Banning City Council
May 13, 2025

May 13, 2025
5:00 p.m.

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

1. CALL TO ORDER

2. AGENDA APPROVAL
AGENDA

CITY COUNCIL - REGULAR MEETING

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.

This meeting is being held via Zoom so that members of the public may observe and participate in this meeting electronically. If you participate in this meeting via Zoom, you are agreeing to abide by the City's Zoom Community Standards for Public Meetings (provided in full on the last page of the agenda). Esta reunión se lleva a cabo en la Cámara y a través de Video/Teleconferencia en Zoom para que los miembros del público puedan observar y participar en esta reunión de manera electrónica. Si elige participar en esta reunión a través de Zoom, acepta cumplir con los Estándares comunitarios de Zoom para reuniones públicas de la ciudad (que se proporcionan en su totalidad en la última página de la agenda).

To observe and participate in the online video portion of the meeting through your personal computer or device, follow this link:
https://us02web.zoom.us/j/82012644588?pwd=RwqtJC8xehLDKZvr3LEKOf9u8uP2pt.1 Dial in: +1 669 900 9128
Meeting ID: 820 1264 4588
Password: 92220
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 Todd Oldenburg of Thrive Church

1.2 PLEDGE OF ALLEGIANCE

1.3 ROLL CALL

2.1 AGENDA APPROVAL
City Council - Regular Meeting Agenda
May 13, 2025
1 3. PRESENTATIONS

3.1 Proclamation - Kids to Parks Day

3.2 Small Business Recognition Award - Truck Works, Inc.

4. REPORT ON CLOSED SESSION

5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS

6. CONSENT ITEMS

6.1 Approval of the Meeting Minutes for the February 14 and February 25, 2025 City Council Meetings

6.2 Receive and File Cash and Investments Report for the Month of March 2025

6.3 Parks and Recreation Report of Monthly Activities through the 3rd Quarter of Fiscal Year 2024/2025 - March 2025

6.4 Accept an Easement from Tri Pointe Homes for Electric Utility Purposes on Accessor’s Tract Map No. 37389-3 PA 29 within the Atwell Development for the Maintenance of the CityOwned Electric Distribution System

6.5 Consideration of Resolution 2025-55, Awarding a Professional Services Agreement to Tetra Tech, Inc. for CARB Accredited Verification Services - GHG Emissions Report in the Amount Recommendation: Proclaim May 17, 2025 as National Kids to Parks Day.

Recommendation: Staff recommends the City Council recognize Truck Works, Inc. as an exceptional small business within the community.

John Pinkney, Interim City Attorney

5.1 PUBLIC COMMENTS

5.2 CORRESPONDENCE

5.3 APPOINTMENTS

5.4 CITY COUNCIL COMMITTEE REPORTS

5.5 CITY MANAGER'S REPORT

5.6 CITY ATTORNEY'S REPORT

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

Recommendation: Approve the minutes of the February 14 and February 25, 2025 City Council Meetings.

Recommendation: That City Council receive and file Cash and Investment Report for March 2025, in accordance with California Government Code 53646.

Recommendation: Receive and file.

Recommendation: Staff recommends that City Council accept an easement from Tri Pointe Homes for electric utility purposes for Tract Map No. 37389-3 PA 29 within the Atwell development for the maintenance of the City-owned electric distribution system.

City Council - Regular Meeting Agenda
May 13, 2025
2 of $27,500 Over Five Years

6.6 Consideration of Resolution 2025-56, Approving the Renewal Letter Agreement Between the City of Banning and the City of Riverside Renewing the Utility Services Agreement for Fiscal Years 2026 and 2027 at the Current Monthly Rate of $47,074

6.7 Consideration of Resolution 2025-57, Accepting Various Right of Way Dedications, Easements, and Quitclaims of Existing City Easements Related to the Improvement of Wilson Street at Smith Creek, Within the Atwell Specific Plan

6.8 Consideration of Resolution 2025-58, Approving the Street Name Changes Within Tract 33540 (KB Homes - Vista Robles)

6.9 City of Banning Fire Hydrant Maintenance Program

7. PUBLIC HEARINGS

7.1 Consideration of (1) Resolution 2025-59, Approving the Banning Commerce Center Project by Sansone Group, Including a Design Review Application, Case DR 21-7017, for the Construction of a 1,320,284-Square Foot Industrial Warehouse Building on 131.28-acres of Land Generally Located North of the I-10 Freeway/E. Ramsey Street, East of N. Hathaway Street and Bisected by Wilson Street ("Project Site") and a Tentative Parcel Map Application, Case TPM 38756, for the Subdivision of the 131-28-acre Project Site into Three Numbered Lots for Private Development Improvements and Four Lettered Lots for Right-of-Way and Other Improvements; (2) Resolution 2025-60, Certifying the Environmental Impact Report (SCH No. 2022090102), Adopting Findings and a Statement of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program for the Banning Commerce Center Project Consisting of a 1,320,284-Square Foot Industrial Warehouse Building on 131.28-acres of Land Located on the Project Site; and (3) Introduction and First Reading of Ordinance 1609, Approving a Development Agreement By and Between the City of Banning and JDJN Enterprises, LLC, a Missouri Limited Liability Corporation

8. REPORTS OF OFFICERS

8.1 Consideration of Resolution 2025-61, Opposing South Coast Air Quality Management District's Proposed Amended Rules 1111 and 1121

8.2 Consideration of Resolution 2025-62, Receiving a Report in Connection with the proposed Collection on the 2025/2026 Riverside County Property Tax Roll of Delinquent Solid Waste Service Charges for Single-Family and Multi-Family Accounts for Calendar Year 2024, Setting a Public Hearing on the Report and Making a Determination of Exemption Under CEQA
Recommendation: Adopt Resolution 2025-55.

Recommendation: Adopt Resolution 2025-56.

Recommendation: Adopt Resolution 2025-57
Recommendation: Adopt Resolution 2025-58.

Recommendation: Receive and file.

Recommendation:

1. Adopt Resolution 2025-59.

2. Adopt Resolution 2025-60.

3. Introduce and conduct first reading of, by title only, Ordinance 1609: AN ORDINANCE

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

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BANNING AND

JDNJ ENTERPRISES, LLC, A MISSOURI LIMITED LIABILITY CORPORATION Recommendation: Adopt Resolution 2025-61.

City Council - Regular Meeting Agenda
May 13, 2025
3 8.3 Consideration of Resolution 2025-63, Declaring the Intention to Levy and Collect Assessments for Fiscal Year 2025/2026, Approving the Engineer’s Report and Setting the Date for the Public Hearing for Landscape Maintenance District No. 1

8.4 Consideration of Resolution 2025-64, Establishing Fiscal Year 2025/2026 Rates for Residential and Commercial Garbage, Recyclable and Organic Waste Collection, Transportation, Recycling and Disposal Services, and Making a Finding of Exemption Under the California Environmental Quality Act

8.5 Consideration of Resolutions 2025-65, 2025-02 UA, and 2025-02 SA, Approving the Citywide Proposed Midyear Budget for Fiscal Year 2024-25

9. DISCUSSION ITEMS

9.1 Discussion Regarding Contracted Services for Homeless Encampment Clean Up, Illegal Dumping Abatement and Graffiti Removal

9.2 Discuss and Provide Direction to Staff to Develop a Weekly Summer Food Truck Event on City-Owned Property Located at 150 E. Ramsey Street

10. ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS

11. ITEMS FOR FUTURE AGENDAS

12. ADJOURNMENT
Recommendation: Adopt Resolution 2025-62.

Recommendation: Adopt Resolution 2025-63.

Recommendation: Adopt Resolution 2025-64.

Recommendation: Adopt Resolutions 2025-65, 2025-02 UA, and 2025-02 SA.

Recommendation: Discuss and provide direction to staff regarding the use of contracted services for homeless encampment clean-up, illegal dumping abatement, and graffiti removal.

Recommendation: Requested by Mayor Flynn.

11.1 NEW ITEMS

11.2 EXISTING ITEMS

1. Update on Community Garden (Flynn)

2. Developer Presentation on Sunset Crossroads Project (Flynn)

3. Contracting Animal Services (Flynn)

4. Emergency Preparedness (Barrington)

5. Changes to the Banning Procedural Manual (Royce)

6. Discussion of Reversing Decision to Close Airport (Royce)

7. Patriot Tree (Barrington)

8. Contractor(s) to do Citywide Cleanup (Flynn)

9. RFP for City Manager (Wallace)

10. Long term City Strategic Planning (Miller)

11. Armory Grant (Royce)

12. Review Grant Management Protocol (Flynn)

13. Update on Electric Billing (Miller)

14. Review and Update Council Travel Policy (Flynn)
Next Regular Meeting – May 27, 2025
Zoom Community Standards for Public Meetings
By participating in this meeting on Zoom, you are agreeing to abide by the City of Banning’s Community City Council - Regular Meeting Agenda
May 13, 2025
4 Standards for Public Meetings. Zoom attendees that fail to adhere to these standards may be removed from the meeting room.

Your microphone must remain on mute, and you may only unmute your microphone when/if you are recognized by the Mayor.

Your camera must be turned off unless/until you are recognized by the Mayor.

To indicate a desire to make Public Comment, you must use the Raise Hand function. The Mayor will not recognize those who have not used the Raise Hand function.

Public Comment from Zoom attendees will immediately follow in-person comment from members of the public in Council Chambers.

If you fail to adhere to these community guidelines, you may be removed for disrupting the meeting occurring in Council Chambers. You may rejoin the meeting but may be removed for each violation of these community standards.

The chat function will be disabled for all City Council meetings on Zoom.

Estándares comunitarios de Zoom para Reuniones Públicas Al participar en esta reunión en Zoom, usted acepta cumplir con los Estándares Comunitarios para Reuniones Públicas de la ciudad de Banning. Los que atienden por Zoom que no cumplan con estos estándares pueden ser retirados de la sala de reuniones.

Su micrófono debe permanecer en silencio, y solo puede reactivar su micrófono cuando / si es reconocido por el alcalde.

Su cámara debe estar apagada a menos que sea reconocido por el alcalde.

Para indicar el deseo de hacer un Comentario Público, debe utilizar la función Levantar la mano. El alcalde no reconocerá a quienes no hayan utilizado la función Levantar la mano.

Los comentarios públicos de lo que atienden por Zoom seguirán inmediatamente los comentarios en persona de los miembros del público en las Cámaras del Consejo.

Si no cumple con estas pautas de la comunidad, es posible que lo destituyan por interrumpir la reunión que tiene lugar en las Cámaras del Consejo. Puede volver a unirse a la reunión, pero es posible que lo eliminen por cada violación de estos estándares de la comunidad.

La función de chat estará deshabilitada para todas las Reuniones del Ayuntamiento en Zoom.

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.
_________________________
Vickie Sellers, Elected City Clerk
Secretaria Municipal Electa
City Council - Regular Meeting Agenda
May 13, 2025
5 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
May 13, 2025
6 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director MEETING DATE: May 13, 2025
SUBJECT: Proclamation - Kids to Parks Day
RECOMMENDATION:

Proclaim May 17, 2025 as National Kids to Parks Day.

BACKGROUND:

Kids to Parks Day is a national day of outdoor play celebrated annually on the third Saturday of May. The day connects kids and families with their local, state, and national parks and public lands through hundreds of park events that promote discovery and exploration in the great outdoors. The City of Banning annually hosts a Color Run for families on the third Saturday in May at Gilman Ranch. This year's event will take place on May 17, 2025.

JUSTIFICATION:

Kids to Parks Day empowers kids and encourages families to get outdoors and visit America's parks, public lands and waters!
FISCAL IMPACT:

None
ALTERNATIVES:

N/A
BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Proclamation - Kids to Parks Day.pdf
7 CITY OF BANNING

OFFICE OF THE MAYOR
WHEREAS, May 17, 2025, is the fifteenth Kids to Parks Day organized and launched by the National Park Trust held annually on the third Saturday of May; and WHEREAS, Kids to Parks Day empowers kids and encourages families to get outdoors and visit America's parks, public lands and waters; and WHEREAS, Kids to Parks Day will broaden children's appreciation for nature and outdoors; and
WHEREAS, we should encourage children to lead a more active lifestyle to combat issues of childhood obesity, diabetes, hypertension and hypercholesterolemia; and WHEREAS, the City of Banning continues to offer diverse outdoor programming in our parks and throughout Southern California thanks to our Outdoor Equity Programming grant; and
WHEREAS, the Parks and Recreation Department will be hosting its Annual Family Fun Color Run on Saturday, May 17, 2025, at Gilman Ranch in Banning.

NOW THEREFORE, the City Council of the City of Banning do hereby proclaim and designate the May 17, 2025, as KIDS TO PARKS DAY and urge all citizens to visit Banning Parks and Gilman Ranch on Saturday, May 17, 2025, and throughout the year.

Kids to Parks Day
May 17, 2025
in the City of Banning and encourage the
citizens of our community to join us in this
special observance.

Sheri Flynn, Mayor
8 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Marisol Lopez,
Robert Fisher, Acting City Manager
MEETING DATE: May 13, 2025
SUBJECT: Small Business Recognition Award - Truck Works, Inc.

RECOMMENDATION:

Staff recommends the City Council recognize Truck Works, Inc. as an exceptional small business within the community.

BACKGROUND:

The City recognizes one of its outstanding small businesses. The businesses get recognized at a City Council meeting and highlighted on the City's website and social media.

May is recognized nationally as Small Business Month, a time to celebrate the critical contributions small businesses make to local economies and communities. In alignment with this observance, the City of Banning is proud to highlight local businesses that demonstrate excellence, resilience, and community impact.

Truck Works, Inc. is an exceptional small business that has been operating within the City of Banning since April 1, 2005, offering a wide range of services for both diesel and gasoline trucks. Their expertise includes routine maintenance, repairs, and specialized custom designs, particularly for firefighting and utility vehicles. Over the past two decades, Truck Works has built a reputation for quality service and industry leadership.

Their continued presence and service have positively impacted the local economy and supported critical infrastructure through their work on emergency and service vehicles. Recognizing Truck Works, Inc., aligns with the City’s commitment to supporting and celebrating local businesses that demonstrate excellence and long-standing service to the community.

JUSTIFICATION:

California’s small businesses account for over 99% of total businesses in the state and employ more than 7+ million people. Small businesses are crucial to the City's local economy.

The recognition of Truck Works, Inc. supports the City’s broader economic development and community engagement goals by:
9 Highlighting the value of long-standing small businesses in Banning; Encouraging continued excellence and civic participation among local businesses; Promoting Small Business Month and raising awareness of the vital role these enterprises play in economic growth and job creation.

This recognition serves as a model for future awards and supports the City's initiative to spotlight small businesses that make a lasting impact.

FISCAL IMPACT:

None
ALTERNATIVES:

N/A
BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Truck Works Inc. Recognition.pdf
10 11

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: May 13, 2025
SUBJECT: Approval of the Meeting Minutes for the February 14 and February 25, 2025 City Council Meetings
RECOMMENDATION:

Approve the minutes of the February 14 and February 25, 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:

N/A
FISCAL IMPACT:

N/A
ALTERNATIVES:

1. Approve as recommended.

2. Approve with modifications.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. 2025 02 14_Minutes_Special Meeting.pdf

2. 2025 02 25_Minutes_Special Meeting - Closed Session.pdf

3. 2025 02 25_Minutes_Special Meeting - Workshop.pdf

4. 2025 02 25_Minutes_Regular Meeting.pdf
12 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 2/14/2025

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: 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

1. CALL TO ORDER
Mayor Flynn called the regular meeting to order at 9:02 a.m.

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

2. PUBLIC COMMENT
• John Hagen suggested they hire someone not within the inner circle, such as Robert Fisher.
• Frank Connolly thanked the City Council for “cleaning the swamp” and working with the City of Beaumont on animal services. He said they should be cautious moving to summary minutes due to the legal risks involved. He advocated Lincoln Bogard to serve as Acting City Manager, stating he is doing a good job cleaning up the city. • Bill Hobbs wished everyone a Happy Valentines Day. He got emotional, stating he liked “where we are going.” He advocated for new business but not warehouses. He said it was absolutely wrong the citizens had to litigate Banning Point. • Laura Leindecker said she supported the City Manager Doug Schulze, but that she would support whatever choice they made.
13 Regular Meeting Minutes 2/14/2025 Page 2 of 6

3. CLOSED SESSION

3.1 PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957
Title: Acting City Manager

4. REPORT ON CLOSED SESSION
John Pinkney, Interim City Attorney, reported that for agenda item 3.1 the Council interviewed Art Vela, Robert Fisher, Lincoln Bogard, and David Newell.

Motion to appoint Robert Fisher as Acting City Manager.

Motion by Mayor Flynn
Seconded by Council Member Barrington

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 3-2.

5. APPOINTMENTS
John Pinkney recused himself due to his association with the City of Beaumont.

5.1. Appoint Two by Two Committee Members to Meet with Beaumont regarding Animal Control and Animal Shelter Options
Council Member Miller commented that if he would not be placed on these important meeting bodies with the City of Beaumont he would like to be removed as the representative.

There was discussion about switching representatives. Mayor Flynn stated they would not be changing the representatives. She felt she was most knowledgeable about this issue and Council Member Barrington was very knowledgeable about animals.

Public Comments
No public comment was accepted on this item.

Motion to appoint Mayor Flynn and Council Member Barrington to the Ad Hoc Animal Control and Animal Services Committee.

Motion by Mayor Flynn
Seconded by Mayor Pro Tem Royce

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
14 Regular Meeting Minutes 2/14/2025 Page 3 of 6
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 5-0.

6. REPORT OF OFFICERS

6.1 Consideration of Resolution 2024-22, Establishing a Policy to Draft Summary Meeting Minutes, and Repealing City Council Resolution 1995-21; and Resolution 2025-23, Amending the City of Banning Manual of Procedural Guidelines to Update the Form of Meeting Minutes to Summary Minutes
Lincoln Bogard, Administrative Services Director, presented the staff report.

Public Comments
• Frank Connolly stated his concern was the cost. He said he wants to be sure the City is adhering to the Brown Act and the cost of having these meetings completed.
• Kathleen Dale commented she didn’t know the difference between the two types of minutes, but the current minutes are indecipherable. She said she wanted the minutes to be complete.

Mayor Pro Tem Royce asked about the cost of providing these minutes, with the advantages of Artificial Intelligence (AI). Mr. Bogard explained that the minutes cannot be completed via AI. He stated the cost would depend on how detailed the summary minutes were.

Council Member Barrington agreed with the comments made. She said the current minutes do not include what actions were taken or what was voted on.

Mayor Flynn said this was brought to the former Council, who decided to keep action minutes. She said going back through the 1995 resolution, she believes they meant to approve summary minutes. She said she can’t find anything on the website because it is a mess. She claimed the minutes had changed over time, but that they currently only list actions and you cannot get a feel for the meeting by reading the minutes.

Motion to adopt Resolution 2025-22.

Motion by Council Member Miller
Seconded by Mayor Pro Tem Royce

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
15 Regular Meeting Minutes 2/14/2025 Page 4 of 6
Motion approved by a vote of 4-1.

Motion to adopt Resolution 2025-23.

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 4-1.

7. DISCUSSION ITEM(S)

7.1 Discussion of Signature Authority for Warrants Drawn on the City for Payments Lincoln Bogard, Administrative Services Director, presented the staff report. John Pinkney, Interim City Attorney, added that the process was in Council’s discretion.

Council Member Wallace asked about the rotation of mayors and having to change signers annually. Mr. Bogard responded that now that staff know the process that should not be a problem.

There was discussion about who should be the signers of city checks.

Public Comment
• Sue Savage commented that the city needed more financial transparency and now was the time for change. She described the warrant process as she saw it.

She stated that to uphold the trust of the citizens, the signature of the City Treasurer should be on every city bank account.

Mayor Flynn asked clarifying questions of Ms. Savage. Savage stated the process needed to be updated to be “more legal” and responsive to citizens.

Council Member Miller asked Mr. Bogard to describe the current warrant process. He explained that the City Council approves every expenditure through the budgeting process throughout the year.

Mayor Flynn said she did not want to sign anything unless she knew what the was signing. Bogard repeated that the resolutions authorizing the expenditures are each approved by City Council. Mayor Flynn disagreed, stating there are many warrants that go out which are not approved by City Council.

Bogard explained that the City’s policies and procedures are established to keep city operations moving and lengthening the process puts the city in legal jeopardy. There was further discussion about the proposed process changes. 16 Regular Meeting Minutes 2/14/2025 Page 5 of 6
Savage suggested the City Treasurer must cut the check. She said a warrant was not a check, and that the warrant and the demand were the same thing. Bogard clarified with Pinkney that state law and existing case law support the conclusion that a warrant is indeed a check. Pinkney confirmed the law does not state the treasurer has to sign the checks, but that the City Council could add the treasurer as a signer.

Savage disagreed. Pinkney read the section of law in question.

Mayor Flynn confirmed the treasurer wanted the City Treasurer to sign in place of the City Clerk. Savage stated the City Treasurer and Mayor should sign the checks.

Council Member Miller suggested the same two people who start the warrant process should complete it by signing the checks. Mayor Flynn said the City Clerk was a ceremonial position with no authority, and the City Treasurer needed to be involved in the process. There was further discussion.

Mr. Pinkney clarified that the Mayor was proposing that the Mayor and City Clerk will review the warrants, but the Mayor and City Treasurer will sign the checks. She confirmed that was what she wanted.

Council Member Barrington asked a clarifying question. She pointed out the importance of a time limit on approvals, so payments are made in a timely manner.

Pinkney reiterated the process under state law. Mayor Flynn stated she would like to be the top signer and the City Treasurer, the bottom.

Mayor Flynn asked Council Member Miller if he agreed with the proposal. He said he had already stated his views, but he would respect what the Council chose to do.

Mayor Flynn asked if everyone agreed on the proposal, and there was consensus.

8. ADJOURNMENT
Motion to adjourn.

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.

The meeting was adjourned at 12:12 p.m.

Minutes Prepared by:

17 Regular Meeting Minutes 2/14/2025 Page 6 of 6
Caroline Patton, Administrative City Clerk
This entire meeting and all associated documents may be viewed here:
https://banningca.granicus.com/ViewPublisher.php?view_id=1 18 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 2/25/2025

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: Robert Fisher, Acting City Manager
John Pinkney, Interim City Attorney
Brent Clemmer*
Michael Busch*
Robert Cutbirth*
J. Oldendorph*
*Attended via cideo conference.

1. CALL TO ORDER
Mayor Flynn called the special meeting to order at 3:00 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.

The City Council left for closed session at 3:04 p.m.

3.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION 19 Special Meeting Minutes 2/25/2025 Page 2 of 2
Pursuant to Government Code Section 54956.9(d)(4)
One potential case

3.2 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION/

SIGNIFICANT EXPOSURE TO LITIGATION
Pursuant to Government Code Section 54956.9(d)(2) and/or (3)

3.3 PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Pursuant to Government Code Section 54957

3.4 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: Interim City Attorney
The City Council returned from closed session at 4:47 p.m.

4. ADJOURNMENT
The Special City Council meeting adjourned at 4:53 p.m.

Minutes Prepared by:

Caroline Patton, Administrative City Clerk
This entire meeting and all associated documents may be viewed here:
https://banningca.granicus.com/ViewPublisher.php?view_id=1 20 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 2/25/2025

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: Robert Fisher, Acting 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
Jeffrey Platt, Director of Homeless Services

1. CALL TO ORDER
Mayor Flynn called the special meeting to order at 4:54 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
• John Hagen commented on the staff report and said inmates should be transported back to the place they were picked up. He said the city is “rolling out the red carpet” making people not want to leave under the current program. He said this was damaging the community.
• Sue Savage asked what the City would be getting for an $8 million grant, stating she was not sure what the grant money would buy the City. She suggested they enact a zero-tolerance policy for the City.
21 Special Meeting Minutes 2/25/2025 Page 2 of 5
• Michele Walter said the commenters had the wrong idea about the grant. She pointed out the recipients are vetted, and staff help to connect them with community services.

She said she was okay if there were people on site.
• Scott Drake said he worked with Opportunity Village and was commenting in support of the program. He told a story about helping people and making a difference. • Wilma Sessionglover said she did not think this was the City’s problem and did not want the City to try to fix it. She said allowing the inmates to stay in the community would lower property values.
• Daniel commented that he was once homeless, and the City’s Opportunity Village helped him get back on his feet. He said he felt they should help people as best they can and not everyone is a drug addict.
• Doreen Reynolds says she is worried about the youth in the community, including her 16-year-old granddaughter. She said the money wasn’t worth the safety of the youth. • Lincoln Bogard commented that since the grant was previously accepted by Council, the City would be blacklisted for state funding grants. • Amy Pippenger was concerned that Proposition 47 had awarded 65% of grant money on mental health services and substance use disorder treatment/diversion. She reviewed a list of cities that had received funding, stating they were all big cities—unlike Banning who cannot support such a program. She asked how $7 million would help inmates in Banning. She said the residents of Banning should not help everyone. • Kathleen Dale said the grant was internally inconsistent and suggested the Council get clarification from staff. She said the grant would support housing and it needs to be at a facility with 24/7 supervision. She said she did not think the program was tied to Opportunity Village or the program there.
• Marco Santana said the organizations are not solely based in Banning and therefore inmates may end up outside of Banning. He pointed out that providers are typically outside the government and do not stay within borders, but provide wraparound services. He summarized that people in the program will not necessarily stay in Banning, but if they choose to, we could provide them with the support they need. He said the $6.9 million could
• Jerry said homelessness sees no boundaries and the city should be collaborating with other cities. He pointed out providers can send inmates to any community with openings. • Carol Allbaugh referred to the City’s mission, stating it was our responsibility and duty to serve our constituents, even those that need a second chance. She said the City needed less drama and more collaboration. She said her organization, Faith In Action, wants to be a part of the solution.
• Sandra Glickman said she was a certified healthcare working with Faith in Action and shared about their life skills/job skills program. She said the City should use the grant they were awarded.
• Juanita Diaz said they all supported Opportunity Village, and the program has not worked. She said no one follows the rules, including the Sheriff’s Department. She said money is not always spent where it should be. She said that although people doubt her, she knows this would not work. She said that Opportunity Village needed to be investigated, and the streets talk.
• Chris Castorena said the city cannot continue to kick the can down the road. He agrees it needs to be a regional initiative, but the City should use the money it was awarded.

He spoke about the lack of opportunities in Banning and suggested that the way we treat others is a reflection of their humanity. He said if the people are able to stay here, they will economically invest here. He said he hopes the City keeps the grant funding. 22 Special Meeting Minutes 2/25/2025 Page 3 of 5
• Mark Davis of the Salvation Army said this was about helping people. He thought the grant was a great opportunity to help people without costing the city any funds. He said the Salvation Army have been coming to Banning and feeding folks regularly, and that they will be in this community with or without funding. • Jeanine commented that she is against the grant and stated Banning has been the worst. She compared the city to the City of Palm Springs and said Banning needs to improve itself.
• Lou Gregory said he has a son here that lives on the streets. He said if you keep turning away thinking someone else is going to do the hard work, it won’t happen. He said it was a lot of money, and we should be able to mold it into some policy. • Mario Carlos said he worked for the City at Opportunity Village. He reminded the audience that unhoused people are people too, and that a lot of the unhoused people they’re discussing are from Banning.
• Kelly said she is a former resident of Banning who visits quite often. She said the community is eager to help, but she does not feel safe in Banning anymore. She said the money cannot be sent back, so the focus should be on how we fix this and move forward.
• Edward Espinosa said the program was only for released inmates. He said he knows from experience that those going in and out of jail always return to what they’re used to doing. He says there are already things in place to support these community members.

3. WORKSHOP

3.1 Review of Agreement with the California Board of State and Community Corrections (BSCC) for the Proposition 47 Safe Neighborhoods and Schools Grant Program Jeff Platt, Director of Homeless Services, presented the staff report. He said the grant was important to the community as a whole and described the process for vetting members of the program.

Mark Davis of the Salvation Army presented to Council. He reviewed all the programs they help to provide, emphasizing this program is about finding long-term solutions.

Mayor Flynn asked about the salaries. Davis answered, explaining they go to the individuals in the Homeless to Work program. She questioned which staff were presenting and who wrote the staff report.

Council Member Miller asked about the costs of the lease over the next three years.

Bogard responded that the grant has a 5% retention, which would be released upon the successful completion of the grant.

Council Member Wallace asked about the city manager, and Bogard explained these agreements fall under the purview of the city manager.

Acting City Manager Fisher said he would respond to questions posed during public comments. He said Ms. Pippenger and Ms. Dale had good comments, noting that the grant would not fund any additional police services. He stated if the state determined the house was ineligible Banning would have to cover the full $100,000. 23 Special Meeting Minutes 2/25/2025 Page 4 of 5
Council Member Wallace clarified that the house was eligible, and staff confirmed. Platt said if the city does not perform on the grant, the city would be liable, but that they have never not performed. He reviewed the history of the house in question and said no one wants the house in their neighborhood and he understands. He stated there would be a house monitor as a requirement, but that if they wanted the houses under the grant in another city, he would go to another city.

Mayor Flynn said the grant requires a minimum of a four-bedroom house with 8 people per house, and the house in question was three bedrooms and 1,200 sq. ft. She explained it would not qualify for the grant. There was further discussion about the requirements of the house under the grant.

She asked how the community-based organizations were chosen. Platt said that he chose providers with demonstrated success with these programs.

Mayor Flynn asked if Faith in Action was considered and Platt said they were not, due to their lack of experience. Flynn asked about the details of the grant. She asked if one of the providers, Step-Up, had been part of the community, because Faith in Action was part of the community but not considered.

Platt said he would not be saying anything bad about Faith in Action but that they have a difference of opinion. Flynn asked if Platt had ever had a personal relationship with any members of the provider organizations. Platt replied he had been working with the organizations for years.

Flynn asked if you must have mental and/or drug problems to qualify for this program.

Platt disagreed and there was further discussion. Flynn asked if participants needed to reside in Banning to qualify, and Platt responded they did not.

Flynn asked about two meetings mentioned in the grant application. Platt stated there had not been any meetings yet because of the uncertainty around Council’s intentions regarding the grant. Flynn asked again and Platt responded he had met with the candidates.

Flynn stated she felt the public was not adequately informed of the grant and therefore could not make an educated decision. Platt pointed out that Flynn had voted to accept the grant award.

Council Member Barrington noted that they were two hours late.

Motion to adjourn.

Motion by Council Member Miller
Seconded by Council Member Wallace
Council Member Wallace said the Council had already voted on this issue and the city must do something to address the homelessness problems in town.

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
24 Special Meeting Minutes 2/25/2025 Page 5 of 5
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 3-2.

4. ADJOURNMENT
The Special City Council meeting was adjourned at 7:03 p.m.

Minutes Prepared by:

Caroline Patton, Administrative City Clerk
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
Exhibit B – Agenda Item 3.1: Salvation Army Presentation Exhibit C – Agenda Item 3.1: Step Up Presentation
Exhibit D – Agenda Item 3.1: Proposition 47 RFP
25 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 2/25/2025

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: Robert Fisher, Acting 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
Barbara Mason, Purchasing Manager

1. CALL TO ORDER
Mayor Flynn called the regular meeting to order at 7:28 p.m.

1.1. Invocation – Pastor Preston Norman 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, moving 9.2 to follow the consent agenda.

Motion by Council Member Wallace
Seconded by Council Member Miller
26 Regular Meeting Minutes 2/25/2025 Page 2 of 10

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

3.1 Proclamation - Procurement Month
Purchasing Manager, Barbara Mason, accepted the proclamation on behalf of her staff. She spoke to their role within the city and the importance of procurements professionals in organizations.

4. REPORT ON CLOSED SESSION
John Pinkney, Interim City Attorney, reported that:
• For agenda item 3.1, there was no reportable action.
• For agenda items 3.2 to 3.4, there was direction given to legal counsel with no final or 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:
• Karen Woodard commented on behalf of the Morongo Band of Mission Indians, stating they were in support of the Banning Municipal Airport closure. She said the Tribe urged the council to move forward with the closure. • Stuart MacKenzie said that after the rain there was a persistent wet area. The City’s water department responded and corrected the leak in the pipe. He thanked the police for cleaning up along the railroad.
• Juanita Diaz commented that not all clean-ups should fall on the city. She said she thought the public should be able to do clean-ups with city equipment. She also mentioned starting a skating and bike-riding group. • Errol Ross spoke to cleaning up neighborhoods in the city. He commented on trash along the freeway and broken-down cars.

5.2. CORRESPONDENCE
There was one item of correspondence received and read into the record. • Kathleen Kretchman Thornton commented on the City Treasurer and city finances, the efficiency of City Council meetings, the City Manager’s leave and implications for the city, as well as the Acting City Manager. She stated concerns about the elimination of critical staff, the lack of direction of City Council, and the need for transparency.
27 Regular Meeting Minutes 2/25/2025 Page 3 of 10

5.3. APPOINTMENTS
None

5.4. CITY COUNCIL COMMITTEE REPORTS
Council Member Wallace reported on a meeting for Blue Zones that occurred in Banning. He said they would be focusing on the amount of liquor and tobacco stores in the city.

Mayor Pro Tem Royce had no report.

Council Member Barrington had no report.

Council Member Miller reported on the Blue Zones Summit, which discussed housing and safe routes to school in the community.

Mayor Flynn reported on a ribbon cutting, the Riverside County Transportation Commission (RCTC) annual workshop, and a Western Riverside County Council of Governments (WRCOG) meeting.

5.5. CITY MANAGER REPORT
Acting City Manager Robert Fisher shared a new email for graffiti. He said Code Enforcement is now under the control of Sergeant Vaca in the Police Department.

5.6. CITY ATTORNEY REPORT
Interim City Attorney Pinkney reminded the City Council of several procedural rules.

5.7. CITY TREASURER REPORT
City Treasurer Savage again requested her report be included in the meeting minutes in full. She said what was once a title is now a real role, thanking the Acting City Manager for her new office and city cell phone. She reported on several changes she had made and requested a City Council resolution allowing her to sign the city’s checks. She shared how to access the staff’s Transparency Portal to track all city finances.

6. CONSENT AGENDA

6.1 Approval of the Meeting Minutes for the February 11, 2025, City Council Meetings

6.2 Receive and File Accounts Payable and Payroll Warrants Issued in the Month of January 2025

6.3 Receive and File Cash and Investments Report for the Month of January 2025

6.4 Receipts, Disbursements, & Fund Balances Reporting for Fiscal Year 2024-25, Periods 7, January 2025

6.5 Receive and File Police Department Statistics for the Month of January 2025

6.6 Receive and File Fire Protection Services Statistics for the Month of January 2025

6.7 Public Works Capital Improvement Project Tracking List

6.8 Receive and File Code Enforcement Statistics for the Month of January 2025

6.9 Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports for January 2025

6.10 City Council Travel and Conference Expense Report Year to Date Through January 2025

6.11 Community Cleanup and Compost Giveaway Event Update Recommendation 28 Regular Meeting Minutes 2/25/2025 Page 4 of 10

6.12 Consideration of Resolution 2025-24, Approving the Acceptance of the Distribution of the FY23 State Homeland Security Program (SHSP) Grant Award of $161,383

6.13 Consideration of Resolution 2025- 25, Approving an Agreement with Pyro Spectaculars, Inc. for Production of the Fourth of July Aerial Fireworks Display

6.14 Consideration of Resolution 2025-26, Approving a Short-Term Rental Agreement with Orlando Cobos for Use of City -Owned Property located at 150 East Ramsey Street in Banning for a series of Acrobatic Shows

6.15 Consideration of Resolution 2025-27, Approving Final Tract Maps 37389- 4, 37389-6, and 37389 and Release the Maps for Recordation; Authorize Staff to Sign the Subdivision Improvement Agreements and Final Tract Maps; Accept Faithful Performance and Labor Bonds for Public Improvements

6.16 Consideration of Resolution 2025-28, Approving a Sole Source Contract with Rick Engineering, Inc. for the Continuation of the Design of Ramsey Street Water Main Replacement in the Amount of $156,224.03
Public Comment
None
Motion to adopt consent agenda items 6.2 through 6.9, 6.11 through 6.12, and

6.14 through 6.16.

Motion by Mayor Pro Tem Royce
Seconded by Mayor Flynn

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.

6.1 Approval of the Meeting Minutes for the February 11, 2025, City Council Meetings Administrative City Clerk Caroline Patton answered City Council questions.

Public Comment
None
Motion to approve the meeting minutes for February 11, 2025, with the amendment to item 5.1 changing one of the names from Laura to Linda (Pippenger).

Motion by Council Member Barrington
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
29 Regular Meeting Minutes 2/25/2025 Page 5 of 10
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 5-0.

6.10 City Council Travel and Conference Expense Report Year to Date Through January 2025

Barbara Mason, Purchasing Manager, answered City Council questions. Mayor Flynn asked about missing charges in the report. Mason explained that the report is through January 31, 2025, and there is a lag between the charge being made and the entry into the financial system. Mayor Flynn made several suggestions for updating the report.

6.13 Consideration of Resolution 2025-25, Approving an Agreement with Pyro Spectaculars, Inc. for Production of the Fourth of July Aerial Fireworks Display Ralph Wright, Parks and Recreation Director, answered City Council questions.

Council Member Barrington asked about the event attendance and scope of the fireworks show (ground and aerial show components). Barrington asked what other funds are expended for the event and Wright reported it was about $38,000 total.

Public Comment
• Lynnea Hagen spoke in opposition to fireworks. She said the wind and fires are too risky. She suggested the city look into digital fireworks. • Frank Connolly said the event is well attended and one of the few city-led events. He suggested approval of the resolution.

Motion to adopt Resolution 2025-25.

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.

9.2. Discussion of Next Steps in the Banning Electric Utility Financial Recovery Plan Lincoln Bogard, Administrative Services Director, and Art Vela, Director of Public Works, presented the staff report. Eric, a consultant, commented that the restructuring aspect is important to create a lower payment foundation to reduce the pressure on the ratepayer.
30 Regular Meeting Minutes 2/25/2025 Page 6 of 10
Public Comment
• Frank Connolly commented on the options before Council. He said he thought the city should explore refinancing the bonds completely.

Council Member Barrington said she wanted to reduce the impacts on the ratepayer.

Staff explained Council had already approved the 13.9-percent increase and it had taken effect. Barrington said that although the rates were in place, no one had received a bill. She said she thought they should stick to what Council already agreed on because the timing (of another rate increase) was not good.

Staff explained they were seeking a consensus from the new Council.

Motion to approve Option 1.

Motion by Council Member Wallace
No second.

Motion to approve Option 2.

Motion by Mayor Flynn
No second.

Motion to approve Option 1.

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 3-2.

7. PUBLIC HEARING(S)
None

8. REPORTS OF OFFICERS

8.1 Consideration of Resolution 2025-29, Approving a Construction Agreement with Pacific Hydrotech Corporation for Project No. 2022-07W “M-12A Well Site Equipping and Improvements” in the Amount of $2,440,900 and Establishing a Total Project Budget of $2,684,990 and Rejecting All Other Bids
Art Vela, Director of Public Works, presented the staff report.

Public Comment
None
31 Regular Meeting Minutes 2/25/2025 Page 7 of 10
Council Member Barrington asked about what the city would be responsible for financially. Vela explained a lot of the grant is already expended, explaining it was for both Phase 1 and Phase 2.

Motion to adopt Resolution 2025-29.

Motion by Council Member Wallace
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.

8.2 Consideration of Resolution 2025-30, Awarding a Progressive Design-Build Agreement for Phase 1 to AECOM Lyles JV for Project No. 2022-01W “Wastewater Treatment Plant and Recycled Water Upgrades” in the Amount of $3,998,627, and Approving a 10% Contingency for a Total Project Budget of $4,398,490 Art Vela, Director of Public Works, presented the staff report.

Council Member Royce asked about the use of brine beds. Council Member Barrington asked about the odor of the brine beds.

Public Comment
None
Motion to adopt Resolution 2025-30.

Motion by Council Member Miller
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 Zencity Contract Presentation, Discussion and Direction Lincoln Bogard, Administrative Services Director, explained that this item was under the purview of the City Manager, and he would not be giving the staff report. Mayor 32 Regular Meeting Minutes 2/25/2025 Page 8 of 10
Flynn said they cannot discuss this without the contract, which was not attached, There was discussion about bringing this item back at a later date.

Public Comment
• Stuart MacKenzie said something like 40% of people don’t feel safe in Banning.

He said he felt the report was useless without the why or where.

Mayor Flynn reviewed her interactions with the program Zencity. She disagreed with a report it generated that stated residents were satisfied with the city’s utility services.

Council Member Barrington noted the community survey was almost a year old and the survey online has never been updated.

Motion to table this item.

Motion by Council Member Wallace
Seconded by Mayor Flynn

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.

9.2 Discussion of Next Steps in the Banning Electric Utility Financial Recovery Plan Moved to immediately follow the consent agenda under agenda item 2.1.

9.3 Discussion of a City of Banning Fire Hydrant Maintenance Program Art Vela, Director of Public Works, presented the staff report.

Council Member Miller asked if the new installations included an emergency shut off.

Vela confirmed there was a check valve that would engage in case of a car accident.

Mayor Flynn asked the distance the hydrants were allowed to be placed and Vela speculated it was 200-250 feet. Flynn asked if the city used a color-coded tagging system for hydrants and Vela responded that it does not.

Public Comment
None

10. ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS
Council Member Wallace, Council Member Miller and Council Member Barrington all announced their upcoming Town Hall Meetings.

Mayor Flynn said she had been invited to speak at a private meeting of District Delegates of Sun Lakes.
33 Regular Meeting Minutes 2/25/2025 Page 9 of 10

11. ITEMS FOR FUTURE AGENDAS

11.1. New Items:

1. RFP for City Manager (Wallace)
Interim City Attorney Pinkney said that would be a premature addition at this time.

2. Evaluation of Acting City Manager (Miller)
Motion to add Evaluation of Acting City Manager to the Future Agenda Items.

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.

3. Patriot Tree (Barrington)
Art Vela, Director of Public Works, said that as part of the Atwell development, they’re required to move the tree. Council Member Barrington said relocation would kill the tree.

4. Contractor(s) to do Citywide Cleanup (Flynn)

5. Resolution for Mayor/Treasurer to Sign All Checks (Flynn) Motion to add a resolution for the Mayor/Treasurer to sign checks/warrants to the next regular meeting agenda.

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.

6. Review City Vehicle Maintenance (Royce)

11.2. Pending Items:
34 Regular Meeting Minutes 2/25/2025 Page 10 of 10

1. Update on Community Garden (Flynn)

2. Zencity Contract (Flynn)

3. Developer Presentation on Sunset Crossroads Project (Flynn)

4. Contracting Animal Services (Flynn)

5. Code Enforcement Department Citations Process (Miller)

6. Emergency Preparedness (Barrington)

7. Changes to the Banning Procedural Manual (Royce)

8. Report on a Policy and Program to Routinely Test All Fire Hydrants in the City (Flynn)

9. Tree Trimming at Repplier Park and near Sun Lakes (Flynn)

10. Discussion of Reversing Decision to Close Airport (Royce)

11. Proposition 47 Workshop (Flynn)

12. Agenda Pagination, Reading Aloud Public Correspondence (Flynn)

13. ADJOURNMENT
Motion to adjourn.

Motion by Mayor Pro Tem Royce
Seconded by Mayor Flynn

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.

The meeting was adjourned at 9:29 p.m.

Minutes Prepared by:

Caroline Patton, Administrative City Clerk
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
Exhibit B – Agenda Item 9.2: Staff Presentation
Exhibit C – Agenda Item 8.2: Staff Presentation
Exhibit D – Agenda Item 8.2: Updated Attachment
35 1
From: Raelene Kretchman Thornton <[email protected]>
Sent: Wednesday, February 19, 2025 12:16 PM
To: Caroline Patton
Subject: Open Sesion Comments
Attachments: City Counci Meeting 2.25.pdf
Ms Patton Administrative City Clerk,
Please enter this in the records, and it is to be read as comments at the next city council meeting. I have tmed it and it can be read in under 3 minutes. Thank you for your assistance with this matter,
Warmest Regards,
Raelene Kretchman
950 S Bay Hill Rd Banning. CA
Exhibit A
36 City Council Meeting Public Comments 2.25.25
Dear City Council,
I recently reached out to our new Treasurer regarding the city’s financial status, and Mayor Pro Tem- Broyce responded with some insights. He stated the Treasurer is currently facing challenges due to a lack of office space and necessary equipment, which is hindering her ability to fulfill her responsibilities effectively. Additionally, he noted a shift in the city's financial situation, as our cash flow has transitioned from $20 million to a $10 million deficit. This raises a concern:
why was he able to attain this information and such critical information is not readily accessible to our Treasurer for her financial report to the community at council meetings?
My concerns also extend to the efficiency of our city council meetings. It appears that council members are reviewing discussion items for the first time during these meetings. This lack of prior preparation leads to lengthy sessions that can be difficult to follow. To improve efficiency and coherency, council members should review agenda items in advance and come prepared with thoughtful questions.

Regarding Mr. Shulz's placement on administrative leave as City Manager, residents are seeking clarity on the” indefinite” duration of this leave and its financial implications for the city. There are also questions about the qualifications of the temporary City Manager, especially given his prior lawsuit against the city of Banning for wrongful termination. This situation raises further concerns about whether the city is compensating both the interim city manager and Mr. Shulz, and the financial impact on our community.

I am also concerned about the current Mayor's approach to the removal of critical city positions. Why the urgency? It appears she may be using her authority to settle personal grievances against those who have previously opposed her, which raises significant concerns about transparency. This behavior closely resembles that of the former mayor and is troubling for our community.

In light of the city’s financial crisis, marked by the severe deficit and disorganization within the utility department, there is an urgent need for a clear and coherent vision from the City Council on how to address these pressing challenges. The current lack of direction is alarming.

Moreover, I have noticed that Councilwoman Barrington seems primarily focused on issues pertinent to her own district, often occupying a significant amount of time during meetings with her inquiries. This focus raises broader concerns about the overall direction of our leadership.

Finally, the ongoing absence of an Animal Shelter appears to stem from the mayor’s actions. Since her campaign against Doug Shulz regarding this matter began in 2024, no viable solutions have emerged, currently leaving the issue in the hands of a committee without clear direction.

I encourage residents to voice their concerns to the council. It is important that we foster a functional governance structure, as the current dysfunction within the council gives the impression to the citizens that the mayor is the sole voice in discussions, with insufficient collaborative input from other council members.

Thank you for considering these concerns.

Raelene Kretchman
950 S Bay Hill Rd
Banning, CA
37 BANNING ELECTRIC UTILITY

FINANCIAL RECOVERY

PLAN DISCUSSION

BANNING ELECTRIC UTILITY

FINANCIAL RECOVERY

PLAN DISCUSSION
Presentation to City Council on February 25, 2025
Prepared In Coordination with:

Background
In Fall 2024 Banning ElectricUtility’s (BEU) had a negative $6.5 million cash balance and declining ability to make its annual bond payments.This situation caused S&P to lower BEU’s credit rating from “AǦ to “BBǦ” over the last couple of years • Negative BEU cash flow was the result of spending over $10 million per year on capital projects, as well as increasing operating costs without increasing rates or issuing debt to pay for them • Negative BEU cash flow necessitated borrowing from other City funds (i.e.General Fund) City Council approved a Financial Recovery Plan consisting of two 13.9% rate increases, issuance of approximately $6 million of electric revenue bonds to restore BEU positive cash balance by June 30, 2026, and completion of BEU masterǦplan and cost of service studies by Fall 2025
Exhibit B
38 Two Pathways Available
Option 1
Confirm approved BEU Financial Recovery
Plan and proceed with borrowing funds to
restore BEU cash balances
Pros
• Lower nearǦterm impact on ratepayers
• Rapidly eases the strain on other City funds
from the interfund borrowing
Cons
• Annual debt service costs (approximately
$700K annually over a 20Ǧyear term)
• Upfront debt issuance costs (~2% of
principal)
Option 2
Direct City Staff to eliminate financing component
of Recovery Plan and instead evaluate using only
rate increases needed to restore BEU cash
balances
Pros
• No longǦterm debt repayment
• No upfront debt issuance costs
Cons
• Higher (potentially significantly higher) BEU
rate increases needed to restore cash balances
• Continued strain on other City Funds as long as
fund balance remains negative (opportunity
cost)
• Further Credit Rating Downgrades
Additional Detail on a Financing
Structure • BEU “BB-” rating likely necessitates direct private placement of debt • Sold to a single investor (typically a regional or national bank) • Higher, risk-adjusted fixed interest rate; 20-year maximum term • Early prepayment allowed (typically after 3 years)
• IRS Regulations allow tax-exempt bond issuance to fund capital projects • However, funding replenishment of cash balances must be sold on a taxable basis which require slightly higher interest rates (6-7% range estimated) • While not originally contemplated as part of the BEU Financial Recovery Plan, there may also be the option of refinancing and restructuring BEU’s existing 2015 Bonds using lower, credit enhanced “AA” rating interest rates to accomplish all or a portion of the Plan’s objectives at a lower cost 39 Next Steps for Option 1
1 • Upon City Council direction, City staff will work with NHA to investigate/evaluate the most efficient and effective borrowing of funds approach to accomplishing the goals of the approved BEU Financial Recovery Plan
2 • Direct Placement Process takes approximately 2Ǧ3 months; Utilizing a more comprehensive approach that may include a full restructuring of the 2015 Bonds could take 3Ǧ4 months
3 • Either approach will require City staff oversight and one or more future approvals from City Council
4 • City can close financing within 1 month of final City Council approval Questions?
40 RESO 2025-30, AWARDING

PDB AGREEMENT FOR PHASE
1 – WWTP AND RW

UPGRADES
RESO 2025-30, AWARDING

PDB AGREEMENT FOR PHASE
1 – WWTP AND RW

UPGRADES
Art Vela, Director of Public Works
February 25, 2025
Background and Purpose
• Wastewater Treatment Plant (WWTP)
• Dates back to 1925 with major improvements made in the 1950’s and early 2000’s.
• Many major components reaching their end of life.
• Design capacity of 3.6 Million Gallons per Day (MGD); current average flow of 2.1 MGD.
• Treats to secondary, undisinfected standards
• The Wastewater Treatment Plant and Recycled Water Upgrade Project would result in Title 22 Recycled Water (disinfected tertiary water).

Exhibit C
41 Background and Purpose • The Project will:
• Comply with upcoming discharge standards related to Nitrate:
• Current Nitrate concentration is 29 mg-N/L
• EPA Max. Contaminant Level standard is 10 mg-N/L
• Construct a Master Planned facility identified in the City’s Integrated Master Plan • Provide a source of recycled water and diversification of the City’s water portfolio to meet the City’s current/future water demands
• Replace aging infrastructure
Scope of Work (PHASE 1)
• Planning
• Engineering
• Permitting
• Guaranteed Maximum Price
(Phase 2)
42 Scope of Work
• 3.6 MGD Membrane Bioreactor (MBR)
Facility
• Reverse Osmosis (RO) facility to meet the
Beaumont Basin Maximum Benefit
Objectives:
• Total Dissolved Solids (TDS): 330 mg/L
• Nitrate: 5 mg-N/L
• Brine drying beds and evaporators
• Replacement of existing mechanical
components
Scope of Work
• 3.6 MGD Membrane Bioreactor (MBR)
Facility
• Reverse Osmosis (RO) facility to meet the
Beaumont Basin Maximum Benefit
Objectives:
• Total Dissolved Solids (TDS): 330 mg/L
• Nitrate: 5 mg-N/L
• Brine drying beds and evaporators
• Replacement of existing mechanical
components
• ALTERNATIVE:
• UTILIZE BLENDING WITH

EXISTING WELLS
(POTENTIALLY CR-6 WELLS)
• ELIMINATES NEED FOR RO

AND BRINE DRYING BEDS AND

EVAPORATORS
43 RFQ/RFP
• March 22, 2024 issued a Request for Qualifications (RFQ) • Four firms submitted Statement of Qualifications
• Evaluation committee shortlisted three firms
• August 9, 2024 issued a Request for Proposal (RFP)
• Proposals were evaluated and scored
• Interviews held with all three firms
• AECOM/Lyles Joint Venture scored the highest
• Proposal Price: $3,998,627
Funding – Phase 1
Fund Account Amount Funded Fund Balance
Wastewater 681Ǧ8000Ǧ454.95Ǧ12 $1,000,000 $10,996,116
Improvement Fund
(Impact Fees)
Tertiary Fund 682Ǧ8050Ǧ454.95.10 $3,398,490 $8,265,827
44 Overall Project Funding
(Phase 1 and Phase 2)
• RFP include a design to budget approach for a total project budget of $60M
• $25.5M of available cash balance in multiple funds currently planned for allocation
• $25M planned debt financed included in current rate structure • $16.2M WaterSMART Grant award on January 14, 2025
• Available Budget = $66.7M
Recommendation
•Adopt Resolution 2025-30:
• Awarding a Progressive Design Build Agreement for Phase 1to AECOM/Lyles JV for the WWTP and RW Upgrades Porject in the amount of $3,998,627
• Approve a 10% Contingency for a Total Project Budget of $4,398,490
45 Questions?
46 Line Item Description Total Cost Potential Scope
Reduction Revised Cost Cost Reduction
Task 1 Design
Task 1
ADDER Adder for RO System and Evaporation Ponds $0 $0 $309,000 ($309,000) Task 1.1 Preliminary Design Report (PDR) $320,453 $320,453 $0 Task 1.2 30% Preliminary Design $717,339 $250,000 $615,074 $102,265 Task 1.3 60% Design Phase $961,349 $250,000 $818,598 $142,751 Task 1.4 Hydraulic Analysis/ Hydraulic Profile $54,452 $54,452 $0 Task 1.5 90% Design Phase $707,110 $50,000 $0 $707,110
Task 1.6 Final Design Phase $408,878 $150,000 $950,539 ($541,661) Task 1 Subtotal $3,169,581 $700,000 $2,759,117 $410,464 Task 2 Cost Estimating
Task 2.1 Initial Baseline Cost Model and Updates (5) $162,787 $162,598 $189 Task 2.2 GMP Development $117,602 $50,000 $105,754 $11,848 Task 2 Subtotal $280,389 $50,000 $268,352 $12,037
Task 3 Meetings & Reports
Task 3.1 Kick-off Meeting/Workshop (1) $56,968 $25,000 $42,934 $14,034 Task 3.2 Progress Meetings and Reports (16) $156,553 $75,000 $123,563 $32,990 Task 3.3 Project Status Reports (Monthly with Invoice) $113,807 $100,000 $47,709 $66,098 Task 3.4 Risk Management Workshop (1) $20,305 $10,000 $18,766 $1,539 Task 3.5 Constructability Review Workshops (2) $51,971 $47,591 $4,380 Task 3.6 SCADA Development and Scoping Workshops (4) $63,985 $55,966 $8,019 Task 3 Subtotal $463,589 $210,000 $336,529 $127,060
Task 4 Investigation / Support
Task 4.1 Potholing and Cutlrural Monitoring $25,397 $24,577 $820 Task 4.2 Topographic Survey $30,635 $29,954 $681
Task 4.3 Environmental Support ( $30,000 allowance) $30,381 $27,444 $2,937 Task 4.4 Geotechnical Investigation $123,055 $121,809 $1,246 Task 4.5 Permitting Support and Title 22 and Title 27 (if needed) Eng Reports $98,520 $96,836 $1,684
Task 4.6 Energy Tax Credits / Incentives $25,395 $25,009 $386 Task 4 Subtotal $333,383 $0 $325,629 $7,754
Phase 1 Total $4,246,942 $960,000 $3,998,627 $248,315
City Council - Regular Meeting, February 25, 2025
Agenda Item 8.2, Attachment No. 9: AECOM-Lyles Pricing Proposal Supporting Information

Exhibit D
47 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Austin Flint, Senior Accountant
Michelle Green, Interim Administrative Services Director MEETING DATE: May 13, 2025
SUBJECT: Receive and File Cash and Investments Report for the Month of March 2025
RECOMMENDATION:

That City Council receive and file Cash and Investment Report for March 2025, in accordance with California Government Code 53646.

BACKGROUND:

The City’s investment portfolio is compliant with its Investment Policy and Pooled Cash is expected to meet all disbursement requirements for the next six months.

JUSTIFICATION:

UNRESTRICTED CASH AND INVESTMENTS:

Cash & Investments February 2025 March 2025
Funds under Control of the City:

Petty Cash / Cash on Hand $4,055.00 $4,055.00
Sub-Total $4,055.00 $4,055.00
Checking and Savings:

Wells Fargo - General Account - XXXXX5798 $5,712,013.30 $4,214,756.58 HCN Bank - General Account - XXXXX97479 $50,000.00 $50,000.00 Bank of America - Parking Citations - XXXXXX8776 $146,227.96 $146,345.20 Bank of America - Airport Visa - XXXXXX7548 $620,952.70 $623,221.66 Bank of America - CNG Charge Acct - XXXXXX5594 $79,091.90 $79,091.90 Sub-Total $6,608,285.86 $5,113,415.34
See Investment Report for Details of the following
investments:

State of California, Local Agency Investment Fund $25,139,527.45 $25,139,527.45 % of Investments in LAIF 54% 54%
US Bank City of Banning Investment Custody Account
XXXXX6000
$21,373,519.10 $21,439,044.92
48 Cash and Investments $54,705,641.11 $53,696,042.71
RESTRICTED CASH AND INVESTMENTS:

Cash & Investments February 2025 March 2025
Cash with Fiscal Agents
US Bank
2015 Water Revenue Bonds-BUA Water Projects - 258228005 $891,760.87 $894,381.78 2015 Water Revenue Bonds-BUA Water Projects - 258228000 $5,919.74 $5,937.14 2019 Wastewater Revenue Bond - 254226002 $235,015.45 $235,017.25 2019 Wastewater Revenue Bonds 254226000 $115,048.92 $115,049.80 2019 Wastewater Revenue Bonds - BUA Water Projects -
Previous Balance less amount required for Refunding -
254226006
$2,503,141.41 $2,503,160.61
2019 Wastewater Revenue Bonds - Interest Account -
254226001
$0.16 $0.16
2019 Wastewater Revenue Bonds - Cost of Issuance Fund - 254226005
$1.43 $1.43
2015 Electric Revenue Bond-Acquisition & Construction Fund - 262685003
$2,555.04 $2,562.55
2015 Electric Revenue Bond-Acquisition & Construction Fund - 262685000
$11,972.31 $12,007.50
Successor Agency of the Dissolved Redevelopment Agency of the City of Banning Tax Allocation Bonds Series 2016 (Taxable) Unexpended Proceeds Fund - 277166005
$7,687,638.76 $7,687,668.25
Successor Agency of the Dissolved Redevelopment Agency of the City of Banning Tax Allocation Bonds Series 2016 (Taxable) Revenue Fund - 277166000
$406,277.70 $1.93
Improvement Dist No 2004-1 (Fair Oaks Ranch Estates) Limited Obligation Improvement Bonds Series 2005A Interest Acct789582000$0.06 $0.06 Improvement Dist No 2004-1 (Fair Oaks Ranch Estates) Limited Obligation Improvement Bonds Series 2005A Principal Acct789582001$37,838.79 $0.05 Improvement Dist No 2004-1 (Fair Oaks Ranch Estates) Limited Obligation Improvement Bonds Series 2005A Reserve Fund789582003$186,059.94 $186,060.65 PERMA Member Trust Account xxx-xxxx-101.12-00 $2,502,925.14 $2,253,477.16 CAISO - City of Banning XXXXX6994 $129,965.91 $130,390.11 City of Banning - XXXXX5920 - Riverside Public Utilities (RPU) $1,172,639.64 $458,701.34 Cash with Fiscal Agents
US Bank
$15,888,761.27 $14,484,417.77
Restricted Investment in SCPPA Project Stabilization Fund Project Stabilization Fund $1,011,666.84 $1,013,747.80
Total Restricted Cash
and Investments
$16,900,428.11 $15,498,165.57
49 Grand Total Cash
and Investments
$70,025,815.52 $67,194,208.28
BOND RESERVE INSURANCE POLICIES:

Insurance Policy and Purpose Market Value
2015 Electric Revenue Bond-Reserve Fund -
262685002 - Market Value
$2,428,543.76
Successor Agency of the Dissolved Redevelopment
Agency of the City of Banning Tax Allocation Bonds
Series 2016 (Taxable) Reserve Fund- 277166004
Market Value
$2,205,497.50
FISCAL IMPACT:

Not applicable.

I hereby certify that the investment activity for this reporting period conforms with the investment policy adopted by the City of Banning's City Council and the California Government Code Section 53601.

I also certify that there exists adequate pooled cash available to meet the City's disbursement requirements for at least the next six months.

ALTERNATIVES:

Not applicable.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Attachment 1 - Investment Report March 2025.pdf

2. Attachment 2 - City of Banning Broker Report March 2025.pdf

3. Attachment 3 - LAIF Market Valuation March 2025.pdf

4. PMIA_LAIF Performance Report March 2025.pdf
50 Investment Held by Investment Name Investment Type CUSIP Number Standard & Poors Rating Moodys Rating Maturity Duration Par
Market
Yield Market Price Market Value/Accrued Int
Percentage of
Investments
State of California, Local Agency
Investment Fund
City of Banning Pooled Investment N/A N/A N/A $ 25,139,527.45 4.313 100.20611 $ 25,191,342.53 54.0% Successor Agency Pooled Investment N/A N/A N/A $ - 4.313 100.20611 $ - 0.0% $ 25,139,527.45 $ 25,191,342.53 54.0%
US Bank- Broker Chandler Asset
Management
Government Agencies
Total ABS Asset-Backed Securities Various AAA AAA 1.17 $ 620,721.39 4.500 100.92303 $ 626,450.83 1.33% Total Agency Federal Agencies Various AA AAA 0.53 $ 12,000,000.00 4.280 99.12667 $ 11,895,200.40 25.8% Total Cash Cash and Equivalents CCYUSD AAA AAA 0.00 $ 931.89 0.000 100.00 $ 931.89 0.0% Total Commercial Paper Paper 62479LL78 NA A-1 0.18 $ - 5.500 99.497 $ - 0.0% Total Corporate Corporate Various A/AA A/AA 0.52 $ 4,070,000.00 4.350 99.56649 $ 4,052,356.14 8.7% Total Money Market Money Market/Mutual Funds 31846V401 AAA AAA 0.00 $ 137,391.64 3.820 100.00 $ 137,391.64 0.3% Total US Treasury US Treasuries Various AA/AAA A/AAA 0.47 $ 4,610,000.00 4.220 99.41502 $ 4,583,032.42 9.9% $ 21,439,044.92 $ 21,295,363.33 46.0%
Total Investments $ 46,578,572.37 $ 46,486,705.86 100.0% City of Banning
Report of Investments
March 2025
51 MONTHLY ACCOUNT STATEMENT
City of Banning | Account #11089 | As of March 31, 2025 CHANDLER ASSET MANAGEMENT | chandlerasset.com
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures at the end of the statement.

Chandler Team:

For questions about your account, please call (800) 317-4747, or contact [email protected]
Custodian:

US Bank
52 CONFIDENTIAL | 2
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

PORTFOLIO SUMMARY
Portfolio Characteristics
Sector Allocation
Performance Review
Account Summary
Maturity Distribution
Top Issuers
Credit Quality (S&P)
Total Rate of Return** 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS Since Inception (07/01/23)
City of Banning 0.39% 1.20% 1.20% 5.23% -- -- -- -- 5.37% Benchmark Return 0.37% 1.06% 1.06% 5.10% -- -- -- -- 5.12% Average Modified Duration 0.53
Average Coupon 2.73%
Average Purchase YTM 3.27%
Average Market YTM 4.28%
Average Credit Quality* AA+
Average Final Maturity 0.61
Average Life 0.54
End Values as of
02/28/2025
End Values as of
03/31/2025
Market Value 21,206,613.63 21,295,363.06
Accrued Interest 175,065.68 169,771.72
Total Market Value 21,381,679.31 21,465,134.78
Income Earned 59,591.92 60,733.23
Cont/WD 0.00 0.00
Par 21,373,519.10 21,439,044.92
Book Value 21,323,332.72 21,389,527.06
Cost Value 21,244,325.84 21,321,031.71
Federal Home Loan Banks 41.86%
Government of The United States 21.52%
Federal Home Loan Mortgage Corp 14.00%
Amazon.com, Inc. 2.35%
Exxon Mobil Corporation 2.32%
Simon Property Group, Inc. 1.29%
Air Products and Chemicals, Inc. 1.27%
Bank of America Corporation 1.24%
**Periods over 1 year are annualized.

Benchmark: ICE BofA 0-1 Year US Treasury Notes & Bonds Secondary Benchmark:
*The average credit quality is a weighted average calculation of the highest of S&P, Moody’s and Fitch. 53 CONFIDENTIAL | 3
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes

AGENCY MORTGAGE SECURITIES (CMOS)
Max % (MV) 100.0 0.0 Compliant
Max % Issuer (MV) 30.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant

ASSET-BACKED SECURITIES (ABS)
Max % (MV; Non Agency ABS & MBS) 20.0 2.9 Compliant
Max % Issuer (MV) 5.0 1.0 Compliant
Max Maturity (Years) 5 4 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant

BANKERS' ACCEPTANCES
Max % (MV) 40.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Days) 180 0.0 Compliant
Min Rating (A-1 by 1 or A- by 1) 0.0 0.0 Compliant

CERTIFICATE OF DEPOSIT PLACEMENT SERVICE (CDARS)
Max % (MV) 30.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant

COLLATERALIZED BANK DEPOSITS
Max Maturity (Years) 5.0 0.0 Compliant

COLLATERALIZED TIME DEPOSITS (NON-NEGOTIABLE
CD/TD)
Max % (MV) 20.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant

COMMERCIAL PAPER
Max % (MV) 25.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Days) 270 0.0 Compliant
Min Rating (A-1 by 1 or A- by 1) 0.0 0.0 Compliant

CORPORATE MEDIUM TERM NOTES
Max % (MV) 30.0 19.0 Compliant
Max % Issuer (MV) 5.0 2.3 Compliant
Max Maturity (Years) 5 1 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant
54 CONFIDENTIAL | 4
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes

FDIC INSURED TIME DEPOSITS (NON-NEGOTIABLE CD/
TD)
Max % (MV) 20.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant

FEDERAL AGENCIES
Max % (MV) 100.0 55.9 Compliant
Max % Issuer (MV) 30.0 42.0 Not
Compliant Inherited Securities
Max Callables (MV) 20.0 55.9 Not
Compliant Agency Callables; Inherited Securities; Client Directive Approved Strategy Shift Max Maturity (Years) 5 1 Compliant

LOCAL AGENCY INVESTMENT FUND (LAIF)
Max Concentration (MV) 75.0 0.0 Compliant

MONEY MARKET MUTUAL FUNDS
Max % (MV) 20.0 0.6 Compliant
Max % Issuer (MV) 20.0 0.6 Compliant
Min Rating (AAA by 2) 0.0 0.0 Compliant

MORTGAGE-BACKED SECURITIES (NON-AGENCY)
Max % (MV) 20.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant

MUNICIPAL SECURITIES (CA, LOCAL AGENCY)
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant

MUNICIPAL SECURITIES (CA, OTHER STATES)
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant

MUTUAL FUNDS
Max % (MV) 20.0 0.0 Compliant
Max % Issuer (MV) 10.0 0.0 Compliant
55 CONFIDENTIAL | 5
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes
Min Rating (AAA by 2) 0.0 0.0 Compliant

NEGOTIABLE CERTIFICATES OF DEPOSIT (NCD)
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A-1 by 1 or A- by 1 if > FDIC Limit) 0.0 0.0 Compliant

REPURCHASE AGREEMENTS
Max Maturity (Years) 1.0 0.0 Compliant

SUPRANATIONAL OBLIGATIONS
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 10.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant
U.S. TREASURIES
Max % (MV) 100.0 21.5 Compliant
Max Maturity (Years) 5 0.0 Compliant
56 CONFIDENTIAL | 6
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

RECONCILIATION SUMMARY
Accrual Activity Summary
Fair Market Activity Summary
Month to Date Fiscal Year to Date
(07/01/2024)
Beginning Book Value 21,323,332.72 20,890,632.11
Maturities/Calls (1,425,000.00) (8,710,000.00)
Principal Paydowns (4,278.61) (4,278.61)
Purchases 2,925,649.00 18,041,949.52
Sales (1,443,771.82) (8,817,130.00)
Change in Cash, Payables, Receivables 167.14 (182,083.03) Amortization/Accretion 13,428.62 170,437.07
Realized Gain (Loss) (0.00) (0.00)
Ending Book Value 21,389,527.06 21,389,527.06
Month to Date Fiscal Year to Date
(07/01/2024)
Beginning Market Value 21,206,613.63 20,501,414.03
Maturities/Calls (1,425,000.00) (8,710,000.00)
Principal Paydowns (4,278.61) (4,278.61)
Purchases 2,925,649.00 18,041,949.52
Sales (1,443,771.82) (8,817,130.00)
Change in Cash, Payables, Receivables 167.14 (182,083.03) Amortization/Accretion 13,428.62 170,437.07
Change in Net Unrealized Gain (Loss) 22,555.09 295,054.08 Realized Gain (Loss) (0.00) (0.00)
Ending Market Value 21,295,363.06 21,295,363.06
Maturities / Calls
Month to Date (1,425,000.00)
Fiscal Year to Date (8,710,000.00)
Principal Paydowns
Month to Date (4,278.61)
Fiscal Year to Date (4,278.61)
Purchases
Month to Date 2,925,649.00
Fiscal Year to Date 18,041,949.52
Sales
Month to Date (1,443,771.82)
Fiscal Year to Date (8,817,130.00)
Interest Received
Month to Date 64,130.50
Fiscal Year to Date 370,228.14
Purchased / Sold Interest
Month to Date (11,531.93)
Fiscal Year to Date (39,687.23)
57 CONFIDENTIAL | 7
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
ABS
379929AD4 GMALT 2023-3 A3 5.38
11/20/2026 42,963.85 08/08/20235.36%
42,958.69
42,961.27
100.25

4.76%
43,071.22

70.63 0.20%
109.95
NA/AAA
AAA

1.64 0.37
05592XAD2 BMWOT 2023-A A3 5.47
02/25/2028 37,757.54 07/12/20235.47%
37,750.85
37,753.33
100.66

4.59%
38,006.47

34.42 0.18%
253.15
NA/AAA
AAA

2.91 0.70
47787CAC7 JDOT 2023-C A3 5.48
05/15/2028 195,000.00 09/12/20235.40%
194,986.60
194,991.01
100.96

4.57%
196,876.04
474.93

0.92%
1,885.02
AAA/NA
AAA

3.12 0.99
36267KAD9 GMCAR 2023-3 A3 5.45
06/16/2028 45,000.00 07/11/20235.66%
44,998.26
44,998.86
100.78

4.58%
45,352.97
102.19

0.21%
354.11

AAA/AAA
NA

3.21 0.84
02582JKD1 AMXCA 2023-3 A 5.23
09/15/2028 215,000.00 09/12/20235.29%
214,990.39
214,993.34
101.22

4.40%
217,625.80
499.76

1.02%
2,632.45
NA/AAA
AAA

3.46 1.37
362955AD8 GMCAR 2025-1 A3 4.62
12/17/2029 85,000.00 01/09/20254.67%
84,993.68
84,993.95
100.61

4.34%
85,518.33
163.63

0.40%
524.38
AAA/NA
AAA

4.71 1.86
Total ABS 620,721.39 5.28%
620,678.47
620,691.76
100.92

4.50%
626,450.82
1,345.55

2.94%
5,759.06

3.35 1.17
AGENCY
3130ARFY2 FEDERAL HOME LOAN BANKS 3.0
04/14/2025 3,000,000.00 04/14/20223.00%
3,000,000.00
3,000,000.00

99.95 4.37%
2,998,457.85
41,750.00

14.08%
(1,542.15)
AAA/AA
AA

0.04 0.04
3130ARGD7 FEDERAL HOME LOAN BANKS 4.0
04/14/2025 3,000,000.00 04/14/20223.00%
3,000,000.00
3,000,000.00

99.99 4.32%
2,999,564.04
55,666.67

14.09%
(435.96)
AAA/AA
AA

0.04 0.04
3134GW6Z4

FEDERAL HOME LOAN
MORTGAGE CORP 0.48
05/29/2025
3,000,000.00 10/30/2020

0.48%
3,000,000.00
3,000,000.00

99.39 4.35%
2,981,555.70
6,080.00

14.00%
(18,444.30)
AAA/AA
AA

0.16 0.16
3130ARF55 FEDERAL HOME LOAN BANKS 2.6
03/30/2027 3,000,000.00 03/30/2022

2.60%
3,000,000.00
3,000,000.00

97.19 4.08%
2,915,622.75
216.67

13.69%
(84,377.25)
AAA/AA
AA

2.00 1.92
Total Agency 12,000,000.00 2.27%
12,000,000.00
12,000,000.00

99.14 4.28%
11,895,200.34
103,713.33

55.86%
(104,799.66)

0.55 0.53
CASH
CCYUSD Receivable 931.89 --

0.00%
931.89
931.89

1.00 0.00%
931.89

0.00 0.00%

0.00 AAA/AAA
AAA

0.00 0.00
Total Cash 931.89 0.00%
931.89
931.89

1.00 0.00%
931.89

0.00 0.00%

0.00 0.00

0.00 CORPORATE
58 CONFIDENTIAL | 8
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
89236TGX7 TOYOTA MOTOR CREDIT CORP

3.0 04/01/2025 260,000.00 04/30/20245.53%
254,217.60
260,000.00
100.00

3.00%
260,000.00
3,900.00

1.22%

0.00 A/A
A

0.00 0.00
023135CE4 AMAZON.COM INC 3.0
04/13/2025 500,000.00 06/08/20234.67%
485,440.00
499,739.61

99.95 4.52%
499,736.11
7,000.00

2.35%
(3.51)
A/AA
AA

0.04 0.03
756109AV6 REALTY INCOME CORP 3.875
04/15/2025 260,000.00 05/14/20245.57%
256,105.20
259,836.74

99.96 4.94%
259,883.18
4,645.69

1.22%

46.44 A/A
NA

0.04 0.04
6174468C6 MORGAN STANLEY 4.0
07/23/2025 260,000.00 09/12/2024

4.56%
258,780.61
259,559.77

99.85 4.47%
259,599.23
1,964.44

1.22%

39.46 A/A
A

0.31 0.31
06051GFS3 BANK OF AMERICA CORP 3.875
08/01/2025 265,000.00 08/12/20244.88%
262,506.35
264,138.17

99.77 4.55%
264,389.48
1,711.46

1.24%
251.31
A/A
AA

0.34 0.33
20030NBN0 COMCAST CORP 3.375
08/15/2025 260,000.00 07/22/20245.17%
255,247.20
258,334.07

99.66 4.29%
259,111.49
1,121.25

1.22%
777.42
A/A
A

0.38 0.37
828807CV7 SIMON PROPERTY GROUP LP 3.5
09/01/2025 275,000.00 12/16/20244.65%
272,819.25
273,706.76

99.57 4.55%
273,804.31
802.08

1.29%

97.55 A/A
NA

0.42 0.41
24422EWJ4 JOHN DEERE CAPITAL CORP 4.05
09/08/2025 260,000.00 07/09/20245.06%
257,056.80
258,891.97

99.92 4.22%
259,793.14
672.75

1.22%
901.17
A/A
A

0.44 0.43
009158BB1 AIR PRODUCTS AND CHEMICALS
INC 1.5 10/15/2025 275,000.00 11/12/20244.51%
267,597.00
270,659.55

98.54 4.26%
270,991.64
1,902.08

1.27%
332.09
A/A
NA

0.54 0.52
89115A2K7 TORONTO-DOMINION BANK

5.103 01/09/2026 260,000.00 02/24/20254.49%
261,326.00
261,180.06
100.50

4.43%
261,299.46
3,022.11

1.23%
119.40
A/A
AA

0.78 0.74
02665WEY3 AMERICAN HONDA FINANCE
CORP 4.95 01/09/2026 220,000.00 03/19/20254.53%
220,712.80
220,683.80
100.30

4.54%
220,656.35
2,480.50

1.04%
(27.45)
A/A
NA

0.78 0.74
30231GAT9 EXXON MOBIL CORP 3.043
03/01/2026 500,000.00 06/08/20234.53%
481,105.00
493,644.58

98.90 4.28%
494,475.18
1,267.92

2.32%
830.59
AA/AA
NA

0.92 0.89
693475BB0 PNC FINANCIAL SERVICES
GROUP INC 1.15 08/13/2026 225,000.00 03/19/20254.52%
214,843.50
215,082.01

95.71 4.42%
215,344.61
345.00

1.01%
262.60
A/A
A

1.37 1.33
48125LRU8 JPMORGAN CHASE BANK NA

5.11 12/08/2026 250,000.00 10/16/20244.23%
254,312.50
253,360.54
101.31

4.29%
253,271.75
4,009.93

1.19%
(88.79)
AA/AA
AA

1.69 1.50
Total Corporate 4,070,000.00 4.76%
4,002,069.81
4,048,817.65

99.58 4.35%
4,052,355.94
34,845.22

19.03%
3,538.29

0.55 0.52

MONEY MARKET
FUND
31846V401 FIRST AMER:GVT OBLG D 137,391.64 --

3.82%
137,391.64
137,391.64

1.00 3.82%
137,391.64

0.00 0.65%

0.00 AAA/AAA
AAA

0.00 0.00
59 CONFIDENTIAL | 9
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
Total Money
Market Fund 137,391.64 3.82%
137,391.64
137,391.64

1.00 3.82%
137,391.64

0.00 0.65%

0.00 0.00

0.00 US TREASURY
912797LN5 UNITED STATES TREASURY
06/12/2025 420,000.00 12/16/20244.33%
411,363.14
416,486.70

99.16 4.28%
416,480.40

0.00 1.96%
(6.30)
A/AAA
AAA

0.20 0.20
91282CEU1 UNITED STATES TREASURY 2.875
06/15/2025 500,000.00 10/21/20244.30%
495,468.75
498,559.98

99.70 4.32%
498,488.28
4,225.62

2.34%
(71.70)
AAA/AA
AA

0.21 0.20
912797NW3 UNITED STATES TREASURY
06/26/2025 350,000.00 01/21/20254.31%
343,707.00
346,508.40

99.00 4.30%
346,492.51

0.00 1.63%
(15.89)
A/AAA
AAA

0.24 0.23
912797NX1 UNITED STATES TREASURY
07/03/2025 250,000.00 01/06/20254.28%
244,920.47
247,331.09

98.92 4.30%
247,291.54

0.00 1.16%
(39.56)
A/AAA
AAA

0.26 0.25
912797PE1 UNITED STATES TREASURY
07/17/2025 350,000.00 01/21/20254.31%
342,868.95
345,664.65

98.76 4.30%
345,643.84

0.00 1.62%
(20.81)
A/AAA
AAA

0.30 0.29
912797PP6 UNITED STATES TREASURY
08/21/2025 500,000.00 02/24/20254.34%
489,695.65
491,733.23

98.37 4.25%
491,874.45

0.00 2.31%
141.21
A/AAA
AAA

0.39 0.38
91282CFP1 UNITED STATES TREASURY 4.25
10/15/2025 300,000.00 03/12/20254.19%
300,093.75
300,085.50
100.02

4.21%
300,065.63
5,884.62

1.41%
(19.88)
AAA/AA
AA

0.54 0.52
91282CFW6 UNITED STATES TREASURY 4.5
11/15/2025 400,000.00 12/30/20244.24%
400,859.38
400,614.23
100.20

4.16%
400,796.88
6,812.15

1.88%
182.65
AAA/AA
AA

0.63 0.60
9128285N6 UNITED STATES TREASURY 2.875
11/30/2025 300,000.00 03/12/20254.18%
297,246.09
297,445.80

99.15 4.18%
297,445.31
2,890.80

1.40%
(0.49)
AAA/AA
AA

0.67 0.64
91282CGA3 UNITED STATES TREASURY 4.0
12/15/2025 340,000.00 02/10/20254.26%
339,256.25
339,374.96

99.93 4.10%
339,745.00
3,997.80

1.60%
370.04
AAA/AA
AA

0.71 0.68
91282CGE5 UNITED STATES TREASURY 3.875
01/15/2026 500,000.00 06/08/20234.27%
495,136.72
498,522.09

99.83 4.09%
499,167.97
4,067.68

2.34%
645.88
AAA/AA
AA

0.79 0.76
91282CGL9 UNITED STATES TREASURY 4.0
02/15/2026 400,000.00 03/19/20254.18%
399,343.75
399,367.47

99.89 4.13%
399,540.62
1,988.95

1.88%
173.15
AAA/AA
AA

0.88 0.85
Total US Treasury 4,610,000.00 4.27%
4,559,959.90
4,581,694.11

99.42 4.22%
4,583,032.42
29,867.62

21.52%
1,338.31

0.49 0.47
Total Portfolio 21,439,044.92 3.27%
21,321,031.71
21,389,527.06

98.70 4.28%
21,295,363.06
169,771.72
100.00%
(94,164.00)

0.61 0.53
Total Market
Value + Accrued 21,465,134.78
60 CONFIDENTIAL | 10
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

TRANSACTION LEDGER
Transaction Type Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss

ACQUISITIONS
Purchase 03/03/2025 31846V401 12,420.00 FIRST AMER:GVT OBLG D 1.000 3.84% (12,420.00) 0.00 (12,420.00) 0.00 Purchase 03/03/2025 31846V401 764.75 FIRST AMER:GVT OBLG D 1.000 3.84% (764.75) 0.00 (764.75) 0.00 Purchase 03/06/2025 31846V401 575,000.00 FIRST AMER:GVT OBLG D 1.000 3.81% (575,000.00) 0.00 (575,000.00) 0.00 Purchase 03/10/2025 31846V401 5,265.00 FIRST AMER:GVT OBLG D 1.000 3.81% (5,265.00) 0.00 (5,265.00) 0.00 Purchase 03/13/2025 9128285N6 300,000.00 UNITED STATES TREASURY

2.875 11/30/2025 99.082 4.18% (297,246.09) (2,440.59) (299,686.68) 0.00 Purchase 03/13/2025 91282CFP1 300,000.00 UNITED STATES TREASURY

4.25 10/15/2025 100.031 4.19% (300,093.75) (5,219.09) (305,312.84) 0.00 Purchase 03/17/2025 31846V401 1,422.13 FIRST AMER:GVT OBLG D 1.000 3.79% (1,422.13) 0.00 (1,422.13) 0.00 Purchase 03/17/2025 31846V401 254,874.54 FIRST AMER:GVT OBLG D 1.000 3.79% (254,874.54) 0.00 (254,874.54) 0.00 Purchase 03/18/2025 31846V401 600,000.00 FIRST AMER:GVT OBLG D 1.000 3.80% (600,000.00) 0.00 (600,000.00) 0.00 Purchase 03/20/2025 31846V401 2,237.90 FIRST AMER:GVT OBLG D 1.000 3.79% (2,237.90) 0.00 (2,237.90) 0.00 Purchase 03/20/2025 91282CGL9 400,000.00 UNITED STATES TREASURY

4.0 02/15/2026 99.836 4.18% (399,343.75) (1,458.56) (400,802.31) 0.00 Purchase 03/20/2025 693475BB0 225,000.00

PNC FINANCIAL SERVICES
GROUP INC 1.15
08/13/2026

95.486 4.52% (214,843.50) (265.94) (215,109.44) 0.00
Purchase 03/20/2025 02665WEY3 220,000.00

AMERICAN HONDA
FINANCE CORP 4.95
01/09/2026
100.324 4.53% (220,712.80) (2,147.75) (222,860.55) 0.00 Purchase 03/25/2025 31846V401 182.33 FIRST AMER:GVT OBLG D 1.000 3.80% (182.33) 0.00 (182.33) 0.00 Purchase 03/25/2025 31846V401 2,242.46 FIRST AMER:GVT OBLG D 1.000 3.80% (2,242.46) 0.00 (2,242.46) 0.00 Purchase 03/31/2025 31846V401 39,000.00 FIRST AMER:GVT OBLG D 1.000 3.82% (39,000.00) 0.00 (39,000.00) 0.00 Total Purchase 2,938,409.11 (2,925,649.00) (11,531.93) (2,937,180.93) 0.00 TOTAL
ACQUISITIONS 2,938,409.11 (2,925,649.00) (11,531.93) (2,937,180.93) 0.00

DISPOSITIONS
Maturity 03/06/2025 912797MM6 (575,000.00) UNITED STATES TREASURY 03/06/2025 100.000 4.48% 575,000.00 0.00 575,000.00 0.00 Maturity 03/15/2025 00440EAS6 (250,000.00) CHUBB INA HOLDINGS LLC 3.15 03/15/2025 100.000 5.44% 250,000.00 0.00 250,000.00 0.00 61 CONFIDENTIAL | 11
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

TRANSACTION LEDGER
Transaction Type Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss Maturity 03/18/2025 912797NR4 (600,000.00) UNITED STATES TREASURY 03/18/2025 100.000 4.52% 600,000.00 0.00 600,000.00 0.00 Total Maturity (1,425,000.00) 1,425,000.00 0.00 1,425,000.00 0.00 Sale 03/13/2025 31846V401 (604,999.52) FIRST AMER:GVT OBLG D 1.000 3.80% 604,999.52 0.00 604,999.52 0.00 Sale 03/20/2025 31846V401 (615,911.75) FIRST AMER:GVT OBLG D 1.000 3.79% 615,911.75 0.00 615,911.75 0.00 Sale 03/20/2025 31846V401 (222,860.55) FIRST AMER:GVT OBLG D 1.000 3.79% 222,860.55 0.00 222,860.55 0.00 Total Sale (1,443,771.82) 1,443,771.82 0.00 1,443,771.82 0.00 TOTAL
DISPOSITIONS (2,868,771.82) 2,868,771.82 0.00 2,868,771.82 0.00 OTHER

TRANSACTIONS
Coupon 03/01/2025 30231GAT9 0.00 EXXON MOBIL CORP

3.043 03/01/2026 4.53% 7,607.50 0.00 7,607.50 0.00
Coupon 03/01/2025 828807CV7 0.00 SIMON PROPERTY GROUP
LP 3.5 09/01/2025 4.65% 4,812.50 0.00 4,812.50 0.00
Coupon 03/08/2025 24422EWJ4 0.00 JOHN DEERE CAPITAL
CORP 4.05 09/08/2025 5.06% 5,265.00 0.00 5,265.00 0.00
Coupon 03/15/2025 02582JKD1 0.00 AMXCA 2023-3 A 5.23
09/15/2028 5.29% 937.04 0.00 937.04 0.00
Coupon 03/15/2025 47787CAC7 0.00 JDOT 2023-C A3 5.48
05/15/2028 5.40% 890.50 0.00 890.50 0.00
Coupon 03/15/2025 00440EAS6 0.00 CHUBB INA HOLDINGS
LLC 3.15 03/15/2025 5.44% 3,937.50 0.00 3,937.50 0.00
Coupon 03/16/2025 362955AD8 0.00 GMCAR 2025-1 A3 4.62
12/17/2029 5.03% 327.25 0.00 327.25 0.00
Coupon 03/16/2025 36267KAD9 0.00 GMCAR 2023-3 A3 5.45
06/16/2028 5.66% 204.38 0.00 204.38 0.00
Coupon 03/20/2025 379929AD4 0.00 GMALT 2023-3 A3 5.38
11/20/2026 5.36% 201.75 0.00 201.75 0.00
Coupon 03/25/2025 05592XAD2 0.00 BMWOT 2023-A A3 5.47
02/25/2028 5.47% 182.33 0.00 182.33 0.00
Coupon 03/30/2025 3130ARF55 0.00 FEDERAL HOME LOAN
BANKS 2.6 03/30/2027 2.60% 39,000.00 0.00 39,000.00 0.00 62 CONFIDENTIAL | 12
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

TRANSACTION LEDGER
Transaction Type Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss Total Coupon 0.00 63,365.75 0.00 63,365.75 0.00
Dividend 03/31/2025 31846V401 0.00 FIRST AMER:GVT OBLG D 3.82% 931.89 0.00 931.89 0.00 Total Dividend 0.00 931.89 0.00 931.89 0.00
Principal Paydown 03/20/2025 379929AD4 2,036.15 GMALT 2023-3 A3 5.38 11/20/2026 5.36% 2,036.15 -- 2,036.15 (0.00)
Principal Paydown 03/25/2025 05592XAD2 2,242.46 BMWOT 2023-A A3 5.47 02/25/2028 5.47% 2,242.46 -- 2,242.46 0.00
Total Principal
Paydown 4,278.61 4,278.61 -- 4,278.61 (0.00)

TOTAL OTHER
TRANSACTIONS 4,278.61 68,576.25 0.00 68,576.25 (0.00)
63 CONFIDENTIAL | 13
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

INCOME EARNED
Cusip Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income

CASH & EQUIVALENTS
31846V401 FIRST AMER:GVT OBLG D
137,391.64
87,754.35
1,493,409.11
(1,443,771.82)
137,391.64

0.00 764.75

0.00 764.75

0.00 0.00

0.00 764.75
764.75
CCYUSD Receivable
931.89
764.75

0.00 0.00
931.89

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 Total Cash & Equivalents 138,323.53
88,519.10
1,493,409.11
(1,443,771.82)
138,323.53

0.00 764.75

0.00 764.75

0.00 0.00

0.00 764.75 764.75

FIXED INCOME
00440EAS6 CHUBB INA HOLDINGS LLC

3.15 03/15/2025
04/22/2024
04/24/2024

0.00 249,788.17

0.00 (250,000.00)

0.00 3,631.25
3,937.50

0.00 306.25
211.83

0.00 211.83
518.08
518.08
009158BB1

AIR PRODUCTS AND
CHEMICALS INC 1.5
10/15/2025
11/12/2024
11/13/2024
275,000.00
269,976.54

0.00 0.00
270,659.55
1,558.33

0.00 1,902.08
343.75
683.01

0.00 683.01
1,026.76
1,026.76
023135CE4 AMAZON.COM INC 3.0
04/13/2025
06/08/2023
06/12/2023
500,000.00
499,066.94

0.00 0.00
499,739.61
5,750.00

0.00 7,000.00
1,250.00
672.67

0.00 672.67
1,922.67
1,922.67
02582JKD1 AMXCA 2023-3 A 5.23
09/15/2028
09/12/2023
09/19/2023
215,000.00
214,993.18

0.00 0.00
214,993.34
499.76
937.04
499.76
937.04

0.16 0.00

0.16 937.20
937.20
02665WEY3 AMERICAN HONDA FINANCE
CORP 4.95 01/09/2026
03/19/2025
03/20/2025
220,000.00

0.00 220,712.80

0.00 220,683.80

0.00 (2,147.75)
2,480.50
332.75

0.00 (29.00)
(29.00)
303.75
303.75
64 CONFIDENTIAL | 14
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

INCOME EARNED
Cusip Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
05592XAD2 BMWOT 2023-A A3 5.47
02/25/2028
07/12/2023
07/18/2023
37,757.54
39,995.40

0.00 (2,242.46)
37,753.33

36.47 182.33

34.42 180.29

0.38 0.00

0.38 180.67
180.67
06051GFS3 BANK OF AMERICA CORP

3.875 08/01/2025
08/12/2024
08/13/2024
265,000.00
263,919.18

0.00 0.00
264,138.17
855.73

0.00 1,711.46
855.73
218.99

0.00 218.99
1,074.72
1,074.72
20030NBN0 COMCAST CORP 3.375
08/15/2025
07/22/2024
07/23/2024
260,000.00
257,954.34

0.00 0.00
258,334.07
390.00

0.00 1,121.25
731.25
379.73

0.00 379.73
1,110.98
1,110.98
24422EWJ4 JOHN DEERE CAPITAL CORP

4.05 09/08/2025
07/09/2024
07/10/2024
260,000.00
258,677.29

0.00 0.00
258,891.97
5,060.25
5,265.00
672.75
877.50
214.68

0.00 214.68
1,092.18
1,092.18
30231GAT9 EXXON MOBIL CORP 3.043
03/01/2026
06/08/2023
06/12/2023
500,000.00
493,054.71

0.00 0.00
493,644.58
7,607.50
7,607.50
1,267.92
1,267.92
589.87

0.00 589.87
1,857.79
1,857.79
3130ARF55 FEDERAL HOME LOAN BANKS

2.6 03/30/2027
03/30/2022
03/30/2022
3,000,000.00
3,000,000.00

0.00 0.00
3,000,000.00
32,716.67
39,000.00
216.67
6,500.00

0.00 0.00

0.00 6,500.00
6,500.00
3130ARFY2 FEDERAL HOME LOAN BANKS

3.0 04/14/2025
04/14/2022
04/14/2022
3,000,000.00
3,000,000.00

0.00 0.00
3,000,000.00
34,250.00

0.00 41,750.00
7,500.00

0.00 0.00

0.00 7,500.00
7,500.00
3130ARGD7 FEDERAL HOME LOAN BANKS

4.0 04/14/2025
04/14/2022
04/14/2022
3,000,000.00
3,000,000.00

0.00 0.00
3,000,000.00
45,666.67

0.00 55,666.67
10,000.00

0.00 0.00

0.00 10,000.00
10,000.00
3134GW6Z4

FEDERAL HOME LOAN
MORTGAGE CORP 0.48
05/29/2025
10/30/2020
10/30/2020
3,000,000.00
3,000,000.00

0.00 0.00
3,000,000.00
4,880.00

0.00 6,080.00
1,200.00

0.00 0.00

0.00 1,200.00
1,200.00
65 CONFIDENTIAL | 15
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

INCOME EARNED
Cusip Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
36267KAD9 GMCAR 2023-3 A3 5.45
06/16/2028
07/11/2023
07/19/2023
45,000.00
44,998.83

0.00 0.00
44,998.86
102.19
204.38
102.19
204.38

0.03 0.00

0.03 204.41
204.41
362955AD8 GMCAR 2025-1 A3 4.62
12/17/2029
01/09/2025
01/15/2025
85,000.00
84,993.84

0.00 0.00
84,993.95
163.63
327.25
163.63
327.25

0.11 0.00

0.11 327.36
327.36
379929AD4 GMALT 2023-3 A3 5.38
11/20/2026
08/08/2023
08/11/2023
42,963.85
44,997.16

0.00 (2,036.15)
42,961.27

73.98 201.75

70.63 198.40

0.26 0.00

0.26 198.66
198.66
47787CAC7 JDOT 2023-C A3 5.48
05/15/2028
09/12/2023
09/19/2023
195,000.00
194,990.77

0.00 0.00
194,991.01
474.93
890.50
474.93
890.50

0.24 0.00

0.24 890.74
890.74
48125LRU8 JPMORGAN CHASE BANK NA

5.11 12/08/2026
10/16/2024
10/17/2024
250,000.00
253,538.31

0.00 0.00
253,360.54
2,945.35

0.00 4,009.93
1,064.58

0.00 (177.78)
(177.78)
886.81
886.81
6174468C6 MORGAN STANLEY 4.0
07/23/2025
09/12/2024
09/13/2024
260,000.00
259,439.00

0.00 0.00
259,559.77
1,097.78

0.00 1,964.44
866.67
120.77

0.00 120.77
987.44
987.44
693475BB0 PNC FINANCIAL SERVICES
GROUP INC 1.15 08/13/2026
03/19/2025
03/20/2025
225,000.00

0.00 214,843.50

0.00 215,082.01

0.00 (265.94)
345.00

79.06 238.51

0.00 238.51
317.57
317.57
756109AV6 REALTY INCOME CORP 3.875
04/15/2025
05/14/2024
05/16/2024
260,000.00
259,475.25

0.00 0.00
259,836.74
3,806.11

0.00 4,645.69
839.58
361.49

0.00 361.49
1,201.08
1,201.08
828807CV7 SIMON PROPERTY GROUP LP

3.5 09/01/2025
12/16/2024
12/17/2024
275,000.00
273,444.74

0.00 0.00
273,706.76
4,812.50
4,812.50
802.08
802.08
262.03

0.00 262.03
1,064.11
1,064.11
66 CONFIDENTIAL | 16
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

INCOME EARNED
Cusip Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
89115A2K7 TORONTO-DOMINION BANK

5.103 01/09/2026
02/24/2025
02/25/2025
260,000.00
261,309.32

0.00 0.00
261,180.06
1,916.46

0.00 3,022.11
1,105.65

0.00 (129.26)
(129.26)
976.39
976.39
89236TGX7 TOYOTA MOTOR CREDIT
CORP 3.0 04/01/2025
04/30/2024
05/02/2024
260,000.00
259,463.31

0.00 0.00
260,000.00
3,250.00

0.00 3,900.00
650.00
536.69

0.00 536.69
1,186.69
1,186.69
912797LN5 UNITED STATES TREASURY
06/12/2025
12/16/2024
12/17/2024
420,000.00
414,974.03

0.00 0.00
416,486.70

0.00 0.00

0.00 0.00
1,512.67

0.00 1,512.67
1,512.67
1,512.67
912797MM6 UNITED STATES TREASURY
03/06/2025 0.00
574,653.52

0.00 (575,000.00)

0.00 0.00

0.00 0.00

0.00 346.48

0.00 346.48
346.48
346.48
912797NR4 UNITED STATES TREASURY
03/18/2025
11/18/2024
11/19/2024

0.00 598,755.46

0.00 (600,000.00)

0.00 0.00

0.00 0.00

0.00 1,244.54

0.00 1,244.54
1,244.54
1,244.54
912797NW3 UNITED STATES TREASURY
06/26/2025
01/21/2025
01/22/2025
350,000.00
345,249.80

0.00 0.00
346,508.40

0.00 0.00

0.00 0.00
1,258.60

0.00 1,258.60
1,258.60
1,258.60
912797NX1 UNITED STATES TREASURY
07/03/2025
01/06/2025
01/07/2025
250,000.00
246,441.46

0.00 0.00
247,331.09

0.00 0.00

0.00 0.00
889.64

0.00 889.64
889.64
889.64
912797PE1 UNITED STATES TREASURY
07/17/2025
01/21/2025
01/22/2025
350,000.00
344,408.61

0.00 0.00
345,664.65

0.00 0.00

0.00 0.00
1,256.04

0.00 1,256.04
1,256.04
1,256.04
912797PP6 UNITED STATES TREASURY
08/21/2025
02/24/2025
02/25/2025
500,000.00
489,928.52

0.00 0.00
491,733.23

0.00 0.00

0.00 0.00
1,804.72

0.00 1,804.72
1,804.72
1,804.72
67 CONFIDENTIAL | 17
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

INCOME EARNED
Cusip Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
9128285N6 UNITED STATES TREASURY

2.875 11/30/2025
03/12/2025
03/13/2025
300,000.00

0.00 297,246.09

0.00 297,445.80

0.00 (2,440.59)
2,890.80
450.21
199.71

0.00 199.71
649.92
649.92
91282CEU1 UNITED STATES TREASURY

2.875 06/15/2025
10/21/2024
10/22/2024
500,000.00
497,964.78

0.00 0.00
498,559.98
3,001.37

0.00 4,225.62
1,224.24
595.21

0.00 595.21
1,819.45
1,819.45
91282CFP1 UNITED STATES TREASURY

4.25 10/15/2025
03/12/2025
03/13/2025
300,000.00

0.00 300,093.75

0.00 300,085.50

0.00 (5,219.09)
5,884.62
665.53

0.00 (8.25)
(8.25)
657.28
657.28
91282CFW6 UNITED STATES TREASURY 4.5
11/15/2025
12/30/2024
12/31/2024
400,000.00
400,697.74

0.00 0.00
400,614.23
5,270.72

0.00 6,812.15
1,541.44

0.00 (83.51)
(83.51)
1,457.92
1,457.92
91282CGA3 UNITED STATES TREASURY 4.0
12/15/2025
02/10/2025
02/11/2025
340,000.00
339,299.86

0.00 0.00
339,374.96
2,839.56

0.00 3,997.80
1,158.24

75.10 0.00

75.10 1,233.34
1,233.34
91282CGE5 UNITED STATES TREASURY

3.875 01/15/2026
06/08/2023
06/09/2023
500,000.00
498,363.56

0.00 0.00
498,522.09
2,408.49

0.00 4,067.68
1,659.19
158.53

0.00 158.53
1,817.71
1,817.71
91282CGL9 UNITED STATES TREASURY 4.0
02/15/2026
03/19/2025
03/20/2025
400,000.00

0.00 399,343.75

0.00 399,367.47

0.00 (1,458.56)
1,988.95
530.39

23.72 0.00

23.72 554.11
554.11
Total Fixed Income 21,300,721.39
21,234,813.62
1,432,239.89
(1,429,278.61)
21,251,203.53
175,065.68
51,833.82
169,771.72
46,539.86
13,856.42
(427.80)
13,428.62
59,968.48 59,968.48
TOTAL PORTFOLIO 21,439,044.92
21,323,332.72
2,925,649.00
(2,873,050.43)
21,389,527.06
175,065.68
52,598.57
169,771.72
47,304.61
13,856.42
(427.80)
13,428.62
60,733.23 60,733.23
68 CONFIDENTIAL | 18
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount APRIL 2025
04/01/2025 Dividend 31846V401 0.00 931.89 931.89
04/01/2025 Coupon 89236TGX7 0.00 TOYOTA MOTOR CREDIT CORP 3.0 04/01/2025 3,900.00 3,900.00 04/01/2025 Maturity 89236TGX7 (260,000.00) TOYOTA MOTOR CREDIT CORP 3.0 04/01/2025 260,000.00 260,000.00 04/14/2025 Coupon 023135CE4 500,000.00 AMAZON.COM INC 3.0 04/13/2025 7,500.00 7,500.00 04/14/2025 Final Maturity 023135CE4 500,000.00 AMAZON.COM INC 3.0 04/13/2025 500,000.00 500,000.00 04/14/2025 Coupon 3130ARFY2 3,000,000.00 FEDERAL HOME LOAN BANKS 3.0 04/14/2025 45,000.00 45,000.00 04/14/2025 Final Maturity 3130ARFY2 3,000,000.00 FEDERAL HOME LOAN BANKS 3.0 04/14/2025 3,000,000.00 3,000,000.00 04/14/2025 Coupon 3130ARGD7 3,000,000.00 FEDERAL HOME LOAN BANKS 4.0 04/14/2025 60,000.00 60,000.00 04/14/2025 Final Maturity 3130ARGD7 3,000,000.00 FEDERAL HOME LOAN BANKS 4.0 04/14/2025 3,000,000.00 3,000,000.00 04/15/2025 Coupon 009158BB1 275,000.00 AIR PRODUCTS AND CHEMICALS INC 1.5 10/15/2025 2,062.50 2,062.50
04/15/2025 Coupon 02582JKD1 215,000.00 AMXCA 2023-3 A 5.23 09/15/2028 937.04 937.04 04/15/2025 Coupon 47787CAC7 195,000.00 JDOT 2023-C A3 5.48 05/15/2028 890.50 890.50 04/15/2025 Coupon 756109AV6 260,000.00 REALTY INCOME CORP 3.875 04/15/2025 5,037.50 5,037.50 04/15/2025 Final Maturity 756109AV6 260,000.00 REALTY INCOME CORP 3.875 04/15/2025 260,000.00 260,000.00 04/15/2025 Coupon 91282CFP1 300,000.00 UNITED STATES TREASURY 4.25 10/15/2025 6,375.00 6,375.00 04/16/2025 Coupon 36267KAD9 45,000.00 GMCAR 2023-3 A3 5.45 06/16/2028 204.38 204.38 04/16/2025 Coupon 362955AD8 85,000.00 GMCAR 2025-1 A3 4.62 12/17/2029 327.25 327.25 04/21/2025 Coupon 379929AD4 42,963.85 GMALT 2023-3 A3 5.38 11/20/2026 192.62 192.62 04/21/2025 Principal Paydown 379929AD4 42,963.85 GMALT 2023-3 A3 5.38 11/20/2026 4,877.14 4,877.14 04/25/2025 Coupon 05592XAD2 37,757.54 BMWOT 2023-A A3 5.47 02/25/2028 172.11 172.11 04/25/2025 Principal Paydown 05592XAD2 37,757.54 BMWOT 2023-A A3 5.47 02/25/2028 2,436.22 2,436.22 04/29/2025 Coupon 3134GW6Z4 3,000,000.00 FEDERAL HOME LOAN MORTGAGE CORP 0.48 05/29/2025 7,200.00 7,200.00
April 2025 Total 7,028,245.25 139,798.90 7,168,044.15
MAY 2025
05/15/2025 Coupon 02582JKD1 215,000.00 AMXCA 2023-3 A 5.23 09/15/2028 937.04 937.04 05/15/2025 Coupon 47787CAC7 195,000.00 JDOT 2023-C A3 5.48 05/15/2028 890.50 890.50 05/15/2025 Coupon 91282CFW6 400,000.00 UNITED STATES TREASURY 4.5 11/15/2025 9,000.00 9,000.00 05/16/2025 Coupon 36267KAD9 45,000.00 GMCAR 2023-3 A3 5.45 06/16/2028 204.38 204.38 05/16/2025 Principal Paydown 36267KAD9 45,000.00 GMCAR 2023-3 A3 5.45 06/16/2028 1,258.27 1,258.27 69 CONFIDENTIAL | 19
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 05/16/2025 Coupon 362955AD8 85,000.00 GMCAR 2025-1 A3 4.62 12/17/2029 327.25 327.25 05/20/2025 Coupon 379929AD4 42,963.85 GMALT 2023-3 A3 5.38 11/20/2026 170.76 170.76 05/20/2025 Principal Paydown 379929AD4 42,963.85 GMALT 2023-3 A3 5.38 11/20/2026 6,069.75 6,069.75 05/26/2025 Coupon 05592XAD2 37,757.54 BMWOT 2023-A A3 5.47 02/25/2028 161.01 161.01 05/26/2025 Principal Paydown 05592XAD2 37,757.54 BMWOT 2023-A A3 5.47 02/25/2028 2,316.92 2,316.92 05/29/2025 Coupon 3134GW6Z4 3,000,000.00 FEDERAL HOME LOAN MORTGAGE CORP 0.48 05/29/2025 1,200.00 1,200.00
05/29/2025 Final Maturity 3134GW6Z4 3,000,000.00 FEDERAL HOME LOAN MORTGAGE CORP 0.48 05/29/2025 3,000,000.00 3,000,000.00
May 2025 Total 3,009,644.94 12,890.93 3,022,535.87
JUNE 2025
06/02/2025 Coupon 9128285N6 300,000.00 UNITED STATES TREASURY 2.875 11/30/2025 4,312.50 4,312.50 06/09/2025 Coupon 48125LRU8 250,000.00 JPMORGAN CHASE BANK NA 5.11 12/08/2026 6,387.50 6,387.50 06/12/2025 Final Maturity 912797LN5 420,000.00 UNITED STATES TREASURY 06/12/2025 420,000.00 420,000.00 06/16/2025 Coupon 02582JKD1 215,000.00 AMXCA 2023-3 A 5.23 09/15/2028 937.04 937.04 06/16/2025 Coupon 36267KAD9 45,000.00 GMCAR 2023-3 A3 5.45 06/16/2028 198.66 198.66 06/16/2025 Principal Paydown 36267KAD9 45,000.00 GMCAR 2023-3 A3 5.45 06/16/2028 2,475.81 2,475.81 06/16/2025 Coupon 362955AD8 85,000.00 GMCAR 2025-1 A3 4.62 12/17/2029 327.25 327.25 06/16/2025 Coupon 47787CAC7 195,000.00 JDOT 2023-C A3 5.48 05/15/2028 890.50 890.50 06/16/2025 Principal Paydown 47787CAC7 195,000.00 JDOT 2023-C A3 5.48 05/15/2028 8,489.29 8,489.29 06/16/2025 Coupon 91282CEU1 500,000.00 UNITED STATES TREASURY 2.875 06/15/2025 7,187.50 7,187.50 06/16/2025 Final Maturity 91282CEU1 500,000.00 UNITED STATES TREASURY 2.875 06/15/2025 500,000.00 500,000.00 06/16/2025 Coupon 91282CGA3 340,000.00 UNITED STATES TREASURY 4.0 12/15/2025 6,800.00 6,800.00 06/20/2025 Coupon 379929AD4 42,963.85 GMALT 2023-3 A3 5.38 11/20/2026 143.54 143.54 06/20/2025 Principal Paydown 379929AD4 42,963.85 GMALT 2023-3 A3 5.38 11/20/2026 5,506.87 5,506.87 06/25/2025 Coupon 05592XAD2 37,757.54 BMWOT 2023-A A3 5.47 02/25/2028 150.45 150.45 06/25/2025 Principal Paydown 05592XAD2 37,757.54 BMWOT 2023-A A3 5.47 02/25/2028 2,272.90 2,272.90 06/26/2025 Final Maturity 912797NW3 350,000.00 UNITED STATES TREASURY 06/26/2025 350,000.00 350,000.00 June 2025 Total 1,288,744.87 27,334.94 1,316,079.81
JULY 2025
07/03/2025 Final Maturity 912797NX1 250,000.00 UNITED STATES TREASURY 07/03/2025 250,000.00 250,000.00 70 CONFIDENTIAL | 20
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 07/09/2025 Coupon 02665WEY3 220,000.00 AMERICAN HONDA FINANCE CORP 4.95 01/09/2026 5,445.00 5,445.00
07/09/2025 Coupon 89115A2K7 260,000.00 TORONTO-DOMINION BANK 5.103 01/09/2026 6,633.90 6,633.90 07/15/2025 Coupon 02582JKD1 215,000.00 AMXCA 2023-3 A 5.23 09/15/2028 937.04 937.04 07/15/2025 Coupon 47787CAC7 195,000.00 JDOT 2023-C A3 5.48 05/15/2028 851.73 851.73 07/15/2025 Principal Paydown 47787CAC7 195,000.00 JDOT 2023-C A3 5.48 05/15/2028 13,528.75 13,528.75 07/15/2025 Coupon 91282CGE5 500,000.00 UNITED STATES TREASURY 3.875 01/15/2026 9,687.50 9,687.50 07/16/2025 Coupon 36267KAD9 45,000.00 GMCAR 2023-3 A3 5.45 06/16/2028 187.42 187.42 07/16/2025 Principal Paydown 36267KAD9 45,000.00 GMCAR 2023-3 A3 5.45 06/16/2028 2,491.32 2,491.32 07/16/2025 Coupon 362955AD8 85,000.00 GMCAR 2025-1 A3 4.62 12/17/2029 327.25 327.25 07/17/2025 Final Maturity 912797PE1 350,000.00 UNITED STATES TREASURY 07/17/2025 350,000.00 350,000.00 07/21/2025 Coupon 379929AD4 42,963.85 GMALT 2023-3 A3 5.38 11/20/2026 118.85 118.85 07/21/2025 Principal Paydown 379929AD4 42,963.85 GMALT 2023-3 A3 5.38 11/20/2026 5,266.55 5,266.55 07/23/2025 Coupon 6174468C6 260,000.00 MORGAN STANLEY 4.0 07/23/2025 5,200.00 5,200.00 07/23/2025 Final Maturity 6174468C6 260,000.00 MORGAN STANLEY 4.0 07/23/2025 260,000.00 260,000.00 07/25/2025 Coupon 05592XAD2 37,757.54 BMWOT 2023-A A3 5.47 02/25/2028 140.08 140.08 07/25/2025 Principal Paydown 05592XAD2 37,757.54 BMWOT 2023-A A3 5.47 02/25/2028 2,227.03 2,227.03 July 2025 Total 883,513.65 29,528.78 913,042.42
AUGUST 2025
08/01/2025 Coupon 06051GFS3 265,000.00 BANK OF AMERICA CORP 3.875 08/01/2025 5,134.38 5,134.38 08/01/2025 Final Maturity 06051GFS3 265,000.00 BANK OF AMERICA CORP 3.875 08/01/2025 265,000.00 265,000.00 08/13/2025 Coupon 693475BB0 225,000.00 PNC FINANCIAL SERVICES GROUP INC 1.15 08/13/2026 1,293.75 1,293.75
08/15/2025 Coupon 02582JKD1 215,000.00 AMXCA 2023-3 A 5.23 09/15/2028 937.04 937.04 08/15/2025 Coupon 20030NBN0 260,000.00 COMCAST CORP 3.375 08/15/2025 4,387.50 4,387.50 08/15/2025 Final Maturity 20030NBN0 260,000.00 COMCAST CORP 3.375 08/15/2025 260,000.00 260,000.00 08/15/2025 Coupon 47787CAC7 195,000.00 JDOT 2023-C A3 5.48 05/15/2028 789.95 789.95 08/15/2025 Principal Paydown 47787CAC7 195,000.00 JDOT 2023-C A3 5.48 05/15/2028 10,344.43 10,344.43 08/15/2025 Coupon 91282CGL9 400,000.00 UNITED STATES TREASURY 4.0 02/15/2026 8,000.00 8,000.00 08/18/2025 Coupon 36267KAD9 45,000.00 GMCAR 2023-3 A3 5.45 06/16/2028 176.10 176.10 08/18/2025 Principal Paydown 36267KAD9 45,000.00 GMCAR 2023-3 A3 5.45 06/16/2028 2,417.55 2,417.55 08/18/2025 Coupon 362955AD8 85,000.00 GMCAR 2025-1 A3 4.62 12/17/2029 327.25 327.25 71 CONFIDENTIAL | 21
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 08/20/2025 Coupon 379929AD4 42,963.85 GMALT 2023-3 A3 5.38 11/20/2026 95.24 95.24 08/20/2025 Principal Paydown 379929AD4 42,963.85 GMALT 2023-3 A3 5.38 11/20/2026 5,031.04 5,031.04 08/21/2025 Final Maturity 912797PP6 500,000.00 UNITED STATES TREASURY 08/21/2025 500,000.00 500,000.00 08/25/2025 Coupon 05592XAD2 37,757.54 BMWOT 2023-A A3 5.47 02/25/2028 129.93 129.93 08/25/2025 Principal Paydown 05592XAD2 37,757.54 BMWOT 2023-A A3 5.47 02/25/2028 2,160.39 2,160.39 August 2025 Total 1,044,953.41 21,271.14 1,066,224.55
SEPTEMBER 2025
09/02/2025 Coupon 30231GAT9 500,000.00 EXXON MOBIL CORP 3.043 03/01/2026 7,607.50 7,607.50 09/02/2025 Coupon 828807CV7 275,000.00 SIMON PROPERTY GROUP LP 3.5 09/01/2025 4,812.50 4,812.50 09/02/2025 Final Maturity 828807CV7 275,000.00 SIMON PROPERTY GROUP LP 3.5 09/01/2025 275,000.00 275,000.00 09/08/2025 Coupon 24422EWJ4 260,000.00 JOHN DEERE CAPITAL CORP 4.05 09/08/2025 5,265.00 5,265.00 09/08/2025 Final Maturity 24422EWJ4 260,000.00 JOHN DEERE CAPITAL CORP 4.05 09/08/2025 260,000.00 260,000.00 09/15/2025 Coupon 02582JKD1 215,000.00 AMXCA 2023-3 A 5.23 09/15/2028 937.04 937.04 09/15/2025 Coupon 47787CAC7 195,000.00 JDOT 2023-C A3 5.48 05/15/2028 742.71 742.71 09/15/2025 Principal Paydown 47787CAC7 195,000.00 JDOT 2023-C A3 5.48 05/15/2028 8,214.74 8,214.74 09/16/2025 Coupon 36267KAD9 45,000.00 GMCAR 2023-3 A3 5.45 06/16/2028 165.12 165.12 09/16/2025 Principal Paydown 36267KAD9 45,000.00 GMCAR 2023-3 A3 5.45 06/16/2028 2,371.80 2,371.80 09/16/2025 Coupon 362955AD8 85,000.00 GMCAR 2025-1 A3 4.62 12/17/2029 327.25 327.25 09/22/2025 Coupon 379929AD4 42,963.85 GMALT 2023-3 A3 5.38 11/20/2026 72.69 72.69 09/22/2025 Principal Paydown 379929AD4 42,963.85 GMALT 2023-3 A3 5.38 11/20/2026 5,792.17 5,792.17 09/25/2025 Coupon 05592XAD2 37,757.54 BMWOT 2023-A A3 5.47 02/25/2028 120.09 120.09 09/25/2025 Principal Paydown 05592XAD2 37,757.54 BMWOT 2023-A A3 5.47 02/25/2028 2,115.97 2,115.97 09/30/2025 Coupon 3130ARF55 3,000,000.00 FEDERAL HOME LOAN BANKS 2.6 03/30/2027 39,000.00 39,000.00 September 2025
Total 553,494.68 59,049.90 612,544.58
OCTOBER 2025
10/15/2025 Coupon 009158BB1 275,000.00 AIR PRODUCTS AND CHEMICALS INC 1.5 10/15/2025 2,062.50 2,062.50
10/15/2025 Final Maturity 009158BB1 275,000.00 AIR PRODUCTS AND CHEMICALS INC 1.5 10/15/2025 275,000.00 275,000.00
10/15/2025 Coupon 02582JKD1 215,000.00 AMXCA 2023-3 A 5.23 09/15/2028 937.04 937.04 10/15/2025 Coupon 47787CAC7 195,000.00 JDOT 2023-C A3 5.48 05/15/2028 705.20 705.20 72 CONFIDENTIAL | 22
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 10/15/2025 Principal Paydown 47787CAC7 195,000.00 JDOT 2023-C A3 5.48 05/15/2028 9,599.79 9,599.79 10/15/2025 Coupon 91282CFP1 300,000.00 UNITED STATES TREASURY 4.25 10/15/2025 6,375.00 6,375.00 10/15/2025 Final Maturity 91282CFP1 300,000.00 UNITED STATES TREASURY 4.25 10/15/2025 300,000.00 300,000.00 10/16/2025 Coupon 36267KAD9 45,000.00 GMCAR 2023-3 A3 5.45 06/16/2028 154.35 154.35 10/16/2025 Principal Paydown 36267KAD9 45,000.00 GMCAR 2023-3 A3 5.45 06/16/2028 2,272.82 2,272.82 10/16/2025 Coupon 362955AD8 85,000.00 GMCAR 2025-1 A3 4.62 12/17/2029 327.25 327.25 10/20/2025 Coupon 379929AD4 42,963.85 GMALT 2023-3 A3 5.38 11/20/2026 46.72 46.72 10/20/2025 Principal Paydown 379929AD4 42,963.85 GMALT 2023-3 A3 5.38 11/20/2026 5,420.02 5,420.02 10/27/2025 Coupon 05592XAD2 37,757.54 BMWOT 2023-A A3 5.47 02/25/2028 110.44 110.44 10/27/2025 Principal Paydown 05592XAD2 37,757.54 BMWOT 2023-A A3 5.47 02/25/2028 2,036.12 2,036.12 October 2025
Total 594,328.75 10,718.50 605,047.25
NOVEMBER 2025
11/17/2025 Coupon 02582JKD1 215,000.00 AMXCA 2023-3 A 5.23 09/15/2028 937.04 937.04 11/17/2025 Coupon 36267KAD9 45,000.00 GMCAR 2023-3 A3 5.45 06/16/2028 144.03 144.03 11/17/2025 Principal Paydown 36267KAD9 45,000.00 GMCAR 2023-3 A3 5.45 06/16/2028 2,221.11 2,221.11 11/17/2025 Coupon 362955AD8 85,000.00 GMCAR 2025-1 A3 4.62 12/17/2029 327.25 327.25 11/17/2025 Coupon 47787CAC7 195,000.00 JDOT 2023-C A3 5.48 05/15/2028 661.36 661.36 11/17/2025 Principal Paydown 47787CAC7 195,000.00 JDOT 2023-C A3 5.48 05/15/2028 10,286.63 10,286.63 11/17/2025 Coupon 91282CFW6 400,000.00 UNITED STATES TREASURY 4.5 11/15/2025 9,000.00 9,000.00 11/17/2025 Final Maturity 91282CFW6 400,000.00 UNITED STATES TREASURY 4.5 11/15/2025 400,000.00 400,000.00 11/20/2025 Coupon 379929AD4 42,963.85 GMALT 2023-3 A3 5.38 11/20/2026 22.42 22.42 11/20/2025 Effective Maturity 379929AD4 42,963.85 GMALT 2023-3 A3 5.38 11/20/2026 5,000.31 5,000.31 11/25/2025 Coupon 05592XAD2 37,757.54 BMWOT 2023-A A3 5.47 02/25/2028 101.16 101.16 11/25/2025 Principal Paydown 05592XAD2 37,757.54 BMWOT 2023-A A3 5.47 02/25/2028 1,876.66 1,876.66 November 2025
Total 419,384.70 11,193.25 430,577.95
DECEMBER 2025
12/01/2025 Coupon 9128285N6 300,000.00 UNITED STATES TREASURY 2.875 11/30/2025 4,312.50 4,312.50 12/01/2025 Final Maturity 9128285N6 300,000.00 UNITED STATES TREASURY 2.875 11/30/2025 300,000.00 300,000.00 12/08/2025 Coupon 48125LRU8 250,000.00 JPMORGAN CHASE BANK NA 5.11 12/08/2026 6,387.50 6,387.50 12/15/2025 Coupon 02582JKD1 215,000.00 AMXCA 2023-3 A 5.23 09/15/2028 937.04 937.04 73 CONFIDENTIAL | 23
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 12/15/2025 Coupon 47787CAC7 195,000.00 JDOT 2023-C A3 5.48 05/15/2028 614.38 614.38 12/15/2025 Principal Paydown 47787CAC7 195,000.00 JDOT 2023-C A3 5.48 05/15/2028 7,642.07 7,642.07 12/15/2025 Coupon 91282CGA3 340,000.00 UNITED STATES TREASURY 4.0 12/15/2025 6,800.00 6,800.00 12/15/2025 Final Maturity 91282CGA3 340,000.00 UNITED STATES TREASURY 4.0 12/15/2025 340,000.00 340,000.00 12/16/2025 Coupon 36267KAD9 45,000.00 GMCAR 2023-3 A3 5.45 06/16/2028 133.94 133.94 12/16/2025 Principal Paydown 36267KAD9 45,000.00 GMCAR 2023-3 A3 5.45 06/16/2028 1,901.72 1,901.72 12/16/2025 Coupon 362955AD8 85,000.00 GMCAR 2025-1 A3 4.62 12/17/2029 327.25 327.25 12/25/2025 Coupon 05592XAD2 37,757.54 BMWOT 2023-A A3 5.47 02/25/2028 92.60 92.60 12/25/2025 Principal Paydown 05592XAD2 37,757.54 BMWOT 2023-A A3 5.47 02/25/2028 1,746.19 1,746.19 December 2025
Total 651,289.98 19,605.22 670,895.20
JANUARY 2026
01/09/2026 Coupon 02665WEY3 220,000.00 AMERICAN HONDA FINANCE CORP 4.95 01/09/2026 5,445.00 5,445.00
01/09/2026 Final Maturity 02665WEY3 220,000.00 AMERICAN HONDA FINANCE CORP 4.95 01/09/2026 220,000.00 220,000.00
01/09/2026 Coupon 89115A2K7 260,000.00 TORONTO-DOMINION BANK 5.103 01/09/2026 6,633.90 6,633.90 01/09/2026 Final Maturity 89115A2K7 260,000.00 TORONTO-DOMINION BANK 5.103 01/09/2026 260,000.00 260,000.00 01/15/2026 Coupon 02582JKD1 215,000.00 AMXCA 2023-3 A 5.23 09/15/2028 937.04 937.04 01/15/2026 Coupon 47787CAC7 195,000.00 JDOT 2023-C A3 5.48 05/15/2028 579.48 579.48 01/15/2026 Principal Paydown 47787CAC7 195,000.00 JDOT 2023-C A3 5.48 05/15/2028 11,053.63 11,053.63 01/15/2026 Coupon 91282CGE5 500,000.00 UNITED STATES TREASURY 3.875 01/15/2026 9,687.50 9,687.50 01/15/2026 Final Maturity 91282CGE5 500,000.00 UNITED STATES TREASURY 3.875 01/15/2026 500,000.00 500,000.00 01/16/2026 Coupon 36267KAD9 45,000.00 GMCAR 2023-3 A3 5.45 06/16/2028 125.30 125.30 01/16/2026 Principal Paydown 36267KAD9 45,000.00 GMCAR 2023-3 A3 5.45 06/16/2028 1,868.03 1,868.03 01/16/2026 Coupon 362955AD8 85,000.00 GMCAR 2025-1 A3 4.62 12/17/2029 327.25 327.25 01/26/2026 Coupon 05592XAD2 37,757.54 BMWOT 2023-A A3 5.47 02/25/2028 84.64 84.64 01/26/2026 Principal Paydown 05592XAD2 37,757.54 BMWOT 2023-A A3 5.47 02/25/2028 1,641.98 1,641.98 January 2026 Total 994,563.64 23,820.12 1,018,383.76
FEBRUARY 2026
02/13/2026 Coupon 693475BB0 225,000.00 PNC FINANCIAL SERVICES GROUP INC 1.15 08/13/2026 1,293.75 1,293.75
74 CONFIDENTIAL | 24
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 02/16/2026 Coupon 36267KAD9 45,000.00 GMCAR 2023-3 A3 5.45 06/16/2028 116.82 116.82 02/16/2026 Principal Paydown 36267KAD9 45,000.00 GMCAR 2023-3 A3 5.45 06/16/2028 1,846.82 1,846.82 02/16/2026 Coupon 362955AD8 85,000.00 GMCAR 2025-1 A3 4.62 12/17/2029 327.25 327.25 02/16/2026 Coupon 47787CAC7 195,000.00 JDOT 2023-C A3 5.48 05/15/2028 529.01 529.01 02/16/2026 Principal Paydown 47787CAC7 195,000.00 JDOT 2023-C A3 5.48 05/15/2028 10,064.27 10,064.27 02/17/2026 Coupon 02582JKD1 215,000.00 AMXCA 2023-3 A 5.23 09/15/2028 937.04 937.04 02/17/2026 Coupon 91282CGL9 400,000.00 UNITED STATES TREASURY 4.0 02/15/2026 8,000.00 8,000.00 02/17/2026 Final Maturity 91282CGL9 400,000.00 UNITED STATES TREASURY 4.0 02/15/2026 400,000.00 400,000.00 02/25/2026 Coupon 05592XAD2 37,757.54 BMWOT 2023-A A3 5.47 02/25/2028 77.16 77.16 02/25/2026 Principal Paydown 05592XAD2 37,757.54 BMWOT 2023-A A3 5.47 02/25/2028 1,620.16 1,620.16 February 2026
Total 413,531.24 11,281.03 424,812.27
Grand Total 50,868,087.49 16,881,695.10 366,492.70 17,248,187.81 75 CONFIDENTIAL | 25
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

IMPORTANT DISCLOSURES
Chandler Asset Management, Inc. (“Chandler”) is an SEC registered investment adviser. For additional information about our firm, please see our current disclosures (Form ADV).

To obtain a copy of our current disclosures, you may contact your client service representative by calling the number on the front of this statement or you may visit our website at www.chandlerasset.com.

Information contained in this monthly statement is confidential and is provided for informational purposes only and should not be construed as specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of this statement, but may become outdated or superseded at any time without notice.

Custody: Your qualified custodian bank maintains control of all assets reflected in this statement and we urge you to compare this statement to the one you receive from your qualified custodian. Chandler does not have any authority to withdraw or deposit funds from/to the custodian account.

Valuation: Prices are provided by IDC, an independent pricing source. In the event IDC does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A.

Performance: Performance results are presented gross-of-advisory fees and represent the client’s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.

Source ICE Data Indices, LLC (“ICE”), used with permission. ICE PERMITS USE OF THE ICE INDICES AND RELATED DATA ON AN “AS IS” BASIS; ICE, ITS AFFILIATES AND

THEIR RESPECTIVE THIRD PARTY SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS AND/OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, INCLUDING THE INDICES, INDEX DATA AND ANY DATA INCLUDED IN, RELATED TO, OR DERIVED THEREFROM.

NEITHER ICE DATA, ITS AFFILIATES OR THEIR RESPECTIVE THIRD PARTY PROVIDERS GUARANTEE THE QUALITY, ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INDICES OR THE INDEX DATA OR ANY COMPONENT THEREOF, AND THE INDICES AND INDEX DATA AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND LICENSEE’S USE IS AT LICENSEE’S OWN RISK. ICE DATA, ITS AFFILIATES AND THEIR RESPECTIVE THIRD PARTY DO NOT SPONSOR, ENDORSE, OR RECOMMEND CHANDLER, OR ANY OF ITS PRODUCTS OR SERVICES.

Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index.

Ratings: Ratings information have been provided by Moody’s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy.

Security level ratings for U.S. Agency issued mortgage-backed securities (“MBS”) reflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest and carries a high rating by S&P, Moody’s and Fitch respectively. 76 CONFIDENTIAL | 26
City of Banning | Account #11089 | As of March 31, 2025 Execution Time: 04/03/2025 01:45:48 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

BENCHMARK INDEX & DISCLOSURES
Benchmark Disclosure
ICE BofA 0-1 Yr US Treasury Index
The ICE BAML 0-1 Year US Treasury Index tracks the performance of US Dollar denominated Sovereign debt publically issued by the US government in its domestic market with maturities less than two years. Qualifying securities must haveat least one month and less than one years remaining term to final maturity, a fixed coupon schedule and a minimum amount outstanding of $1 billion. (Index: G0QA.

Please visit www.mlindex.ml.com for more information)
77 Carrying Cost Plus
Description Accrued Interest Purch. Amortized Cost Fair Value Accrued Interest United States Treasury:

Bills $ 40,147,336,135.36 $ 40,475,086,722.20 $ 40,480,617,490.00 NA Notes $ 42,918,275,329.21 $ 42,905,793,758.30 $ 43,039,332,894.00 $ 377,246,656.00 Federal Agency:

SBA $ 209,725,735.24 $ 209,725,735.24 $ 213,398,560.71 $ 840,069.51 MBS-REMICs $ 1,137,937.87 $ 1,137,937.87 $ 1,127,788.60 $ 4,964.16 Debentures $ 6,726,125,283.48 $ 6,726,125,283.48 $ 6,723,244,200.00 $ 51,486,574.00 Debentures FR $ - $ - $ - $ -
Debentures CL $ 2,750,000,000.00 $ 2,750,000,000.00 $ 2,758,623,500.00 $ 30,063,449.00 Discount Notes $ 29,244,125,236.00 $ 29,523,194,138.66 $ 29,512,185,000.00 NA Supranational Debentures $ 3,336,408,572.81 $ 3,335,613,056.14 $ 3,334,716,800.00 $ 19,165,126.50 Supranational Debentures FR $ - $ - $ - $ -
CDs and YCDs FR $ - $ - $ - $ -
Bank Notes $ - $ - $ -
CDs and YCDs $ 14,500,000,000.00 $ 14,500,000,000.00 $ 14,500,669,836.83 $ 173,222,847.19 Commercial Paper $ 10,600,784,777.74 $ 10,703,897,041.65 $ 10,704,693,041.66 NA Corporate:

Bonds FR $ - $ - $ - $ -
Bonds $ 940,730,522.83 $ 940,109,761.72 $ 935,812,095.00 $ 7,807,479.16 Repurchase Agreements $ - $ - $ - $ -
Reverse Repurchase $ - $ - $ - $ -
Time Deposits $ 5,184,500,000.00 $ 5,184,500,000.00 $ 5,184,500,000.00 NA PMIA & GF Loans $ 233,331,000.00 $ 233,331,000.00 $ 233,331,000.00 NA TOTAL $ 156,792,480,530.54 $ 157,488,514,435.26 $ 157,622,252,206.80 $ 659,837,165.52 Fair Value Including Accrued Interest $ 158,282,089,372.32 Repurchase Agreements, Time Deposits, PMIA & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost).

The value of each participating dollar equals the fair value divided by the amortized cost (1.000849191) As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAIF valued at $20,016,983.81 or $20,000,000.00 x1.000849191 State of California
Pooled Money Investment Account
Market Valuation
3/31/2025
78 March 4.313
February 4.333
January 4.366
December 4.434
November 4.477
October 4.518
PMIA Average Life(1): 244
LAIF Fair Value Factor(1): 1.000849191
PMIA Daily(1): 4.30
PMIA Quarter to Date(1): 4.34
LAIF Apportionment Rate(2): 4.48
LAIF Earnings Ratio(2): 0.00012266258268207
LAIF Administrative Cost(1)*: 0.26
Treasuries

52.98%
Agencies

26.95%
Certificates of
Deposit/Bank Notes

9.25%
Time
Deposits

3.31%
Commercial
Paper

6.76%
Corporate
Bonds

0.60%
Loans

0.15%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a). *The percentage of administrative cost equals the total administrative cost divided by the quarterly interest earnings. The law provides that administrative costs are not to exceed 5% of quarterly EARNINGS of the fund. However, if the 13-week Daily Treasury Bill Rate on the last day of the fiscal year is below 1%, then administrative costs shall not exceed 8% of quarterly EARNINGS of the fund for the subsequent fiscal year.

Source:
(1) State of California, Office of the Treasurer
(2) State of California, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 04/23/25
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 3/31/25
Chart does not include $1,138,000.00 in mortgages, which equates to 0.001%. Percentages may not total 100% due to rounding.

Pooled Money Investment Account
Monthly Portfolio Composition (1)
3/31/25
$156.8 billion
79 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director MEETING DATE: May 13, 2025
SUBJECT: Parks and Recreation Report of Monthly Activities through the 3rd Quarter of Fiscal Year 2024/2025 - March 2025
RECOMMENDATION:

Receive and file.

BACKGROUND:

To better track the participation levels of parks and recreation program offerings and the facilities usage for parks and recreation programs and services, staff developed a monthly report that is used to compile and present our numbers, help tell our story and allow for easy year over year comparison.

The ten-page report includes parks staff activities, park and facility usage, sports and classes participation, Senior activities, Banning Connect ridership and passes sold, aquatics programming, special events and the last page is a tracking page for trips and activities associated with the Outdoor Equity Program grant. The report is aligned with the fiscal year, July through June of each year and compiled each month.

Staff brings the report to the Council after each quarter of the Fiscal Year. Attached in this item, is the March 2025 report that contains participation information through the end of the 3rd quarter of FY 2024- 25 and includes participation data for the first nine months of this Fiscal year.

The 3rd quarter report shows continued ongoing park and facility usage as well as strong growth in overall programming and participation. Many of our regular ongoing programs continue to be at capacity or nearing capacity.

The March report continues to show great participation throughout all programming and services offered in the Senior Center. The daily meal program has grown to nearly 70 daily meals. The report shows that we successfully ran a large youth basketball program as well as the first adult basketball program in over ten years.

Although there has been a slight reduction in the total number of incidents of graffiti and a reduction in the total incidents of vandalism through the 3rd quarter of the Fiscal Year, the impacts on the department and the general public are noticeable. These negative incidents significantly impact our park staff's ability to perform ongoing park’s maintenance and the general public’s ability to use the park.

JUSTIFICATION:

This report provides quantitative information pertinent to parks and recreation services offered for the City of Banning's residents.

FISCAL IMPACT:
80 There is no fiscal impact with this report
ALTERNATIVES:

None provided.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Parks and Recreation MRA - Mar 2025.pdf
81 *Fiscal Year *
24-25
*The Monthly Reports are based on a fiscal year*
July 1, 2024- June 30, 2025
Six parks with approximately 58 developed acres maintained P1
P2
P3
P4
P5
P6
P7
P8
P9
P10
Parks Maintenance
Parks Usage
Facility Usage
Sports/Volunteers
Senior Center
Classes / Programs
Transit
Aquatics
Special Events
OEP
PARK and REC Stats
Monthly Year-to-Date
2023-2024 2024-2025 2023-2024 2024-2025
# of trees PLANTED 0 0 0 0
# of trees REMOVED 2 0 4 4
# of trees TRIMMED 18 26 52 55
Service requests completed by
Parks 13 7 66 64
Vandalism incidents repaired 21 7 82 75
Graffiti incidents repaired 19 15 182 148
March is for good times,
sports, and community
celebrations! We have
had a lot of fun within
every spot of Parks and
Rec, from the parks to
facilities, and as always,
our senior center.
82 2
Park/Field Usage
# of uses
Monthly Year-to-Date
2023-2024 2024-2025 2023-2024 2024-2025
Dysart Park 2 3 37 25
Lion’s Park 78 75 227 202
Repplier Park 42 31 206 187
Richard Sanchez 0 0 0 0
Roosevelt Williams 0 0 0 3
Sylvan Park 21 21 55 59
TOTAL 143 141 527 492
East Ramsey Lot 0 11 1 11
Carpenter Hamilton Park 0 0 1 0
Picnic Area Usage
(scheduled)
# of uses
Monthly Year-to-Date
2023-2024 2024-2025 2023-2024 2024-2025
Repplier Park 1 1 11 38
Roosevelt Williams Small 0 0 2 1
Sylvan Park 1 1 35 34
TOTAL 4 6 63 83
Roosevelt Williams Large 2 4 14 7
Lion’s Park 0 0 1 2
Dysart Park
It is wonderful to see the community show up for the opening day for Banning Pass Little League. We are continually proud and grateful for the impact Little League continues to have on youth.
83 3
n/a - Figures not available
Community Center
# of uses
Monthly Year-to-Date
2023-2024 2024-2025 2023-2024 2024-2025
Small Meeting Room 18 21 142 129
Large Dance Room 19 17 152 137
Gymnasium 81 83 710 792
Kitchen 1 2 9 21
Parking Lot 2 1 24 18
TOTAL 121 124 1037 1098
Senior Center
# of uses
Monthly Year-to-Date
2023-2024 2024-2025 2023-2024 2024-2025
Nutrition Site 32 33 233 236
Multi-purpose Room 38 38 304 284
TOTAL 70 71 537 520
Playhouse Bowl
# of uses
Monthly Year-to-Date
2023-2024 2024-2025 2023-2024 2024-2025
Meeting Room 8 11 100 86
Amphitheater 2 4 16 10
TOTAL 10 11 115 96
Roosevelt Williams
and Armory
# of uses
Monthly Year-to-Date
2023-2024 2024-2025 2023-2024 2024-2025
Roosevelt Will. Meeting Room 1 9 19 51
TOTAL 11 19 95 112
Armory 10 10 76 61
Facility Use
It is always such a blast to have EWF to put on an epic Pro Wrestling event at our community center!
84 4
n/a - Figures not applicable min - Minimum participation not met NO - Not offered Youth Sports # of Participants # of Participants # of Teams Facility Visits Monthly Year to Date Year-to-Date Year To Date
2024-2025 2024-2025 2024-2025 2024-2025
Youth Basketball 329 329 28 5470
Youth Flag Football 98 98 8 261
Youth Soccer 0 161 11 1445
Smart Start 22 22 0 66
TOTAL 449 610 47 7242
Adult Sports # of Participants # of Participants # of Teams Facility Visits Monthly Year to Date Year-to-Date Year To Date
2024-2025 2024-2025 2024-2025 2024-2025
Adult Softball NO NO NO NO
Adult Basketball 80 80 8 480
TOTAL 80 80 80 480
Volunteers # of Volunteers Hours volunteered # of Volunteers Hours volunteered Monthly Monthly Year to Date Year To Date
2024-2025 2024-2025 2024-2025 2024-2025
Coaches 36 80 82 678
Events 0 0 20 1760
Senior Center 21 375.5 171 2687.5
TOTAL 57 455.5 273 5125.5
Our Men’s Winter Basketball League has closed out their first season ever! We look forward to having these incredible players back next season. 85 5
# of Participants # of Participants
Classes/Programs
Monthly Year to Date
2024-2025 2024-2025
Games & Puzzles 21 384
Bingo & Loteria 149 854
Health & Wellness Classes 377 1867
Crafts & Activities 143 629
Pool Table 9 223
Education Classes 85 363
Movies 48 379
Events 156 1251
Sponsored Social Programs 215 604
Presentations 50 576
TOTAL 1243 7130
# of Participants # of Participants
Services Monthly Year to Date
2024-2025 2024-2025
Fill the Cupboard 36 290
Computer Lab 62 481
Daily Meals 827 6634
Paralegal 0 3
Phone / Walk-in Referrals 186 1854
Morning Greeters 110 990
Food Vouchers / Salvation
Army/Other Services 1 8
Happiness Campaign 91 505
Boutique 102 906
Cool/Warm Center 0 48
Morongo Moravian Gifts 0 66
Total 1415 11785
At the senior center, they take St. Patrick’s Day seriously! Especially, when it comes to the arts! Don’t forget to take a look at what is at the end of that rainbow.
86 6
n/a - Figures not applicable min - Minimum participation not met NO - Not offered Classes/Programs # of Participants # of Participants Facility Visits Monthly Year to Date Year To Date
2024-2025 2024-2025 2024-2025
Adult Programs/Classes 127 1511 2398
Youth Programs/Classes 79 759 4146
Day Camp 0 316 1296
Open Gym Basketball 172 914 914
Open Gym Pickleball 68 780 780
Open Gym Volleyball 0 0 0
TOTAL 550 5254 10499
Special Needs Programs/Classes 104 965 965
Lego-Neers STEM and Social Club is the place to be on Friday nights for families! We not only explore STEM concepts together, but we have a blast while doing it.
87 7
n/a - Figures not applicable min - Minimum participation not met NO - Not offered # of Passes # of Passes
Bus Passes Purchased Monthly Year to Date
2024-2025 2024-2025
Day Pass n/a n/a
Disabled Bus Pass 0 0
General Bus Pass 0 2
Senior Bus Pass 0 0
Youth Bus Pass n/a n/a
Banning Student Bus Pass 0 0
General Ticket Book 0 27
Senior Disabled Ticket Book 0 2
Dial-A-Ride 10 ticket Pass n/a n/a
TOTAL 0 31
We have come to know and bond with our bus riders either through phone call, from when they check in on the schedule, or in person, when they come to purchase their pass. We are grateful to be of service to them and to notify them that bus rides will be free for all Banning residents.
# of Passengers # of Passengers
Ridership Numbers Monthly Year to Date
2024-2025 2024-2025
Senior/Disabled Passengers 2485 25353
General Passengers 3841 31574
Non Resident Riders 741 7641
Cabazon Zone Passengers 778 6536
Youth Passengers 78 1038
Student Passengers 807 7389
Veteran Passengers 25 337
Dial-A-Ride Passengers 341 2939
TOTAL 9196 83246
88 n/a - Figures not applicable min - Minimum participation not met NO - Not offered 8 March
Monthly Monthly Yearly
Visits Visits
2024-2025 2024-2025 2024-2025
Child Admission 0 0 3409
Adult Admission 0 0 1856
Lap Swim Adult 0 0 58
Lap Swim Senior 0 0 290
Adult Swim Lessons 0 0 8
Children's Lessons 0 0 2928
Senior Water Exercise 0 0 73
Aqua Zumba 0 0 280
Pool Rentals: 0 0 1440
Cabana Rentals 0 0 725
TOTAL 0 0 12234
Senior Admission 0 0 324
Aquatic Center Lobby Rentals: 0 0 N/A
Dive-In Movie Admission 0 0 843
Our pool season has come to an end, but we are looking forward to enjoying ourselves in the sun again next summer!
89 9
n/a - Figures not applicable min - Minimum participation not met NO - Not offered Special Events Year-to-Date
# Participants/Attendees 2024-2025
Monthly 2024-2025
Evening Concert Series 0 8000
Hispanic Heritage 0 1000
Total: 0 13864
July 4th Celebration 0 2000
Glow Party 0 180
Lego Party 0 15
Halloween Trunk or Treat 0 1400
Family Color Run 0 0
Beary Party 0 24
Santa Shoppe & Pancake Breakfast 0 304
Paint Party 0 7
Polar Express Party 0 34
Christmas at the Ranch 0 900
Next month, we will have our annual Disaster Preparedness Expo! It is not only an informative event, but a really fun one too!
90 10
March
The Outdoor Equity Program seeks to provide outdoor experiences and opportunities to the Banning community. Combining education and the outdoors, the Outdoor Equity Program allows participants to seek enriching outdoor experiences through trips like this one to the La Brea Tar Pits,
This program funded by the Outdoor Equity Grants Program, created through AB 209 and administered by California State Parks, Office of Grants and Local Services.

March
Monthly Monthly Yearly
Events/
Activities
ParticipantsParticipants
2024-2025 2024-2025 2024-2025
Community Clean Ups 0 0 70
Events 0 0 0
Programs 0 0 143
Trips 1 56 472
TOTALS 4 70 717
Teen Development 3 14 32
91 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Brandon Robinson, Electrical Engineering Supervisor Art Vela, Director of Public Works
MEETING DATE: May 13, 2025
SUBJECT: Accept an Easement from Tri Pointe Homes for Electric Utility Purposes on Accessor’s Tract Map No. 37389-3 PA 29 within the Atwell Development for the Maintenance of the City-Owned Electric Distribution System
RECOMMENDATION:

Staff recommends that City Council accept an easement from Tri Pointe Homes for electric utility purposes for Tract Map No. 37389-3 PA 29 within the Atwell development for the maintenance of the City-owned electric distribution system.

BACKGROUND:

Final Tract Map No. 37389-3 within the Atwell Development Specific Plan was approved by the City Council by Resolution No. 2022-122 on September 13, 2022. The Banning Electric Utility has constructed electrical improvements within this tract that were required to serve the housing development. As part of the Conditions of Approval for the project, the developer or owner is required to provide the City with the necessary easements for the maintenance of the City owned electric distribution system.

The facilities within the proposed easements consist of primary underground electric infrastructure required for utility service within the Atwell development.

JUSTIFICATION:

It is necessary to obtain the easement for the City to access and provide maintenance for the City-owned electric distribution equipment which may include utility poles, conduit with conductors, transformers, switchgear, equipment pads, and meters.

FISCAL IMPACT:

There is no fiscal impact associated with the acceptance of the easement.

ALTERNATIVES:

Do not accept the easement and provide alternative direction.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
92 ATTACHMENTS:

1. Easement 37389-3_PA29.pdf

2. Certificate of Acceptance - Easement for 37389-3, PA 29.docx 93 94
95 96
97 98
Recording Requested by:

City Clerk
City of Banning
P.O. Box 998
Banning, CA 92220

NO RECORDING FEE PER SECTION
6103 OF THE GOVERNMENT CODE

CERTIFICATE OF ACCEPTANCE
This is to certify that the EASEMENT – PUBLIC ELECTRIC UTILITY PURPOSES from Atwell Community Association, dated 11/12/2024, is hereby accepted by THE CITY OF BANNING pursuant to authority conferred by the City Council this 13th day of May 2025, and the grantees consent to recordation thereof by its duly authorized agent.

Dated: May 13, 2025

CITY OF BANNING
________________________________
Caroline Patton, Administrative City Clerk
99 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Carla Young, Business Support Manager
Art Vela, Director of Public Works
MEETING DATE: May 13, 2025
SUBJECT: Consideration of Resolution 2025-55, Awarding a Professional Services Agreement to Tetra Tech, Inc. for CARB Accredited Verification Services - GHG Emissions Report in the Amount of $27,500 Over Five Years RECOMMENDATION:

Adopt Resolution 2025-55.

BACKGROUND:

The City of Banning Electric Utility (BEU) is mandated to file an annual Greenhouse Gas (GHG) emissions report to the California Air Resources Board (CARB) quantifying how many metric tons of Carbon Dioxide (CO2) emissions BEU was responsible for putting on the California electric grid. This report is filed per the Regulations for Mandatory Reporting of GHG emissions in the California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 10, Article 2, Subarticle 4, Sections 95130 – 95133 (“the Regulations”).

CARB will allow utilities to utilize the same GHG verifier for a maximum of six years. In compliance with the City of Banning's Purchasing Policy B-30, BEU, with the assistance of purchasing, completed the Request for Proposal (RFP) process and received two qualified bids. In accordance with B-30, Tetra Tech was chosen to initiate a contract with a term of three years and the option to renew for two additional one-year terms.

JUSTIFICATION:

Per California State Regulations, BEU must have its annual GHG report audited by a third-party verifier who is registered with CARB. BEU must have its GHG report verified by August 12 th annually, or be
subject to penalties of up to $2,000 per day.

FISCAL IMPACT:

The GHG Accredited Verification Services will have an initial three-year term in an amount of $16,500 with up to two additional one-year terms at $5,500 annually upon satisfactory performance. The fiscal impact will be a not-to-exceed amount of $27,500 over five (5) years.

ALTERNATIVES:

Do not approved Resolution 2025-55 and provide alternate direction to staff. 100
BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-55, Tetra Tech Inc GHG.docx

2. C01154 Tetra Tech - Carb Accredited Verification Svcs.pdf 101
Resolution 2025-55

RESOLUTION 2025-55

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AN AGREEMENT WITH TETRA TECH, INC. FOR CARB ACCREDITED

VERIFICATION SERVICES
WHEREAS, the City of Banning Electric Utility (BEU) is mandated to file an annual Green House Gas emissions (GHG) report to the California Air Resources Borad (CARB) quantifying how many metric tons of CO2 emissions we are responsible for putting on the California electric grid; and
WHEREAS, CARB requires BEU to have its emissions report reviewed by a third-party verifier every year; and
WHEREAS, CARB will allow utilities to utilize the same GHG verifier for a maximum of six years; and
WHEREAS, In compliance with the City of Banning's Purchasing Policy B-30, BEU, with the assistance of purchasing, completed the RFP process and received two qualified bids; and WHEREAS, In accordance with B-30, Tetra Tech was chosen to initiate a contract with a term of three years and the option to renew for two additional one-year terms; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council approves the professional services agreement with Tetra Tech, Inc. for the GHG Accredited Verification Services for a three-year term in an amount of $16,500 and subsequent amendments to extend the Agreement for up to two additional one-year terms upon satisfactory performance, with a total not-to-exceed amount of $27,500 over five (5) years.

SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the professional services agreement*) and to execute the professional services agreement with Tetra Tech, Inc. on behalf of the City Council.

SECTION 3. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.

SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 13th day of May, 2025.

Sheri Flynn, Mayor
City of Banning
102
Resolution 2025-55

ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
103
Resolution 2025-55

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-55, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 13th day of May, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
104
Resolution 2025-55

EXHIBIT A
Agreement with Tetra Tech, Inc.
105
-1-
AGREEMENT FOR PROFESSIONAL SERVICES (C01154) FOR CARB

GHG VERIFICATION REPORTING SERVICES BY AND BETWEEN
CITY OF BANNING AND TETRA TECH, 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 Tetra Tech, Inc., a Delaware 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 a Request for a Proposal ( RFP #24-095) for the performance of the services for CARB GHG Verification Reporting Services 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 for the purpose intended. For purposes of this Agreement, the phrase “highest professional 106
-2-
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).

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, 107
-3-
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.

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. 108
-4-

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
Erica Alvarado Project Manager
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Consultant Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Consultant Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Consultant Representative. For purposes of this Agreement, the foregoing Consultant Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Consultant without the express written approval of City. It shall be Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions which must be made by City to the Contract Officer. 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. 109
-5-
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 110
-6-
Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

1.15 Debarment or Suspension.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than Sixteen Thousand Five Thousand Dollars ($16,500.00) (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.
111
-7-
City will not pay for any Services or reimburse for any expenses incurred which are not specified in the Scope of Services, unless authorized in writing as set forth in Section 1.8 of this Agreement. City shall make payment for such authorized additional Services and expenses in accordance with Article 2 of this Agreement.

2.5 Invoices.

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

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

2.6 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

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

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement may be extended because of any delays due to 112
-8-
unforeseeable causes beyond the control and without the fault or negligence of Consultant. Such unforeseeable consequences include, but are not restricted to, acts of God or public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified, subject to the provisions of Section 1.8. The Contract Officer’s determination (or the City Council’s determination, in the event the period of enforced delay exceeds the period specified in Section

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

3.4 Term.

The Term of this Agreement shall be from the Effective Date through May 31, 2027, with an option for two (2) one-year renewal options 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.
113
-9-
D. Professional Liability/Errors and Omissions Insurance with minimum limits of $1,000,000.00 per claim and in the aggregate.

4.2 Acceptability of Insurers.

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

4.3 Additional Insured.

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

4.4 Primary and Non-Contributing.

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

4.5 Consultant’s Waiver of Subrogation.

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

4.6 Deductibles and Self-Insured Retentions.

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

4.7 Cancellations or Modifications to Coverage.

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

4.8 City Remedy for Noncompliance.
114
-10-
If Consultant does not maintain the policies of insurance required under this Article in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Article, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

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

4.9 Evidence of Insurance.

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

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

4.10 Indemnity Requirements not Limiting.

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

4.11 Sub-contractor Insurance Requirements.

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

4.12 Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnification of City.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising 115
-11-
from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2. 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement.

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

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

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

D. Survival of Terms. Consultant’s indemnifications and obligations under this Article shall survive the expiration or termination of this Agreement. 116
-12-
ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION

5.1 Service Records.

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

5.2 Reports.

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

5.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Consultant Documents”) prepared by Consultant, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Consultant Documents hereunder. Any use, reuse or assignment of such completed Consultant Documents for other projects and/or use of uncompleted Consultant Documents without specific written authorization by Consultant will be at City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use or assignment. Consultant may retain copies of such Consultant Documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. All 117
-13-
sub-contractors shall provide for assignment to City of all Consultant Documents prepared by them; and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

5.4 Confidentiality and Release of Information.

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

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

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

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

ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION

6.1 California Law.

This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside. 118
-14-

6.2 Disputes; Default.

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

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

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

6.3 Retention of Funds.

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

6.4 Waiver.

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

Acceptance by City of any Services by Consultant shall not constitute a waiver of any of the 119
-15-
provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

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

6.5 Rights and Remedies are Cumulative.

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

6.6 Legal Action.

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

6.7 Termination Prior to Expiration of Term.

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

6.8 Attorneys’ Fees.

In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party in such action or proceeding, in addition to any other 120
-16-
relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorney’s fees on any appeal, and in addition the Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

7.1 Non-liability of City Officers and Employees.

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

7.2 Conflict of Interest.

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

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

Consultant and its officers, employees, associates and sub-contractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients; but Consultant and its officers, employees, associates and subcontractors shall not, without the Contract Officer’s prior written approval, perform services for another person or entity for whom Consultant is not currently performing services that would require Consultant or one of its officers, employees, associates or sub-contractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement. 121
-17-

7.3 Covenant Against Discrimination.

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

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

7.4 Unauthorized Aliens.

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

ARTICLE 8. MISCELLANEOUS PROVISIONS

8.1 Notices.

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

If to City Attn: Jim Steffens
City’s Contract Officer
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
With a courtesy copy to: John O. Pinkney, City Attorney Slovak Baron Empey Murphey & Pinkney LLP
303 N. Indian Canyon Drive
Palm Springs, CA 92262
Email: [email protected]
122
-18-
If to Consultant: Attn: Erica Alvarado
Project Manager
Tetra Tech, Inc.
249 E. Ocean Blvd., Suite 325
Long Beach, CA 90802
Email: [email protected]

8.2 Interpretation.

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

8.3 Counterparts.

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

8.4 Integration; Amendment.

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

8.5 Severability.

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

8.6 Mutual Cooperation.

A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement. 123
-19-
B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

8.7 No Third Party Beneficiaries Intended.

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

8.8 Final Payment Acceptance Constitutes Release.

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

8.9 Non-Appropriation of Funds.

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

8.10 Headings.

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

8.11 Word Usage.

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

8.12 Business Days.
124
-20-
“Business Days” refers to days that the Banning City Hall is open for business.

8.13 Corporate Authority.

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

8.14 Electronic Signatures.

Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
125
-21-
IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

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

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Administrative City Clerk
Address:

APPROVED AS TO FORM:

Slovak Baron Empey Murphey & Pinkney
LLP
City Council Approval: _____________
John O. Pinkney 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.
126
Exhibit “A”-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing CARB GHG Verification Reporting Services prepared in connection therewith:

II. As part of the Services, Consultant will prepare and deliver the following tangible work products and services to City:
127
Banning Electric Utility Page 1
SECTION 1 STATEMENT OF UNDERSTANDING AND APPROACH
In 2006, the State of California adopted the
California Global Warming Solutions Act
(Assembly Bill [AB] 32), requiring the California
Air Resources Board (ARB) to develop mechanisms
to reduce greenhouse gas (GHG) emissions to 1990
levels by 2020. These emissions must be further
reduced to 80 percent below 1990 levels by 2050.

The Mandatory Reporting Regulation (MRR) was
developed to provide information that will assist
ARB in development and implementation of
strategies to reduce GHG emissions. The MRR
requires measurement, calculation, and reporting
of GHG (generated by operations and product) by
facilities which generate greater than or equal to
10,000 metric tons (MT) of carbon dioxide
equivalent (CO2e) per year. Furthermore, GHG
emissions report verification is required if
emissions are greater than or equal to 25,000
metric tons CO2e per year. City of Banning
(Banning) reports as an Electric Power Entity (EPE) in California, which requires ARB GHG data report verification and is currently seeking an accredited verification body (VB).

City of Banning Electric Utility
Banning Electric Utility is a not-for-profit, publicly owned retail electrical energy distribution utility with 6 distribution substations and 134 miles of power lines serving nearly 13,500 citizens and business patrons.

Table 1 shows the total CO2e emissions for the 2023 reporting year (2024 calendar year).

Table 1. 2023 Emissions
Production Type ARB ID 2022 Total CO2e
Electric Power Entity 3025 0
As a provider of electricity, Banning is subject to reporting under MRR Sections:
• §95101(a)(1)(E) as an electric power entity
• §95111 as an electric power entity providing electricity

WORK PLAN
The objective of the verification services is to ensure that the reported GHG emissions are free of material misstatements and reported in a manner that conforms to the MRR. In practice, verification involves the prioritization of effort by the verifier toward the data and associated systems that have the greatest impact on overall data quality. The VB will verify Banning’s emissions to the materiality standards and level of assurance This proposal presents the Tetra Tech Team’s
expertise in performing greenhouse gas (GHG)
emissions verification of City of Banning. Our
Verification Team has worked together on
multiple similar projects and has the necessary
technical experience in providing the services
required by this request for proposal including:
✓ Knowledge of California’s Air Resources
Board Regulation for mandatory reporting
of Greenhouse Gas Emissions
✓ All sector specialties and experience with
numerous facility types ranging from
electricity and natural gas providers to
cement processing to paper production
✓ Accredited verification body with nine
experienced verifiers located throughout
the State of California
✓ Verifiers available to complete verification
effort in a timely manner
EXHIBIT "A" Exhibit A - 2
128

Banning Electric Utility Page 2
required by the ARB. Tetra Tech’s approach to verification is provided in the steps listed below, including materiality, assessment of reporting error and system risks, and level of assurance.

Materiality
Per the MRR §95102 (a) a “material misstatement” means any discrepancy, omission, misreporting, or aggregation of the three, identified during verification services that leads a verification team to believe that the total reported covered emissions (metric tons of CO2e) or total reported covered product data contains errors greater than 5 percent, as applicable, in an emissions data report. Material misstatement is calculated separately for covered emissions and covered product data, as specified in the regulation.

The materiality threshold of 5 percent means that any individual or aggregate of errors totaling more than 5 percent of the overall reported GHG emissions would result in a negative verification statement. It is important to note that misstatements are relative to the total emissions calculated per the MRR using the specified quantification methods.

A percent comparison will be assessed with the reported data to confirm the extent and impact of any omissions or errors using the formula outlined below:

Misstatements are not relative to the absolute accuracy of the emissions, recognizing that the required quantification methods involve a certain degree of inherent inaccuracy. Per the MRR §95131(b)(9), all errors, omissions, or misstatements that are identified in the selected sample must be corrected by Banning.

Assessment of Reporting Error and System Risks
A preliminary assessment of potential verification risks for material errors will be performed. The entity’s reporting system complexity will be considered in the identification of potential reporting errors and control risks.

Key risk areas to be reviewed include magnitude and complexity of each emissions report; potential incompleteness (failure to include all sources, inaccurate boundaries); potential inaccuracies (incorrect emission factors, data transfer errors, data calculation errors, required meter calibrations); potential inconsistencies with the MRR; and potential data management and control weakness (no internal audit or review process).

Level of Assurance
The level of assurance is used to determine the level of detail that the verifier includes in the verification plan to determine if there are any errors, omissions, or misrepresentations. GHG report verifications require samples of data and information to be verified to provide reasonable assurance.

The emissions data reports submitted to the ARB must be free from material misstatement, avoid bias in the selection and presentation of information, and provide a credible and balanced account of the reporting entity’s EXHIBIT "A" Exhibit A - 3
129
Banning Electric Utility Page 3
emissions data. The VB must be able to state, with a reasonable level of assurance, that the reported emissions are within 5 percent of the true CO2e emissions for the entity. The VB must also confirm that all applicable regulatory methodologies and requirements have been met in the calculation and reporting of the emissions data.

The verification team will perform a series of data reviews focused on the areas of high and medium risk, as identified in the Sampling Plan risk assessment. Principal data reviews will include:
▪ Review for completeness (includes all sources within proper boundaries, identify missing data) ▪ Review for accuracy (correct emission factors, data transcription, data calculation, data entry, required data capture rate)
▪ Review for consistency (consistent with calculations methods from prior year) ▪ Review for data management and control (internal audit and review processes, error management) ▪ Review for errors in manual data transfers
▪ Review for consistent monitoring and complete meter calibration ▪ Review for accurate activity factors using data sample (i.e., MWh, scf, or gallons of fuel) TASKS
Verification services will be provided in accordance with all applicable requirements of Subarticle 4, Sub Chapter 10, Article 2, §95130 through 95133, Title 17, CCR for the Mandatory Reporting of Greenhouse Gas Emissions.

Task 1. Conflict of Interest Submittal
Tetra Tech has conducted a case-specific COI assessment to establish that the likelihood of a COI between parties is low, as Tetra Tech has not provided services to Banning, outside of verification. This assessment will be carefully documented in ARB’s COI form, as it will be reviewed by ARB prior to the initiation of verification activities. The verification team proposes to submit COI and Notice of Verification Services (NOVS) concurrently to streamline approval by ARB and begin verification work. If, for any reason, should a MEDIUM COI be determined, the VB will also submit a Mitigation Plan concurrently with the COI/NOVS documentation.

The final determination of potential COI is subject to the ARB review and final approval.

The COI/NOVS notification will include the following:
▪ A list of the designated staff who will be members of the verification team, including the names of each designated staff member, the lead verifier, and all subcontractors, as well as a description of the roles and responsibilities each member will have during verification ▪ Documentation the verification team has the skills required to provide verification services for the reporting facilities
▪ General information on the Lead Verifier
▪ Disclosure of any potential COI
▪ The name of the operator, the facilities, and other locations subject to verification services; and operator contact information, including mailing address, telephone number, and e-mail address The verification team will begin verification services for Banning ten working days after the NOVS is received by the Executive Officer or earlier if approved by the Executive Officer in writing.

The verification team will work with the Banning lead to ensure the proper documentation is filed with the ARB in a timely manner and that the entire team is ready to commence verification services.

EXHIBIT "A" Exhibit A - 4
130
Banning Electric Utility Page 4
Task 2. Development of Verification Plans
At the beginning of the verification, the verification team will discuss, with Banning, the scope of services and request preliminary information and documents needed for initial verification services. The verification team will review the documents submitted, plan, and conduct a review of documentation provided. During this time, the verification team will discuss:
▪ Summary of EPE facility operations and GHG reporting for that year. ▪ Identification of required documents and information required for the verification including, but not limited to:
o ARB GHG Emissions Report
o The ONE Workbook
o GHG Inventory Program
o Emission spreadsheets and calculations
o Backup documentation such as fuel use, generation information, utility invoices, etc. ▪ Summary of any changes to the facilities since the previous verification ▪ Verification schedule and timelines
▪ Any other relevant information
The verification team will then develop a verification plan for the EPE that includes:
▪ Dates of proposed meetings and interviews with reporting facility personnel ▪ Types of proposed document and data reviews
▪ Expected date for completing verification services
The verification team will obtain from Banning the following information necessary to develop a risk-based verification plan:
▪ The GHG Inventory Program prepared in accordance with MRR §95105(d)(1)-(10) ▪ Information to allow the verification team to develop a general understanding of boundaries, operations, emissions sources, fuel usage records, and electricity transactions, including the GHG report and associated backup documentation, annual emission reports, and plot plans ▪ Information regarding the training or qualifications of personnel involved in developing the emissions data report
▪ Description of the specific methodologies used to quantify and report GHG emissions ▪ Information about the data management system used to track GHG emissions ▪ Any other information deemed necessary for the verification team to perform the required verification.

Task 3. Conduct Site Visit
As this is the first year of a compliance period, a site visit is required. The verification team will work with Banning staff to schedule a comprehensive site visit to review all emission sources, data sources, and to understand how emissions data are tracked and reported to ARB. During the site visit, the verification body would like to fully comprehend all processes undertaken by Banning to understand how emission data are generated and tracked, how emissions are calculated, and how they are reported to ARB. Additionally, review of raw data on site allows both the facility and the verification body the opportunity to discuss the reporting process Banning uses.

EXHIBIT "A" Exhibit A - 5
131

Banning Electric Utility Page 5
Task 4. Development of Sampling Plan
The verification team will develop a sampling plan for the that meets the following requirements:
▪ A ranking of emissions sources by amount of contribution to total CO2e for the operator and a ranking of emissions sources with the largest calculation uncertainty; and ▪ A qualitative narrative of uncertainty risk assessment in the following areas: (1) data acquisition equipment; (2) data sampling and frequency; (3) data processing and tracking; (4) emissions calculations; (5) product data; (6) data reporting; and (7) management policies or practices in developing emissions data reports.

The sampling plan is highly important as it lays out what the verification body will be reviewing and how the review will be conducted in detail. A detailed risk assessment table will identify which emissions are covered and non-covered and the types of data checks that will be conducted on both sets of data. Sample size will be determined based on project parameters outlined in the verification plan. The draft sampling plans will be provided to Banning prior to coming on site and will be updated throughout the verification process, as necessary.

Task 5. Verification of Reporting GHG emissions and Data Checks The verification team will use various methods to check the reported data and its validity to determine the reliability of the submitted emissions and product data report. The team will focus on the largest and most uncertain estimates of emissions and fuel usage and will perform the following data analysis:
▪ Ensure that appropriate methodologies and emission factors have been applied ▪ Perform data checks for emissions sources, including electricity source data based on their relative contributions to emissions and the associated risks of contributing to material misstatement or nonconformance, as identified in the sampling plan
▪ Conduct and evaluate data checks required for the team to conclude with reasonable assurance whether the total reported emissions data are free of material misstatement and the emissions data reported otherwise conforms to the ARB requirements. At a minimum, the verification team will trace data back to its origin, evaluate the process for data completion and collection, and independently calculate emissions to check original calculations, review calculation methodologies used by the reporting facility, and review meter, fuel and/or analytical data to determine relative accuracy of data and calibration
▪ Evaluate missing data and substitution procedure used to complete data sets The verification team will compare its own calculated results with the operator-reported values entered into the ARB Cal e-GGRT reporting tool in order to confirm the extent and impact of any data omissions. The comparison of data checks will include a narrative to indicate which sources were checked, the types and quantity of data evaluated for each source, the percentage of reported emissions covered by the data checks, and any separate discrepancies that were identified in emission data. Discrepancies will be documented in the form of an Issues Log and investigated.

Task 6. Submittal of Statement of Initial Findings
The verification team will keep a log of any issues identified during verification activities that may affect determinations of material misstatement and nonconformance for the EPE. The issues logs will be provided in tabular format and will clearly identify the issue number, description of issue, regulatory section related to the nonconformance, list of whether the issue is a material misstatement or nonconformance, potential impact on EXHIBIT "A" Exhibit A - 6
132
date/compliance, action required, status of the issue (open or closed), documented resolution, and any qualifying comments on findings during verification services in accordance with § 95131(c)(3).

Task 7. Discuss Initial Findings with Banning Staff and Review Changes The verification team will provide a separate issues log to the EPE. The log of issues must indicate whether each issue has a potential bearing on material misstatement and/or nonconformance. If, resulting from review by the verification team and prior to completion of the verification statements, the operator chooses to make improvements or corrections to the submitted emissions data report, a revised emissions data report may be submitted to the ARB. The verification team will incorporate any revisions made to the initial emissions data report. After any report modifications are made, the verification team will review the emissions reports again and conduct additional data checks.

Task 8. Prepare Detailed Verification Report and Statement Prior to the completion of the verification report and statements, Tetra Tech will have the verification findings independently reviewed by a lead verifier in the VB not involved in services for that specific facility during that year, as required per §95131(c)(2).

The verification team will complete and submit formal emissions data statements for the EPE and provide the verification statement to both Banning and ARB. The verification team will respond to any follow-up questions from ARB with respect to the verification. The final verification reports will be prepared incorporating comments/suggestions from the review of the draft verification reports before submittal. Per the regulation, the verification reports shall be submitted to Banning staff prior to or on the verification deadline.

Task 9. Perform Additional As-Needed Tasks
Tetra Tech verification services will comply with all applicable requirements of Subarticle 4, Sub Chapter 10, Article 2, §95130 through 95133, Title 17, CCR for the Mandatory Reporting of Greenhouse Gas Emissions, including §Section 95131. All verifiers attend ARB trainings and webinars to stay apprised of all MRR amendments. The VB will adhere to any such changes that may occur in verification services as implemented by the updated MRR. The VB will also work to convey any such amendments to Banning.

ESTIMATED SCHEDULE
Tetra Tech understands the third-party verification services for emissions must be submitted to the ARB by August 11, 2025 (the 10th falls on a Sunday) and guarantees to meet this deadline while allowing Banning staff adequate time to address and rectify any issues that may come up during the verification process.

The preliminary verification schedule with a list of activities and approximate date of completion is shown below:

EXHIBIT "A" Exhibit A - 7
133
Exhibit “A”-8
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. 134
Exhibit “B”-1
EXHIBIT “B”

SPECIAL REQUIREMENTS

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works,” Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
135
Exhibit “B”-2

8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations.

Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. The Consultant shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Consultant and Subcontractors shall not be debarred or suspended throughout the duration of this Agreement pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Consultant or any subcontractor becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day’s work.

Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Date______________ Signature___________________________ 136
Exhibit “B”-3

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including, without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.
137
Exhibit “C”-1
EXHIBIT “C”

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

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

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

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

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

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

D. Line items for all approved sub-contractor labor, supplies, equipment, materials, and travel properly charged to the Services. 138
Exhibit “C-1”-1
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
139
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.

II. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.
140
Exhibit “D
”-2
141
Exhibit “D
”-3
142

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Jim Steffens, Power Resources Manager
Art Vela, Director of Public Works
MEETING DATE: May 13, 2025
SUBJECT: Consideration of Resolution 2025-56, Approving the Renewal Letter Agreement Between the City of Banning and the City of Riverside Renewing the Utility Services Agreement for Fiscal Years 2026 and 2027 at the Current Monthly Rate of $47,074
RECOMMENDATION:

Adopt Resolution 2025-56.

BACKGROUND:

The City of Banning's ("City") Electric Utility ("Utility") has a long history of utilizing the City of Riverside ("Riverside") to schedule and dispatch the Utility’s energy into the various California Independent System Operator ("CAISO") markets, purchase energy from the CAISO wholesale markets when necessary, perform all energy and transmission settlement services, and perform all energy and transmission bill paying services. The larger municipal utilities such as Riverside have the size and economies of scale to invest in the control rooms, equipment, software, and staff necessary to perform these services 24 hours a day, 7 days a week. It is not economically practical for smaller utility's such as the City to make these large investments and to retain staff on a 24/7 basis, so smaller utilities typically procure these services from larger municipal utilities.

Riverside has performed power scheduling and dispatching services for Banning since July 1990. On August 14, 2001, the City Council adopted Resolution 2001-85 which approved Riverside to perform these services for the Utility under a Utility Services Agreement ("USA"). The timing of the USA was partially motivated by the formation of the CAISO in 1998. Over time, the formation of the CAISO required differing and much more sophisticated equipment, software, and procedures than was previously required.

The USA has been renewed at two-year periods, with the rates examined by both Riverside and Banning at these two-year intervals. The rates have remained steady at $47,074 per month since 2016. The USA is currently up for renewal for Fiscal Years 2026 and 2027 at the current rate of $47,074 per month. The revised USA is attached herein as Exhibit "B" and the Renewal Letter Agreement for Fiscal Years 2026 and 2027 is attached herein as Exhibit "A".

JUSTIFICATION:

The Electric Utility operation in the CAISO market requires a 24 hour / 7 day control center and staffing for day-ahead market, 15 minute market, and real-time market Scheduling & Dispatching and power purchasing purposes. Therefore it is essential that the Utility obtain these services, along with the related services such as power and transmission settlement services and wholesale market bill paying services, 143
from a power agency capable of handling these ancillary services on behalf of the Utility. Riverside has been performing these services for the Utility for over forty years.

Staff believes that the current monthly rate of $47,074 per month with Riverside for a full service USA for Fiscal Years 2026 and 2027 is fair and reasonable. Riverside already has the extensive knowledge and procedures in place to provide these services for the Utility in a consistent and efficient manner that will continue to financially benefit the Utility and keep it in regulatory compliance.

FISCAL IMPACT:

The two-year renewal does not include any rate increase, so the Utility would continue to pay $47,074 per month for the services provided under the USA. This rate has not been increased since 2016. These costs are budgeted in account 670-7010-473.27-09, Scheduling and Dispatching Expenses.

ALTERNATIVES:

Do not adopt Resolution 2025-56 and provide staff with additional direction.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-56, Utility Services Agreement.docx

2. Riverside Utility Services Agreement Renewal Letter FYs 2026 and 2027.pdf

3. USA_Executed.pdf
144
Resolution 2025-56

RESOLUTION 2025-56

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

APPROVING THE RENEWAL LETTER AGREEMENT BETWEEN THE CITY OF BANNING

AND THE CITY OF RIVERSIDE, CALIFORNIA RENEWING THE UTILITY SERVICES AGREEMENT FOR FISCAL YEARS 2026 AND 2027 AT THE CURRENT MONTHLY RATE OF $47,074
WHEREAS, the City of Banning (“City”) owns and operates its own Municipal Electric Utility (“Utility”); and
WHEREAS, due to the Utility’s small size, it is impractical for the Utility to have its own energy scheduling, dispatching and purchasing control rooms with the sophisticated and expensive equipment, software and staff necessary to schedule, dispatch, and purchase energy into/from the California Independent System Operator’s (“CAISO”) grid 24 hours a day, 7 days a week; and
WHEREAS, on August 14, 2001 the City Council passed Resolution 2001-85 approving the Utility Services Agreement (“USA”) between the City and the City of Riverside (“Riverside”), which also owns and operates its own municipal electric utility; and WHEREAS, per the USA, attached herein as Exhibit “B”, Riverside utilizes its facilities, control rooms, equipment, software and staff to schedule and dispatch the Utility’s energy into the various CAISO markets, purchase energy from the various CAISO wholesale markets when necessary, perform all energy and transmission settlement services, and perform all energy and transmission bill paying services; and
WHEREAS, per the Renewal Letter Agreement, attached herein as Exhibit “A”, the USA is currently up for renewal for Fiscal Years 2026 and 2027, at the current monthly rate of $47,074.

The USA monthly rate has been held steady at $47,074 since 2016; and WHEREAS, the Utility desires to renew the USA for Fiscal Years 2026 and 2027, as these services are vital to the operations of the Utility.

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

SECTION 1. The City Council approves the Renewal Letter Agreement with Riverside for the renewal of the USA for Fiscal Years 2026 and 2027 at the current monthly rate of $47,074.

SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the Renewal Letter Agreement and to execute the Renewal Letter Agreement with Riverside on behalf of the City Council.

SECTION 3. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.

SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 145
Resolution 2025-56

PASSED, APPROVED AND ADOPTED this 13th day of May, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney, LLP
146
Resolution 2025-56

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-56, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 13th day of May, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
147
Resolution 2025-56

EXHIBIT A
Renewal Letter Agreement
148
Resolution 2025-56

EXHIBIT B
Utility Services Agreement
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela, Director of Public Works
MEETING DATE: May 13, 2025
SUBJECT: Consideration of Resolution 2025-57, Accepting Various Right of Way Dedications, Easements, and Quitclaims of Existing City Easements Related to the Improvement of Wilson Street at Smith Creek, Within the Atwell Specific Plan
RECOMMENDATION:

Adopt Resolution 2025-57
BACKGROUND:

Wilson Street is adopted as a Major or Arterial Highway in the Circulation Element within the General Plan between Highland Springs Avenue and Highland Home Road. The Atwell project, as part of the Butterfield Specific Plan and Tentative Map 37389 has property frontage along this segment of Wilson Street. A Condition of Approval (COA) for Tentative Map 37388 includes COA #77 that requires that Wilson Street be widened to the ultimate cross section of 4-lanes with a median along the map boundary connecting to existing improvements to the east as shown on the Tentative Map exhibits. This improvement includes widening the roadway over the existing Smith Creek culvert crossing.

For the particular widening over Smith Creek, it was necessary for Tri-Pointe Homes (TPH) to acquire and confer easements from property owners both north and south of Wilson Street in order to construct the improvements to the ultimate cross section in the Circulation Element and Specific Plan. TPH entered into negotiations with the private property owners in order to acquire the necessary rights of way and easements. These owners are the Peacock Valley Homeowners Association (PV HOA) for property south of Wilson Street, and The Southern California District Council of the Assemblies of God and Living World Assembly of Chino (collectively, Church) for properties north of Wilson Street. A total of 7 actions are necessary based on the requirements in the COA's as a result of the negotiations. Each of these items are described below.

Action 1: Accept Easement for Public Street and Utility Easement Purposes (Right of Way) from PV HOA This action would grant to the City 0.005 Acres for Public Street and Utility Purposes south of the existing dedication for Wilson Street from the PV HOA. This easement is necessary for the construction of the eastbound roadway and parkway improvements as shown on the Circulation Element in the General Plan.

Action 2: Accept Easement for Public Drainage, Storm Drain, and Maintenance Purposes from PV HOA This action is related to the roadway widening of Wilson Street. It is necessary for TPH to extend the 191
existing drainage culvert at Smith Creek and under Wilson Street to ensure the continued conveyance of storm water flows. With the extension of the culvert, the technical studies identified appurtenant improvements to the existing channel south of Wilson Street to protect against erosion. As such, this easement will confer to the City of Banning 0.55 acres over land that will continue to be owned by the Peacock Valley Homeowners Association. The City of Banning will be responsible for the continued maintenance of the channel improvements, that is contiguous to portions of the existing channel that are currently owned and maintained by the City of Banning. This is beneficial as it allows for the City of Banning to maintain the channel in full to ensure that proper maintenance is provided.

Action 3: Accept Easement for Public Street and Utility Easement Purposes (Right of Way) from the Church
This action would grant to the City of Banning 0.048 Acres of land for Public Street and Utility Purposes north of the existing dedication for Wilson Street from the Church. This easement is necessary for the construction of the westbound roadway and parkway improvements as shown on the Circulation Element in the General Plan.

As part of the negotiation with the Church, additional actions are necessary. TPH and the Church agreed to the following items.

Various improvements to church property, including grading of sloped areas to create more usable space.

Completion of a Lot Line Adjustment to move open space land from TPH to the Church, and to simultaneously transfer Church property in the Smith Creek drainage course to TPH. This action has been partially completed with the recordation of the Lot Line Adjustment, but Council action on Items 5 and 6 are necessary to complete this. The deed will not be perfected until items 5 and 6 are acted upon by City Council.

Action 4: Accept Storm Drain Easement from Church
This action is related to the roadway widening of Wilson Street. It is necessary for TPH to extend the existing drainage culvert at Smith Creek and under Wilson Street to ensure the continued conveyance of storm water flows. The culvert is extended north from the existing endpoint to align with the Smith Creek Channel being constructed by the Atwell project through the Church property to meet the open channel.

As such, this easement will confer to the City of Banning 0.067 acres over land that will continue to be owned by the Church. The City of Banning will be responsible for the continued maintenance of the culvert.

Action 5: Quitclaim A Portion of Public Storm Drain, Drainage, and Maintenance Easement to the Church This action would quitclaim a portion of a non-exclusive blanket easement for Public Storm Drain, Drainage, and Maintenance Purposes that was recorded with Final Map 37389-6 Lot H, that was subsequently adjusted with the Lot Line Adjustment between Tri-Pointe Homes and the Church per an agreement between the parties. To complete the perfection of the deed with the Church, the Church has requested that the blanket easement be quitclaimed for the portions that are now within their ownership.

The portion of non-exclusive easement to be quitclaimed provides no benefit to the City of Banning across the Church property, and would not cause any harm to the City to quitclaim the portion of the nonexclusive easement.

Action 6: Quitclaim A Portion of Sidewalk and/or Trail Easement to the Church This action would quitclaim a portion of a non-exclusive blanket easement for Sidewalk and/or Trail Purposes that was recorded with Final Map 37389-6 Lot H, that was subsequently adjusted with the Lot Line Adjustment between Tri-Pointe Homes and the Church per an agreement between the parties. To complete the perfection of the deed with the Church, the Church has requested that the blanket 192
easement be quitclaimed for the portions that are now within their ownership. The portion of nonexclusive easement to be quitclaimed provides no benefit to the City of Banning across the church property, and would not cause any harm to the City of Banning to quitclaim the portion of the nonexclusive easement.

Action 7: Accept Easement for Public Drainage, Storm Drain, and Maintenance Purposes from TPH This action would accept a easement for Public Drainage, Storm Drain, and Maintenance Purposes from TPH Homes for the portion of Smith Creek north of Wilson Street. The portion of Smith Creek that is an open channel would be maintained by the Atwell Homeowners Association. The portion of Smith Creek in the culvert and appurtenant structures would be maintained by the City of Banning, as it is standard practice for the City to maintain drainage structures. As such, this easement would convey 0.048 acres to the City for maintenance rights.

JUSTIFICATION:

City Council action on all of the 6 items considered with this resolution are necessary in order for TriPointe Homes to comply with COA's for TM 39389, and for the construction of Wilson Street to the ultimate cross section within the Circulation Element of the City's General Plan.

FISCAL IMPACT:

None
ALTERNATIVES:

Do not approve Resolution 2025-57. If the necessary easements and rights of way are not conferred to the City of Banning, it will not be possible to construct Wilson Street to the ultimate 4-lane roadway section across Smith Creek, and the roadway will remain at 2-lanes.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2025-57, Accept Atwell Easements Deeds.docx

2. Resolution 2025-57 Exhibit A - PV HOA ST-UTL ESMT.pdf

3. Resolution 2025-57 Exhibit B - PV HOA SD ESMT.pdf

4. Resolution 2025-57 Exhibit C - Church ST-UTL ESMT.pdf

5. Resolution 2025-57 Exhibit D - Church SD ESMT.pdf

6. Resolution 2025-57 Exhibit E - QC SD ESMT to Church.pdf

7. Resolution 2025-57 Exhibit F - QC TRAIL ESMT to Church.pdf

8. Resolution 2025-57 Exhibit G - TPH SD ESMT.pdf

9. Att 1 - Wilson Street and Smith Creek Area Exhibit.pdf 193
Resolution 2025-57

RESOLUTION 2025-57

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

ACCEPTING VARIOS RIGHT OF WAY DEDICATIONS, EASEMENTS, AND QUITCLAIMS OF

EXISTING CITY EASEMENTS RELATED TO THE IMPROVEMENT OF WILSON STREET AT

SMITH CREEK, WITHIN THE ATWELL SPECIFIC PLAN
WHEREAS, Wilson Street (between Highland Springs Ave and Highland Home Rd) is adopted as a Major or Arterial Highway in the Circulation Element of the General Plan; and WHEREAS, The Butterfield Specific Plan (Atwell Project) and subsequent Tentative Tract Map 37388 includes Condition of Approval requiring the full improvement of Wilson Street at Smith Creek to the ultimate cross section; and
WHEREAS, Tri-Pointe Homes negotiated with the Peacock Valley Homeowners Association to acquire the Public Street and Utility Easement necessary for the improvements of the roadway, and a Public Drainage, Storm Drain, and Maintenance Easement necessary for the extension of drainage devices under Wilson Street for Smith Creek; and WHEREAS, Tri-Pointe Homes negotiated with the Southern California District Council of the Assemblies of God and Living World Assembly of Chino to acquire the Public Street and Utility Easement necessary for the improvements of the roadway, and a Public Drainage, Storm Drain, and Maintenance Easement necessary for the extension of drainage devices under Wilson Street for Smith Creek. In consideration for these easements, Tri-Pointe prepared a Lot Line Adjustment from their recorded Final Map 37389-6 to transfer Tri-Pointe held land to the church, and this Lot Line Adjustments necessitates for portions of a Public Storm Drain, Drainage, and Maintenance Easement and portion of a Sidewalk and/or Trail Easement to be quitclaimed by the City of Banning to the Southern California District Council of the Assemblies of God and Living World Assembly of Chino; and
WHEREAS, Tri-Pointe Homes is offering a Public Drainage, Storm Drain, and Maintenance Easement for portions of former Southern California District Council of the Assemblies of God and Living World Assembly of Chino property that was transferred to TriPointe Homes in a separate Lot Line Adjustment to match dedications made by Tri-Pointe Homes to the City of Banning on Final Map 37389-6.

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

SECTION 1. The City Council accepts an Easement for Public Street and Utility Purposes from the Peacock Valley Homeowners Association and authorizes the City Clerk to Sign and Record the easement documents with the County of Riverside.

SECTION 2. The City Council accepts an Easement for Public Drainage, Storm Drain, and Maintenance Purposes from the Peacock Valley Homeowners Association and authorizes the City Clerk to Sign and Record the easement documents with the County of Riverside.

SECTION 3. The City Council accepts an Easement for Public Street and Utility Purposes from the Southern California District Council of the Assemblies of God and Living World Assembly of Chino and authorizes the City Clerk to Sign and Record the easement documents with the County of Riverside.
194
Resolution 2025-57

SECTION 4. The City Council accepts an Easement for Public Drainage, Storm Drain, and Maintenance Purposes from the Southern California District Council of the Assemblies of God and Living World Assembly of Chino and authorizes the City Clerk to Sign and Record the easement documents with the County of Riverside.

SECTION 5. The City Council quitclaims a portion of Public Storm Drain, Drainage, and Maintenance Easement to the Southern California District Council of the Assemblies of God and Living World Assembly of Chino and authorizes the City Clerk to Sign and Record the easement documents with the County of Riverside.

SECTION 6. The City Council quitclaims a portion of Sidewalk and/or Trail Easement to the Southern California District Council of the Assemblies of God and Living World Assembly of Chino and authorizes the City Clerk to Sign and Record the easement documents with the County of Riverside.

SECTION 7. The City Council accepts an Easement for Public Drainage, Storm Drain, and Maintenance Purposes from Tri-Pointe Homes and authorizes the City Clerk to Sign and Record the easement documents with the County of Riverside.

SECTION 8. 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 13th day of May, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney, LLP
195
Resolution 2025-57

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-57, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 13th day of May, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
196
Resolution 2025-57

EXHIBIT A
Easement – Public Street and Utilities Purposes
419-060-012
197
Resolution 2025-57

EXHIBIT B
Easement – Public Drainage, Storm Drain and Maintenance Purposes 419-060-012
198
Resolution 2025-57

EXHIBIT C
Easement – Public Street and Utilities Purposes
408-570-031
199
Resolution 2025-57

EXHIBIT D
Easement – Public Storm Drain Purposes
408-570-031
200
Resolution 2025-57

EXHIBIT E
Quitclaim Deed
408-570-055
201
Resolution 2025-57

EXHIBIT F
Quitclaim Deed
408-570-055
202
Resolution 2025-57

EXHIBIT G
Easement – Public Drainage, Storm Drain and Maintenance Purposes 408-570-056
203
204
205
206
207
208
209
210
211
212
213
214
215
When Recorded Mail To:

City Clerk
City of Banning
P.O. Box 998
Banning, CA 92220
NO RECORDING FEE PER SECTION SPACE FOR RECORDER’S USE
6103 OF THE GOVERNMENT CODE.

CERTIFICATE OF ACCEPTANCE
This is to certify that the EASEMENT FOR PUBLIC STREET AND UTILITIES PURPOSES from The Southern California District Council of the Assemblies of God, a California Nonprofit Corporation, and the Living Word Assembly of Chino, a California Nonprofit Corporation, dated 4/28/2025, is hereby accepted by THE CITY OF BANNING pursuant to authority conferred by the City Council this 13th day of May, 2025, and the grantees consent to recordation thereof by its duly authorized agent.

Dated:______________

CITY OF BANNING
By_________________________
Vickie Sellers, City Clerk
216
217
218
219
220
221
222
When Recorded Mail To:

City Clerk
City of Banning
P.O. Box 998
Banning, CA 92220
NO RECORDING FEE PER SECTION SPACE FOR RECORDER’S USE
6103 OF THE GOVERNMENT CODE.

CERTIFICATE OF ACCEPTANCE
This is to certify that the EASEMENT FOR PUBLIC STORM DRAIN PURPOSES from The Southern California District Council of the Assemblies of God, a California Nonprofit Corporation, and the Living Word Assembly of Chino, a California Nonprofit Corporation, dated 4/28/2025, is hereby accepted by THE CITY OF BANNING pursuant to authority conferred by the City Council this 13th day of May, 2025, and the grantees consent to recordation thereof by its duly authorized agent.

Dated:______________

CITY OF BANNING
By_________________________
Vickie Sellers, City Clerk
223
224
225
226
227
228
229
Recording Requested by:

City of Banning
P.O. Box 998
Banning, CA 92220
NO RECORDING FEE PER SECTION 6103 OF

THE GOVERNMENT CODE

SPACE ABOVE THIS LINE FOR RECORDERS USE
APN: 408-570-055
DOCUMENTARY TRANSFER TAX $..........................................

Computed on the consideration or value of property conveyed: OR Computed on the consideration or value less liens or encumbrances remaining at time of sale
_____________________________________________________
Signature of Declarant or Agent determining tax - Firm Name

QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF BANNING, a public body corporate and politic (“Grantee”), does hereby remise, release and forever quitclaim to THE SOUTHERN CALIFORNIA DISTRICT COUNCIL OF THE ASSEMBLIES OF GOD, a California nonprofit corporation, and LIVING WORD ASSEMBLY OF CHINO, a California nonprofit corporation (collectively, Grantee) an non-exclusive easement for storm drain, drainage, and maintenance purposes, on the real property located in the City of Banning, County of Riverside, State of California, and described in Exhibit A, Legal Description and Exhibit B, Plat attached hereto and a made a part hereof (the “Property”).

Dated: _____________________
Sheri Flynn, Mayor
City of Banning
APPROVED AS TO FORM:

Vickie Sellers, City Clerk
City of Banning
John Pinkney, City Attorney
SBEMP
230
State of California
County of Riverside
On ___________________ (date), before me, Sandra Calderon, Notary Public, personally appeared ____________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
State of California
County of Riverside
On ___________________ (date), before me, Sandra Calderon, Notary Public, personally appeared __________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
}
}
231

EXHIBIT “A”

QUITCLAIM FOR STORM DRAIN, DRAINAGE AND MAINTENANCE EASEMENT CITY OF BANNING PROJECT ID NO. RW 24-0025

LEGAL DESCRIPTION
BEING A PORTION OF PARCEL ‘A’ OF LOT LINE ADJUSTMENT NO. 24-0150, IN THE CITY OF BANNING, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED APRIL 15, 2025, AS INSTRUMENT NO. 2025-0112189, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTERLINE INTERSECTION OF WILSON STREET, HAVING A HALF WIDTH OF 65.00 FEET, AND APEX STREET, HAVING A HALF WIDTH OF 58.00 FEET, AS SHOWN PER TRACT NO. 37389-1, AS FILED IN MAP BOOK 485, PAGES 68 THROUGH 75, INCLUSIVE, RECORDS OF SAID COUNTY;
THENCE ALONG CENTERLINE OF SAID WILSON STREET SOUTH 88°31’11” EAST 771.89 FEET; THENCE PERPENDICULAR TO SAID CENTERLINE OF WILSON STREET NORTH 1°28’49” EAST 40.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL ‘A’;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL ‘A’ THE FOLLOWING SIX (6) COURSES:

1. NORTH 45°51’11” WEST 87.56;

2. NORTH 22°24’11” EAST 9.23 FEET;

3. NORTH 10°29’08” WEST 11.38 FEET;

4. NORTH 43°22’27” WEST 67.16 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 230.00 FEET;

5. NORTHWESTERLY ALONG SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 17°22’42”, AN ARC LENGTH OF 69.76 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL ‘A’;

6. NORTH 34°05’11” WEST 63.84 FEET TO THE NORTHWEST CORNER OF SAID PARCEL ‘A’ AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID PARCEL ‘A’ NORTH 1°28’49” EAST

4.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL ‘A’;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL ‘A’ THE FOLLOWING TWO (2) COURSES:

1. SOUTH 88°31’11” EAST 16.96 FEET;

2. NORTH 54°39’09” EAST 11.01 FEET;
THENCE LEAVING SAID NORTERLY LINE SOUTH 1°28’49” WEST 10.60 FEET; THENCE NORTH 88°31’11” WEST 25.77 FEET TO THE TRUE POINT OF BEGINNING. 232

EXHIBIT “A”

QUITCLAIM FOR STORM DRAIN, DRAINAGE AND MAINTENANCE EASEMENT CITY OF BANNING PROJECT ID NO. RW 24-0025

LEGAL DESCRIPTION
SAID QUITCLAIM FOR STORM DRAIN, DRAINAGE & MAINTENANCE EASEMENT CONTAINS 132 SQUARE FEET, MORE OR LESS.

AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF.

PREPARED UNDER THE SUPERVISION OF:
_________________________________________
DARYL J. CHRISTIAN, PLS 8554 DATE
RECOMMENDED FOR ACCEPTANCE BY:
_________________________________________
ROBERT C. OLLERTON, PLS, DATE
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.
233
S 88°31'11" E 771.89'
N 34°05'11" W 63.84'

WILSON STREET
N 45°51'11" W 87.56'
N 1°28'49" E

40.00'
Δ=17°22'42"
R=230.00'
L=69.76' N 43°22'27" W 67.16' N 10°29'08" W
N 22°24'11" E 11.38'

9.23'

LINE TABLE
LINE #
L1

BEARING
N 1°28'49" E

DISTANCE

4.00' L1
S 88°31'11" E 16.96'
N 54°39'09" E 11.01' S 1°28'49" W 10.60' APEX STREET N 1°28'49" E

P L A N N E R S E N G I N E E R S S U R V E Y O R S
(949) 251-8821
5 PETERS CANYON ROAD
SUITE 305
IRVINE, CA 92606
WWW.MDSCONSULTING.NET
L.L.A. No. 24-0150

INDICATES NON-EXCLUSIVE EASEMENT
LEGEND:

DETAIL 'A'
NTS

PARCEL 'A'
10'
N 34°05'11" W 63.84'
C
CL
L
P.O.C.

INST. No. 2025-0112189
REC. 4/15/2025
L.L.A. No. 24-0150

PARCEL 'A'
INST. No. 2025-0112189
REC. 4/15/2025
L.L.A. No. 24-0150

PARCEL 'B'
INST. No. 2025-0112189
REC. 4/15/2025
N 88°31'11" W 25.77'

FOR STORM DRAIN, DRAINAGE AND

MAINTENANCE TO THE CITY OF BANNING
PER TRACT NO. 37389-1, MB 485/68-75,

TO BE QUITCLAIMED
DARYL J. CHRISTIA
N
LS 8554

ST A T E OF CA L IFORNIA

PROFESSIONAL LAND SURVEYOR
T.P.O.B.

T.P.O.B.
(132 SF)

LOT LINE

PARCEL 'B'
L.L.A. No. 24-0150

PARCEL 'B'
INST. No. 2025-0112189
REC. 4/15/2025
N 29°14'51" E (RAD)

STORM DRAIN, DRAINAGE & MAINTENANCE EASEMENT QUITCLAIM
CITY OF BANNING PROJECT ID NO. RW24-0025
234
Recording Requested by:

City of Banning
P.O. Box 998
Banning, CA 92220
NO RECORDING FEE PER SECTION 6103 OF

THE GOVERNMENT CODE

SPACE ABOVE THIS LINE FOR RECORDERS USE
APN: 408-570-055
DOCUMENTARY TRANSFER TAX $..........................................

Computed on the consideration or value of property conveyed: OR Computed on the consideration or value less liens or encumbrances remaining at time of sale
_____________________________________________________
Signature of Declarant or Agent determining tax - Firm Name

QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF BANNING, a public body corporate and politic (“Grantee”), does hereby remise, release and forever quitclaim to THE SOUTHERN CALIFORNIA DISTRICT COUNCIL OF THE ASSEMBLIES OF GOD, a California nonprofit corporation, and LIVING WORD ASSEMBLY OF CHINO, a California nonprofit corporation (collectively, Grantee) an non-exclusive easement for sidewalk and/or trail purposes, on the real property located in the City of Banning, County of Riverside, State of California, and described in Exhibit A, Legal Description and Exhibit B, Plat attached hereto and a made a part hereof (the “Property”).

Dated: _____________________
Sheri Flynn, Mayor
City of Banning
APPROVED AS TO FORM:

Vickie Sellers, City Clerk
City of Banning
John Pinkney, City Attorney
SBEMP
235
State of California
County of Riverside
On ___________________ (date), before me, Sandra Calderon, Notary Public, personally appeared ____________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
State of California
County of Riverside
On ___________________ (date), before me, Sandra Calderon, Notary Public, personally appeared __________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
}
}
236

EXHIBIT “A”

QUITCLAIM FOR SIDEWALK AND/OR TRAIL EASEMENT
CITY OF BANNING PROJECT ID NO. RW 24-0026

LEGAL DESCRIPTION
BEING A PORTION OF PARCEL ‘A’ OF LOT LINE ADJUSTMENT NO. 24-0150, IN THE CITY OF BANNING, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED APRIL 15, 2025, AS INSTRUMENT NO. 2025-0112189, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTERLINE INTERSECTION OF WILSON STREET, HAVING A HALF WIDTH OF 65.00 FEET, AND APEX STREET, HAVING A HALF WIDTH OF 58.00 FEET, AS SHOWN PER TRACT NO. 37389-1, AS FILED IN MAP BOOK 485, PAGES 68 THROUGH 75, INCLUSIVE, RECORDS OF SAID COUNTY;
THENCE ALONG CENTERLINE OF SAID WILSON STREET SOUTH 88°31’11” EAST 771.89 FEET; THENCE PERPENDICULAR TO SAID CENTERLINE OF WILSON STREET NORTH 1°28’49” EAST 40.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL ‘A’;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL ‘A’ THE FOLLOWING SIX (6) COURSES:

1. NORTH 45°51’11” WEST 87.56;

2. NORTH 22°24’11” EAST 9.23 FEET;

3. NORTH 10°29’08” WEST 11.38 FEET;

4. NORTH 43°22’27” WEST 67.16 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 230.00 FEET;

5. NORTHWESTERLY ALONG SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 17°22’42”, AN ARC LENGTH OF 69.76 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL ‘A’;

6. NORTH 34°05’11” WEST 63.84 FEET TO THE NORTHWEST CORNER OF SAID PARCEL ‘A’ AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID PARCEL ‘A’ NORTH 1°28’49” EAST

4.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL ‘A’;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL ‘A’ THE FOLLOWING TWO (2) COURSES:

1. SOUTH 88°31’11” EAST 16.96 FEET;

2. NORTH 54°39’09” EAST 11.01 FEET;
THENCE LEAVING SAID NORTERLY LINE SOUTH 1°28’49” WEST 10.60 FEET; THENCE NORTH 88°31’11” WEST 25.77 FEET TO THE TRUE POINT OF BEGINNING. 237

EXHIBIT “A”

QUITCLAIM FOR SIDEWALK AND/OR TRAIL EASEMENT
CITY OF BANNING PROJECT ID NO. RW 24-0026

LEGAL DESCRIPTION
SAID QUITCLAIM FOR SIDEWALK AND/OR TRAIL EASEMENT CONTAINS 132 SQUARE FEET, MORE OR LESS.

AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF.

PREPARED UNDER THE SUPERVISION OF:
_________________________________________
DARYL J. CHRISTIAN, PLS 8554 DATE
RECOMMENDED FOR ACCEPTANCE BY:
_________________________________________
ROBERT C. OLLERTON, PLS, DATE
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.
238
N 43°22'27" W 67.16'
S 88°31'11" E 771.89'
N 34°05'11" W 63.84'

WILSON STREET
N 45°51'11" W 87.56'
N 1°28'49" E

40.00'
Δ=17°22'42"
R=230.00'
L=69.76'
N 10°29'08" W
N 22°24'11" E 11.38'

9.23'

LINE TABLE
LINE #
L1

BEARING
N 1°28'49" E

DISTANCE

4.00' L1
S 88°31'11" E 16.96'
N 54°39'09" E 11.01' S 1°28'49" W 10.60' APEX STREET N 1°28'49" E

P L A N N E R S E N G I N E E R S S U R V E Y O R S
(949) 251-8821
5 PETERS CANYON ROAD
SUITE 305
IRVINE, CA 92606 WWW.MDSCONSULTING.NET
L.L.A. No. 24-0150

INDICATES NON-EXCLUSIVE EASEMENT
LEGEND:

DETAIL 'A'
NTS

PARCEL 'A'
10'
N 34°05'11" W 63.84'
C
CL
L
P.O.C.

INST. No. 2025-0112189
REC. 4/15/2025 L.L.A. No. 24-0150

PARCEL 'B'
INST. No. 2025-0112189
REC. 4/15/2025
L.L.A. No. 24-0150

PARCEL 'A'
INST. No. 2025-0112189
REC. 4/15/2025
L.L.A. No. 24-0150

PARCEL 'B'
INST. No. 2025-0112189
REC. 4/15/2025
N 88°31'11" W 25.77'

FOR SIDEWALK AND/OR TRAIL

PURPOSES TO THE CITY OF BANNING
PER TRACT NO. 37389-1, MB 485/68-75,

TO BE QUITCLAIMED
DA
RY L J . C HRIS T IA N
LS 8554

S T A T E O F C A L I F O R N I A

PROFESSIONAL LAND SURVEYOR
T.P.O.B.

T.P.O.B.
(132 SF)

LOT LINE

PARCEL 'B'
N 29°14'51" E (RAD)

SIDEWALK AND/OR TRAIL EASEMENT QUITCLAIM
CITY OF BANNING PROJECT ID NO. RW24-0026
239
When Recorded Mail To:

City Clerk
City of Banning
P.O. Box 998
Banning, CA 92220
NO RECORDING FEE PER SECTION SPACE FOR RECORDER’S USE
6103 OF THE GOVERNMENT CODE.

CERTIFICATE OF ACCEPTANCE
This is to certify that the EASEMENT FOR PUBLIC DRAINAGE, STORM DRAIN, AND MAINTENANCE PURPOSES from the Tri Pointe Homes IE-SD, Inc., dated 4/24/2025, is hereby accepted by THE CITY OF BANNING pursuant to authority conferred by the City Council this 13th day of May, 2025, and the grantees consent to recordation thereof by its duly authorized agent.

Dated:______________

CITY OF BANNING
By_________________________
Vickie Sellers, City Clerk
240
241
242
243
244
245

WILSON STREET

SMITH CREEK
REC. 4/15/2025
INST. NO. 2025-0112189 O.R.

L.L.A. NO. 24-0150

PARCEL 'A'

CHURCH LOT

PARCEL 'B'
REC. 4/15/2025
INST. NO. 2025-0112189 O.R.

L.L.A. NO. 24-0150
ATWELL PA19
LEGEND:

TRI POINTE HOMES, PROPOSED PUBLIC

DRAINAGE, STORM DRAIN &

MAINTENANCE EASEMENT

CHURCH, PROPOSED PUBLIC STORM

DRAIN & MAINTENANCE EASEMENT

PEACOCK VALLEY HOA, PROPOSED

PUBLIC DRAINAGE, STORM DRAIN &

MAINTENANCE EASEMENT

CHURCH, PROPOSED PUBLIC STREET &

UTILITY EASEMENT

PEACOCK VALLEY HOA, PROPOSED

PUBLIC STREET & UTILITY EASEMENT

CITY, PUBLIC DRAINAGE, STORM DRAIN
& MAINTENANCE EASEMENT

QUITCLAIM

CITY, PUBLIC SIDEWALK/TRAIL

EASEMENT QUITCLAIM

PORTION OF LOT 'A'
M.B. 101/ 96-100
TR. NO. 12428

PEACOCK VALLEY
MDS File: 89448 37389-1 EXH-EASE.dwg
Plot Scale: 1" = 1" Dwg Scale: 1' = 20'
Plot Date: 04.28.2025 4:27:23 PM By: station178

CITY OF BANNING

AT SMITH CREEK
APRIL 28, 2025

WILSON STREET WIDENING
ACTION #7
ACTION #4
ACTION #2
ACTION #3
ACTION #1
ACTION #5
ACTION #6
246

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela, Director of Public Works
MEETING DATE: May 13, 2025
SUBJECT: Consideration of Resolution 2025-58, Approving the Street Name Changes Within Tract 33540 (KB Homes - Vista Robles)
RECOMMENDATION:

Adopt Resolution 2025-58.

BACKGROUND:

The Final Map for Tract 33540 was authorized by City Council for recordation with Resolution 2023-193, and was subsequently recorded with the County of Riverside on December 21st, 2023 as Map Book 493 Pages 92 through 110.

After the map recordation and while addresses were being assigned, the Riverside County Sherriff's Department and the United States Postal Service requested 2 street name changes, as similar street names and similar sounding street names exist within the City and region. As such, KB Home submitted alternative street names that were reviewed by City Staff as well as the Sherriff's Department and the Postal Service. The changes are identified below:

CHANGE Coyote Drive to Flicker Drive
CHANGE Deer Lane to Doe Lane
With acceptance of this resolution, the Public Works Department will process a Certificate of Correction on the recorded Final Map, and the Community Development Department will issue new addresses. At the time of publishing this staff report, there are no residents that have closed purchases on either of these streets. As residents do move into the neighborhood, all services will be established with the new street names.

JUSTIFICATION:

This change in street names is required to comply with public safety policies from the Riverside County Sherriff's Department, as well as addressing policy from the United States Postal Service.

Moving forward, the Community Development Department will verify street names on future final maps with these agencies prior to map recordation. Incidental cases may arise as maps from various jurisdictions within the County may record with the County ahead of maps that the City of Banning processes, leading to duplicate names is disparate jurisdictions in limited instances. 247
FISCAL IMPACT:

None
ALTERNATIVES:

Do not approve Resolution 2025-58 and provide alternate direction to staff.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2025-58, KB Homes Street Names.docx

2. Resolution 2025-58 Exhibit A - Street Name Changes.pdf

3. Att 1 - Recorded TR33540 Final Map MB493 092-110.pdf 248
Resolution 2025-58