Agenda packet, regular meeting, third session — Banning City Council, January 28, 2025 (part 1 of 5)

January 28, 2025
5:00 p.m.

In Chambers
Council Chambers
99 E. Ramsey Street
Banning, CA 92220

1. CALL TO ORDER

2. AGENDA APPROVAL

3. PRESENTATIONS

3.1 Proclamation for Black History Month

3.2 Proclamation February 2025 as American Heart Month

4. REPORT ON CLOSED SESSION

5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS AGENDA

CITY COUNCIL - REGULAR MEETING OF THE BANNING CITY COUNCIL

CITY OF BANNING, CALIFORNIA
The following information comprises the agenda for the regular meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.

Per the City of Banning Manual of Procedural Guidelines, matters taken up by the Council before 10 p.m. may be concluded, but no new matters shall be taken up except upon a majority vote of the council members present and voting. Such an extension shall only be valid for one hour and each hour thereafter shall require a renewed action for the meeting to continue.

1.1 INVOCATION
Performed by Pastor Nate Rodriguez of Infinite Center

1.2 PLEDGE OF ALLEGIANCE

1.3 ROLL CALL

2.1 AGENDA APPROVAL
Recommendation: Proclaim February 2025 Black History Month.

Recommendation: The City Council proclaim February 2025 as American Heart Month and encourage all Banning Residents to wear Red on National Wear Red day, Friday, February 7th, 2025.

John Pinkney, Interim City Attorney

5.1 PUBLIC COMMENTS

5.2 CORRESPONDENCE
City Council - Regular Meeting Agenda
January 28, 2025
1 6. CONSENT ITEMS

6.1 Approval of the Meeting Minutes for the January 14, 2025 City Council Meetings

6.2 Receive and File Police Department Statistics for the Month of December 2024

6.3 Receive and File Fire Protection Services Statistics for the Month of December 2024

6.4 Code Enforcement Update and Statistics for the Month of December 2024

6.5 Public Works Capital Improvement Project Tracking List

6.6 Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports for December 2024

6.7 City Council Travel and Conference Expense Report Year to Date Through December 2024

6.8 Consideration of Resolution 2025-01 UA, Approving an Agreement with G&G Environmental Compliance, of Riverside, California for Industrial Waste Program Management and Fats, Oils, and Grease (FOG) Inspections and Environmental Compliance Services in the Amount of $62,800 Annually and an Option to Extend Four Additional Years with a Not-to-Exceed $314,000

6.9 Consideration of Resolution 2025-09, Increasing the California Uniform Public Construction Cost Accounting Act (CUPCCAA) Bid Limit Amounts to Reflect the Changes As Passed by State of California Assembly Bill 2192

5.3 APPOINTMENTS
Planning Commission Appointments for Positions 1 & 2
Recommendation: Appoint up to two applicants to fill two vacancies in Positions 1 & 2 on the Banning Planning Commission.

Parks and Recreation Appointments for Positions 1 & 2
Recommendation: Appoint up to two applicants to fill two vacancies, Positions 1 & 2, on the Banning Parks and Recreation Commission.

5.4 CITY COUNCIL COMMITTEE REPORTS

5.5 CITY MANAGER'S REPORT

5.6 CITY ATTORNEY'S REPORT

5.7 CITY TREASURER'S REPORT
The following items have been recommended for approval and will be acted upon simultaneously, unless a member of the City Council/Banning Utility Authority/Successor Agency Board wishes to remove an item for separate consideration.

Recommendation: Approve the minutes of the January 14, 2025 City Council Meetings.

Recommendation: Receive and file.

Recommendation: Adopt Resolution 2025-01 UA.

Recommendation: Adopt Resolution 2025-09.

City Council - Regular Meeting Agenda
January 28, 2025
2 6.10Consideration of Resolution 2025-10, Approving the Acceptance of the 2025 Memorandum of Understanding (MOU) of Off-Duty Personnel at Special Events Between the City of Banning and the City of Indio

6.11Consideration of Resolution 2025-11, Approving Amendment #1 to Eide Bailly Year-End Close Services Contract to Increase Total Not-To-Exceed Amount from $75,000 to $125,000

6.12Consideration of Resolution 2025-12, Updating the Compensation for the City Clerk and City Treasurer

6.13Consideration of Resolution 2025-14, Authorizing the City Manager to Sign Lease Agreement for 555 S. 22nd Street

6.14Accept the Notices of Completion for San Gorgonio Substation Construction and the San Gorgonio Substation 12kV Extension Projects and Authorize the City Manager to Sign and the City Clerk to Record both Notices of Completion

7. PUBLIC HEARINGS

8. REPORTS OF OFFICERS

8.1 Updating the City Council on the Implications of the Santa Ana Regional Board (SARB) Including the City of Banning in its Total Maximum Daily Load (TMDL) Basin Plan Amendment

8.2 Consideration of Resolution 2025-13, Awarding a Professional Services Agreement for the Design of Hargrave Grade Separation to Kimley-Horn and Associates, Inc. in the amount of $7,929,775.06 and Approving a 5% Contingency for a Total Project Budget of “Not-toExceed” $8,326,263.81

9. DISCUSSION ITEMS

9.1 Discussion Regarding Utility Billing Issues and Efforts to Correct Errors and Bring Billing Current

10. ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS

11. ITEMS FOR FUTURE AGENDAS
Recommendation: Adopt Resolution 2025-10.

Recommendation: Adopt Resolution 2025-11.

Recommendation: Adopt Resolution 2025-12.

Recommendation: Adopt Resolution 2025-14.

Recommendation: Staff recommends that City Council accept the San Gorgonio Substation Construction and the San Gorgonio Substation 12kV Extension Projects as complete, authorize the City Manager to sign and the City Clerk to record the Notices of Completion for each project.

Recommendation: Discuss the background, staff efforts and consequences of the Santa Ana Regional Water Quality Control Board (SARB) including the City of Banning into their Total Maximum Daily Load (TMDL) Basin Plan Amendment and obtain direction on several options to dispute this action.

Recommendation: Adopt Resolution 2025-13.

Recommendation: Provide feedback and direction.

11.1 NEW ITEMS

11.2 EXISTING ITEMS
City Council - Regular Meeting Agenda
January 28, 2025
3 12. ADJOURNMENT

1. Update on Community Garden (Flynn)

2. Zencity Contract (Flynn)

3. Developer Presentation on Sunset Crossroads Project (Flynn)

4. Ongoing Billing Errors – Electric and Water (Flynn)

5. Contracting Animal Services (Flynn)

6. Code Enforcement Department Citations Process (Miller)

7. Existing Public Benefits Fund Accounting (Royce)

8. Emergency Preparedness (Barrington)

9. Changes to the Banning Procedural Manual (Royce)

10. Report on Fire Hydrants (Flynn)

11. Tree Trimming at Repplier Park and near Sun Lakes (Flynn) Next Regular Meeting – February 11, 2025
AFFIDAVIT • DECLARACIÓN JURADA
IT IS HEREBY CERTIFIED under the laws of the State of California that the above agenda was posted on the City's website (www.banningca.gov) as well as the Bulletin Board at Banning City Hall, located at 99 E Ramsey Street, Banning, CA 92220, at least 72 hours in advance of the meeting.
__________________________
Caroline Patton, Administrative City Clerk
Secretario adjunto de la ciudad
City Council - Regular Meeting Agenda
January 28, 2025
4 PUBLIC NOTICE • NOTICIA PÚBLICA
Meeting Agendas and Notices
Interested in receiving email and/or text notifications of upcoming City Council meetings? Sign up for meeting notifications through the City's website. Pursuant to amended Government Code §54957.5(b), staff reports and other public records related to open session agenda items are available on the City's website (www.banningca.gov/).

Public Comment
Agenda Items
Any member of the public may address this meeting of the City Council on any item appearing on the agenda. A five-minute limitation shall apply to each member of the public and no member of the public shall be permitted to share their time with any other person.

Non-Agenda Items
Any member of the public may address this meeting of the City Council on any item which does not appear on the regular meeting agenda but is of interest to the general public and is an item upon which the City Council may act. A three-minute limitation shall apply to each member of the public and no member shall be permitted to share their time with any other person. No action shall be taken, nor discussion held by the City Council, on any item which does not appear on the agenda, unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of §54954.2 of the Government Code.

Special Assistance/Accessibility Requests
In compliance with the Americans with Disabilities Act, any member of the public may request that the agenda and agenda packet be mailed to them. If you need special assistance to participate in this meeting (such as translation services), please contact the City Clerk's Office. Advanced notification of at least 48 hours prior to the meeting will allow the city to make arrangements to ensure your accessibility.
¿Necesita servicios de traducción para participar? Contacto Oficina del Secretario de la Ciudad.

CONTACT • CONTACTO
City Clerk's Office | 951-922-3102 | [email protected] 99 East Ramsey Street, Banning, California 92220
City Council - Regular Meeting Agenda
January 28, 2025
5 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: January 28, 2025
SUBJECT: Proclamation for Black History Month
RECOMMENDATION:

Proclaim February 2025 Black History Month.

BACKGROUND:

February is Black History Month.

JUSTIFICATION:

N/A
FISCAL IMPACT:

None
ALTERNATIVES:

N/A
BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Proclamation - Black History Month.pdf
6 City of Banning

OFFICE OF THE MAYOR
WHEREAS, the United States was established upon the profound but simple idea that all people are created equal and should be treated equally throughout their lives; and, WHEREAS, in 1926, Dr. Carter G. Woodson, a Harvard Scholar, established the observance of Black and African American History, to reveal the contributions, achievements, and involvement of Black and African American people in the development of our American democracy; and,
WHEREAS, Black and African Americans have made innumerable contributions that have enriched America and the lives of every American; and every American should acknowledge and express thankfulness for these contributions; and,
WHEREAS, throughout the arc of history to the present day, Black and African Americans have experienced and endured the inhumanity of injustices and inequities; and, WHEREAS, we must acknowledge and pay tribute to the generations of individuals who struggled with adversity, risked their lives for justice, fought a fight that at times seemed impossible to win, and continue to fight for equality; and, WHEREAS, Black and African Americans are engaged throughout our community as our friends and neighbors, scholars, teachers, business people, leaders, and contributors to our quality of life.

NOW THEREFORE, I, Sheri Flynn, Mayor of the City of Banning, do hereby proclaim the month of February 2025 as
Black History Month
BE IT PROCLAIMED this 28th day of January, 2025.

Sheri Flynn, Mayor
7 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 28, 2025
SUBJECT: Proclamation February 2025 as American Heart Month RECOMMENDATION:

The City Council proclaim February 2025 as American Heart Month and encourage all Banning Residents to wear Red on National Wear Red day, Friday, February 7th, 2025.

BACKGROUND:

Since December of 1963, February each year has been named American Heart Month to promote awareness of cardiovascular disease.

JUSTIFICATION:

Providing awareness and outreach for important causes, such as Cardiovascular Disease FISCAL IMPACT:

None
ALTERNATIVES:

None Provided
BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Proclamation - American Heart Month.pdf
8 City of Banning

OFFICE OF THE MAYOR
WHEREAS in the United States, cardiovascular disease, including heart disease, stroke and high blood pressure, is responsible for one out of every three deaths; and WHEREAS cardiovascular disease is the number one killer of both men and women, and it is the leading cause of serious illness and disability in the United States; and WHEREAS cardiovascular disease affects Americans across all backgrounds and nearly half of all adults have at least one risk factor and many of these individuals, who are at high risk, often do not know; and
WHEREAS in acknowledgement of the importance of the ongoing fight against cardiovascular disease, the Congress of the United States, by joint resolution on December 30, 1963, requested the President of the United States issue an annual proclamation designating February as “American Heart Month”; and
WHEREAS the National Heart, Lung and Blood Institute and other organizations around the country wear red on National Wear Red Day, celebrated on the first Friday in February to bring greater attention to heart disease as the leading cause of death for Americans; and WHEREAS the City of Banning understands the importance of education and outreach on the importance of combatting this disease; and
WHEREAS the City of Banning’s Parks and Recreation Department will be performing heart healthy outreach throughout the month of February 2025.

WHEREAS the parking lot lights in the Community Center will be lit up Red for the month of February as part of the Department’s outreach efforts.

NOW THEREFORE, the City Council of the City of Banning do hereby proclaim and designate the Month of February 2025, as
American Heart Month
BE IT PROCLAIMED this 28th day of January, 2025.

Sheri Flynn, Mayor
9 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: January 28, 2025
SUBJECT: Planning Commission Appointments for Positions 1 & 2 RECOMMENDATION:

Appoint up to two applicants to fill two vacancies in Positions 1 & 2 on the Banning Planning Commission.

BACKGROUND:

The Planning Commission’s rules and responsibilities are governed by Chapter 2.28 of the Municipal Code. The Commission’s two main functions are to review land development applications for compliance with the Zoning Code and to make recommendations to the City Council regarding large projects and changes to the General Plan or Zoning Ordinance.

The Banning Municipal Code Section 2.28.020 requires applications be made available and vacancies announced at least two months prior to the vacancy. The Planning Commission vacancies were advertised on the City’s website and across social media platforms starting in October 2024. Public Notices were published in the Record Gazette on October 11 and November 22, 2024. The final date to submit an application was Friday, December 20, 2024.

JUSTIFICATION:

Eight applications were received for the Planning Commission vacancies and are up for consideration:

Rhea Cardona
Kathleen Dale
Edward Dean
Gerry Phelps
Douglas Reynoldson
Cambria Richardson
Nathaniel Rodriguez
Marco Santana
The candidates will be interviewed in a Special Meeting - Workshop on January 28, 2025 beginning at 4:00 p.m. Staff recommend appointing two members to the City's Planning Commission from among these applicants.

FISCAL IMPACT:

Reopening the recruitment and maintaining vacancies on the City's Planning Commission may further delay projects across the City.

ALTERNATIVES:
10 City Council could choose to (1) appoint two applicants to the vacant positions; (2) appoint one applicant to a single position; or (3) appoint no applicants and direct staff to reopen the recruitment.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. PC Applications.pdf

2. Banning, CA Code of Ordinances Section 2.28.pdf

3. 2024 10 11_Affidavit - Notice of Vacancies.pdf

4. 2024 11 22_Affidavit - Notice of Vacancies.pdf
11 Rhea L Cardona
9098213433
[email protected]
9789 Sugar Pine Circle, Banning, Ca. 92220
54 years
I have lived in Banning, California for 54years. My mother was born here in Banning. I grew up in Palm Springs, Ca. My 3 adult children, 2 grandchildren and two great grand children have and are attending Banning Schools. I worked for Headstart 7 years as a parent coordinator working with families in the community. Worked as a Realtor for one year here in the Pass Area. Worked15 years for Desert Hospital and in the last 10 years while working at Desert Hospital I raised two grandchildren on my own and returned to school at College of the Desert to become a Registered Nurse at the age of 50 and a Bachelor Degree in Nursing at age 56. Retired from the Riverside County Hospital in Moreno Valley the of 63. Last September I have just recently semi 12 Comprehensive planning, review and advise the governing body on land use decisions, including zoning changes subdivision applications and development proposals and developing regulations. Reviewing and approving development plans and making recommendations to the city council. Environmental impact, traffic impact, public outreach and engagement. Citizen involvement is very important.

Providing adequate public services, overcrowding public schools, and housing shortages. Keeping Banning as a desirable area to live by keeping our housing that adequate to the surrounding and existing housing that will not devalue our homes.

Would the rezoning of a land parcel allow the construction of a 30 plus unit development give single housing unit in a higher valuation. No is the answer. Zoning is high on the list for Banning on my list. I need to know more and that is why being on the Planning Commission is very important to me.
13 14
15 16
17 Planning Commission Application Page 1 of 3

APPLICATION TO SERVE ON PLANNING COMMISSION
This application is to fill vacancies on the City of Banning Planning Commission.

The Planning Commission meets monthly on the
First Wednesday of each month at 5:30 p.m. Applications are due to the City Clerk’s Office no later than Friday, December 20, 2024.

Name
Phone
Email Address
Address
Are you currently employed? Yes No
Position Company
Length of Residency in Banning
Are you a registered voter? Yes No
Are you able to commit to reviewing and evaluating commission staff reports, which are typically lengthy and can be complex? Yes No Are you able to attend commission meetings at the regular meeting date and time, as well as possible special meetings, which occur from time-to-time?
Yes No
Information requested below will be used by the City Council as a screening process to determine which applicants will be interviewed for the Planning Commission. All applications and/or materials submitted for this purpose become a public record.

Ample space is provided. Please do not submit supplemental materials.

1. Tell us about your background, including education, work, and volunteer experience, civic involvement, and other experience relevant to this appointment.

Edward Charles Dean III
(951) 451-8470
[email protected]
4038 Hillside Drive, Banning, CA 92220
14 Years (2000-2008) (2018-Current)
Fourteen years of U.S. Army experience as a Personnel and Administration Specialist and Military Training Supervisor, specializing in land-use planning, resource allocation, and regulatory compliance. Proven ability to advise leadership on policies, zoning, and operational strategies while fostering inclusivity and public trust. Skilled in leading teams, mediating competing interests, and advancing sustainable, communitycentered urban planning solutions. Adept at forecasting trends to drive economic growth, environmental sustainability, and equitable resource access. Dedicated to applying planning expertise to enhance urban livability and operational efficiency. 18 Planning Commission Application Page 2 of 3

2. What types of major issues should the Planning Commission deal with?

3. Identify specific challenges and opportunities facing the City’s future growth and development. Explain how you feel they may be resolved (be specific):
- Guide Sustainable Urban Growth: Address long-term city development by balancing economic, residential, and environmental needs, ensuring responsible land-use, zoning regulations, and sustainable growth strategies that preserve the city’s cultural and aesthetic character.
- Promote Affordable Housing and Community Development: Review and recommend housing policies to meet community needs, support population growth, and foster vibrant neighborhoods through revitalization of underutilized spaces and development of inclusive, diverse housing options.
- Support Infrastructure and Transportation: Oversee infrastructure improvements that support population growth, enhance transportation systems, and ensure efficient utilities, while prioritizing public health, safety, and equitable access to resources. - Foster Economic and Environmental Resilience: Balance development initiatives with environmental preservation, historic preservation, and smart growth practices, ensuring economic development, environmental sustainability, and vibrant, resilient communities for future generations.

1. Housing Development and Affordability
Challenge: Growing demand for housing may affect affordability.

Opportunity: Promote affordable and mixed-use housing developments.

Resolution: Update housing policies and partner with developers to offer diverse housing options.

2. Economic Development and Job Creation
Challenge: Need to diversify the economy and create local job opportunities.

Opportunity: Attract businesses to boost local economic growth.

Resolution: Implement economic development plans, offer incentives, and improve infrastructure.

3. Public Safety and Crime Prevention
Challenge: Rising crime rates may concern residents.

Opportunity: Enhance public safety to improve quality of life.

Resolution: Invest in law enforcement, community policing, and crime prevention initiatives.

4. Infrastructure and Transportation
Challenge: Rapid growth may strain infrastructure and traffic.

Opportunity: Improve infrastructure to support expansion.

Resolution: Prioritize road expansions, public transit, and utility improvements. 19 Planning Commission Application Page 3 of 3
Additional Information About this Position
Per City of Banning Municipal Code Chapter 2.28, proof of residency shall be submitted at time of application to the Commission through voter registration or a utility bill at a physical address within city boundaries. Residency shall be confirmed prior to appointment and maintained throughout the term served. Applicants will be expected to attend a brief orientation session explaining the role of commissioners, the planning process, and the expectations of commissioners that are appointed. Please note that this a volunteer position. Members shall disclose interests in investments, real property, and income derived within the City of Banning or from sources doing business within the City of Banning. Filings are required within ten days of assuming office and on an annual basis. Members shall not work for the "pass" cities, which include Beaumont, Calimesa, and Riverside County in roles, such as economic development, planning, or redevelopment. Planning Commission shall hold no other municipal office in the city.

Members may not be employees of the city.

Per City of Banning Resolution 2012-67, you will be required to submit to a criminal background investigation, to include LiveScan fingerprinting, prior to appointment.

Please return to: City of Banning
City Clerk’s Office
99 E. Ramsey Street
PO Box 998
Banning, CA 92220
Return
by:

Friday, December 20, 2024
5:00 p.m.

Or email to: [email protected] Remember to sign your application.

Signature Date
20 -- ~ . --·. ---.. -

RECEIVED
NOV 2 7 2024
APPLICATION TO SERVE ON PLANNING CO anning
's Office
This application is to fill two impending vacancies on the City of Banning Planning Commission. The term of office will begin upon appointment and will expire on January 31, 2025. The Planning Commission meets monthly on the First Wednesday of each month at 5:30 p.m. Applications are due to the City Clerk's Office no later than Friday, November 29, 2024.

Name Gerry Cousins Phelps
Phone 951-267-1580
[email protected] Email Address
Address 1033 Pine Valley Road. Banning, CA 92220
Are you currently employed?
Position Retired
-----------
Length of Residency in Banning
Are you a registered voter?
D Yes
Company
9+ years
IZ:J Yes
~No
Are you able to commit to reviewing and evaluating commission IXI Yes staff reports, which are typically lengthy and can be complex? Are you able to attend commission meetings at the regular meeting date and time, as well as possible special meetings, (XI Yes which occur from time-to-time?
Information requested below will be used by the City Council as a screening process to determine which applicants will be interviewed for the Planning Commission. All applications and/or materials submitted for this purpose become a public record.

Ample space is provided. Please do not submit supplemental materials.

1. Tell us about your background, including education, work, and volunteer experience, civic involvement, and other experience relevant to this appointment.

I've held several executive positions in sales. At one time, I was the youngest and only female Sales Manager in the record business (six gold records for sales). I also worked extensively in theater and taught audition technique to trained actors in my own studio, IN THE MOMENT, Studio City, CA. I'm a published writer and produced playwright. When not pursuing the arts, I am a full time stock/options trader.

Past Treasurer of HOA in Sherman Oaks, CA. and volunteered on the Board of Directors of small corporation.

Planning Commission Application Page 1 of3 ~~
21 2. What types of major issues should the Planning Commission deal with? Banning has a General Plan. Like most small towns, it just "growed." I believe at this point, we are large enough for a Master Plan of Development. The Plannlng Commission has the crucial advisory role in such overall and wide-ranging harmonization especially in the approval processes and providing recommendations that influence the approval processes for developments, land use plans, and infrastructure investments, while avoiding any conflicts of interest. The key word here is harmonization.

3. Identify specific challenges and opportunities facing the City's future growth and development. Explain how you feel they may be resolved (be specific):

In implementing a vision or plan of action, special attention must be paid to zoning codes, i.e., approving or denying zoning codes, development plans, and variances.

To my mind a zoning code is a promise or an assurance that individual personal and corporate investments are protected. Arbitrarily changing codes is a serious matter and due considerable judiciousness as real estate values and the "look" of a community depend on them. This is true of a town, industrial park, recreation area, entertainment/cultural center, or residential community.

Civic/bureaucratic over-reach is often well intended, but must be overruled in all circumstances, if we want Banning to be a prideful beautiful place to live and work and not just a hodgepodge of this and that.

Planning Commission Application Page 2 of 3
22 Additional Information About this Position
Per City of Banning Municipal Code Chapter 2. 28, proof of residency shall be submitted at time of application to the Commission through voter registration or a utility bill at a physical address within city boundaries. Residency shall be confirmed prior to appointment and maintained throughout the term served. Applicants will be expected to attend a brief orientation session explaining the role of commissioners, the planning process, and the expectations of commissioners that are appointed. Please note that this a volunteer position. Members shall disclose interests in investments, real properly, and income derived within the City of Banning or from sources doing business within the City of Banning. Filings are required within ten days of assuming office and on an annual basis. Members shall not work for the ''pass" cities, which include Beaumont, Calimesa, and Riverside County in roles, such as economic development, planning, or redevelopment. Planning Commission shall hold no other municipal office in the city.

Members may not be employees of the city.

Per City of Banning Resolution 2012-67, you will be required to submit to a criminal background investigation, to include LiveScan fingerprinting, prior to appointment.

Please return to: City of Banning
City Clerk's Office
99 E. Ramsey Street
PO Box 998
Banning, CA 92220
Or email to: [email protected]
Planning Commission Application
Return
by:

Friday, November 29, 2024
5:00 p.m.

RernembertQ.sign yovr ~ppli,qation;
Date

Page 3 ends

23 Planning Commission Application Page 1 of 3

APPLICATION TO SERVE ON PLANNING COMMISSION
This application is to fill vacancies on the City of Banning Planning Commission. The term of office will begin upon appointment and .

The Planning Commission meets
monthly on the First Wednesday of each month at 5:30 p.m. Applications are due to the City Clerk’s Office no later than Friday, , 2024.

Ample space is provided. Please do not submit supplemental materials.

1. Tell us about your background, including education, work, and volunteer experience, civic involvement, and other experience relevant to this appointment.

Douglas Reynoldson
909-478-4517
[email protected]
721 N Sunset Ave Spc. #18 Banning, CA 92220
5 years
Agent/President DLR Real Estate Advisors
My back ground has been in management, real estate, and development for the past 30yrs. I sold many real estate projects throught out southern California and have been a part of many project management teams helping entitle both residential and commercial retail projects. I was a parks and recreation appointee for the City of Yucaipa and helped establish their downtown festivals. I was a board memeber for the Yucaipa Swim Team. I have worked closely with Habitat for Humanity and organized one of their golf tournaments several years ago. My education back ground; Crafton Hills College, Wayne State College and University of Nebraska Omaha. 24 Planning Commission Application Page 2 of 3

2. What types of major issues should the Planning Commission deal with?

3. Identify specific challenges and opportunities facing the City’s future growth and development. Explain how you feel they may be resolved (be specific):

Planning Commissioners are appointed to provide constructive devlopment guidance for projects brought before the commission that meet or exceed the City dvelopment standards and codes as well as all state and county development codes. The role of a planning commissioner should be to subjectively guide the applicant with design criteria based on the city vision and design codes. All planning commissioners should be able to desively provide the city council a well designed and thouroughly vetted project for them to make the final decison based on the communities wishes and vison. Planning commissioners should always keep the integrity of the city's residents future in mind at all times. Planning commissioners should be a voice of the community at large while guiding applicants and their projects through the process that they are entitled to do with their property.

The City of Banning is currently experiencing a growth of residential development and sitting on the cusp of bringing significant change to the pass area for future industy creating jobs and tax based revenues for the city with commercial retail development.

The city is poised to have significant change within the next 10 years and the challenges are what to do to manage the types of growth to ensure a sustainable local economy that supports the younger generations as well as the need for taking care of the older generations that have been here. This area is still considerd the affordable option for young families. Challenges with cities are best dealt with in my opinion if as many residents get involved as possible and are informed by the city staff and city council members however they can get those people engaged and informed. Communication between city staff, city council and planning commissioners is so critical to the growtrh challenges of a community. Without a cohesive line of subjective communication a city will struggel to devlop in the manner it needs to for its residents.
25 Planning Commission Application Page 3 of 3
Additional Information About this Position
Per City of Banning Municipal Code Chapter 2.28, proof of residency shall be submitted at time of application to the Commission through voter registration or a utility bill at a physical address within city boundaries. Residency shall be confirmed prior to appointment and maintained throughout the term served. Applicants will be expected to attend a brief orientation session explaining the role of commissioners, the planning process, and the expectations of commissioners that are appointed. Please note that this a volunteer position. Members shall disclose interests in investments, real property, and income derived within the City of Banning or from sources doing business within the City of Banning. Filings are required within ten days of assuming office and on an annual basis. Members shall not work for the "pass" cities, which include Beaumont, Calimesa, and Riverside County in roles, such as economic development, planning, or redevelopment. Planning Commission shall hold no other municipal office in the city.

Members may not be employees of the city.

Per City of Banning Resolution 2012-67, you will be required to submit to a criminal background investigation, to include LiveScan fingerprinting, prior to appointment.

Please return to: City of Banning
City Clerk’s Office
99 E. Ramsey Street
PO Box 998
Banning, CA 92220
Return
by:

Friday, , 2024
5:00 p.m.

Or email to: [email protected] Remember to sign your application.

Signature Date
26 27
28 29

RECEIVED
NOV 2 7 2024
City of Banning
Cit Clerk's Office

APPLICATION TO SERVE ON PLANNING COMMISSION
This application is to fill two impending vacancies on the City of Banning Planning Commission. The term of office will begin upon appointment and will expire on January 31, 2025. The Planning Commission meets monthly on the First Wednesday of each month at 5:30 p.m. Applications are due to the City Clerk's Office no later than Friday, November 29, 2024.

Name
Phone
Email Address
Address
Nathaniel Rodriguez
760.534.5559
[email protected]
6111 Knoll Place Banning, CA 92220
Are you currently employed? ~ Yes No
Position Project Manager . Company Palm Springs Unified School District Length of Residency in Banning 3 ears
Are you a registered voter? IS] Yes No
Are you able to commit to reviewing and evaluating commission (><I Yes staff reports, which are typically lengthy and can be complex? Are you able to attend commission meetings at the regular meeting date and time, as well as possible special meetings, I/XI Yes which occur from time-to-time?
Information requested below will be used by the City Council as a screening process to determine which applicants will be interviewed for the Planning Commission. All applications and/or materials submitted for this purpose become a public record.

Ample space is provided. Please do not submit supplemental materials.

1. Tell us about your background, including education, work, and volunteer experience, civic involvement, and other experience relevant to this appointment.

Born and raised in Banning, I left to pursue studies in Phoenix, where I earned an A.A. in Drafting from a tech school.

Three years ago, I returned to my hometown and currently work with the Palm Springs Unified School District in the Facilities Planning Department, overseeing budgets, project planning, strategic planning, collaboration and support with district staff, board agendas procedures, city and local jurisdictions, coordinate with architects, engineers, inspectors, contractor and testing and oversee school construction projects.

Beyond my professional role, I actively contribute to the community as a member of the Police Advisory Committee, founder of a new soccer club in the city. Additionally, I serve as the pastor of a new church plant that launched two years ago, fostering faith and connection in our community.

Planning Commission Application Page 1 of 3
30 2. What types of major issues should the Planning Commission deal with? Planning Commission should deal with a wide range of issues related to land use, urban development, and community planning. These issues are crucial for guiding sustainable growth and maintaining a balance between economic, environmental, and social needs.

Here are the major types of issues the Planning Commission should address:
- Land use and zoning
- Urban development and growth management
- Infrastructure and public facilities
- Environmental sustainability
- Housing and community development
- Economic development
- Historic preservation and cultural resources
- Public engagement and community input
- Transportation planning
- Legal and policy compliance
By addressing some of these issues, will have a better way of shaping the future of a community while ensuring sustainable and equitable development.

3. Identify specific challenges and opportunities facing the City's future growth and development. Explain how you feel they may be resolved (be specific):

1. Affordable Housing
Problem: Housing is too expensive for many residents.

Solution: Build more affordable units, convert unused buildings into housing, and partner with developers to create cost-effective homes.

2. Traffic and Transportation
Problem: Growing traffic and outdated transit systems.

Solution: Improve public transit, make streets more bike- and pedestrian-friendly, and use smart traffic systems to reduce congestion.

3. Environmental Concerns
Problem: Urban growth harms the environment and reduces green spaces.

Solution: Expand parks, promote eco-friendly building, and use green solutions like rain gardens and solar energy.

4. Economic Challenges
Problem: Overdependence on one industry or sector.

Solution: Attract diverse businesses, support small startups, and offer job training for new industries.

5. Aging Infrastructure
Problem: Roads, water systems, and utilities can't meet current needs.

Solution: Upgrade infrastructure using government funds and partnerships with private companies.

Opportunities and Actions

1. Downtown Revitalization
Opportunity: Improve neglected urban areas to attract businesses and residents.

Action: Build mixed-use developments, improve public spaces, and host events.

2. Smart Technology
Opportunity: Use technology to improve city services.

Action: Install smart devices for traffic and utilities, expand public Wi-Fi, and use data for better planning.

3. Community Involvement
Opportunity: Engage residents to shape the city's future.

Action: Host public meetings, use surveys for feedback, and form advisory groups.

4. Recreational Growth
Opportunity: Build parks, trails, and sports facilities to enhance quality of life.

Action: Plan for recreation needs, partner with sponsors, and promote natural resources.

5. Diversity
Opportunity: Embrace cultural and demographic diversity.

Action: Support minority-owned businesses, host cultural events, and plan inclusively for all groups.

Planning Commission Application Page 2 of 3
31 Additional Information About this Position
Per City of Banning Municipal Code Chapter 2.28, proof of residency shall be submitted at time of application to the Commission through voter registration or a utility bill at a physical address within city boundaries. Residency shall be confirmed prior to appointment and maintained throughout the term served. Applicants will be expected to attend a brief orientation session explaining the role of commissioners, the planning process, and the expectations of commissioners that are appointed. Please note that this a volunteer position. Members shall disclose interests in investments, real property, and income derived within the City of Banning or from sources doing business within the City of Banning. Filings are required within ten days of assuming office and on an annual basis. Members shall not work for the ''pass" cities, which include Beaumont, Calimesa, and Riverside County in roles, such as economic development, planning, or redevelopment. Planning Commission shall hold no other municipal office in the city.

Members may not be employees of the city.

Per City of Banning Resolution 2012-67, you will be required to submit to a criminal background investigation, to include LiveScan fingerprinting, prior to appointment.

Please return to: City of Banning
City Clerk's Office
99 E. Ramsey Street
PO Box 998
Banning, CA 92220
Or email to: [email protected]
Planning Commission Application
Return
by:

Friday,November29,2024
5:00 p.m.

Remember to sign your application.
22NOV24
Date

Page 3 of 3 ends

32 Planning Commission Application Page 1 of 3

APPLICATION TO SERVE ON PLANNING COMMISSION
This application is to fill vacancies on the City of Banning Planning Commission.

The Planning Commission meets monthly on the
First Wednesday of each month at 5:30 p.m. Applications are due to the City Clerk’s Office no later than Friday, December 20, 2024.

Ample space is provided. Please do not submit supplemental materials.

1. Tell us about your background, including education, work, and volunteer experience, civic involvement, and other experience relevant to this appointment.

Marco Santana
9513339921
[email protected]
957 E George St, Banning CA 92220
31 years
Program Director Nonprofit
I was born and raised in Banning, attending Banning High and developing a deep appreciation for community and service. After earning my Master of Education from UCR, I remained committed to making a meaningful impact in my hometown. At Faith in Action of the San Gorgonio Pass, I’ve worked to connect low-income and at-risk residents to healthcare, social services, and workforce development opportunities while securing funding to support programs that empower families. My engineering experience with Project Farma strengthened my skills in managing complex projects and coordinating diverse teams, giving me a unique, results-driven approach. 33 Planning Commission Application Page 2 of 3

2. What types of major issues should the Planning Commission deal with?

3. Identify specific challenges and opportunities facing the City’s future growth and development. Explain how you feel they may be resolved (be specific):

As a Planning Commissioner, I will ensure that decisions about land use and the General Plan reflect our community’s needs and values while continuing to build on the progress Banning has already made. Thoughtful planning is essential to fostering growth that strengthens our infrastructure, supports local businesses, and enhances the quality of life for residents. My focus will include expanding housing opportunities for families and homeowners, encouraging small businesses and projects that bring value and joy to our community, and investing in infrastructure like public spaces and transit that make our city more connected and livable. By balancing property rights with careful planning and providing thoughtful feedback on projects, we can guide Banning’s growth in a way that is sustainable, equitable, and aligned with the character and aspirations of our community.

Banning is at a pivotal moment in its growth, with opportunities to build on its progress toward economic revitalization while addressing challenges like retaining local talent, supporting small businesses, and creating spaces that enhance community connection. One challenge is ensuring that local, home-grown businesses and organizations have the support needed to thrive. By fostering partnerships and prioritizing projects that bring value and joy to residents—such as revitalizing downtown spaces or creating mixed-use developments—we can strengthen the local economy and improve quality of life. Another challenge is balancing development with the community's needs and values. Thoughtful planning is critical to ensuring that proposals align with what residents want while addressing infrastructure needs like walkable public spaces and reliable transit. As a Planning Commissioner, I would approach projects with a critical but fair perspective, offering thoughtful feedback to maximize their benefit and ensure they support long-term sustainability. By prioritizing initiatives that encourage economic growth, support local talent, and create pride in our city, Banning can continue building a vibrant and resilient future. 34 Planning Commission Application Page 3 of 3
Additional Information About this Position
Per City of Banning Municipal Code Chapter 2.28, proof of residency shall be submitted at time of application to the Commission through voter registration or a utility bill at a physical address within city boundaries. Residency shall be confirmed prior to appointment and maintained throughout the term served. Applicants will be expected to attend a brief orientation session explaining the role of commissioners, the planning process, and the expectations of commissioners that are appointed. Please note that this a volunteer position. Members shall disclose interests in investments, real property, and income derived within the City of Banning or from sources doing business within the City of Banning. Filings are required within ten days of assuming office and on an annual basis. Members shall not work for the "pass" cities, which include Beaumont, Calimesa, and Riverside County in roles, such as economic development, planning, or redevelopment. Planning Commission shall hold no other municipal office in the city.

Members may not be employees of the city.

Per City of Banning Resolution 2012-67, you will be required to submit to a criminal background investigation, to include LiveScan fingerprinting, prior to appointment.

Please return to: City of Banning
City Clerk’s Office
99 E. Ramsey Street
PO Box 998
Banning, CA 92220
Return
by:

Friday, December 20, 2024
5:00 p.m.

Or email to: [email protected] Remember to sign your application.

Signature Date
35 A.

1. 2.

3. 4.

5. D.

Chapter 2.28 - PLANNING COMMISSION

2.28.010 - Planning commission—Membership requirements.

Members of the planning commission shall be residents of the City of Banning who hold no other municipal office in the city. Members may not be employees of the city.

Proof of residency shall be submitted at time of application to the commission through voter registration, utility bill at a physical address within the city boundaries. Residency shall be confirmed prior to appointment and maintained throughout the term served. (Code 1965, § 2-5.)

2.28.020 - Term and vacancies.

The planning commission shall consist of five members.

Planning commissioners shall serve four-year terms, which shall be staggered every two years concurrent with the city elections. Appointments shall be made by the city council. Applications shall be made available and the closing date announced at least two months prior to the expiration of the commissioner's term to be filled.

In order to re-set the terms of office of planning commissioners consistent with paragraph (b) above, commencing January 2021, the city council shall appoint members of the planning commission, whether newly appointed or as reappointed members, to one of the following five numbered positions:

Position 1. The term of office for Position 1 will begin February 1, 2021, and expire on January 31, 2025.

Position 2. The term of office for Position 2 will begin February 1, 2021, and expire on January 31, 2025.

Position 3. The term of office for Position 3 will begin February 1, 2021, and expire on January 31, 2023.

Position 4. The term of office for Position 4 will begin February 1, 2021, and expire on January 31, 2023.

Position 5. The term of office for Position 5 will begin February 1, 2021, and expire on January 21, 2023.

Upon the expiration of each term of office specified in paragraph C, persons appointed or reappointed to the Position shall serve for a succeeding four-year term measured from the expiration of the prior term of that position. In the event the city council has not completed the appointment process by February 1 of each odd number year to fill the terms of positions that 36 E.

B.
are to commence on February 1 of that year, the predecessor's term of office for that position is automatically extended until the date that the successor has been appointed and sworn into office.

Members shall serve at the pleasure of the council and may be removed at any time by a majority vote of the entire council.

Any member who is unexcused for two consecutive regular meetings of the commission or six meetings within a twelve-month period, whether the six meetings are excused or not, will be deemed to have forfeited his or her office and the city council may appoint a new member to serve in the commissioner's position for the remainder of their term.

To be excused from any such meeting, a member shall notify the planning department, at least forty-eight hours prior to any such meeting that the member will not be in attendance at the upcoming meeting. If a member is unable to attend due to illness, injury or family matters, an oral statement made proving that specific reason by the member at the next regular meeting of the commission shall constitute an excused absence.
(Code 1965, § 2-6.)
(Ord. No. 1569, § 1, 9-22-20)

2.28.030 - Compensation.

Members of the planning commission shall not receive compensation; reasonable traveling expenses to and from conferences and/or special field trips and training sessions shall be reimbursed.

Upon authorization by the city manager, the planning commission and members of its staff, may attend city planning conferences or meetings, or hearings on city planning legislation, or matters affecting the planning of the city. The reasonable expenses of such attendance shall be charged upon the funds allocated to the commission.

All fundings shall be established through the City of Banning budget, which shall be approved by the city council.
(Code 1965, § 2-7.)

2.28.040 - Rules of procedure.

A quorum of the planning commission shall consist of a majority of the members (including any vacancies). A quorum must be present in order for the planning commission to hold a meeting.

In the event that only three commissioners are present, any actions recommending amendment to the Municipal Code or general plan must be unanimous; all other actions would require a majority vote of the commission in attendance. A tie vote shall constitute a denial of the matter or request brought before the planning commission.
37 C.

1. 2.

3. C.

1. 2.

3. 4.

5. D.

The commission shall adopt rules for the transaction of business and shall keep a record of its transactions, findings, and determinations. The Brown Act and "Robert's Rules in Plain English" by Doris P. Zimmerman (Harper Perennial) shall be incorporated into such rules.

The commission shall follow all applicable city fiscal and administrative policies and procedures. (Code 1965, § 2-8.)

2.28.050 - Duties and responsibilities.

The planning commission shall exercise those functions of the planning agency of the city delegated to it in the Banning Municipal Code.

At the regular February meeting, the planning commission shall choose a chairperson and a vicechairperson from among the planning commission members. The chairman and vice-chairman shall serve for one term. Both positions shall rotate every year.

The chairperson shall preside at all regular and special meetings and rule on all points of order and procedure during the meetings.

The vice-chairperson shall assume all duties of the chairperson in his or her absence.

In the event the chairperson and vice-chairperson are both absent, an acting chairperson shall be appointed from the commission for the meeting from those present.

The planning commission's scope of responsibility is to:

Prepare, review, adopt, and recommend to the city council for its adoption, a long range, comprehensive general plan to guide future physical development and conservation of the city and its adjoining environs based on geographic, social, economic and political characteristics of the community;
Prepare, review, adopt and recommend to the city council for its adoption of special area specific plans for identifiable areas, wherein more detailed guidelines are needed to supplement the objectives of the general plan;
Review development applications submitted to the city for consistency with adopted plans and ordinances. Approve or deny applications when final authority is granted to the planning commission by the Municipal Code. Make a recommendation on those actions for which the city council is the final reviewing approval body;
Act as the appeal body on decisions made by the community development director; Perform such other functions and duties as the city council may from time to time direct and/or provide within the Banning Municipal Code.
38 E.

1. 2.

3. 4.

5. 6.

7. 8.

9. The commission may form ad-hoc subcommittees in accordance with the Brown Act, and make appointments to that subcommittee, as it deems necessary. A quorum of commission members may not be appointed to serve in a single subcommittee. Before forming a subcommittee, the commission shall establish a specific mission and term for the subcommittee.

The planning commission is an important function within the City of Banning, and as such, certain expectations are held by the city council in making the appointment of individuals to the commission. These expectations include the following:

Commissioners will attend all regular meetings and special meetings as they arise; Commissioners will communicate expected and unexpected absences to the planning department, prior to the meeting;
Commissioners will communicate any potential conflicts of interest on agenda items to the planning department in advance of the hearing to allow confirmation of a quorum; Commissioners will arrive on time to each meeting, fully participate, and remain in attendance until the end of each meeting;
Commissioners will prepare themselves for each meeting by reading the agenda, reports and other materials, and visiting the site, as necessary, and communicate any questions to the secretary in advance of the hearing. Pursuant to Resolution 2000-41, if a commissioner visits the site prior to a hearing on the matter, the commissioner shall disclose at the hearing such evidence and observation gathered during the site visit; Commissioners are encouraged to attend the annual planner's institute (Monterey and Southern California) or an equivalent planning training program given by a University of California campus (or approved equivalent) and may attend other planning conferences and or training classes as the need and opportunities arise. The city will also provide regular inservice training and make-up training where attendance is required; New commissioners are expected to become familiar with the city's general plan, the "Planning Commission Handbook" (prepared by the State of California), the relevant Municipal Code sections particularly those relevant to zoning to become familiar with these documents. The "Guide for New Members" distributed by the planning commissioners journal and www.plannersweb.com are other valuable resources for new commissioners; Applicants to the planning commission will be expected to attend a brief orientation session explaining the role of commissioners, the planning process, and the expectations of commissioners that are appointed; and
New commissioner members will attend an expanded orientation session with the liaison to the commission and other staff, as deemed necessary, to provide new appointees with a solid understanding immediately upon appointment. The orientation will include an overview of 39 F.

1. 2.

3. 4.

5. 6.
the planning process, a review of the commission's structure, policies and bylaws, a summary of available documents and resources, and a review of the commission's relationship with citizens, staff, developers, and the governing body.

The planning commission may serve on regional boards or commissions as directed by the city council.

The planning commission shall participate in annual meetings with the city council to discuss development activity, development doctrine, policies, etc. (Code 1965, § 2-8.1.)
(Ord. No. 1569, § 2, 9-22-20)

2.28.060 - Conflict of interest requirements.

The State of California Political Reform Act requires planning commission members to disclose interests in investments, real property, and income derived within the City of Banning or from sources doing business within the City of Banning. Filings are required within ten days of assuming office and on an annual basis.

Members shall not work for the "pass" cities, which include Beaumont, Calimesa, and Riverside County in roles, such as economic development, planning, or redevelopment.

If an apparent conflict of interest arises, the member shall inquire of the city attorney or staff prior to the meeting.
(Code 1965, § 2-8.2.)

2.28.070 - Staff liaison.

The staff liaison to the planning commission shall be the community development director.

The planning commission liaison, supported by the secretary to the planning commission (a staff position), shall be responsible for:

Confirming that a quorum will be present prior to each meeting; Receiving and recording all exhibits, petitions, documents, or other material presented to the planning commission in support of, or in opposition to, any issue before the planning commission;
Signing all meeting minutes and resolutions upon approval; Preparing and distributing agendas and agenda packets;
Facilitating the tape recording of meetings and preparation of minutes; and Responding to all questions from planning commission members regarding agenda items in advance of meetings.
40 A.

A.
(Code 1965, § 2-8.3.)

2.28.080 - Meeting times and places.

The planning commission shall meet on the first Wednesday of each month at 5:30 p.m. at the city council chambers located at 99 E. Ramsey Street, or at such time and place as the commission may designate by resolution.

Commissioners will attend special meetings as they arise. (Code 1965, § 2-8.4.)
(Ord. No. 1427, § 1, 9-14-10; Ord. No. 1594, § 1, 8-22-22)

2.28.090 - Adoption.

This document, as adopted and amended by council resolution, shall serve as the bylaws for the commission.
(Code 1965, § 2-9.)
41 See Proof on Next Page

AFFIDAVIT OF PUBLICATION
Record Gazette
218 N. Murray St., Banning, CA 92220
Proof of Publication
(2015.5 C.C.P.)
Planning Commission Public Notice
___________________________________________________
State of California )
County of Riverside ) SS.

I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of
general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1964, Case No. 54737.

That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

Oct 11, 2024
Executed on: ____________________
At City of Banning, California
I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct.
___________________________________________________
Signature
Planning Commission Public Notice | Page 1 of 2
October 11, 2024
42 Newspaper page size: Width: 9.75 in., Height: 10.875 in.

Planning Commission Public Notice | Page 2 of 2
43 See Proof on Next Page

AFFIDAVIT OF PUBLICATION
Record Gazette
218 N. Murray St., Banning, CA 92220
Proof of Publication
(2015.5 C.C.P.)
2024 11 19 Public Notices Plan Com Vacancies
___________________________________________________
State of California )
County of Riverside ) SS.

That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

Nov 22, 2024
Executed on: ____________________
At City of Banning, California
I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct.
___________________________________________________
Signature
2024 11 19 Public Notices Plan Com Vacancies | Page 1 of 2 November 22, 2024
44 Newspaper page size: Width: 9.75 in., Height: 10.875 in. 2024 11 19 Public Notices Plan Com Vacancies | Page 2 of 2 45 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: January 28, 2025
SUBJECT: Parks and Recreation Appointments for Positions 1 & 2 RECOMMENDATION:

Appoint up to two applicants to fill two vacancies, Positions 1 & 2, on the Banning Parks and Recreation Commission.

BACKGROUND:

The Parks and Recreation Commission’s rules and responsibilities are governed by Chapter 2.40 of the Municipal Code. The Commission’s main function is to serve as an advisory board to the City Council and the Parks and Recreation Director for the purpose of the formulation of rules, regulations and policies for all parks and recreation programs, activities, and fees.

The Banning Municipal Code Section 2.40.030 requires applications be made available and vacancies announced at least two months prior to the vacancy. The vacancies were advertised on the City’s website and across social media platforms starting October 2024. Public notice of these vacancies was placed in the Record Gazette on October 11, 2024. The application period closed on Friday, December 20, 2024.

JUSTIFICATION:

Four applications were received for the Parks and Recreation Commission vacancies and are up for consideration:

Key Fragas
Michael Gonzales
Steven Lapham
Charissa Preuss
The candidates will be interviewed in a Special Meeting - Workshop on January 28, 2025 beginning at 4:00 p.m. Staff recommend appointing two members to the City's Parks and Recreation Commission from among these applicants.

FISCAL IMPACT:

N/A
ALTERNATIVES:

City Council could choose to (1) appoint two applicants to the vacant positions; (2) appoint one applicant to a single position; and (3) appoint no applicants and direct staff to reopen the recruitment.

BUDGETED?:
46 No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Parks and Recreation Commission Applications.pdf

2. Banning, CA Code of Ordinances Section 2.40.pdf

3. 2024 10 11_Affidavit - Parks and Rec Vacancies Notice.pdf 47 Parks & Recreation Commission Application Page 1 of 2

APPLICATION TO SERVE ON PARKS AND RECREATION COMMISSION This application is to fill two impending vacancies on the Parks and Recreation Commission.

The term of office for both positions will begin February 2025 and will expire on January 31, 2029.

The Parks and Recreation Commission meets monthly on the Third Wednesday of each month, except July and August. Applications are due to the Office of the City Clerk no later than Friday, December 20, 2024 at 5:00 p.m.

Name
Phone
Email Address
Address
Are you currently employed? Yes No
Position Company
Length of Residency in Banning
Are you a registered voter? Yes No
Are you able to commit to attend commission meetings on it regular meeting date?
Yes No
Information requested below will be used by the City Council as a screening process to determine which applicants will be interviewed for the Parks & Recreation Commission. Please do not submit supplemental materials.

1. Tell us about your background, including education, work, and volunteer experience, civic involvement, and other experience relevant to this appointment.

Keawepoo Fragas
3107400917
[email protected]
850 Aloeway Banning Ca 92220
13 CMO Us Tech Works
I have been a resident of Banning for 13 years, during which I have developed strong connections within the community. Over the past two years, I have served on the Parks and Recreation Commission, where I have consistently advocated for the best interests of our youth and the city. My dedication to fostering community engagement is evident in my active participation in numerous city and community events, where I have shared my presence and support.
48 Parks & Recreation Commission Application Page 2 of 2

2. What unique skills and traits would you bring to the commission?

3. Why are you interested in serving on the Parks & Recreation Commission? What do you hope to achieve during your term of service?
In accordance with Banning’s City Council Resolution 2012-67, if selected you will be required to submit to a criminal background investigation, including LiveScan fingerprinting prior to your formal appointment.

Please return to: City of Banning
City Clerk’s Office
99 E. Ramsey Street
PO Box 998
Banning, CA 92220
Return by: December 20, 2024
5:00 p.m.

Or email to: [email protected] Remember to sign your application.

Signature Date
I bring a unique blend of experience, community connection, and vision to the Parks and Recreation Commission. My deep understanding of the community’ s needs, paired with my ability to collaborate effectively with diverse groups, enables me to serve as a bridge between the city and its residents. My proven ability to organize events and foster dialogue ensures that community voices are heard and incorporated into actionable plans. Furthermore, my creative contributions, such as the Lions Park mural, highlight my dedication to enhancing the city’ s cultural and recreational landscape.

My interest in serving on the Parks and Recreation Commission stems from my passion for fostering a thriving, inclusive community. I am committed to ensuring our city’ s growth is accompanied by accessible, high-quality recreational opportunities for residents of all ages. During my term, I hope to:

Strengthen the collaboration between the city and its residents through increased outreach and planning initiatives.

Enhance youth sports and recreational programs to meet the needs of our growing community.

Advocate for projects that celebrate our city’ s identity and bring people together, such as public art and community events.

I would like to continue to contribute to its development as a vibrant, welcoming city. 49 Parks & Recreation Commission Application Page 1 of 2

APPLICATION TO SERVE ON PARKS AND RECREATION COMMISSION This application is to fill two impending vacancies on the Parks and Recreation Commission.

The term of office for both positions will begin February 2025 and will expire on January 31, 2029.

1. Tell us about your background, including education, work, and volunteer experience, civic involvement, and other experience relevant to this appointment.

Michael gonzales
840 251 4534
[email protected]
324 s23rd st
55yrs
Retired Busd
Worked for both school district banning and Beaumont for 26 yrsborn and raised in banning coach baseball locally for 27 yrs was board member for banning pass little league graduate from banning in 1987 raised a family here 50 Parks & Recreation Commission Application Page 2 of 2

2. What unique skills and traits would you bring to the commission?

Please return to: City of Banning
City Clerk’s Office
99 E. Ramsey Street
PO Box 998
Banning, CA 92220
Return by: December 20, 2024
5:00 p.m.

Or email to: [email protected] Remember to sign your application.

Signature Date
I am very familiar with the parks in banning I did field maintenance for Lyons park so I have a good idea what parks need and what can b used for To make r parks family friendly to male sure all parks r safe for everyone and to make r parks beautiful for everyone that visit banningand to hold more events at r parks 51 Parks & Recreation Commission Application Page 1 of 2

APPLICATION TO SERVE ON PARKS AND RECREATION COMMISSION This application is to fill two impending vacancies on the Parks and Recreation Commission.

The term of office for both positions will begin February 2025 and will expire on January 31, 2029.

1. Tell us about your background, including education, work, and volunteer experience, civic involvement, and other experience relevant to this appointment.

Steven Lapham
909-225-8594
[email protected]
345 e repplier rd
60 years
Retired Union Construction Foreman, Past President Banning Youth Baseball and Softball. Past Vice President Banning Little League. Current Commander Post 428 American Legion. Current District 21 (riverside county) Representative for the East American Legion. Married 40 years, Father of 5.
52 Parks & Recreation Commission Application Page 2 of 2

2. What unique skills and traits would you bring to the commission?

Please return to: City of Banning
City Clerk’s Office
99 E. Ramsey Street
PO Box 998
Banning, CA 92220
Return by: December 20, 2024
5:00 p.m.

Or email to: [email protected] Remember to sign your application.

Signature Date
Strong leadership skills, common sense, committment to the city and the youth of the city. Army Veteran with connections to the veteran community in the county. i would hope to open up soccer fields, maybe look into some sort of public golf facility, get more use out of the facilities we have at sylvan park and repplier park. 53 Charissa Preuss
(480) 486-1934
[email protected]
154 N. 116th Ln, Avondale, Arizona 85323
18 years
Sales Manager Starbucks
Hi! As a lifelong resident of Banning and a proud Banning High School graduate, I’ve always valued the role our parks and recreation programs play in building a vibrant community. My career, including over four years as a Retail Sales Manager at Starbucks and experience with Ulta Beauty and Matrix Absence Management, has equipped me with strong leadership and organizational skills. Coupled with my volunteer work in youth development and community improvement projects, I’m excited to bring a fresh perspective to enhancing recreational opportunities for the people of Banning.
54 I bring a combination of leadership, community insight, and operational expertise to the Parks and Recreation Commission. My upbringing in Banning gives me a personal understanding of the community’s values and needs, while my professional background equips me with the skills to manage complex projects, foster collaboration, and deliver results. As a team leader, I am adept at building relationships, resolving conflicts, and driving team performance.I also bring a strong marketing and customer service background, which will be invaluable in promoting recreational programs and engaging with residents. My technical proficiency in tools such as Microsoft Word, Excel, and PowerPoint enables me to analyze data, create reports, and communicate effectively.

Lastly, my ability to mentor and train individuals reflects my commitment to personal development and capacity building—qualities I would bring to every initiative of the Commission.

I am passionate about contributing to the community that shaped my values and professional success. The Parks and Recreation Commission represents an opportunity to give back by helping create and maintain spaces that inspire community connection, health, and recreation. My goal is to advocate for inclusive and accessible programs that reflect the diverse needs of Banning residents, from youth sports to senior wellness initiatives. During my term, I hope to collaborate with local stakeholders to enhance park facilities, expand programming, and secure funding for future projects. I am particularly interested in creating youth mentorship programs, as I believe recreational spaces can serve as platforms for education, leadership, and personal growth. I aim to use my experience and insight to keep Banning’s parks and recreation services vital and cherished.
55 A.

Chapter 2.40 - PARKS AND RECREATION COMMISSION

2.40.010 - Established—Purpose.

There is hereby established a parks and recreation commission of the city for the purpose of facilitating the integration of the parks and recreation activities for the city. (Code 1965, § 15-1; Ord. No. 1438, § 1.A., 6-14-11)

2.40.020 - Advisory agency designated—Powers and duties.

The city parks and recreation commission shall serve as an advisory agency to the city council and the director of community services for the purpose of the formulation of rules, regulations and policies for all parks and recreation programs, activities, and fees. Parks and recreation commission members shall be registered voters of the City of Banning.
(Code 1965, § 15-2; Ord. No. 1438, § 1.A., 6-14-11)

2.40.030 - Appointment of members.

The parks and recreation commission shall consist of five members.

The parks and recreation commission shall serve four-year terms, which shall be staggered every two years concurrent with the city elections. Appointments shall be made by the city council.

Applications shall be made available and the closing date announced at least two months prior to the expiration of the commissioner's term to be filled.

Members shall serve at the pleasure of the council and may be removed at any time by a majority vote of the entire council.

Any member who is absent from two regular meetings of the Commission within a twelve-month period whether the absence is excused or not, will be deemed to have resigned their office and the City Council may appoint a new member to serve in the resigned commissioner's place for the remainder of the existing term.
(Code 1965, § 15-3; Ord. No. 1438, § 1.A., B., 6-14-11; Ord. No. 1579, § 2, 11-9-21)

2.40.040 - Conduct of meetings.

The commission shall meet at 6:00 P.M. on the third Wednesday of the following months: January, February, March, April, May, June, September, October and November.

Additional meeting may occur if deemed necessary by the city council or commission chairperson.

A majority of the voting members of the commission shall constitute a quorum. 56 (Code 1965, § 15-4; Ord. No. 1438, § 1.A., 6-14-11)
57 See Proof on Next Page

AFFIDAVIT OF PUBLICATION
Record Gazette
218 N. Murray St., Banning, CA 92220
Proof of Publication
(2015.5 C.C.P.)
Parks and Rec Vacancy Public Notice 10/11
___________________________________________________
State of California )
County of Riverside ) SS.

That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

Oct 11, 2024
Executed on: ____________________
At City of Banning, California
I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct.
___________________________________________________
Signature
Parks and Rec Vacancy Public Notice 10/11 | Page 1 of 2 October 11, 2024
58 Newspaper page size: Width: 9.75 in., Height: 10.875 in.

Parks and Rec Vacancy Public Notice 10/11 | Page 2 of 2 59 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk Doug Schulze, City Manager
MEETING DATE: January 28, 2025
SUBJECT: Approval of the Meeting Minutes for the January 14, 2025 City Council Meetings
RECOMMENDATION:

Approve the minutes of the January 14, 2025 City Council Meetings.

BACKGROUND:

After every meeting, the City Clerk's Office prepares meeting minutes. The City Council reviews and approves these minutes either as presented or with modifications.

JUSTIFICATION:

These minutes have been prepared as Action Minutes in accordance with City Council Resolution 1995- 21 and Government Code Sections 36814, 40801, and 54953(c)(2).

FISCAL IMPACT:

None
ALTERNATIVES:

1. Approve as recommended.

2. Approve with modifications.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. 2025 01 14_Minutes_Special Meeting - Closed Session.pdf

2. 2025 01 14_Minutes_Special Meeting - Workshop.pdf

3. 2025 01 14_Minutes_Regular Meeting.pdf
60 The following information comprises the minutes for a special meeting of the City Council, a joint meeting of the Banning City Council and Banning Utility Authority and a joint meeting of the Banning City Council and the Banning City Council sitting in its capacity as the Successor Agency Board.

MINUTES 1/14/2025

CITY COUNCIL SPECIAL MEETING
COUNCIL MEMBERS PRESENT: Council Member Cynthia Barrington Mayor Sheri Flynn
Council Member Leroy Miller
Mayor Pro Tem Richard Royce
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Doug Schulze, City Manager
John Pinkney, Interim City Attorney
Caroline Patton, Administrative City Clerk
Lincoln Bogard, Administrative Services Director
Michael Busch, Urban Futures, Inc.

1. CALL TO ORDER
Mayor Flynn called the special meeting to order at 3:03 p.m.

1.1 Roll Call
COUNCIL MEMBER PRESENT: ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 

2. PUBLIC COMMENT – Agenda Items
None

3. CLOSED SESSION
John Pinkney, Interim City Attorney, read the closed session citations.

3.1 CONFERENCE WITH LEGAL COUSEL: EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Name of Case: City of Banning v. The Acme Financial Group Limited Partnership, et al.

Case No. CVRI2404364
61 Special Meeting Minutes 1/14/2025 Page 2 of 2

3.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)(1)
Title: City Manager

3.3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)(1)
Title: Interim City Attorney

4. ADJOURNMENT
The Special City Council meeting adjourned at 4:33 p.m.

Minutes Prepared by:

Caroline Patton, Administrative City Clerk
These minutes have been prepared as Action Minutes in accordance with City Council Resolution 1995-21 and Government Code Sections 36814, 40801, and 54953(c)(2).

This entire meeting and all associated documents may be viewed here:
https://banningca.granicus.com/ViewPublisher.php?view_id=1 62 The following information comprises the minutes for a special meeting of the City Council, a joint meeting of the Banning City Council and Banning Utility Authority and a joint meeting of the Banning City Council and the Banning City Council sitting in its capacity as the Successor Agency Board.

MINUTES 1/14/2025

CITY COUNCIL SPECIAL MEETING
COUNCIL MEMBERS PRESENT: Council Member Cynthia Barrington Mayor Sheri Flynn
Council Member Leroy Miller
Mayor Pro Tem Richard Royce
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Doug Schulze, City Manager
Laurie Sampson, Assistant City Manager
John Pinkney, Interim City Attorney
John Garside, Multimedia Specialist
Ralph Wright, Parks and Recreation Director
Scott Foster, Recreation Manager

1. CALL TO ORDER
Mayor Flynn called the special meeting to order at 4:34 p.m.

1.1 Roll Call
COUNCIL MEMBER PRESENT: ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 

2. PUBLIC COMMENT – Agenda Items
None

3. WORKSHOP

3.1 Status of Parks and Recreation Programming and Update on the Request for Proposals (RFP) for the Development of the Banning Parks and Recreation Master Plan Update Ralph Wright, Parks and Recreation Director, provided a presentation to City Council. 63 Special Meeting Minutes 1/14/2025 Page 2 of 2

4. ADJOURNMENT
The Special City Council meeting was adjourned at 4:57 p.m.

Minutes Prepared by:

This entire meeting and all associated documents may be viewed here:
https://banningca.granicus.com/ViewPublisher.php?view_id=1 ATTACHMENTS:

Exhibit A – Agenda Item 3.1: Staff Presentation
64 ITEM 3.1 - CITY COUNCIL

WORKSHOP
Parks and Recreation Programming and Master Plan Update January 14, 2025 – Ralph Wright, Parks and Recreation Director Workshop topic areas
•Parks and Recreation Service Areas
• Issues affecting the Parks and Rec
Dept
• Need and Value of P & R Master Plan
Update
• Master Plan Update - Timeline
Exhibit A
65 Parks and Recreation Service Areas -
Parks • Department maintains six parks
• Note: Richard Sanchez
• 3 FT Park’s Maintenance Workers –
Contract for Lawn Maintenance
• Maintains park amenities – RR,
playgrounds, field, courts
• Prepares for events and rentals in parks
• Park Improvement projects
Parks and Recreation Service Areas -
Parks • City Council has significantly increased support for Parks – over 25% growth – Irrigation, Tree
Maintenance, contract maintenance
• Funded 4th position in FY 2025 Budget
• Park Tree Inventory- Playground Lifespan &
Assessment -
• CDBG project expenditures
• Turf Maintenance improvements
• Park Beautification Program – Adopt A Park
66 Parks and Recreation Service Areas –
Senior Services • PROGRAMS –
• Up to 75 daily attendees & 120 different
attendees each week
• Over 7,000 daily meals supported by FSA
• Happiness Campaign
• Fill the Cupboard program
– Monthly food bags are given to
seniors living in Banning
• Morning Greeters Program
• Classes and Programs
Parks and Recreation Service Areas –
Senior Services • Resources –
• Riverside OOA – Food vouchers, volunteer
programs, 211 resource line
• Community Action Partnership(CAP) – Cool
and Warm center, Utility Assistance
• Inland Counties Legal Services -
• Partnerships – HICAP, VITA, Smiles for
Seniors, Faith and Action, RUHS – behavioral
health, community businesses and
associations
67 Parks and Recreation Service Areas -
Recreation
• Contract Classes
• Day Camp – Summer and Winter
• Small scale one day events and
programs
• Park pop-ups, Christmas Pajama Party,
Lego/Teddy Bear build parties
Parks and Recreation Service Areas -
Recreation - Aquatics • Swim Season Memorial Day – August • Over 12,000 attendees in open swimming
programs
• Over 600 annual swim lesson registrations
• Pool Rentals – Stand Alone & During Open
Swim
• Events – Summer Kick-Off, Glow Party, Dive
In Movies
68 Parks and Recreation
Service Areas -
Recreation - Sports • Youth Sports Leagues
• Basketball, Flag Football, Soccer, Smart Start
• Youth Sports Sponsorship program
• Adult Sports Leagues
• Adult Basketball
• 2025 - Church softball, kickball soccer leagues
• Sports events
• Father/Son Tournament, Free Throw Comp, All-Star Event, 3 on 3 tourney • Open Gym
• Bball & Pickleball
• Assisted Youth Sports groups
• Little league, banning United, FC Gladiators, Pick Six, JAAF, Travel Bball Parks and Recreation Service Areas -
Recreation – Special Events • Disaster Expo
• Annual Family Fun Run
• 4th of July Celebration
• Hispanic Heritage Celebration
• Halloween Trunk or Treat Event
• Breakfast With Santa and Santa Shoppe
• Christmas at the Ranch
• Assist with Stagecoach Days and playhouse Bowl
Concert Series
69 Parks and Recreation Service Areas –
Outdoor Equity Grant
• Grant parameters – Awarded $655,000
funding for 3 ½ years(October 2022)
• 1 FT programmer, PT staff as needed, no cost to
citizens
• Trips throughout Southern California
• Local events and park projects
• Teen Development
• Youth Council, JR Rec Leader
Parks and Recreation Service Areas –
Staffing
• 6 full time employees (1 Grant Funded)
• 30 to 50+ seasonal employees
• Hundreds of volunteers
• Senior center
• Coaches
• Events
70 Issues affecting the Parks and
Recreation System • Growth in participation and lack of facilities, parks and field space for existing City and Assisted User
programs
• Lack of Asset Management plan
• Lack of Prioritized and developed CIP plan
• Cost and funding plan
• Maintenance and development
• Park Development, priorities and design
guidelines
Need to Update Parks and
Recreation Master Plan
• Outdated - Adopted in 2010
• Minimal Long Term Strategic Plan
• Need for updated needs assessment associated
with City growth
• Lack of Accurate Cost and Funding plans
• Nexus for funding options
• Create best use of limited resources
71 Components of Master
Plan Update
• Vision and Mission
• Existing facility assessment
and capacity analysis
• Needs Assessment through
build out or plan timeframe
• Shared goals and strategies
to get there
• Cost analysis and funding
options/plan
Proposed Master Plan Update Scope • Public process
• Community Meetings
• Citizen Survey
• Stakeholder Meetings
• City Council, Commissioners, community
groups
• Evaluate current facilities, programs, service
areas
• Evaluate demographic trends, benchmarking
local and national, affiliated associations –
budget, total and per capita, amenities, facilities etc 72 Proposed Master Plan Update Scope
• Develop Needs assessment – all facilities,
programs and services
• Evaluate development and maintenance
costs
• Create funding options and recommendations
• Deliverables
• Park design guidelines, Financial plan,
priority ranking for decision making, Strategic
actionable goals and Final Master Plan
Estimated Cost and Development
Timeline • Cost – Up to $250,000 – Budgeted
in FY 2025 & 2026
• Issue RFP in February – March
• Return to City Council in May 2025
for award
• 14-to-18-month development
process
• Final Plan adopted December
2026
73 Council Action
Receive and File Update
Item 3.1 - City Council Workshop
January 14, 2025
74 The following information comprises the minutes for a regular meeting of the City Council, a joint meeting of the Banning City Council and Banning Utility Authority and a joint meeting of the Banning City Council and the Banning City Council sitting in its capacity as the Successor Agency Board.

MINUTES 1/14/2025

CITY COUNCIL REGULAR MEETING
COUNCIL MEMBERS PRESENT: Council Member Cynthia Barrington Mayor Sheri Flynn
Council Member Leroy Miller
Mayor Pro Tem Richard Royce
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Doug Schulze, City Manager
Laurie Sampson, Assistant City Manager
` John Pinkney, Interim City Attorney
Vickie Sellers, City Clerk
Caroline Patton, Administrative City Clerk
John Garside, Multimedia Specialist
Lincoln Bogard, Administrative Services Director
Art Vela, Director of Public Works
Ralph Wright, Parks and Recreation Director

1. CALL TO ORDER
Mayor Flynn called the regular meeting to order at 5:10 p.m.

1.1. Invocation – Pastor Todd Oldenburg led the invocation.

1.2. Pledge of Allegiance

1.3. Roll Call
COUNCIL MEMBER PRESENT: ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 

2. AGENDA APPROVAL

2.1. Approve Agenda
Motion to approve the agenda.

Motion by Council Member Wallace
Seconded by Council Member Barrington
75 Regular Meeting Minutes 1/14/2025 Page 2 of 9

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 5-0.

3. PRESENTATIONS
Mayor Flynn commented.

4. REPORT ON CLOSED SESSION
John Pinkney, Interim City Attorney, reported that for agenda items 3.1 through 3.3 there was discussion and direction provided to staff, with no reportable action.

5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, CITY COUNCIL

COMMITTEE REPORTS, CITY MANAGER REPORT, AND CITY ATTORNEY REPORT

5.1. PUBLIC COMMENTS
The following individuals addressed City Council during Public Comment:
• Max Diego
• Steven Douglas
• Sue Savage
• John Hagen
• Inge Schuler
• Stuart McKenzie
• Diego Rose
• Bill Hobbs
• Edward Espinosa
• Oleg Ivaschuk
• Estell Kunter

5.2. CORRESPONDENCE
Two items of correspondence were received and provided to City Council in advance of the meeting.

5.3. APPOINTMENTS

5.3.1 City Council Committee Assignments for 2025
Public Comments
None
Motion to approve the appointments to City Council Committees for 2025.

Motion by Council Member Barrington
Seconded by Council Member Miller
76 Regular Meeting Minutes 1/14/2025 Page 3 of 9

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 5-0.

5.4. CITY COUNCIL COMMITTEE REPORTS
Council Member Wallace reported on a Regional Conservation Authority (RCA) meeting and a Riverside County Division meeting. She also reported on a Community Action Partnership (CAP) meeting.

Council Member Miller reported on a California League of Cities (CalCities) District meeting and the Banning Unified School District’s Student of the Month breakfast he attended.

Mayor Flynn reported on a Regional Managers Conference in Beaumont. She reported attending the City Council’s Special Meetings on December 20, as well as a Western Riverside County Council of Governments (WRCOG) meeting. She highlighted a number of grants awarded to the City through WRCOG’s TUMF program. She said she also attended the CalCities Regional Meeting, along with Council Members Miller and Wallace.

5.5. CITY MANAGER REPORT
City Manager Schulze reported on a recent grant award from the Bureau of Reclamation of over $16 million for the city’s wastewater treatment recycled water upgrades project.

5.6. CITY ATTORNEY REPORT
Interim City Attorney Pinkney gave a brief report on work he anticipated completing at the city, including an update to the city’s Procedural Manual for public meetings.

5.7. CITY TREASURER REPORT
City Treasurer Savage reported on high water bills and stated she was unhappy she was not provided a city cell phone, computer, mailbox, staff, or office. She asked City Council to supply these needs.

6. CONSENT AGENDA

6.1 Approval of the Meeting Minutes for the December 10 and December 20, 2024 City Council Meetings

6.2 Receive and File Police Department Statistics for the Month of November 2024

6.3 Receive and File Fire Protection Services Statistics for the Month of November 2024

6.4 Receive and File Code Enforcement Statistics for the Month of November 2024

6.5 Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports for November 2024

6.6 City Council Travel and Conference Expense Report Year to Date Through November 30, 2024
77 Regular Meeting Minutes 1/14/2025 Page 4 of 9

6.7 Consideration of Second Reading and Adoption of Ordinance 1607, Amending Chapter 15.76 of the Banning Municipal Code to Update the City's Participation in the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program

6.8 Consideration of Resolution 2025-01, Approving a Memorandum of Understanding (MOU) Between The City of Banning Police Department and The Riverside County Probation Department Post-Release Accountability and Compliance Team (PACT) for FY 2024-2025

6.9 Consider Resolution 2025 -02, Approving the Administrative Services Agreement between Riverside County and the City of Banning related to County Service Area 152, National Pollutant Discharge Elimination System Stormwater (NPDES) Assessment

6.10 Consideration of Resolution 2025-03, Awarding a Professional Services Agreement to CASC Engineering Consulting, Inc. for National Pollutant Discharge Elimination System (NPDES) Inspections and Environmental Compliance Services in the Amount of $40,049

6.11 Consideration of Resolution 2025-04, Approving Amendment No. 2 to the DesignBuild Agreement with EFS West for the Compressed Natural Gas Fueling Station for an Additional Amount of $730,398 for a Second Compressor

6.12 Consideration of Resolution 2025 -05, Authorizing the City Manager, or Designee, to Execute a Subrecipient Grant Agreement between the Western Riverside Council of Governments and the City of Banning for Electric Vehicles and Chargers

6.13 Consideration of Approving Amendment No. 2 to the Renewable Natural Gas Supply Agreement with AmpRenew Offtake I, LLC

6.14 Accept an Easement from Tri Pointe Homes for Electric Utility Purposes on Accessor’s Tract Map No. 37388-1 Highland Home Road, within the Atwell Development for the Maintenance of the City-Owned Electric Distribution System

6.15 Accept an Easement from Banning 56, LLC for Electric Utility Purposes on Accessor’s Tract Map No. 30906 -1 within the Crestwood Communities Development for the Maintenance of the City-Owned Electric Distribution System

6.16 Authorize the City Manager to Sign the Notice of Completion for “Well M12A Groundwater Production Well Drilling, Construction, Development and Testing” and Direct the City Clerk to Record the Notice of Completion

6.17 Consideration of Resolution 2025-08, Amending the Classification & Compensation Plan for the City of Banning
Public Comment
None
Motion to adopt consent agenda items 6.1 to 6.4, 6.6 to 6.10, 6.12 to 6.17.

Motion by Council Member Wallace
Seconded by Council Member Miller

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
78 Regular Meeting Minutes 1/14/2025 Page 5 of 9
Motion approved by a vote of 5-0.

6.5 Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports for November 2024

Art Vela, Director of Public Works, answered City Council questions. Lincoln Bogard, Administrative Services Director, also answered questions.

Public Comment
• John Hagen

Public Comment
• Frank Connolly
Motion to adopt Resolution 2025-04.

Motion by Mayor Flynn
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 5-0.

7. PUBLIC HEARING(S)
None

8. REPORTS OF OFFICERS

8.1 Consideration of Resolution 2025-06, Approving an Exclusive Negotiating Agreement with Investel Development LLC for City-Owned Real Property Located at 150 E. Ramsey Street, Banning (APNs 541-181-032, 541-181-033, 541-181-034, AND 541-181-035)
Doug Schulze, City Manager, presented the staff report.

Public Comment
• John Hagen
• Stuart McKenzie
• Inge Schuler
79 Regular Meeting Minutes 1/14/2025 Page 6 of 9
• Max Diego
• Edward Espinosa
• Juanita Diaz
• Harry Sullivan
• Jeffrey Platt
• Oleg Ivaschuk
Motion to direct staff to negotiate a non-binding letter of intent with the developer for a period of 6 months.

Motion by Council Member Miller
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 4-1.

Mayor Flynn announced a recess at 7:33 p.m. The meeting was reconvened at 7:53 p.m.

8.2 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)
Ralph Wright, Parks and Recreation Director, presented the staff report.

Public Comment
• Frank Connolly
• Juanita Diaz
Motion to adopt Resolution 2025-07.

Motion by Mayor Pro Tem Royce
Seconded by Council Member Miller

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 5-0.
80 Regular Meeting Minutes 1/14/2025 Page 7 of 9

8.3 Consideration of City Clerk and City Treasurer Compensation Doug Schulze, City Manager, presented the staff report.

Public Comment
• Sue Savage
• John Hagen
Motion to raise the salary to $550 per month for the City Clerk and City Treasurer positions, providing a city-issued cell phone and city-issued computer.

Motion by Mayor Flynn
Seconded by Council Member Miller

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 5-0.

8.4 Opportunity Village Gift Card Policy
Doug Schulze, City Manager, presented the staff report.

Public Comments
• Wanda Lucero
• Kathy Aranda
Motion to direct staff to discontinue the program until the City Council has more information, including receipts.

Motion by Mayor Flynn
Seconded by Mayor Pro Tem Royce

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 4-1.

8.5 Consideration of Zoom Video Conferencing Accessibility for City Council Meetings Doug Schulze, City Manager, presented the staff report. 81 Regular Meeting Minutes 1/14/2025 Page 8 of 9
Public Comment
• Frank Connolly
• Lynnea Hagen
Motion to direct staff to provide a video conferencing method for future meetings and bring back a proposed policy for said video conferencing.

Motion by Council Member Barrington
Seconded by Mayor Pro Tem Royce

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 5-0.

Motion to continue the meeting past 10:00 p.m. for a period of one hour.

Motion by Mayor Flynn
Seconded by Mayor Pro Tem Royce

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 5-0.

9. DISCUSSION ITEM(S)

9.1. City Litigation Update
Doug Schulze, City Manager, presented the staff report.

Public Comment
• Frank Connolly

10. ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS
None

11. ITEMS FOR FUTURE AGENDAS

11.1. New Items:

1. Changes to the Banning Procedural Manual (Royce)

2. Report on Fire Hydrants (Flynn)

3. Tree Trimming at Repplier Park and near Sun Lakes (Flynn) 82 Regular Meeting Minutes 1/14/2025 Page 9 of 9

11.2. Pending Items:

1. Update on Community Garden (Flynn)

2. Zencity Contract (Flynn)

3. Developer Presentation on Sunset Crossroads Project (Flynn)

4. All Active Lawsuits against the City (Flynn)

5. Increased Compensation for City Treasurer and City Clerk (Flynn)

6. Ongoing Billing Errors – Electric and Water (Flynn)

7. Contracting Animal Services (Flynn)

8. Code Enforcement Department Citations Process (Miller)

9. Zoom Options for Public Meetings (Royce)

10. Existing Public Benefits Fund Accounting (Royce)

11. Emergency Preparedness (Barrington)

12. ADJOURNMENT
Motion to adjourn.

Motion by Mayor Flynn
Seconded by Council Member Miller

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 4-1
The meeting was adjourned at 10:21 p.m.

Minutes Prepared by:

This entire meeting and all associated documents may be viewed here:
https://banningca.granicus.com/ViewPublisher.php?view_id=1 ATTACHMENTS:

Exhibit A – Public Comment Received
83 January 9, 2025
itt::Clm ofBiffiim&
City Council Member Leroy Miller
City Council Member Sheri Flynn
City Council Member Cindy Barrington
City Council M<:.mber Richard Royce
City Council Member Colleen Wallace
Banning Utility Department Supervisor
Banning City Hall
99 E. Ramsey Street
Banning, CA 92220
To all persons listed above:

RECEIVED
JAN 1 3 2025
~ity of Banning
C, Clerk's Office
I am a 14-year-resident of Banning and am absolutely troubled about the situation with the City's Utility Billing. As a citiz.en, this is unacceptable practice for a City of this size. I think there has to be a complete investigation. This seems to me it should be a serious and primary concern of the City's leadership.

I have not had a correct bill ftom your City since April 2024. I did not receive bills, then when I did, they didn't include water. I have been in contact several times with your Utility Billing Supervisor, Lily, since she took over fiom the previous employee. I have visited her twice in person and several times on the telephone.

Lily has been very communicative and accommodating, but she has been unable to provide a current billing or billing for the past two mon1hs. I have requested a complete detailed billing of my account since last April, and she is unable to provide that after accepting my request and trying to provide it l have been trying to blindly pay ahead, so 1hat I am not extremely behind, but it is not acceptable to continue to trust the nmnbers and figures I am not getting on my billing. I want a complete detailed billing and accounting of what and why you are charging me so that I can plan payments and not be dealing with this seemingly unbefievable backwoods utility billing .

Sincerely,
Carol Shearman
2820 Rainbow Lane
Banning, CA 92220
951.849.0219
Exhibit A
84 1
From: Charlie Friese <[email protected]>
Sent: Tuesday, January 14, 2025 11:22 AM
To: Caroline Patton
Subject: 01-14-25 . . . Please Read The Following Into The Record at tonight’s council meeting - Thank You - Charles Friese, Banning Residental since 2000 . . . 01-14-2025
City Council / City Manager - D. Schulze, and others tonight.

I do not aƩend meeƟngs because of my hearing problem - and - that most meeƟngs last too long because, well - just because . . .

I am wriƟng because of the filth in our city which has been exacerbated by the homelessness in and around the Pass Area, especially Banning.

Some Ɵme ago a “ruling of sorts” was passed by the City Council which I believe stated that Banning’s Police can detain and remove the “people and their belongings” leŌ unaƩended or just discarded. Why can’t our public works folks go around with a city pickup and “collect for removal” the items that conƟnually get leŌ behind by transients and/or homeless persons?
I could get into why CalTrans treats the enƟre PASS AREA As Though We Are Like Stepchildren, but enough for now.

Thank You - Charles (charlie) Friese - 2033 Riviera AVE, BANNING, CA 92220 Sent from my iPad 85 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Laurie Sampson, Assistant City Manager
Vincent Avila, Chief of Police
MEETING DATE: January 28, 2025
SUBJECT: Receive and File Police Department Statistics for the Month of December 2024
RECOMMENDATION:

Receive and file.

BACKGROUND:

The Banning Police Department provides statistics to the public and City Council upon request.

JUSTIFICATION:

Statistics tell a city how many police officers need to be on the street, what crimes are being committed, and reveal increases and decreases in specific crimes. Also, cities get funding in part on their crime rates. If a federal crime bill passed, the Government needs to know which cities could benefit the most from those funds, and some cities have been rewarded financially for drastically lowering rates of crime.

FISCAL IMPACT:

None
ALTERNATIVES:

Providing statistics keeps the Council, staff, and residents apprised of current police activities. If the statistics are not presented to the Council on a regular basis, then they should be provided on another platform.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. STATS-DECEMBER 2024.pdf
86 87
88 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Laurie Sampson, Assistant City Manager
Todd Hopkins, CALFIRE Division Chief
MEETING DATE: January 28, 2025
SUBJECT: Receive and File Fire Protection Services Statistics for the Month of December 2024
RECOMMENDATION:

Receive and file.

BACKGROUND:

City Council has requested CALFIRE’s Riverside County Division, which provides fire protection services in the City of Banning, provide specific reports to the public and City Council on a monthly basis.

JUSTIFICATION:

Many fire and EMS departments store and analyze statistical data, which can provide a detailed analysis of the types of responses their organization is called to assist. This information is critical to elevating the level of service provided by the fire department.

FISCAL IMPACT:

None
ALTERNATIVES:

Providing statistics keeps the Council, staff, and residents apprised of current fire and paramedic activities. If the statistics are not presented to the Council on a regular basis, then they should be provided on another platform.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Fire Statisitcs_December 2024.pdf
89 Bill Weiser
Jurisdiction Summary for City of Banning
Fire Chief
Riverside County Fire Department/ CAL FIRE
12/1/2024 to 12/31/2024
Incident Response Activity
*At least 1 Resource Dispatched
Incident Type #
Com Fire 1
False Alarm 23
Haz Mat 1
Medical 409
Other Fire 14
Public Service Assist 23
Ringing Alarm 5
Standby 2
Traffic Collision 25
Vehicle Fire 4
Wildland Fire 6
Incident Total 513
Average Enroute to On-Scene Time
*Units Responding Charlie, Delta, Bravo, Echo, Code 3
7 261 102
0 4.50 70.54
<5 Minutes +5 Minutes
+10 Minutes +20 Minutes
Average Min % 0 to 5 Min
Enroute Time: Unit has been acknowledged as responding.

On-Scene Time: Unit has been acknowledged as being On-Scene.

Transport
*Based on Units with a Transport time
0 Total: 0
Mutual Aid
*Unit responses
Jurisdiction Units Responses
Engine 387
Total: 387
Mutual Aid Given
Engine 229
Total: 229
Mutual Aid Received
25 Brush 18
Chief 12
Crew 4
Dozer 2
Engine 223
Patrol 9
PIO 1
Squad 45
Truck/Quint 5
Water Tender 1
Total: 345
1/1/2025 1:40:52PM Page 1 of 290
Truck Report
MRFT1 recorded 5 responses in City of Banning from 12/1/2024 1:40:10 PM to 12/31/2024 1:40:10 PM
Significant Incidents
1/1/2025 1:40:52PM Page 2 of 291

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Kristine Gutierrez, Community Development Operations Manager David Newell, Community Development Director
MEETING DATE: January 28, 2025
SUBJECT: Code Enforcement Update and Statistics for the Month of December 2024
RECOMMENDATION:

Receive and file.

BACKGROUND:

The City’s Code Enforcement Division (“Code”) is responsible for enforcement of the City’s Municipal Code. The Code Enforcement Division staff managed 1,773 investigated cases during 2024. In addition to the typical code enforcement duties and responsibilities (e.g., unsafe buildings, unpermitted land use, no business license, construction without permit, and unregistered food vendors), Code Enforcement is also responsible for compliance with weed abatement. This Program includes patrol, investigation, noticing, enforcement, and remediation of over 650 vacant lots. Below is a summary of cases during the month of December and a tabulation of case data throughout 2024.

Code Enforcement Statistics for December 2024

MONTH YTD
Cases Investigated 68 1,680
Cases Closed 53 1,251
All Open Cases 15 429
Citations Paid $640.00 $119,622.23
Weed Abatement $5,475.90 $17,127.18
Notices to Abate 13 223
Red Tagged Properties 3 22
Apply or Release Lien/Pendency 2 31
HDL Inquiries 2 54
Public Records Request 3 100
JUSTIFICATION:

Monthly activity reports are provided for informational purposes.

FISCAL IMPACT:

Not applicable.
92 ALTERNATIVES:

Direct staff to provide additional information on the case data.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
93 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Art Vela, Public Works Director
MEETING DATE: January 28, 2025
SUBJECT: Public Works Capital Improvement Project Tracking List RECOMMENDATION:

Receive and file.

BACKGROUND:

There are several planning, environmental, design and construction contracts that have been approved by City Council and/or the City Manager’s office that are being managed by the Public Works Department. In an effort to keep the City Council and the public informed of the progress made and current status of each project, staff has prepared and will continue to update the attached Public Works CIP Tracking List. The list will be presented to City Council on a monthly basis.

JUSTIFICATION:

This recurring item is provided to keep City Council and the public apprised of progress on certain projects.

FISCAL IMPACT:

Not applicable.

ALTERNATIVES:

Not applicable.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. CIP Tracking January 2025 v2.pdf
94 Category Project # Project Name Phase % Completed Tasks Completed Current Tasks Future Tasks Tentative Completion Date Project Budget Streets 2023-17 Hargrave Grade Separation PA&ED 0% FAR Grant Agreement; Evaluated RFPs proposals. Recommendation of Award of Contract Contract execution; project kickoff, grant reporting.
12/30/27 $ 8,300,000
Streets - Highland Springs Avenue Interchange PA&ED 35% Highway Safety Manaul segmentation existing condition; aerial topo mapping; traffic volume report; Environmental Purpose/Need Statement; Air/Noise memos; VMT
Methodology Memo; DDI Exclusion Memo; ROW Data
Sheets;
Geometric development; utility agency data
collection; Traffic Operations Analysis Report;
Enviro. Technical Reports; HSM Analysis Memo;
Geotech Reports; Prelim Drainage Reports;
Design Standard Risk Assessment; Value
Analysis Report; Geometric Approval
Document; R/W Data Sheets; Transp.

Management Plan
8/1/25 $ 2,900,000
Streets 2020-04 Sun Lakes Blvd Extension CEQA, PS&E 90% Council has approved a redesign in order to comply with Kinder Morgan's requirements.

Webb to submit signed 100% Plans. Finalize
Easement Documents and Environmental
Permitting
Prepare Bid Documents 12/1/26 $ 1,248,026
Streets - Traffic Signalization of 8th Street/I-10
Interchange
Design/Permits 90% Design well underway. Submittal of encroachment permit application to Caltrans. Caltrans approval on TOAR and
concepts.

Design drawings have been resubmitted to
Caltrans and awaiting a response. Negotiations
with private owners for ROW acquisition.

Resubmitted to Caltrans if needed. Caltrans
encroachment permit issuance. Property
acquisition (private party task)
12/1/25 $ 1,081,000
Streets 2022-05 HSIP Cycle 10 Omar/Ramsey
Intersection Improvements
Construction 0% Project Approved for Funding by the State. Proposal solicitation. Contract award.

Caltrans Construction Allocation Funds Released.

Preparing Bid Documents
Advertize Bid to Public 7/30/25 $ 59,698
Streets 2023-04 HSIP Cycle 10 Ramsey Street
Pedestrian Safety Improvements
Construction 0% Project Approved for Funding by the State. Project Awarded.

Caltrans Construction Allocation Funds Released.

Preparing Bid Documents
Advertize Bid to Public 7/30/25 $ 64,780
Streets 2023-09 HSIP Upgrade 17 Traffic Signals
Hardware
PS&E 5% Project approved for funding by Caltrans 30% Plans approved by City. STC Traffic Working on 60% Plans and Caltrans Approval
60% Plans Submittal 12/1/25 $ 433,900
Streets 2023-10 HSIP Pedestrian Crossings Upgrades
at 19 Intersection
PS&E 2% Project approved for funding by Caltrans Preparing RFP Documents for Design Services Send to purchasing for advertizing 12/1/25 $ 585,000 Streets 2023-11 HSIP Wilson St & 12 St Intersection
Upgrade
PS&E 2% Project approved for funding by Caltrans Preparing RFP Documents for Design Services Send to purchasing for advertizing 12/1/25 $ 277,000 Streets 2023-05 San Gorgonio/UPRR Pedestrian
Crossing
Design 60% Amendment 2 CC Approval. 65% Plans complete 90% Plans Sent to UPRR, Caltrans and CUPC for Review and Comments
Submittal of 100% Plans 12/1/25 $ 230,000
Facility 2021-06 CNG Station Design-Build 40% Reviewed/approved 100% drawings; Ordered/received major equipment; Pre-Consruction meeting held.

Mobilization coordination. Commencement of construction 10/1/25 $ 4,888,261 Facility City Hall Roof Repairs - Phase 1 Construction 100% Inspection and repair of tiled roof area Completed Retention Release 1/31/25 $ 90,000 Facility City Hall Roof Repairs - Phase 2 Design/Bid 10% Scope identification - Roof/leak repairs on flat roof section over remainder of City Hall
Preparation of RFP Award, Construction 6/30/25 $ 275,000 Facility 2024-02 City Hall West Side Workspace
Reconfiguration
Construction 0% Reconfiguration of open area cubicles and closed lobby area with additional workstations, new cubicles, carpet, paint
Pre-construction scheduling. Preparation for
construction.

Construction 2/28/25 $ 300,000
Water 2018-02W-2 New Domestic Water Well C8 (Phase
2: Well Equipping and Site
Development)
Bidding 95% Completed final bid documents Currently out for bid Bids due 1/30/2025, Award Construction Contract at the 2/25/2025 CC Meeting
2/25/25 $ 859,683
Wastewater 2022-01WW Wastewater Treatment Plant and
Recycled Water Improvments
Planning/Design/B
id
99% RFP Scope of Work Finalized; Design Critiria and Prel.

Design Completed. RFP has been made available.

Phase I (Design) Agreement is being reviewed,
and to be finalized.

Finalize the Phase I agreement, and Council
consideration for approval on 2/11/2025.
2/11/25 $ 1,576,432
Wastewater 2020-08WW WWTP Equalization Basin Design/CEQA 90% Completed 60% drawings, 90% drawings are in reviewed.

Development of 100% drawings; working with EPA
on grant funding.

Submitall of 100% drawings 2/1/25 $ 362,866
Water 2023-15 Ramsey Street Water Line Design 100% Contract awarded and kick off meeting held. Construction Started on 1/13/25 Punchlist Items 11/1/24 $ 250,000 Water 2023-15 Ramsey Street Water Line Construction 5% Notice to proceed issued; pre-construction meeting held Potholing Trenching, water main installation. 10/1/25 $ 1,199,106 Water 2022-07W Well M12A (Phase 2: Well Equipping an Site Development)
Bidding 90% Completed final bid documents Currently out for bid Bids due 1/27/2025, Award Construction Contract at the 2/11/2025 CC Meeting
2/11/25 $ 2,254,005
Recycled
Water
2024-1RW Charles Street and Lincoln Street
Booster Station and Reservoirs
Construction 0% Project has been advertised for bids Pre-Construction Scheduled for 1/27/25 Begin Construction Activities 2/1/26 $ 10,160,200 Facility 2023-16 Opportunity Village Sound Wall Design 60% Project kicked off. 100% Plans Approved by City. Waiting on Caltrans Approval and Encroachment Permit
Final Plans 3/31/25 $ 103,486
Facility 2023-06 Lions Park Non-Potable Water
Conversion
Design 100% Project Awarded. Kick Off Meeting. Surveying and utility research
100% Plans Approved by City. Prepare Bid Package to go out in July after Completion of Little League Season
12/1/25 $ 98,500
Electric Sun Lakes Blvd Extension Design 60% Full underground conversion design and const estimate completed. Further direction given to reduce cost of
project
Completing redesign of project to reduce the
amount of overhead to underground conversion
Prepare bid package to include with larger
Public Works project
12/1/26 $ 55,400
Electric Robertson's Ready Mix Pole Relocation Construction 0% Line Extension Agreement approved by City Council.

Additional comments provided by Robertson's Ready Mix
Update and execute ageemtment, and collect
deposits from Robertson's to begin ordering
materials for construction
Order materials for contruction and schedule
installation
6/30/25 $ 425,000
Electric 12kV Reconductor on Barbour St at
Hathaway
Design 90% Design has been completed for the project Plan in review with amangement Include project in budget cycel for 2025/26; Order materials for contruction and schedule
installation
12/30/25 $ 100,000

PUBLIC WORKS CAPITAL IMPROVEMENT PROJECTS (CIP) TRACKING SHEET 95 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Laurie Sampson, Assistant City Manager
MEETING DATE: January 28, 2025
SUBJECT: Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports for December 2024 RECOMMENDATION:

Receive and file.

BACKGROUND:

Per Purchasing Policy B-30, 3-105(5), written notification by the Purchasing Officer of all City Manager approved contracts will be provided quarterly to the City Council for review, and 16-107(3), The City Manager, or his designated representative, shall make a monthly written report to the City Council as to all Change Orders approved by the City Manager during the month, and of all possible future Change Orders that may appear probable prior to the next monthly report. At a minimum, the City Manager shall provide the Council with the name and nature of the contract, all Change Orders approved during that month, the reason for the Change Orders, the cumulative amount of the Change Orders for that contract, and any additional information the Council requests.

JUSTIFICATION:

While the policy requires contracts signed under the City Manager’s signature authority be submitted to City Council on a quarterly basis, it is staff’s intent to submit these reports on a monthly basis to provide continuity with other monthly reports submitted to Council.

FISCAL IMPACT:

None
ALTERNATIVES:

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. CM Authorized_Inventory December 2024.pdf
96 City Manager
Approval Date Vendor Name Description of Item/Service Contact Award Total Department/ Division Comments 12/2/2024 Quadient Leasing USA City Hall Postage Machine 7,775.54 CM - City Manager 12/3/2024 Bell Roof Co City Council Chamber Roof Repair 90,545.00 PW - Building/Facilities CUPCCAA 12/3/2024 Efficiency Services Group Energy Efficiency Programs 5,000.00 PW - Electric (Public Benefits)
SB1037 Reporting
12/4/2024 Engineering Resources of
Southern California, Inc.

Prepare Legal Documents for Ivy Substation
Parcel Division
4,700.00 PW - Engineering
12/5/2024 ABS Facility Services City Hall West Side Reconfiguration 27,019.00 PW - Building/Facilities CUPCCAA 12/9/2024 Canon Financial Services, Inc. Plotter Lease 7,655.04 PW - Electric 12/12/2024 Air Exchange, Inc. Fire Station 89 Plymovent Exhaust Extraction System
37,482.84 PW - Building/Facilities CUPCCAA
12/16/2024 Coastal Boiler Works Repair Defector Blower 18,110.69 PW - Water CUPCCAA 12/28/2024 American Construction
Company, LLC
City Hall West Side Reconfiguration 55,549.80 PW - Building/Facilities CUPCCAA Contracts Approved Within City Manager Signature Authority FOR MONTH OF DECEMBER 2024
97 Date Vendor Name Description of Item/Service Contact Award Total Change Order Comments
12/12/2024 Albert A. Webb Associates A#2 WWTP EQ Basin Design 145,300.00 - Time Extension Only 12/12/2024 Integrity Landscape & EcoscapA#2 Weed Abatement - Increase not to exceed am 155,000.00 30,000.00 Increase Not to Exceed Amount
12/16/2024 West & Associates A#1 Water Supply Assessment for Atwell Phase 2 4,950.00 - Time Extension Only 12/19/2024 Mariposa Landscape, Inc. A#2 Weed Abatement - Decrease not to exceed a 95,000.00 (30,000.00) Decrease Not to Exceed Amount
12/28/2024 AED Energy Services LLC A#5 Phase 1 ENG Services CNG Station 110,625.00 - Time Extension Only Date Vendor Name Description of Item/Service Amount Department Comments 12/17/2024 OneSource Distributors Low Brake Elbox, Fuse Unit 35,698.65 PW - Electric 12/19/2024 OneSource Distributors SC Padmounted Switchgear, Cable 664,096.22 PW - Electric FOR MONTH OF DECEMBER 2024
Change Orders Approved Within City Manager Signature Authority FOR MONTH OF DECEMBER 2024
INVENTORY PURCHASES OVER $25K
98 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Laurie Sampson, Assistant City Manager
MEETING DATE: January 28, 2025
SUBJECT: City Council Travel and Conference Expense Report Year to Date Through December 2024
RECOMMENDATION:

Receive and file.

BACKGROUND:

The City Council attends many events, conferences, and training sessions while serving the City of Banning. The rules for these events and expenses are enforced by the Reimbursement Policy for Elected and Appointed Officials as well as by Policy E-3 Travel and Meeting Policy.

JUSTIFICATION:

As part of the Reimbursements Policy for Elected and Appointed Officials each official must briefly report on outside meetings, and all City reimbursement expenditures are subject to disclosure under the Public Records Act and other applicable laws. This monthly report will enable the City to comply with this requirement.

FISCAL IMPACT:

All expenditures under this category are from account 001-1000-411.23-05. As of December 31, 2024, the total charged to this account is $8,123.35.

ALTERNATIVES:

Providing statistics keeps the Council, staff, and residents apprised of current council activities. If the statistics are not presented to the Council on a regular basis, then they should be provided on another platform.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. City Council Travel through December 31, 2024.pdf
99 AS OF DECEMBER 31, 2024
BUDGET $ 31,500.00
WALLACE $ 3,777.99
SANCHEZ $ 1,012.49
FLYNN $ 1,982.87
BARRINGTON $ -
MILLER $ 675.00
ROYCE $ 675.00
TOTAL $ 8,123.35
BALANCE AVAILABLE $ 23,376.65

CITY COUNCIL TRAVEL AND CONFERENCE BUDGET
ACCOUNT 001-1000-411.23-05
FY2024-2025
100

SANCHEZ
Date Event Amount
8/6/2024 State of the 5th District $ 100.00
9/19/2024 Beaumont State of the City $ 75.00
10/16/2024 League of California Cities Annual Meeting/Meals $ 115.25 10/16/2024 League of California Cities Annual Meeting/Mileage $ 116.83 10/18/2024 League of California Cities/Hotel Westin $ 605.41 Total Expenses $ 1,012.49
TRAVEL AND CONFERENCE FY 2024-2025
C00016
101

WALLACE
Date Event Amount
7/12/2024 Banning Sunrise Breakfast $ 25.00
7/23/2024 Chad Bianco Luncheon $ 85.00
7/31/2024 July 2024 Mileage $ 54.61
8/1/2024 Riverside County Women's Leadership Conference $ 100.00 8/22/2024 Calimesa State of the City $ 75.00
8/31/2024 August 2024 Mileage $ 102.51
9/19/2024 Beaumont Stateof the City $ 75.00
9/24/2024 San Jacinto State of the City $ 71.21
9/30/2024 September 2024 Mileage $ 41.47
10/8/2024 Regional City Managers Presentation $ 25.00
10/16/2024 League of California Cities Annual Meeting/Meals $ 115.25 10/16/2024 League of California Cities Annual Meeting/Mileage $ 116.83 10/18/2024 League ofCalifornia Cities Annual Meeting Hotel/Westin $ 605.41 10/22/2024 League ofCalifornia Cities Annual Meeting Hotel/Westin $ 26.01 10/24/2024 League ofCalifornia Cities Annual Meeting Hotel/Riv Division $ 60.00 10/25/2024 Hemet State of the City $ 75.00
10/31/2024 October 2024 Mileage $ 93.47
11/8/2024 Pass Eda Presentation $ 25.00
11/11/2024 Cal Cities Mayor and Council Traiing/Registration $ 675.00 11/5/2024 Cal Cities Mayor and Council Training/Hotel $ 631.86 11/30/2024 November Mileage $ 126.16
12/4/2024 League of Claifornia Cities Leadership Meeting/Meals $ 135.25 12/4/2024 League of Claifornia Cities Leadership Meeting/Travel $ 120.31 12/30/2024 December Mileage $ 55.81
12/31/2024 League of Claifornia Cities Leadership Meeting/Vehicle Rental $ 261.83 Total Expenses $ 3,777.99
TRAVEL AND CONFERENCE FY 2024-2025
C00013
102
FLYNN
Date Event Amount
7/8/2024 Cal Cities Riverside Division Meeting $ 60.00
7/23/2024 Chad Bianco Luncheon $ 85.00
7/23/2024 State of the 5th District $ 100.00
7/31/2024 Cal Cities Riverside Division Meeting/Mileage $ 14.67 8/22/2024 Calimesa State of the City $ 75.00
9/24/2024 San Jacinto State of the City $ 71.21
10/16/2024 League of California Cities Annual Meeting/ Meals $ 115.25 10/16/2024 League of California Cities Annual Meeting/Travel $ 131.33 10/18/2024 League of California Cities Annual Meeting/Westin $ 555.41 10/18/2024 League of California Cities Annual Meeting/Westin $ 50.00 11/8/2024 Pass EDA Regional City Manager Presentation $ 25.00 11/8/2024 League of California Cities/Webinar $ 25.00
11/11/2024 League of California Cities Mayor and Council Training/Registration $ 675.00 Total Expenses $ 1,982.87
TRAVEL AND CONFERENCE FY 2024-2025
C00020
103

BARRINGTON
Date Event Amount
Total Expenses $ -
TRAVEL AND CONFERENCE FY 2024-2025
C00021
104
MILLER
Date Event Amount
11/11/2024 League of California Cities Mayor and Council Training/Registration $ 675.00 Total Expenses $ 675.00
TRAVEL AND CONFERENCE FY 2024-2025
C00022
105
ROYCE
Date Event Amount
11/11/2024 Leeague of California Cities Mayor and Council Member $ 675.00 Total Expenses $ 675.00
TRAVEL AND CONFERENCE FY 2024-2025
C00023
106

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Perry Gerdes, Water/Wastewater Superintendent Art Vela, Director of Public Works
MEETING DATE: January 28, 2025
SUBJECT: Consideration of Resolution 2025-01 UA, Approving an Agreement with G&G Environmental Compliance, of Riverside, California for Industrial Waste Program Management and Fats, Oils, and Grease (FOG) Inspections and Environmental Compliance Services in the Amount of $62,800 Annually and an Option to Extend Four Additional Years with a Not-to-Exceed $314,000
RECOMMENDATION:

Adopt Resolution 2025-01 UA.

BACKGROUND:

The City of Banning owns and operates its own sewer collection system. In order to reduce the occurrence of sanitary sewer overflows (SSOs), regular inspections are conducted at all food service facilities under the Fats, Oils, and Grease (FOG) Control Program. Large commercial, industrial, and institutional users are also inspected regularly to verify compliance with discharge limits and pretreatment requirements. These inspections require specialized training and knowledge and are best outsourced to consultants that provide these services on an as-needed basis for smaller municipalities such as the City of Banning.

G&G Environmental Compliance, Inc. (G&G) has been performing these services for the City for the past several years and has a very good understanding of the City’s programs and industrial users. In the past, the City had been maintaining it’s industrial pretreatment program and FOG inspections with minimal administration and recently have noticed an upsurge in FOG within the wastewater collection system. In order to avoid issues in the City’s collection system, more inspections and administration are needed.

With strict discharge limits being enforced at the Wastewater Treatment Plant, it is important to monitor the point sources of various constituents such as Nitrogen and Total Dissolved Solids (TDS) so they can be removed to the extent possible before entering the sewer collection system. Assistance in developing new monitoring requirements and guidelines in response to ever-evolving regulations will also be provided by the consultant.

In coordination with the City’s Purchasing Department, staff solicited a Request for Proposals for “Industrial Waste Program Management with FOG Inspection and Environmental Compliance Services”.

As a result the City received one proposal.

JUSTIFICATION:

The Professional Services Agreement with G&G will allow the City to continue its FOG inspections along 107
with administrative support for additional pre-treatment activities in order to maintain a reliable collection system and compliance with the City’s Waste Discharge Requirements (WDR) at the wastewater treatment plant.

FISCAL IMPACT:

The current adopted budget for Fiscal Year 2024/2025 includes a budgeted amount of $63,000 in Account No. 680-8000-454.23-40. Future budgets will include the required funding to support G&G’s annual services.

ALTERNATIVES:

Do not adopt Resolution 2025-01 UA and provide alternative direction to staff.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-01 UA, GG Compliance.docx

2. C01106 - G&G PSA for IndWaste and FOG Prog Mgmt.pdf

3. Cover_letter_and_Fee_Schedule_PTP_2024.pdf
108
Resolution 2025-01 UA

Page 1 of 4 ends

RESOLUTION 2025-01 UA

A RESOLUTION OF THE UTILITY AUTHORITY OF THE CITY OF BANNING, CALIFORNIA, APPROVING AN AGREEMENT WITH G&G ENVIROMENTAL COMPLIANCE INC. OF

RIVERSIDE, CALIFORNIA FOR INDUSTRIAL WASTE PROGRAM MANAGEMENT, FATS,

OIL, AND GREASE (FOG) INSPECTIONS, AND ENVIROMENTAL COMPLIANCE SERVICES IN THE AMOUNT OF $62,800 ANNUALLY AND AN OPTION TO EXTEND FOR FOUR ADDITIONAL YEARS WITH A NOT-TO-EXCEED AMOUNT OF $314,000 WHEREAS, the City of Banning owns and operates its own sewer collection system; and WHEREAS, discharges for the water system are regulated under the National Pollutant Discharge Elimination System (NPDES) and regular inspections are required to verify compliance; and
WHEREAS, discharges for the sewer system are regulated at the waste water treatment plant in compliance with the City’s Waste Discharge Requirements (WDR), most recently updated in June 2016 by the Regional Water Quality Control Board; and WHEREAS, ensuring compliance with discharge limits at the wastewater treatment plant requires regular inspections of point discharges into the sewer collection system; and WHEREAS, in order to reduce the occurrence of sanitary sewer overflows (SSOs), regular inspection are conducted at food service facilities under the Fats, Oils and Grease (FOG) Control Program; and
WHEREAS, specialized training and knowledge is needed to conduct the required inspections and therefore City staff advertised an Request for Proposals (RFP) to procure the required services; and
WHEREAS, G&G Environmental Compliance, Inc. submitted a proposal as a response to the RFP and has the experience and qualifications to provide the services required by the City.

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

SECTION 1. The Banning Utility Authority hereby approves the agreement with G&G Environmental Compliance, Inc. for Industrial Waste Program Management with FOG Inspection and Environmental Compliance Services in the amount of $62,800 per year for an agreement not to exceed five years or a total contract amount of $314,000.

SECTION 2. The Banning Utility Authority authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to the Professional Services Agreement for Industrial Waste Program Management with FOG Inspection and Environmental Compliance Services.

SECTION 3. The Banning Utility Authority authorizes the City Manager to make necessary nonsubstantive changes and to execute the Professional Services Agreement with G&G Environmental Compliance, Inc., including term extensions not to exceed a total of five years. 109
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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 28th day of January, 2025.

Sheri Flynn, Chairperson
Banning Utility Authority
ATTEST:

Caroline Patton, Secretary
Banning Utility Authority
APPROVED AS TO FORM:

John Pinkney, Authority Counsel
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CERTIFICATION:

I, Caroline Patton, Secretary of the Banning Utility Authority, do hereby certify that the foregoing Resolution 2025-01 UA, was duly adopted by the Banning Utility Authority of the City of Banning, California, at a regular meeting thereof held on the 28th day of January, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Secretary
Banning Utility Authority
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EXHIBIT A
Professional Services Agreement G&G Environmental Compliance, Inc. 112
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AGREEMENT FOR PROFESSIONAL SERVICES (C01106) FOR

INDUSTRIAL WASTE PRETREATMENT AND FOG CONTROL

PROGRAM MANAGEMENT BY AND BETWEEN CITY OF BANNING
AND G&G ENVIRONMENTAL COMPLIANCE, INC.

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

RECITALS
A. City has sought by issuance of a request for proposals (RFP #24-083) for the performance of the services for the Industrial Waste Pretreatment and FOG Control Program Management and as further defined and described particularly in Article 1 of this Agreement.

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “Services” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Consultant covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, and fit 113
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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). 114
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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. 115
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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
Gary Ethridge President/Owner
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. 116
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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 117
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Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

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-Two Thousand Eight Hundred Dollars ($62,800.00) (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.
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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 119
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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 January 31, 2026 with the option to renew for four (4) one-year terms, unless sooner terminated as provided in Article 6 of this Agreement or extended as provided in Sections 1.8 and 3.3 of this Agreement.

Maximum term and any subsequent amendment or modification shall not exceed five (5) years.

ARTICLE 4. INSURANCE AND INDEMNIFICATION

4.1 Minimum Scope and Limits of Insurance.

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

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

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

C. Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required; however, Consultant shall execute a declaration that it has no employees.
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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.
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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 122
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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. 123
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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 124
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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. 125
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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 126
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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 127
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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.

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. 128
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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: Perry Gerdes
Water/Wastewater Superintendent
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
If to Consultant: Attn: Gary Ethridge
President/Owner
G&G Environmental Compliance, Inc.
5053 La Mart Drive, Suite 23
Riverside, CA 92507
Email: [email protected]

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8.2 Interpretation.

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

8.3 Counterparts.

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

8.4 Integration; Amendment.

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

8.5 Severability.

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

8.6 Mutual Cooperation.

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

B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 130
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8.7 No Third Party Beneficiaries Intended.

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

8.8 Final Payment Acceptance Constitutes Release.

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

8.9 Non-Appropriation of Funds.

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

8.10 Headings.

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

8.11 Word Usage.

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

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

8.13 Corporate Authority.

The persons executing this Agreement on behalf of the Parties hereto warrant that (i): such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver 131
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this Agreement on behalf of that Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

8.14 Electronic Signatures.

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

CITY OF BANNING CONSULTANT

Douglas Schulze, Date
City Manager
NAME: Date
TITLE:

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Administrative City Clerk

Address:

APPROVED AS TO FORM:

City Council Approval: _____________
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.
133
Exhibit “A”-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing program management services for the Industrial Waste and FOG programs prepared in connection therewith:

II. As part of the Services, Consultant will prepare and deliver the following tangible work products and services to City:
134
G&G Environmental Compliance, Inc.  www.ggcorp.net .
5053 La Mart Drive Suite 203  Riverside  CA  92507
1 Understanding and Project Approach
Project Understanding
G&G is very familiar with the City and the surrounding area due to our previous work history with the City’s Industrial Pretreatment Program and NPDES Inspection Program, We have also worked closely with State regulatory staff and management at both the Santa Ana Regional Board and the Colorado River Basin Section more than 20 years as consultants for City and Municipal Water Agencies.

G&G has read the scope of services as provided in RFP No. 24-083 which details the current number of permitted Significant Industrial Users (SIUs); current program inspection requirements; self-monitoring and City monitoring requirements; annual regulatory reporting criteria; monthly status reporting to maintain communication with City staff related to program issues, activities, and budgets. Further, G&G understands that additional tasks are also needed, and will respond in other areas as needs emerge to resolve issues related to plan checks; data entry into the City’s data base program for tracking program activities and compliance, and input into evolving regulatory requirements that are issued by either the State or Regional Water Quality Control Board.

G&G is familiar with the XC2 database system and Geoviewer databases utilized by the City.

G&G further understands that currently the City is not required to implement an approved Pretreatment Program however that could change with the issuance of a revised Waste Discharge Requirement Order from the Colorado River Basin Section as new Industrial Users locate in the City. G&G has the expertise and experience to develop the required program elements to meet those regulatory challenges should they arise. Program elements such as Ordinance development, developing local wastewater discharge limitations, and Enforcement Response Plan documents can be developed as required but would require additional funding through either an amended Contract or as a separate bid. G&G is uniquely qualified to provide those additional services due to our experience in working with the City while providing Industrial Pretreatment Program services from 2010 through 2015 and Wastewater and NPDES Inspection services from 2019 through 2024.

The G&G team is comprised of technical and professional staff at various skill levels that will allow for the delegation of work in each program area to the most appropriate skill level to maximize the use of resources and to provide the City with regulatory support services that assure the most value for the City and their customers. Many of our team members are proficient in different program areas identified in the RFP which enhances the availability of resources at any given time to respond to emergent issues.

Project Approach
Methodology
G&G will prioritize all tasks based upon deadlines or other factors that indicate elevated priorities due to goals and objective management. The primary focus of this proposal is on EXHIBIT "A" Exhibit "A" -2
135
G&G Environmental Compliance, Inc.  www.ggcorp.net .
5053 La Mart Drive Suite 203  Riverside  CA  92507
2 the implementation of all required program elements related to inspection, monitoring, regulatory reporting, and compliance assurance practices.

Other program requirements including Ordinance development, Enforcement Response Plan (ERP) development, local wastewater limitations study and development, protracted enforcement response actions (civil liability or criminal cases limits, Administrative Orders or Hearings, etc.) are not included in the Routine Daily implementation costs but are itemized separately in the budget to identify projected costs for those essential program elements should they need to be evaluated and updated.

Industrial Pretreatment Program Tasks
The work plan that follows is organized into the essential program areas (Inspection, Monitoring, Permitting, Enforcement, and Administration). Also included are statements related to the coordination of these key tasks with City personnel and management, appropriate regulatory agencies, and the Industrial and Commercial Users. One of the program management responsibilities is to evaluate the effectiveness an adequacy of the program to ensure it is in full compliance with State and federal Pretreatment Program requirements. Included in this proposal is an evaluation of the existing program to advise the City of any program modifications that may be necessary.

Inspections:
♦ All permitted users, significant, non-significant and commercial industrial users will be inspected in accordance with the type and significance of their discharge, (Commercial Users), restaurants and automotive facilities will be inspected as often as needed to prevent any possible sanitary sewer overflows due to excessive oil and grease in the sanitary sewer system from these types of facilities. ♦ Conduct site inspections for permit renewal process; perform follow-up inspections as needed due to process changes and/or violations.
♦ Surveillance monitoring will be performed as needed to monitor any industrial users that are suspected of causing any adverse impact on the City’s POTW. Surveillance monitoring will also be conducted downstream of any industrial user that may be on a compliance schedule to install pretreatment equipment due to past violations. ♦ Self-monitoring reports will be reviewed for proper documentation including certifications, chain of custody, proper sampling and analysis procedures and proper analytical method used as outlined in 40 CFR 136.

Permitting:
♦ Permitted industrial User files will be reviewed on a continuous basis and evaluated for proper category, up to date with compliance in accordance with their permit and any new regulations that may have been approved by the EPA. Permits will be revised as needed.
♦ Permits are generally written for 1- 2 years in duration. This is determined by the IU designation (permit classification) and the processes that are being permitted as well as the potential for changes to occur during the permit period. No permit may be issued for a period longer than 5 years.

EXHIBIT "A" Exhibit "A" -3
136
G&G Environmental Compliance, Inc.  www.ggcorp.net .
5053 La Mart Drive Suite 203  Riverside  CA  92507
3 ♦ The permitting task will involve renewals of the City’s 4 currently permitted IUs and any new permits that may be required for new IUs that are determined through city surveys or those that are establishing new businesses within the City.

Enforcement:
♦ Any violations will be immediately followed up on using the City’s procedure outlined in the current Ordinance. All violations will be evaluated on a case-by-case basis to determine the significance and any possible POTW, environment and/or city worker impact.
♦ The goal is to resolve and eliminate violations at the lowest level of enforcement as described in the current Ordinance.
♦ All enforcement actions are documented and placed in the file (both electronically and hard copy) to establish compliance history.
♦ Enforcement actions will be reported and communicated to designated City management to ensure feedback and input from the City prior to commencing with punitive type enforcement such as fines, non-compliance fees, or permit suspensions, etc.

Administration:

Administration of the Program includes the day-to-day activities of documenting, filing, telephone calls, preparing reports, data entry, review of program documents (i.e., Ordinances, ERP, local limits, interjurisdictional agreements, etc.) and any necessary coordination of activities. Some of those activities are described below. ♦ All required reports will be prepared using data acquired and put into the City’s data management program and forwarded to City’s staff for review and approval. ♦ Each quarter industrial users will be evaluated for compliance, industrial users determined to be in significant non-compliance (SNC) will receive a letter after the annual report is prepared.
♦ Review of new city business license applications. Tenant improvement projects or occupancy permits to determine the appropriate regulatory requirements and pretreatment equipment that may be needed prior to discharging to the City’s sewer. ♦ All industrial data and activities performed, including copies of permits, sampling and analysis reports, inspection reports, phone events, sampling events, letters, violation notices, follow up inspections and etc. will be kept in the Industrial Users files. All files will be kept organized.
♦ City’s local limits will be reviewed and evaluated on a continuous basis. ♦ Any significant change in level will cause the local limit for that constituent to be changed. All industrial users will be notified of the change or changes and the effective date. Any headwork loading for any constituent at City’s POTW that could cause any possible WDR permit issues will be evaluated and a new local limit will be calculated. ♦ A report will be prepared for City staff to review and approve. ♦ Documentation will be sent to the RWQCB informing them of any local limit proposed changes, after their approval G&G will move forward, prepare new local limits, revise ordinances and local limit resolution for City staff review, approval and submittal to City attorney and City Council for approval at a public meeting as required.

EXHIBIT "A" Exhibit "A" -4
137
G&G Environmental Compliance, Inc.  www.ggcorp.net .
5053 La Mart Drive Suite 203  Riverside  CA  92507
4 ♦ A monthly report will be provided to City staff updating them on the status of the pretreatment program. G&G staff will meet at least every two weeks with the City’s Water/Wastewater Public Utilities Superintendent keeping him informed of the status of the program, industrial user violations and any other important issues.

Quality Assurance Program (QA/QC)
All G&G inspectors working on technical aspects of the City’s pretreatment program will be certified according to the duties they are performing, all decisions, supervision and management will be performed by a Grade III or Grade IV Environmental Compliance Inspector.

In the event of an EPA Pretreatment Compliance Inspection or Audit G&G staff will assist the City staff with any technical aspects of the inspection and reporting requirements that may be required by State and/or EPA.

Fats, Oils, and Grease (FOG) Control Program
G&G inspectors have been performing restaurant and automotive interceptor inspections for over 20 years in cities throughout southern California. G&G has successfully performed FOG Control Program inspections for the City of Banning (since 2007); City of Colton (since 2005); Western Municipal Water District (2003-2012); City of Corona (since 2009); and Yucaipa Valley Water District (since 2008). G&G has also developed Sewer System Management Plans (SSMPs) for each of these agencies that integrated the FOG Control Programs as a means by which each agency can document the reduction of sanitary sewer overflows related to oil and grease blockages. Our inspectors are highly skilled in detecting poorly maintained interceptors and the lack of Best Management Practices at each facility and are able resolve many of these issues quickly through education and courteous service which maintains good working relationships with small business owners and the City. An effective FOG Control Program is also important in protecting the City residents from the hazards associated with off-site spills as well as improving the quality of stormwater runoff during the wet weather seasons.

G&G uses a combination of education (best management practices) and escalating enforcement responses to control the amount of fats, oils, and grease that enter the sewer system to minimize sanitary sewer overflows. G&G follows a written program of progressive enforcement for all continuing violations that results in rapid responses to all violations that corrects violations at the lowest levels of enforcement and minimizes liability for the City when auditors from the Regional Board, EPA, Health Department, or other regulatory agencies occur.

EXHIBIT "A" Exhibit "A" -5
138
Exhibit “A”-6
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. 139
Exhibit “B”-1
11303-0008\2344655v8.doc
EXHIBIT “B”

SPECIAL REQUIREMENTS
None
140
Exhibit “C”-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks (“Tasks”) at the rates set forth in 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. 141
Exhibit “C-1”-1
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
142
Exhibit “C-1”-2
143
Exhibit “C-1”-3
144
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.
145
Exhibit “D-1”- 1
EXHIBIT “D-1”

PROPOSED PROJECT SCHEDULE

146
11/1/2024
Ms. Barbara Mason
City of Banning Purchasing Manager
99 E. Ramsey Street
Banning, CA 92220
SUBJECT: FEE SCHEDULES TO PROVIDE INDUSTRIAL WASTE PROGRAM

MANAGEMENT, FOG AND ENVIRONMENTAL COMPLIANCE
SERVICES – RFP NO. 24-083
Dear Ms. Mason,
The attached Fee Schedules are submitted to indicate the proposed cost for providing services for each of the three program areas identified in the City of Banning’s Request for Proposal (RFP No. 24-083). Specifically, for professional regulatory support services related to Industrial Waste Program Management with FOG Inspections and Environmental Compliance Services.

On behalf of G&G, I am pleased to provide our proposal. Any questions or comments regarding the attached proposal that may arise during the evaluation period should be directed to:

Gary Ethridge, President G&G
5053 La Mart Drive Suite 203
Riverside, CA 92507
Office: (951) 683-3538 Fax: (951) 683-3859
Cellphone: (951) 858-1542
e-mail: [email protected]
The attached Fee Schedule shall remain valid for a period of at least 60 days from the date of the submittal.

Sincerely,
Gary Ethridge, President G&G
cc: Sean Harrison, Vice President G&G
Susan Hunt, Administrative Services Manager G&G
147
NO. DESCRIPTION Principal PM Tech Lead Inspector I-II Admin Other Direct costs Client Billing Rates $180 $125 $115 $95 $90 Travel ($0.67/mi) Material at Cost+15% PTP1 INSPECTIONS

1.1 SIU Field Inspections 8 12 20 2,060 3,500 5,560

1.2 IU Field Inspections 60 60 5,700 5,700

1.3 IU Survey 4 12 16 1,600 1,600

1.4 Quality Assurance Review 12 10 22 2,400 2,400
0 12 12 84 10 118 11,760 3,500 15,260
PTP2 PERMITTING

2.1 Pre-permitting Inspections 6 6 690 690

2.2 Permit Development 8 8 1,000 1,000

2.3 Quality Assurance Review/SMR Reviews 2 4 6 710 710

2.4 Administratiive Tasks 8 8 720 720
0 10 10 0 8 28 3,120 0 3,120
PTP3 REGULATORY REPORTING

3.1 Compliance Reports 2 4 6 710 710

3.2 Annual Reports 4 4 500 500

3.3 PCI & PCA Response 8 8 4 20 2,280 2,280
0 14 12 0 4 30 3,490 0 3,490
PTP4 INDUSTRIAL COMPLIANCE

4.1 Routine Compliance (NOV or less) 20 20 1,900 1,900

4.2 Administrative Orders 12 12 1,500 1,500

4.3 Cease & Desist other legal remedies 8 10 18 1,870 1,870

4.4 Surveillance Activities 0 0 0

4.5 QA/QC and Management 2 16 18 2,360 2,360
2 28 8 30 0 68 7,630 0 7,630
PTP5 PLAN CHECK

5.1 Blueprint and Survey review 12 8 20 2,420 2,420

5.2 On-site inspection 24 24 2,280 2,280
0 12 8 24 0 44 4,700 0 4,700
PTP6 ADMINISTRATION

6.1 Program Management 12 12 0

6.2 Administrative Duties and Data Entry 24 10 34 0

6.3 Monthly Status Reporting 12 12 1,500 1,500
2 24 0 24 10 58 1,500 0 1,500
346 32,200 3,500 35,700
ODC
Billable Task Areas by Classification
City of Banning Fee Schedule
Industrial Waste Pretreatment Program Management

LABOR TOTAL

HOURS TOTAL

INDUSTRIAL WASTE PRETREATMENT

PROGRAM MANAGEMENT ASSIGNED STAFF
148
NO. DESCRIPTION PM Tech
Lead
Inspector
I-II
Inspector I
Candidate Admin Other Direct costs
Client Billing Rates $125 $115 $95 $60 $90
Travel ($0.67/mi)
Material at Cost+15%
FOG1 INSPECTIONS

1.1 Field Inspections 100 100 6,000 2,500 8,500

1.2 Inspection Tracking 24 24 2,280 2,280

1.3 Outreach, Education and BMP Development 24 18 42 4,470 4,470

1.4 Quality Assurance Review 6 10 12 28 3,040 3,040
6 34 54 100 0 194 15,790 2,500 18,290
FOG2 COMPLIANCE ASSURANCE

2.1 Follow-up Inspections 12 12 1,140 1,140

2.2 Issue Written Warnings 10 10 950 950

2.3 Issue NOV or Administrative Order to Comply 0 0 0

2.4 Administrative Duties and Data Entry 0 0 0

2.5 QA/QC and Management 6 6 12 1,440 1,440
6 6 22 0 0 34 3,530 0 3,530
FOG3 ADMINISTRATION

3.1 Program Management 12 12 1,500 1,500

3.2 Administrative Duties and Data Entry 24 24 2,280 2,280

3.3 Monthly Status Reporting 12 12 1,500 1,500
24 0 24 0 0 48 5,280 0 5,280
TOTALS 36 40 100 100 0 0 276 24,600 2,500 27,100
City of Banning Fee Schedule
Fats, Oils, and Grease (FOG) Control Program
LABOR $
TOTAL
LABOR
HOURS
ODC $ TOTAL $

FOG CONTROL PROGRAM ASSIGNED STAFF
149

ENVIRONMENTAL COMPLIANCE

SPECIAL SERVICES
NO. DESCRIPTION Principal PM Tech Lead Inspector I-II Admin Other Direct costs Client Billing Rates $180 $125 $115 $95 $90 Travel ($0.76/mi) Material at Cost+15% ECSS1 PTP COMPLIANCE

1.1 Review, Update Ordinance 12 24 36 $5,160 $1,200

1.2 Review Update Enforcement Response Plan 12 24 36 $5,160

1.3 Review Local Limits * 24 48 72 $10,320

1.4 Quality Assurance/Regulatory Program Audits/Other 12 24 36 $5,160 60 120 180 $25,800 $1,200 $27,000
ECSS2 TRAINING & PROGRAM IMPROVEMENTS

2.1 Develop Training Materials 24 12 36 $4,380

2.2 Provide Training 18 12 30 $3,630

2.3 Develop Program Standard Operating Procedures 18 12 30 $3,630

2.4 Provide Technical Assistance with Regulatory Matters 12 24 12 48 $6,540

2.5 Meetings with City or Regualtory Officials 14 12 26 $3,130

2.4 Administrative Duties and Data Entry 0 $0

2.5 QA/QC and Management 24 12 36 $4,380
12 122 72 206 $25,690 $0 $25,700
72 242 72 386 $51,490 $1,200 $52,700
Subtotals $ ODC TOTAL $
City of Banning Fee Schedule
Environmental Compliance Special Services
Billable Task Areas by Classification

ASSIGNED STAFF
*The review is to determine if new limits are required.

A cost estimate to determine new limits would be developed based upon the findings.

TOTALS
TOTAL
LABOR
HOURS
150

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Barbara Mason, Purchasing Manager
Lincoln Bogard, Administrative Services Director
MEETING DATE: January 28, 2025
SUBJECT: Consideration of Resolution 2025-09, Increasing the California Uniform Public Construction Cost Accounting Act (CUPCCAA) Bid Limit Amounts to Reflect the Changes As Passed by State of California Assembly Bill 2192
RECOMMENDATION:

Adopt Resolution 2025-09.

BACKGROUND:

In 1983, the State of California adopted the Uniform Public Construction Cost Accounting Act (CUPCCAA or "Act"). CUPCCAA authorizes public entities to follow an alternative public contracting approval process. The Act was enacted to promote uniformity of the cost accounting standard and bidding procedures on construction work performed or contracted by public agencies in the State. In summary, CUPCCAA provides flexibility to agencies by establishing a sliding scale of formality in the bidding process depending on the dollar amount as follows:

For public projects costing $60,000 or less, agencies can self perform the project or award to any qualified contractor without the need to publicly advertise or seek bids prior to the award of that contract.

For public projects costing greater than $60,000 up to $200,000, the agencies may obtain three informal quotes. Note that CUPCCAA provided that if all bids received are in excess of $212,000, an agency may, upon adoption of a resolution by a four-fifths vote, award the contract up to $212,000, to the lowest responsible bidder.

The City Council adopted CUPCCAA on August 27, 2019, by Ordinance No.1550 and Resolution No. 2019-99. The City's B-30 Procurement Policy (B-30) was updated to include this adoption and bid limits.

Later in the year, the City approved Ordinance No. 1604 which superseded Ordinance No. 1550 which provided the guideline location for the bid limits would be in B-30. The City continues to operate and utilize this Act for Public Works projects which has streamlined the procurement process, expedited projects, and increased productivity.

On September 29, 2024, Assembly Bill 2192 was enacted providing an update the to the existing CUPCCAA. Effective January 1, 2025, CUPCCAA bidding limits were increases as follows:

For public projects costing $75,000 or less, agencies can self perform the project or award to any qualified contractor without the need to publicly advertise or seek bids prior to the award of that contract.
151
For public projects costing greater than $75,000 up to $220,000, the agencies may obtain three informal quotes. Note that CUPCCAA provided that if all bids received are in excess of $235,000, an agency may, upon adoption of a resolution by a four-fifths vote, award the contract up to $235,000, to the lowest responsible bidder.

Additionally, the "Public Project" definition was modified to include "installation and is now defined as "construction, reconstruction, erections, alternation, renovation, improvement, demolition, installation, and repair work involving any publicly owned, leased or operated facility.” There was also a clarification made to public projects that involve publicly owned utility systems to make clear that the provision applies to a “publicly owned electric utility system." Further, the CUPCCAA Commission can can now review potential violations related to bid splitting or exceeding the Act’s bid limits and review a public agency’s noncompliance with the bidding procedures related to the publication or posting and electronic transmission of notices inviting formal bids.

JUSTIFICATION:

The City adopted CUPCCAA to include Legislature increases to the limits periodically over time. This is the first increase since the Act inception in 1983. The City continues to operate and utilize this Act allowing for expedited processing and increased productivity for public projects. City Staff continues to report out all contracts for CUPCCAA monthly to the City Council for review and transparency.

FISCAL IMPACT:

Continued savings in time and operational efficiencies across multiple departments.

ALTERNATIVES:

1. Adopt Resolution 2025-09 and update the bidding limits in the B-30.

2. Provide Staff with alternative direction.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2025-09, CUPCCAA Limits.docx

2. Reso 2019-92.pdf

3. Bill Text - AB-2192 Public agencies_ cost accounting standards_.pdf

4. Procurement Administrative Policies CUPCCAA Changes.pdf 152
Resolution 2025-09

Page 1 of 3 ends

RESOLUTION 2025-09

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

APPROVING AN INCREASE THE CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST

ACCOUNTING ACT (CUPCCAA) BID LIMIT AMOUNTS TO REFLECT THE CHANGES AS PASSED BY STATE OF CALIFORNIA ASSEMBLY BILL 2192
WHEREAS, the City Council of Banning adopted Uniform Public Construction Cost Accounting Act (CUPCCAA or “Act”) on August 27, 2019, by Ordinance No.1550 and Resolution No. 2019-99. The City's B-30 Procurement Policy (B-30) was updated to include this adoption and bid limits.

WHEREAS, the City approved Ordinance No.1604 which superseded Ordinance No. 1550 which provided the guideline location for the bid limits would be in B-30.

WHEREAS, the City continues to operate and utilize this Act for Public Works projects which have streamlined the procurement process, expedited projects, and increased productivity.

WHEREAS, on September 29, 2024, Assembly Bill 2192 was enacted, effective January 1, 2025, providing an update to the existing CUPCCAA which included an increase to the bidding limits.

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

SECTION 1. The City Council hereby adopts the updates to CUPCCAA as passed by State of California Assembly Bill 2192 including the bid requirements.

SECTION 2. The City Council hereby authorizes the City Manager or designee to update the City’s B-30 Procurement Policy.

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

PASSED, APPROVED AND ADOPTED this 28th day of January 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
153
Resolution 2025-09

Page 2 of 3 ends

APPROVED AS TO FORM:

John Pinkney, City Attorney
154
Resolution 2025-09

Page 3 of 3 ends

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-09, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 28th day of January, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
155
RESOLUTION NO. 2019- 92

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BANNING ELECTING TO BECOME SUBJECT TO THE

UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING
ACT
WHEREAS, prior to the enactment of the Uniform Public Construction Cost Accounting Act, California Public Contract Code Section 22000, et seq. (" the Act"), local agencies were required to competitively bid all public projects, as defined, in excess of 5, 000 in accordance with the requirements of California Public Contract Code Section 20160, et seq. Further, prior to the Act, a uniform cost accounting standard was unavailable for construction work performed or contracted by or for local public agencies; and
WHEREAS, pursuant to the Act, the Uniform Construction Cost Accounting Commission, in conjunction with the State Controller, has established uniform public construction cost accounting procedures for implementation by local public agencies electing to be governed by the provisions of the Act in performing or contracting for construction of public projects; and
WHEREAS, the City Council has determined that it is in the best interests of the City of Banning to be subject to the provisions of the Act. The benefits to the City include, but are not limited to, availability of alternate bidding procedures allowing the City to perform work costing up to and including $ 60, 000, as may be revised, by force account, and to let contracts by informal procedures for public projects costing up to and including 200, 00, as may be revised, or more under specified circumstances; and WHEREAS, California Public Contract Code Section 22030 provides that any city that wishes to utilize the alternative procedures for bidding and contracting for public projects must elect, by resolution, to become subject to the uniform construction cost accounting procedures set forth in the Public Contract Code and must notify the State Controller of its election; and
WHEREAS, California Public Contract Code Section 22034 requires each public agency that elects to become subject to the uniform construction cost accounting procedures to enact an informal bidding ordinance that complies with the requirements set forth in Section 22034; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BANNING HEREBY FINDS AND RESOLVES AS FOLLOWS:

SECTION 1. The City Council finds that all of the facts set forth in the foregoing Recitals are true and correct.
11303- 0007\ 2310541v2. doc 156
SECTION 2. Pursuant to the authority set forth in the Uniform Public Construction Cost Accounting Act, California Public Contract Code Section 22000, et seq., the City of Banning hereby elects to be subject to the uniform public construction cost accounting procedures set forth in the Uniform Public Construction Cost Accounting Act and to the policies and procedures manual and cost accounting review procedures established thereunder, as each may be amended from time to time.

SECTION 3. The City Clerk shall notify the State Controller of the City' s election pursuant to Section 2, above. The Mayor shall sign and the City Clerk shall certify to the adoption of this Resolution, with said City Clerk causing to file an original Resolution in the book of original resolutions. This Resolution shall take effect and be in full force immediately.

PASSED, APPROVED AND ADOPTED this 9th day of July, 2019 Arthur L. Welch, Mayor
City of Banning
ATTEST:
a -
Daryl Betancur, Deputy City Clerk
City of Banning
APPROVED AS TO FORM:

Kevin Ennis, City Attorney
Richards, Watson & Gershon
2-
11303- 0007\ 2310541v2. doc 157
CERTIFICATION:

I, Daryl Betancur, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution No. 2019- 92 was duly adopted at a regular meeting of the
City Council of the City of Banning held on the 9th day of July 2019, by the following vote, to wit:

AYES: Happe, Wallace, Andrade, & Welch
NOES: None
ABSENT: Peterson
ABSTAIN: None
Daryl Betancur, Deputy City Clerk
City of Banning, California
3-
11303- 0007\ 2310541v2. doc 158
SHARE THIS: Date Published: 09/30/2024 09:00 PM
AB-2192 Public agencies: cost accounting standards. (2023-2024) Assembly Bill No. 2192
CHAPTER 953
An act to amend Sections 22002, 22032, 22034, 22039, 22042, 22042.5, 22043, and 22044 of the Public Contract Code, relating to public contracts.
[ Approved by Governor September 29, 2024. Filed with Secretary of State September 29, 2024. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 2192, Juan Carrillo. Public agencies: cost accounting standards.

Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 1/21/25, 9:48 AM Bill Text - AB-2192 Public agencies: cost accounting standards. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2192 1/7 159
Existing law, the Uniform Public Construction Cost Accounting Act, authorizes a public agency which has, by resolution, elected to become subject to uniform construction cost accounting procedures. Existing law provides for the development of cost accounting standards and an alternative method for the bidding of public works projects by public entities. The act defines “public project” to include, among other things, construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility.

This bill would define “public project” to additionally include installations involving any publicly owned, leased, or operated facility.

The Uniform Public Construction Cost Accounting Act authorizes public projects of $60,000 or less to be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order, authorizes public projects of $200,000 or less to be let to contract by informal procedures, and requires public projects of more than $200,000 to be let to contract by formal bidding procedures. The act permits the governing body of a public agency, in the event all bids received for the performance of that public project are in excess of $200,000, to award the contract at $212,500 or less to the lowest responsible bidder if it determines the cost estimate of the public agency was reasonable.

This bill would instead authorize public projects of $75,000 or less to be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order, authorize public projects of $220,000 or less to be let to contract by informal procedures, and require public projects of more than $220,000 to be let to contract by formal bidding procedures. The bill would permit the governing body of a public agency, in the event all bids received for the performance of that public project are in excess of $220,000, to award the contract at $235,000 or less to the lowest responsible bidder if it determines the cost estimate of the public agency was reasonable. The bill would also make conforming changes.

The Uniform Public Construction Cost Accounting Act creates the California Uniform Construction Cost Accounting Commission, to fulfill certain duties, including recommending for adoption by the Controller uniform construction cost accounting procedures for implementation by public agencies in the performance of, or in contracting for, construction on public projects. The act requires the commission to review the accounting procedures of any participating public agency where an interested party presents evidence that the work undertaken by the public agency falls into specified categories, including that the public agency has exceeded the force account limits. The act also requires the commission to review practices of any participating public agency where an interested party presents evidence that the public agency is not in compliance with requirements to enact a prescribed informal bidding ordinance to govern the selection of contractors to perform public projects. 1/21/25, 9:48 AM Bill Text - AB-2192 Public agencies: cost accounting standards. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2192 2/7 160
This bill would additionally require the commission to review the accounting procedures of any participating public agency where an interested party presents evidence that the work undertaken by the public agency has been split or separated into smaller work orders or projects, as specified, and would make conforming changes.

The bill would also require the commission to review noncompliance with bidding procedures for the publication or posting and electronic transmission of notice inviting formal bids.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 22002 of the Public Contract Code is amended to read:
22002. (a) “Public agency,” for purposes of this chapter, means a city, county, city and county, including chartered cities and chartered counties, any special district, and any other agency of the state for the local performance of governmental or proprietary functions within limited boundaries. “Public agency” also includes a nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (b) “Representatives of the construction industry” for purposes of this chapter, means a general contractor, subcontractor, or labor representative with experience in the field of public works construction. (c) “Public project” means any of the following:
(1) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, installation, and repair work involving any publicly owned, leased, or operated facility. (2) Painting or repainting of any publicly owned, leased, or operated facility. (3) In the case of a publicly owned electric utility system, “public project” shall include only the construction, erection, improvement, or repair of dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher.
(d) “Public project” does not include maintenance work. For purposes of this section, “maintenance work” includes all of the following:
(1) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes.
1/21/25, 9:48 AM Bill Text - AB-2192 Public agencies: cost accounting standards. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2192 3/7 161
(2) Minor repainting.
(3) Resurfacing of streets and highways at less than one inch. (4) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.
(5) Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher.
(e) For purposes of this chapter, “facility” means any plant, building, structure, ground facility, utility system, subject to the limitation found in paragraph (3) of subdivision (c), real property, streets and highways, or other public work improvement.

SEC. 2. Section 22032 of the Public Contract Code is amended to read:
22032. (a) Public projects of seventy-five thousand dollars ($75,000) or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order. (b) Public projects of two hundred twenty thousand dollars ($220,000) or less may be let to contract by informal procedures as set forth in this article.
(c) Public projects of more than two hundred twenty thousand dollars ($220,000) shall, except as otherwise provided in this article, be let to contract by formal bidding procedure.

SEC. 3. Section 22034 of the Public Contract Code is amended to read:
22034. Each public agency that elects to become subject to the uniform construction accounting procedures set forth in Article 2 (commencing with Section 22010) shall enact an informal bidding ordinance to govern the selection of contractors to perform public projects pursuant to subdivision (b) of Section 22032. The ordinance shall include all of the following:
(a) Notice to contractors shall be provided in accordance with either paragraph (1) or (2), or both. (1) The public agency shall maintain a list of qualified contractors, identified according to categories of work.

Minimum criteria for development and maintenance of the contractors list shall be determined by the 1/21/25, 9:48 AM Bill Text - AB-2192 Public agencies: cost accounting standards. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2192 4/7 162
commission. All contractors on the list for the category of work being bid shall be mailed, faxed, or emailed a notice inviting informal bids unless the product or service is proprietary. All mailing of notices to contractors pursuant to this subdivision shall be completed not less than 10 calendar days before bids are due. (2) The public agency may elect to mail, fax, or email a notice inviting informal bids to all construction trade journals specified in Section 22036.
(b) The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids. (c) The governing body of the public agency may delegate the authority to award informal contracts to the public works director, general manager, purchasing agent, or other appropriate person. (d) If all bids received are in excess of two hundred twenty thousand dollars ($220,000), the governing body of the public agency may, by adoption of a resolution by a four-fifths vote, award the contract, at two hundred thirty-five thousand dollars ($235,000) or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable.

SEC. 4. Section 22039 of the Public Contract Code is amended to read:
22039. The governing body of the participating public agency or its designated representative shall adopt plans, specifications, and working details for all public projects exceeding the amount specified in subdivision (c) of Section 22032.

SEC. 5. Section 22042 of the Public Contract Code is amended to read:
22042. The commission shall review the accounting procedures of any participating public agency where an interested party presents evidence that the work undertaken by the public agency falls within any of the following categories:
(a) Is to be performed by a public agency after rejection of all bids, claiming work can be done less expensively by the public agency.
(b) Exceeded the force account limits set forth in subdivision (a) of Section 22032. (c) Has been improperly classified as maintenance.
1/21/25, 9:48 AM Bill Text - AB-2192 Public agencies: cost accounting standards. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2192 5/7 163
(d) Has been split or separated into smaller work orders or projects, in violation of Section 22033. (e) Has exceeded the limits or otherwise not met the requirements set forth in subdivisions (b) and (c) of Section 22032.

SEC. 6. Section 22042.5 of the Public Contract Code is amended to read:
22042.5. The commission shall review practices of any participating public agency where an interested party presents evidence that the public agency is not in compliance with Section 22034 or 22037.

SEC. 7. Section 22043 of the Public Contract Code is amended to read:
22043. (a) In those circumstances set forth in subdivision (a) of Section 22042, a request for commission review shall be in writing, sent by certified or registered mail received by the commission postmarked not later than eight business days from the date the public agency has rejected all bids. (b) In those circumstances set forth in subdivision (b), (c), (d), or (e) of Section 22042, a request for commission review shall be by letter received by the commission not later than eight days from the date an interested party formally complains to the public agency. (c) The commission review shall commence immediately and conclude within the following number of days from the receipt of the request for commission review:
(1) Forty-five days for a review that falls within subdivision (a) of Section 22042. (2) Ninety days for a review that falls within subdivision (b), (c), (d), or (e) of Section 22042. (d) During the review of a project that falls within subdivision (a) of Section 22042, the agency shall not proceed on the project until a final decision is received by the commission. (e) A request for commission review pursuant to Section 22042.5 shall be in writing, sent by certified or registered mail, and received by the commission no later than eight days from the day an interested party formally complains to the public agency. The commission review shall commence immediately and conclude within 90 days from the receipt of the request for commission review.

SEC. 8. Section 22044 of the Public Contract Code is amended to read:
1/21/25, 9:48 AM Bill Text - AB-2192 Public agencies: cost accounting standards. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2192 6/7 164
22044. The commission shall prepare written findings, which shall be presented to the public agency within 30 calendar days of formal commission review. Should the commission find that the provisions of this chapter or of the uniform cost accounting procedures provided for in this chapter were not complied with by the public agency, the following steps shall be implemented by that agency:
(a) On those projects set forth in subdivision (a) of Section 22042, the public agency has the option of either (1) abandoning the project, or (2) awarding the project to the lowest responsible bidder. (b) On those projects set forth in subdivision (b), (c), (d), or (e) of Section 22042, the public agency shall present the commission’s findings to its governing body within 30 calendar days of receipt of written notice of the findings and that governing body shall conduct a public hearing with regard to the commission’s findings within 60 calendar days of receipt of the findings.
(c) (1) On findings of noncompliance pursuant to Section 22042.5, the public agency shall notify its governing body of the commission’s findings within 60 calendar days of receipt of written notice of the findings from the commission.
(2) The public agency shall notify the commission in writing, within 90 days of receipt of written notice of the findings, of the public agency’s best efforts to comply. 1/21/25, 9:48 AM Bill Text - AB-2192 Public agencies: cost accounting standards. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2192 7/7 165

ADMINISTRATIVE PROCEDURES
City of Banning
14 ADOPTION DATE
06/27/17
FINANCE POLICIES POLICY NO.

B-30

APPROVED BY
City Council

POLICY TITLE

PROCUREMENT POLICIES & PROCEDURES

AMENDMENT DATE
10/08/2019
(Revision 2)
(3) The Authorization Table outlines who may approve contracts and legally binding agreements with external parties that obligate the City and shall apply to all purchases, including Capital Projects and Professional Services Contracts.

City of Banning Purchasing Authorization Table
Purchase Type Purchase Amount Procurement Contract Type Internal Approval Vendor Requirements Goods, Widgets,
Equipment
$0.00 - $5,000.00 1 Quote Purchase Order

1. Department
Head/Manager or Above N/A
$5,000.01 - $25,000.00 3 Quotes Purchase Order