff has found that by treating the residents with dignity and human decency, they advance toward this goal of self-reliance more rapidly.
JUSTIFICATION:
One of the key components of helping residents is restoring a sense of community, dignity and emotional well-being. When residents participate in community events such as clean up events in the parks and removal of homeless encampments, they begin to redevelop pride and commitment. The issuance of gift cards fosters dignity as they empower the residents to make personal choices and control over their lives. Making these choices also helps them develop financial literacy. A complete explanation of benefits is included in this report as Exhibit A.
The Gift Card Issuance Program is not available to all residents. There are parameters that allow them to participate as well as precluding some. The complete guidelines are included in this report as Exhibit B.
The requirement to obtain gift cards includes signing for receipt of these cards as well as having a W-9 on file in case the issuance of these gift cards exceeds $600 per year. The list of cards issued and the status of each card and recipient is attached to this report as Exhibit C.
FISCAL IMPACT:
The fiscal impact of this program as of this fiscal year is $4,813.70 including activation fees.
ALTERNATIVES:
An alternative to issuing Visa gift cards can be to offer store specific gift cards such as, Walmart or Stater Bros. This would avoid the activation fees.
BUDGETED?:
No
CONTRACT/AGREEMENT:
840
No
ATTACHMENTS:
1. Exhibit A OPV Gift Cards Why We Do It.pdf
2. Exhibit B GIft Card Participation Requirements.pdf
3. Exhibit C Gift Card Tracking.pdf
841
WHY WE DO IT
Our implemented gift card program for residents at Opportunity Village offers numerous benefits, enhancing support and fostering dignity among individuals experiencing homelessness. Here are some key advantages to our program.
1. Empowerment and Choice
Gift cards allow residents to choose their own items, fostering a sense of control over their lives, which is often stripped away in difficult situations.
Tailored Needs:
Individuals can select gift cards for items they specifically need, whether it's clothing, hygiene products, or food, thus catering to their personal circumstances.
2. Dignity and Respect
Avoiding Stigmatization:
Receiving a carefully chosen item can feel more dignified than relying solely on donations or handouts, helping to preserve residents’ self-esteem.
Privatized Choice:
Gift cards enable residents to shop discreetly, allowing them to maintain privacy regarding their needs and circumstances.
3. Social Integration
Community Interaction:
When residents use gift cards in local stores, they engage with the community, potentially leading to social inclusivity and connections that could be beneficial for future support.
Breaking Barriers:
This program can help residents reintegrate into society, fostering a sense of normalcy and community engagement.
4. Mental and Emotional Well-being
Boosting Morale:
Allowing individuals to pick out what they want can uplift spirits and instill hope during challenging times.
Promoting Independence:
Making choices, even small ones, contributes positively to mental health and self-confidence. 842
5. Practicality and Flexibility
Frictionless Use:
Gift cards can be easier to manage than distributing specific items, reducing the logistical burdens on shelter staff.
Adaptability:
They can be adjusted to meet changing needs, allowing shelters to respond quickly to the preferences and requirements of their residents.
6. Partnership and Collaboration Opportunities
Local Business Engagement:
Partnering with local businesses to provide gift cards can foster community relationships and support local economies.
Sustainability and Support:
This initiative can lead to sponsors or donors who wish to fund gift card programs, further encouraging community support for the shelter.
7. Building Life Skills
Financial Literacy:
Managing a gift card can help residents practice budgeting and financial decision-making, essential skills for ongoing independence.
Shopping Skills:
Residents learn how to evaluate their needs and make informed purchasing decisions, which can contribute to their development during and after their time at the shelter.
Conclusion
Our gift card program at Opportunity Village significantly enhance the support system for residents by providing them with autonomy, dignity, and the opportunity to reintegrate socially and economically. 843
Gift Card Policy
When considering whether we provide gift cards to residents at Opportunity Village, various qualifying and disqualifying factors come into play. These factors ensure that the distribution aligns with the shelter's goals, supports the residents effectively, and maintains the integrity of the program:
Qualifying Factors:
1. Need Assessment:
Individual Assessment: Residents may be assessed based on specific needs, such as food insecurity, lack of clothing, or requirements for personal care items.
Current Circumstances:
Consideration of residents’ immediate situations (e.g., employment status, family conditions) can help determine eligibility.
2. Program Participation:
Engagement in Shelter Programs:
Residents who actively participate in shelter programs, workshops, or community service may be prioritized for gift cards as an incentive and reward.
3. Duration of Stay:
Length of Residence:
Residents who have been at the shelter for a certain period may be eligible for gift cards as part of their transitioning support.
4. Personal Goals:
Development of Individual Plans:
Residents working towards specific goals (such as obtaining employment, going to school, or securing housing) could qualify for gift cards to support their efforts.
5. Feedback Mechanism:
Resident Input:
Input from residents about their preferences for support can guide the decision-making process for gift card distributions.
6. Prior Support:
Previous Assistance:
Consideration of whether residents have previously received gift cards or similar support can help assess eligibility for additional assistance.
844
Disqualifying Factors:
1. Substance Abuse Issues:
Misuse of Gift Cards:
If there is a concern that residents may use gift cards to purchase substances (alcohol, drugs), it may be a disqualifying factor.
2. Behavioral Concerns:
Violations of Shelter Rules:
Residents who have repeatedly violated shelter policies or engage in disruptive behavior may be disqualified from receiving gift cards.
3. Fraudulent Behavior:
Dishonesty in Requests:
If there are allegations or evidence of residents misrepresenting their needs or circumstances to obtain gift cards, this may disqualify them.
4. Stable Housing:
Sufficient Means:
Residents who have secured stable housing and are no longer in need of immediate support may not qualify for gift cards.
5. Eligibility for Other Benefits:
Existing Benefits:
If residents are already receiving sufficient support from social services, financial assistance, or other programs, this may disqualify them for additional support like gift cards.
6. Lack of Participation:
Limited Engagement:
Residents who do not participate in shelter programs or are not involved in their recovery/transition processes may be less likely to receive gift cards.
By utilizing these qualifying and disqualifying factors, our system creates a fair and effective process for distributing gift cards. This ensures that the support provided is both meaningful and constructive, helping residents in their journey towards stability and independence. 845
Village Gift Card Tracking
W-9 on file W-9 on file W-9 on file
DATE Alcala, Robert Brannon, Buritius Cadena, Adriana Carson, Mila Davis, Denise Delgado, David 7/3/2024 Rite Aid $ 447.60 $ 50.00 $ 50.00 $ 50.00
7/15/2024 Rite Aid $ 447.60 $ 50.00
7/19/2024 Rite Aid $ 447.60 $ 50.00
8/20/2024 Rite Aid $ 457.60
9/8/2024 Rite Aid $ 447.60
9/21/2024 Rite Aid $ 447.60 $ 50.00
10/11/2024 Rite Aid $ 447.60 $ 50.00
10/17/2024 Rite Aid $ 335.70 $ 50.00 $ 50.00
11/6/2024 Rite Aid $ 447.60 $ 50.00 $ 50.00
11/26/2024 Rite Aid $ 447.60
12/13/2024 Rite Aid $ 439.60
Total $ 4,813.70 $ 150.00 $ 100.00 $ 100.00 $ 50.00 $ 100.00 $ 50.00 * Green indicates no longer in the shelter
*Bold indicates signed receipts on file
846
W-9 on file W-9 on file W-9 on file
Duran, David Green, Damien Hasani, Dean Hawk, Kenneth Hernandez, David Johnson, Traemar Leary, Nyesha Marshall, Maurice $ 50.00
$ 100.00 $ 50.00
$ 100.00 $ 50.00
$ 50.00 $ 50.00 $ 50.00 $ 50.00
$ 50.00 $ 100.00 $ 50.00 $ 50.00
$ 50.00 $ 100.00 $ 50.00
$ 100.00 $ 50.00
$ 50.00 $ 50.00 $ 50.00
$ 50.00
$ 50.00 $ 50.00
$ 100.00 $ 100.00
$ 300.00 $ 50.00 $ 50.00 $ 600.00 $ 300.00 $ 100.00 $ 100.00 $ 150.00 847
W-9 on file W-9 on file W-9 on file W-9 on file
Moore, Tyler Owens, Jason Prince, Brandon Raradin, Ron Richardson, Josh Rubalcava, Arturo Shaw, Johnny Sheldon, Cody $ 50.00 $ 50.00 $ 50.00
$ 50.00 $ 100.00 $ 50.00
$ 50.00 $ 50.00
$ 50.00 $ 50.00
$ 50.00 $ 50.00
$ 50.00
$ 50.00 $ 50.00
$ 50.00 $ 100.00 $ 50.00
$ 50.00 $ 50.00 $ 50.00
$ 100.00
$ 100.00 $ 600.00 $ 200.00 $ 50.00 $ 100.00 $ 50.00 $ 50.00 $ 100.00 848
W-9 on File W-9 on file
Timmons, Stevelen Williams Yoder, Robert Other
$ 50.00 $ 47.60 $ 447.60
$ 47.60 $ 447.60
$ 100.00 $ 47.60 $ 447.60
$ 100.00 $ 57.60 $ 457.60
$ 50.00 $ 47.60 $ 447.60
$ 100.00 $ 47.60 $ 447.60
$ 100.00 $ 47.60 $ 447.60
$ 50.00 $ 35.70 $ 335.70
$ 50.00 $ 47.60 $ 447.60
$ 100.00 $ 50.00 $ 47.60 $ 447.60
$ 50.00 $ 50.00 $ 39.60 $ 439.60
$ -
$ 600.00 $ 50.00 $ 200.00 $513.70 $ 4,813.70
849
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Doug Schulze, City Manager
MEETING DATE: January 14, 2025
SUBJECT: Consideration of Zoom Video Conferencing Accessibility for City Council Meetings
RECOMMENDATION:
Provide direction to the City Manager regarding use of Zoom for City Council meetings.
BACKGROUND:
In response to social distancing requirements during COVID 19, use of Zoom for public meetings so members of the City Council, staff, and consultants could participate remotely. In addition, members of the public were also provided with the opportunity to participate via Zoom. After social distancing restrictions were lifted, use of Zoom was continued until "Zoom Bombing" became problematic for several organizations, including the City of Banning. Since the decision to use Zoom was an administrative decision and not Council policy, an administrative decision was made to discontinue use of Zoom for public participation. Use of Zoom is limited to consultants, City Treasurer and occasionally by staff participating remotely, which requires identity verification. When Zoom was offered as an option for members of the public to participate, there were just a few people online each meeting so, it was not used broadly.
Currently, staff resources are used to make all public meetings accessible on Government Access Channel 10 and streaming on the City website. These options do not allow members of the public to comment during meetings, but they are able to view meetings in real time. Members of the public are currently able to provide comments during the City Council’s meeting by either attending City Council meetings and making verbal comments to the City Council at the appropriate times or by submitting written comments to the City Clerk on items on the Council's agenda, which comments are forwarded to the City Council for the Council's consideration. While Zoom Bombing seems to be less of an issue, it could be related to the fact that many public agencies discontinued use of Zoom for public meetings. Use of Zoom as a webinar provides more control because access to speak must be granted by a monitor (staff member), which also reduces the likelihood of Zoom Bombing. However, a staff person would either need to be hired or paid overtime to serve as monitor during public meetings.
City Managers in Riverside County were asked if they use Zoom for public participation in City Council meetings. In total, 16 cities did not allow remote participation, 3 cities did, and 3 did not respond to the poll. These were the exact responses:
Beaumont - No
Calimesa - No
Cathedral City - No
Coachella - Yes
Corona - No
850
Desert Hot Springs - No
Eastvale - No
Hemet - No
Indian Wells - Did not respond
Indio - No
LaQuinta - Did not respond
Menifee - No
Moreno Valley - No
Palm Desert - Yes
Palm Springs - Yes
Perris - No
Rancho Mirage - No
Riverside - Did not respond
San Jacinto - No
Temecula - No
Wildomar - No
Yucaipa - No
JUSTIFICATION:
Allowing members of the public to provide comments during City Council meetings via Zoom would allow for an additional form of public participation and engagement during City Council meetings.
FISCAL IMPACT:
Should the Council provide direction to offer the ability to make public comments via Zoom during City Council meetings, an additional staff member would be needed to monitor and promote individuals to presenter status when members of the public request to speak.
ALTERNATIVES:
Option 1 - Offer Zoom as an additional form or public participation during City Council meetings.
Option 2 - Do not offer Zoom as an additional for public participation during City Council meetings.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
851
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Doug Schulze, City Manager
John Pinkney, City Attorney
MEETING DATE: January 14, 2025
SUBJECT: City Litigation Update
RECOMMENDATION:
Receive and file.
BACKGROUND:
Report on pending litigation involving the City of Banning attached.
JUSTIFICATION:
Per Council Request.
FISCAL IMPACT:
Not Applicable.
ALTERNATIVES:
Not Applicable.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. November Claim Report Redacted.pdf
852
Date of Loss
Master Claim
Number
Claim Type Description Cause Description
Claim Request
Amount
Department
Date
Reported
Date
Opened
12/28/2018 200-BA2011 Litigated Employment Practices Retaliation, discrimination & harassment Unknown POLICE 11/22/2019 11/22/2019 6/15/2021 21-159604 Litigated Other Property Damag During a search warrant, seizure of $39,051.30. >$10,000 - Unlimited POLICE 12/8/2021 12/9/2021 7/7/2022 22-168512 Litigated Other Personal Inj Tried missing a pothole and hit a guardrail and flipped over. >$10,000 - Unlimited PUBLIC WORKS 12/13/2022 12/14/2022 6/3/2022 23-169563 Litigated Employment Practices Harassment and Retaliation Unknown POLICE 2/2/2023 2/6/2023 1/1/2021 23-169998 Employment Practices Liability Whistle-blowing, retaliation and discrimination. Unknown POLICE 1/4/2023 2/26/2023 12/9/2022 23-172226 Litigated Other Bodily Injury Claimant lost control of vehicle due to dangerous roads. Unknown PUBLIC WORKS 5/23/2023 6/6/2023 9/7/2023 23-174272 Litigated Employment Practices Dates are multiple and continuing to present; retaliation, discrimination, harassment. Unknown POLICE 9/8/2023 9/12/2023 5/17/2022 23-174273 Employment Practices Liability Complaint reported 9-7-23. Unknown POLICE 9/8/2023 9/12/2023 10/13/2023 23-175126 Employment Practices Liability Due to disability denied promotion. Unknown POLICE 10/19/2023 10/23/2023 6/29/2023 23-175133 Employment Practices Liability Complaining again about Deusenberry for retaliatory actions. Unknown POLICE 10/23/2023 5/4/2023 24-176622 Other Personal Injury No identifiable parking spot for the disabled. Unknown PUBLIC WORKS 1/4/2024 1/14/2024 10/31/2023 24-176714 Other Property Damage Wind caused tree branch to fall on roof. 5692.09 PUBLIC WORKS 1/16/2024 1/20/2024 12/18/2023 24-176715 Other Property Damage Edison Line fell on Banning utility line. 395 PUBLIC WORKS 1/16/2024 1/20/2024 9/7/2023 24-177551 OBI / Property Damage Was driving, entered the intersection, hit by Banning Police unit who was entering intersection Unknown POLICE 2/22/2024 2/28/2024 2/19/2024 24-178108 Employment Practices Liability Council member Flynn defamed and slander claimant on Facebook and other social media. Unknown ADMINISTRATION 3/20/2024 3/22/2024 1/23/2024 24-178149 Litigated Employment Practices Employment discrimination - disputing termination. Unknown PUBLIC WORKS 3/12/2024 3/25/2024 10/9/2023 24-178192 Other Bodily Injury Trip and fall on sidewalk, sustained injuries. >$10,000 - Unlimited PUBLIC WORKS 3/27/2024 3/27/2024 10/24/2023 24-178810 Other Bodily Injury Banning PD arrested without cause. >$10,000 - Unlimited POLICE 4/18/2024 4/25/2024 11/25/2023 24-179405 Other Bodily Injury Attacked by French Bulldog with a record of previous attacks. >$10,000 - Unlimited ANIMAL CONTROL 5/23/2024 5/27/2024 5/13/2024 24-179956 Other Property Damage Cable wire to the transformer fell on fence and caught fire. >$10,000 - Unlimited PUBLIC WORKS 6/18/2024 6/22/2024 3/2/2024 24-180060 Other Bodily Injury Passenger on bus that was going too fast and sustained injuries. Unknown PUBLIC TRANSIT 6/27/2024 1/30/2024 24-180233 Other Property Damage Wrongfully taken into custody (separate claim against Riverside County. Unknown POLICE 7/2/2024 7/7/2024 5/13/2024 24-180895 Other Property Damage Light pole in Alley behind home caught on fire. Unknown FIRE 6/11/2024 8/5/2024 7/22/2024 24-181831 Other Property Damage City water main leak cause damage to property. Unknown PUBLIC WORKS 9/4/2024 9/18/2024 8/30/2024 24-182716 Other Property Damage Overgrown olive trees limbs broke and fell on car. Unknown PUBLIC WORKS 10/31/2024 11/4/2024 7/26/2024 24-182871 Other Bodily Injury Three Banning PD during arrest caused injuries. Unknown POLICE 11/7/2024 11/12/2024 TOTAL ACTIVE: 26
Previous Update (September): 28
853
CLAIM PENDING CLOSURE / CLOSED:
1/6/2024 24-180386 OBI / Property Damage Dangerous road conditions, caused collision of motor cycle into parked car. PUBLIC WORKS 7/8/2024 7/11/2024 1/20/2024 24-179914 Other Bodily Injury Passenger in car that flew off cliff, rolled several times. PUBLIC WORKS 6/18/2024 6/20/2024 9/24/2023 24-179271 Litigated Other Property Damag Spayed & rabies shot to be included in adoption cost reimbursement. ANIMAL CONTROL 5/16/2024 5/18/2024 10/11/2021 22-163787 Litigated Other Bodily Injury Slipped on tree clippings in the street. >$10,000 - Unlimited PUBLIC WORKS 4/12/2022 5/10/2022 6/7/2023 23-172520 Other Property Damage City of Banning employee backed out of stall hit claimant. 1521.15 ELECTRIC 6/20/2023 6/21/2023 5/5/2024 24-181162 Other Property Damage Tree branch fell and damaged wrought iron fence. Unknown PUBLIC WORKS 8/13/2024 8/15/2024 8/5/2024 24-181605 Other Property Damage fire in transformer knocking out electricity to homes. Unknown PUBLIC WORKS 8/29/2024 9/5/2024 854
EXCLUSIVE NEGOTIATING AGREEMENT
This EXCLUSIVE NEGOTIATING AGREEMENT ("ENA") is dated as of July 10, 2024 and is entered into by and between the CITY OF BANNING ("City") and Investel Development, LLC ("Developer"). The City and the Developer are sometimes individually referred to herein as a "Party" and are sometimes collectively referred to herein as the "Parties."
RECITALS
A. The City owns the land in the City of Banning, California described on Exhibit "A" (the Property) and desires to invite the Developer to propose a development plan for a mixed use of Hotel and Apartment/Retail project on the Property (the "Project").
B. The City intends to incur significant costs in negotiating and preparing a disposition and development agreement or "DDA".
C. The Developer has therefore requested that the City negotiate with the Developer on an exclusive basis for a specified period of time to establish the terms and conditions of the DDA.
D. It is anticipated that during the term of this ENA, City staff and consultants and attorneys of the City will devote substantial time and effort in meeting with the Developer and its representatives and consultants, reviewing proposals, plans and reports, negotiating and preparing and revising the DDA, obtaining consultant advice and reports including an appraisal.
NOW, THEREFORE, The Developer has proposed the follows:
1. The term of The ENA shall commence on the date hereof and shall end on the earlier of: (i):
December 31, 2024, or (ii) the date on which the City of the Developer terminates this ENA provided in Sections 2 below (the "ENA Period").
2. The City Manager may terminate this ENA by written notice to the Developer if the Developer should fail to comply with or perform any material provisions of this ENA and such failure is not cured within thirty (30) days after City Manger's delivery of written notice to the Developer ( or such other period of time if such failure cannot by its nature be cured within such thirty (30) day period, so long as Developer diligently proceeds with efforts to cure such failure), or if reasonable progress is not being made in negotiations hereunder as determined by the City Manager in good faith. The Developer may terminate this ENA by written notice to the City if the Developer determines that it does not wish to pursue the Project any further.
3. During the ENA Period, the City shall not negotiate with any person or entity other than the Developer for the sale, lease, or development of the Property.
4. City must comply with California's surplus property statutes (Government Code Sections 54220-54234). City shall be solely responsible for all costs associated with the negotiation with California state.
Docusign Envelope ID: 8FABC529-4083-4AF5-AAC2-BCFB3C55156D 80155
5. City shall agree to convey the Property to Developer at no cost to Developer and Developer will agree to accept such conveyance.
6. The City shall confirm that the CEQA/EIR process is not a requirement for Project entitlement if the total site area of the Project is under five (5) acres.
7. City has provided to Developer phase one environment report and will be responsible for all costs associated with preparation of the report.
8. City has provided to Developer ALTA land title survey and will be responsible for all costs associated with preparation of the survey.
9. Developer desires to have the flexibility to merge and redivide the parcel within the parcel 1, 2, 3, and 4 boundaries (see EXHIBIT A).
10. City has confirmed that N. Alessandro St. does not need to be kept as a public through street on the Property.
11. City shall confirm that all utility lines are ready to be connected to the Property, and the capacity is sufficient. City shall be solely responsible for payment of all fees and charges in case ofpublic utility line upgrade is needed.
12. In connection with the initial operation of the Project, to assist in creating future financial feasibility necessary to allow the operation of the project to proceed, the Developer has proposed certain financial assistance from the City including the rebates of a portion of the Transient Occupancy Tax Revenues and Sales Tax Revenues generated by the Project.
13. City shall provide to the Developer copies of all currently written information regarding the Property in its processions, to the extent not previously delivered to the Developer and to the extend material to the Property or Project and not subject to the attorney-client attorney workproduct privilege.
14. The Parties understand and agree that no Party is under any obligation whatsoever to approve or enter into the DDA, and that notwithstanding its approval of this ENA, each party shall have the right to disapprove the DDA, its sole and absolute discretion, and in that regard, the Developer hereby expressly agrees that City shall not be bound by any implied covenant of good faith and fair dealing in connection with such approval or disapproval of any of the DDA.
In the event of the expiration or earlier termination of this ENA, the City shall be free to negotiate with any persons or entities with respect to Property.
15. The Developer shall indemnify, defend, and hold the City and its officers, directors, members, employees, agents and contractors harmless from any and all claims, liabilities, losses, damages, costs and expenses relating to or arising out of this ENA or the Developer's failure to perform any obligation of the Developer under this ENA, or any challenges to the validity
Docusign Envelope ID: 8FABC529-4083-4AF5-AAC2-BCFB3C55156D 80256
of this ENA. The Developer's obligations under the preceding sentence shall survive the expiration or earlier termination of this ENA.
16. The Developer represents and warrants that its undertakings pursuant to this ENA are for the purpose of development of the Property and not for speculation in land, and the Developer recognized that, in view of the importance of the development of the Property to the general welfare of the community, the qualifications and identity of the Developer and its principals are of particular concern to the City; therefore, this ENA may not be assigned by the Developer without the prior express written consent of the City Manager in his sole and absolute discretion. However, the City acknowledges that the Developer may intend to form a new entity to be party to the DDA, and Developer may do so provided that such new entity is controlled and majority-owned by Developer or by owners of Developer, and provided, further, that the Developer first delivers to City a copy of new entity's organizational documents and any amendments thereto, and any other documents necessary for the City to confirm compliance with the foregoing ownership and control conditions.
17. Any notice, request, approval or other communication to be provided by one Party to the other shall be in writing and provided by certified mail, return receipt requested, or a reputable overnight delivery service and addressed as follows:
Developer:
City:
SCG America
12966 Euclid Street Suite 300
Garden Grove, CA 92840
City of Banning
99 E. Ramsey Street
Banning, CA 92220
Attn: City Manager
Notice shall be deemed delivered: (i) if sent by certified mail, then upon the date of delivery or attempted delivery shown on the return receipt; or (ii) if delivery by overnight delivery service, then one ( 1) business day after delivery to the service as shown by records of the service.
18. This ENA constitutes the entire agreement of the Parties hereto with respect to the subject matter hereof. There are no agreements or understandings between the Parties and no representations by either Party to the other as an inducement to enter into this ENA, except as may be expressly set forth herein, and any and all prior discussions and negotiations between the Parties are superseded by this ENA.
19. This ENA may not be altered, amended or modified except by a writing duly authorized and executed by all Parties.
Docusign Envelope ID: 8FABC529-4083-4AF5-AAC2-BCFB3C55156D 80357
20. No provision of this ENA may be waived except by an express written waiver duly authorized and executed by the waiving Party.
21. If any Party should bring any legal action or proceeding relating to this ENA or to enforce any provision hereof, the Party in whose favor a judgment or decision is rendered shall be entitled to recover reasonable attorneys' fees and expenses from the other. The Parties agree that any legal action shall be filed in and shall occur in the County of Los Angeles.
22. The interpretation and enforcement of this ENA shall be governed by the laws of the State of California.
23. Time is of the essence of each and every provision hereof in which time is a factor.
24. This ENA may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same ENA. Executed counterparts of this ENA may be delivered electronically by email to: [email protected] (for City) and to [email protected] (for Developer).
IN WITNESS WHEREOF, the Parties hereto have executed this ENA as of the day and year first written above.
CITY:
CITY OF BANNING
Douglas Schulze, City Manager
ATTEST:
Ca�'3Tf�� p';ii:ton, Deputy City Clerk
APPROVED AS TO FORM:
2 8
Serita R. Young, City Attorney
Richards, Watson & Gershon
DEVELOPER:
INVESTEL DEVELOPMENT, LLC
4��
Danny Yinfeng Wei, Executive Vice President
mailto:dschulze@banni mailto:kenhao.hsu@scgam
ngca.gov erica.com
Docusign Envelope ID: 8FABC529-4083-4AF5-AAC2-BCFB3C55156D 7/11/2024
7/12/2024
7/12/2024
7/29/2024
80458
EXHIBIT "A"
LEGAL DESCRIPTION
BEFORE LOT LINE ADJUSTMENT
PARCEL 1 (APN 541-181-032)
LLA 21-5001
PARCEL 1 OF PARCEL MAP NO. 36285 AS SHOWN BY MAP ON FILE IN BOOK 238 OF PARCEL MAPS AT PAGES 24 THROUGH 25, INCLUSIVE THEREOF, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LYING WITHIN SECTION 10, TOWNSHIP 3 SOUTH, RANGE 1 EAST, SAN BERNARDINO MERIDIAN.
CONTAINING 2.48 ACRES.
PARCEL 2 (APN 541-181-033)
PARCEL 2 OF PARCEL MAP NO. 36285 AS SHOWN BY MAP ON FILE IN BOOK 238 OF PARCEL MAPS AT PAGES 24 THROUGH 25, INCLUSIVE THEREOF, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LYING WITHIN SECTION 10, TOWNSHIP 3 SOUTH, RANGE 1 EAST, SAN BERNARDINO MERIDIAN.
CONTAINING 0.83 ACRE.
SEE PLAT ATTACHED HERETO AS EXHIBIT "B" AND MADE A PART HEREOF.
PREPARED UNDER MY SUPERVISION
PREPARED BY: :/'n
CHECKED BY: �
G: \2018\18-0271 \Drawings\Mapping\LLA \18-0271 LLA BEFORE LEGAL DESCS.doc Albert A. Webb Associates Docusign Envelope ID: 8FABC529-4083-4AF5-AAC2-BCFB3C55156D 80559
PARCEL A
EXHIBIT "A"
LEGAL DESCRIPTION
AFTER LOT LINE ADJUSTMENT
LLA 21-5001
PORTIONS OF PARCELS 1 AND 2 OF PARCEL MAP NO. 36285 AS SHOWN BY MAP ON FILE IN BOOK 238 OF PARCEL MAPS AT PAGES 24 THROUGH 25,
INCLUSIVE THEREOF, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LYING WITHIN SECTION 10, TOWNSHIP 3 SOUTH, RANGE 1 EAST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 2,
SAID CORNER BEING ON THE SOUTHERLY RIGHT OF WAY OF RAMSEY STREET (WIDTH VARIES);
THENCE SOUTH 89°35'53" EAST ALONG THE NORTHERLY LINE OF SAID PARCEL 2 AND ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 19.27 FEET TO AN ANGLE POINT THEREON;
THENCE NORTH 45°15'40" EAST CONTINUING ALONG SAID NORTHERLY LINE OF PARCEL 2 AND SAID RIGHT OF WAY LINE, A DISTANCE OF 23.98 FEET TO AN ANGLE POINT THEREON;
THENCE SOUTH 89°35'53" EAST CONTINUING ALONG SAID NORTHERLY LINE AND SAID RIGHT OF WAY LINE, A DISTANCE OF 9.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHERLY LINE OF PARCEL 2 AND SAID SOUTHERLY RIGHT OF WAY LINE SOUTH 00°
00'00" EAST, A DISTANCE OF 288.80
FEET TO THE SOUTHERLY LINE OF SAID PARCEL 1;
THENCE SOUTH 89°
46'39" EAST ALONG SAID SOUTHERLY LINE, A
DISTANCE OF 222.77 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL 1,
SAID CORNER BEING ON THE WESTERLY RIGHT OF WAY LINE OF MARTIN STREET (30.00 FEET IN WESTERLY HALF WIDTH);
THENCE NORTH 00°
07'55" EAST ALONG THE EASTERLY LINE OF SAID
PARCEL 1 AND ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 279.19 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 1, SAID POINT BEING ON SAID SOUTHERLY RIGHT OF WAY LINE OF RAMSEY STREET;
G:\2018\18-0271\Drawings\Mapping\LLA \18-0271 ILA AFTER LEGAL DESCS REV.doc Albert A. Webb Associates Docusign Envelope ID: 8FABC529-4083-4AF5-AAC2-BCFB3C55156D 80660
THENCE NORTH 65°
32'39" WEST ALONG THE NORTHEASTERLY LINE OF
SAID PARCEL 1 AND SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 21.85 FEET TO THE NORTHERLY LINE OF SAID PARCEL l;
THENCE NORTH 89°
35'53" WEST ALONG SAID NORTHERLY LINE AND
ALONG SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 203.52 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 1.48 ACRES, MORE OR LESS.
PARCELB
PORTION OF PARCELS 1 AND 2 OF PARCEL MAP NO. 36285 AS SHOWN BY MAP ON FILE IN BOOK 238 OF PARCEL MAPS AT PAGES 24 THROUGH 25,
INCLUSIVE THEREOF, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LYING WITHIN SECTION 10, TOWNSHIP 3 SOUTH, RANGE 1 EAST, SAN BERNARDINO MERIDIAN, DESCRIBEDAS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 2, SAID
CORNER BEING ON THE SOUTHERLY RIGHT OF WAY OF RAMSEY STREET (WIDTH VARIES);
THENCE SOUTH 89°35'53" EAST ALONG THE NORTHERLY LINE OF SAID PARCEL 2 AND ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 19.27 FEET TO AN ANGLE POINT THEREON;
THENCE NORTH 45°15'40" EAST CONTINUING ALONG SAID NORTHERLY LINE OF PARCEL 2 AND SAID RIGHT OF WAY LINE, A DISTANCE OF 23.98 FEET TO AN ANGLE POINT THEREON;
THENCE SOUTH 89°
35'53" EAST CONTINUING ALONG SAID NORTHERLY
LINE AND SAID RIGHT OF WAY LINE, A DISTANCE OF 9.00 FEET;
THENCE LEAVING SAID NORTHERLY LINE AND SAID RIGHT OF WAY LINE SOUTH 00°00'00" EAST, A DISTANCE OF 288.80 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 1;
THENCE NORTH 89°46'39" WEST ALONG SAID SOUTHERLY LINE OF PARCEL 1, A DISTANCE OF 669.26 FEET TO THE SOUTHWESTERLY CORNER THEREOF; THENCE NORTH 0
°06'51" EAST ALONG THE WESTERLY LINE OF SAID
PARCEL 1, A DISTANCE OF 17.12 FEET TO AN ANGLE POINT THEREON;
G:\2018\18-0271\Drawings\Mapping\LLA\18-0271 LLA AFTER LEGAL DESCS REV.doc Albert A. Webb Associates Docusign Envelope ID: 8FABC529-4083-4AF5-AAC2-BCFB3C55156D 80761
THENCE SOUTH 89°46'41" EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 29.01 FEET TO AN ANGLE POINT THEREON;
THENCE NORTH 0
°
07'01" EAST ALONG SAID WESTERLY LINE, A DISTANCE
OF 94.50 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL 1; THENCE NORTH 90°
00'00" EAST ALONG THE NORTHERLY LINE OF SAID
PARCEL 1 AND ALONG THE SOUTHERLY LINE OF PARCEL 3 AND 4 OF SAID PARCEL MAP, A DISTANCE OF 594. 72 FEET TO THE SOUTHEASTERLY CORNER THEREOF;
THENCE NORTH 0
°
00'00" WEST ALONG THE EASTERLY LINE OF SAID
PARCEL 3, A DISTANCE OF 158.02 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.84 ACRES, MORE OR LESS.
SUBJECT TO ALL CONDITIONS, RESERVATIONS, RESTRICTIONS,
EASEMENTS, OFFERS OF DEDICATIONS, RIGHTS AND RIGHT OF WAYS OF RECORD, IF ANY.
SEE PLAT ATTACHED HERETO AS EXHIBIT "B" AND MADE A PART HEREOF.
PREPARED
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UNDER MY SUPERVISION
11�/zr MIClfAELRJOHNSON, L.S. 7673 DATE'
PREPARED BY: -;/'IJ
CHECKEDBY: �
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EXHIBIT "B"
LOT LINE ADJUSTMENT
LLA 21-5001
/ I �AMSEY STREET
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P.O.C. PAR A
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N89'46'39"W 892.03'
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111.93' PM 36285 100.60 PM 36285
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ASSOCIATES
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APN 541-481-032 NO BUILDINGS
669.2 6'
NCT06'51•E 17.12' N89'46'39"W 92. 8 0 3'
INTERSTATE 10 (ROUTE 10)
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DOCUMENT. ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DOCUMENT. 1-80271 SCALE: 1 "=80' 8��� �� ...ilL 8�tf 03111121 SUBJECT: LOT LINE ADJUSTMENT LLA 21 -5001 Docusign Envelope ID: 8FABC529-4083-4AF5-AAC2-BCFB3C55156D 81064
Secretary of State
Statement of Information
(Limited Liability Company)
IMPORTANT- This form can be filed online at
bizfile.sos.ca.gov.
Read instructions before completing this form.
Filing Fee - $20.00
LLC-12
Copy Fees - First page $1.00; each attachment page $0.50; Certification Fee - $5.00 plus copy fees
22-849171
FILED
In the office of the Secretary of State
of the State of California
MAR 08, 2022
This Space For Office Use Only
1. Limited Liability Company Name (Enter the exact name of the LLC. If you registered in California using an alternate name, see instructions.)
INVESTEL DEVELOPMENT LLC
2. 12-Digit Secretary of State Entity Number 3. State, Foreign Country or Place of Organization (only if formed outside of California)
202003410101 CALIFORNIA
4. Business Addresses
a. Street Address of Principal Office - Do not list a P.O. Box City (no abbreviations) State Zip Code 12966 Euclid Street , Suite 300 Garden Grove CA 92840
b. Mailing Address of LLC, if different than item 4a City (no abbreviations) State Zip Code 12966 Euclid Street , Suite 300 Garden Grove CA 92840
c. Street Address of California Office, if Item 4a is not in California City (no abbreviations) State Zip Code Do not list a P.O. Box
12966 Euclid Street , Suite 300 Garden Grove CA 92840
5. Manager(s) or Member(s) If no managers have been appointed or elected, provide the name and address of each member. At least one name and address must be listed. If the manager/member is an individual, complete Items 5a and 5c (leave Item 5b blank).
If the manager/member is an additional managers/members, enter the names(s) and address(es) on Form LLC-12A.
a. First Name, if an individual - Do not complete Item 5b Middle Name Last Name b. Entity Name - Do not complete Item 5a
SCG AMERICA CONSTRUCTION INC
c. Address City (no abbreviations)
12966 Euclid Street , Suite 300 Garden Grove
LLC-12 (REV 12/2021)
Suffix
State Zip Code
CA 92840
2021 California Secretary of State
bizfile.sos.ca.gov
Docusign Envelope ID: 8FABC529-4083-4AF5-AAC2-BCFB3C55156D 81165
6. Service of Process (Must provide either Individual OR Corporation.) INDIVIDUAL- Complete Items 6a and 6b only. Must include agent's full name and California street address. a. California Agent's First Name (if agent is not a corporation) Middle Name Last Name Suffix
DANNY YINFENG WEI
b. Street Address (if agent is not a corporation) - Do not enter a City (no abbreviations) State Zip Code P.O. Box
12966 Euclid Street , Suite 300 Garden Grove CA 92840
CORPORATION- Complete Item 6c only. Only include the name of the registered agent Corporation. c. California Registered Corporate Agent's Name (if agent is a corporation) - Do not complete Item 6a or 6b
7. Type of Business
Describe the type of business or services of the Limited Liability Company Hotel and Hospitality Holding Company
8. Chief Executive Officer, if elected or appointed
a. First Name Middle Name Last Name Suffix
b. Address City (no abbreviations)
9. Labor Judgment
Does a Manager or Member have an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code? State Zip Code
D Yes 0 No
10. By signing, I affirm under penalty of perjury that the information herein is true and correct and that I am authorized by California law to sign.
03/08/2022 DANNY YIN FENG WEI
Date Type or Print Name
LLC-12 (REV 12/2021)
MANAGER
Title
Signature
2021 California Secretary of State
bizfile.sos.ca.gov
Docusign Envelope ID: 8FABC529-4083-4AF5-AAC2-BCFB3C55156D 81266