Agenda packet, regular meeting — Banning City Council, June 24, 2025 (part 2 of 3)

Following receipt of all required information, the DWR Project Manager will provide you with a draft agreement and work with you to finalize and execute the agreement.

Your timely attention to these requirements is critical to execute the Grant Agreement; failure to do so may result in DWR revoking the grant award. Please submit the required information in the time periods specified to the DWR Project Manager Pakiza Chatha at [email protected].

Please contact Desiree Ramirez at [email protected] or (916) 902-6952 for any questions regarding the required materials.

Again, congratulations to your IRWM Region on this well-deserved grant award. Our team appreciates the time and effort you contributed to this grant solicitation process.

We look forward to working with you to complete these IRWM projects to build water resilience in your communities.

Sincerely,
Carmel Kinsella Brown, P.E.

Manager, Financial Assistance Branch
Division of Regional Assistance
Attachment 1 – Sample DocuSign Language
Attachment 2– Authorizing Resolution Example
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AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES (C00782) FOR GRANT APPLICATION PREPARATION SERVICES FOR THE PROPOSITION 1 ROUND 2 INTEGRATED REGIONAL WATER MANAGEMENT GRANT

PROGRAM BY AND BETWEEN CITY OF BANNING AND WOODARD &

CURRAN, INCORPORATED

1. PARTIES AND DATE
THIS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT (“Amendment No. 1”) by and between the CITY OF BANNING (“City”) and WOODARD & CURRAN, INCORPORATED, a Maine corporation (“Consultant”) is effective this day of: _______________.

2. RECITALS

2.1 City and Consultant entered into an agreement dated February 23, 2023 for the purpose of providing Grant Writing and Grant Management services (“Master Agreement”) following Request for Proposals and approved by City Council Resolution No. 2022-110.

2.2 City and Consultant now desire to amend the Master Agreement to exercise the option to extend the term of the Master Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the Master Agreement, the Parties mutually agree follows:

3. INCORPORATION OF RECITALS

3.1 The recitals listed above are true and correct and are hereby incorporated herein by this reference.

4. AMENDMENT TERMS

4.1 The compensation for services performed pursuant to this Master Agreement and Amendment No. 1 is a zero change thereby shall remain unchanged for a total not to exceed amount of Seventy-Four Thousand One Hundred Thirty-Six Dollars ($74,136.00).

4.2 The term of the Master Agreement shall be extended through September 30, 2026, unless terminated earlier as provided in the Master Agreement.

4.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Master Agreement shall remain unchanged and in full force and effect.

DocuSign Envelope ID: CF9FD82B-2825-49C2-9C05-BE687B8A1CCE 9/19/2023
240 521

4.4 The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

4.5 The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other Agreement to which said party is bound.

4.6 This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.

4.7 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]
DocuSign Envelope ID: CF9FD82B-2825-49C2-9C05-BE687B8A1CCE 241 522
IN WITNESS WHEREOF the Parties hereto have executed this Amendment No. 1 to the Master Agreement the day and year first hereinabove written.

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

City Council Approval: _______________ NAME: Date
TITLE:

ATTEST:

Caroline Patton Date
Deputy City Clerk
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 THE CONSULTANT’S BUSINESS ENTITY.

DocuSign Envelope ID: CF9FD82B-2825-49C2-9C05-BE687B8A1CCE Sally Johnson
Project Manager
9/19/2023 9/18/2023
9/19/2023
Reso 2022-110
242 523
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 243 462

GRANT AGREEMENT BETWEEN THE STATE OF CALIFORNIA
(DEPARTMENT OF WATER RESOURCES) AND

CITY OF BANNING
AGREEMENT NUMBER 4600015401
PROPOSITION 1 ROUND 2 INTEGRATED REGIONAL WATER MANAGEMENT (IRWM)

IMPLEMENTATION GRANT
THIS GRANT AGREEMENT is entered into by and between the Department of Water Resources of the State of California, herein referred to as the "State" or “DWR,” and the City of Banning, a public agency in the State of California, duly organized, existing, and acting pursuant to the laws thereof, herein referred to as the "Grantee," which parties do hereby agree as follows:
1) PURPOSE. The State shall provide funding from the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1) to the Grantee to assist in financing the projects, which are included in and implemented in an adopted Integrated Regional Water Management Plan (IRWM Plan), pursuant to Chapter 7. Regional Water Security, Climate, and Drought Preparedness (Wat. Code, § 79740 et seq.). The provision of State funds pursuant to this Agreement shall be construed or interpreted to mean that the IRWM Plan, or any components of the IRWM Plan, implemented in accordance with the Work Plan as set forth in Exhibit A, has been adopted through the IRWM Plan Review Process, and is/are consistent with Water Code section 10530 et seq.
2) TERM OF GRANT AGREEMENT. The term of this Grant Agreement begins on May 6, 2023, through final payment plus three (3) years unless otherwise terminated or amended as provided in this Grant Agreement. However, all work shall be completed by December 31, 2025, in accordance with the Schedule as set forth in Exhibit C and no funds may be requested after March 31, 2026. 3) GRANT AMOUNT. The maximum amount payable by the State under this Grant Agreement shall not exceed $1,912,755.
4) GRANTEE COST SHARE. Not applicable to this Agreement. 5) BASIC CONDITIONS. The State shall have no obligation to disburse money for the Project(s) under this Grant Agreement until the Grantee has satisfied the following conditions (if applicable):

A. The Grantee shall demonstrate compliance with all eligibility criteria as set forth on pages 9-11, inclusive, of the 2022 IRWM Grant Program Guidelines (2022 Guidelines).

B. For the term of this Agreement, the Grantee shall submit Quarterly Progress Reports which must accompany an invoice ($0 Invoices are acceptable) and all invoice backup documentation. The Quarterly Progress Report shall be submitted within 60 days following the end of the calendar quarter (i.e., reports due May 30, August 29, November 29, and March 1) and all other deliverables as required by Paragraph 14, “Submission of Reports” and Exhibit A, “Work Plan”.

C. Prior to the commencement of construction or implementation activities, if applicable, the Grantee shall submit the following to the State.
i. Final plans and specifications certified, signed and stamped by a California Registered Civil Engineer (or equivalent registered professional as appropriate) to certify compliance for each approved project as listed in Exhibit A of this Grant Agreement. ii. Work that is subject to the California Environmental Quality Act (CEQA) (including final land purchases) shall not proceed under this Grant Agreement until the following actions are performed:
a) The Grantee submits to the State all applicable permits, as indicated on the Environmental Information Form to the State,
b) All documents that satisfy the CEQA process are received by the State, DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 244 463
Grant Agreement No. 4600015401

Page 2 of 52 ends

c) The State has completed its CEQA process as a Responsible Agency, and d) The Grantee receives written notification from the State of concurrence with the Lead Agency’s CEQA documents (s) and State’s notice of verification of permit submittal.

The State’s concurrence of Lead Agency’s CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for which it is required. Once CEQA documentation has been completed, the State will consider the environmental documents and decide whether to continue to fund the project, or to require changes, alterations, or other mitigation. Proceeding with work subject to CEQA prior to the State’s concurrence shall constitute a material breach of this Agreement. The Grantee or Local Project Sponsor (LPS) shall also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including Environmental Impact Statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/ implementation. iii. A monitoring plan as required by Paragraph 16, “Monitoring Plan Requirements,” if applicable. 6) DISBURSEMENT OF FUNDS. The State will disburse to the Grantee the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Grant Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations, or which may require any rebates to the federal government, or any loss of tax-free status on state bonds, pursuant to any federal statute or regulation.

Any and all money disbursed to the Grantee under this Grant Agreement shall be deposited in a noninterest-bearing account and shall be used solely to pay Eligible Project Costs. 7) ELIGIBLE PROJECT COST. The Grantee shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B, “Budget”. Eligible Project Costs include the reasonable costs of studies, engineering, design, land and easement acquisition and associated legal fees, preparation of environmental documentation, environmental mitigations, monitoring, and project construction. Reimbursable administrative expenses are the necessary costs incidental but directly related to the Project included in this Agreement. Costs incurred after the May 5, 2023, may be eligible for reimbursement.

Costs that are not eligible for reimbursement include, but are not limited to, the following items:

A. Costs, other than those noted above, incurred prior to the award date of this Grant.

B. Costs for preparing and filing a grant application.

C. Operation and maintenance costs, including post construction performance and monitoring costs.

D. Purchase of equipment that is not an integral part of a project.

E. Establishing a reserve fund.

F. Purchase of water supply.

G. Replacement of existing funding sources (e.g., bridge loans).

H. Meals, food items, or refreshments.

I. Payment of any punitive regulatory agency requirement, federal or state taxes.

J. Purchase of land in excess of the minimum required acreage necessary to operate as an integral part of a project, as set forth and detailed by engineering and feasibility studies, or acquisition of land by eminent domain.

K. Indirect Costs. “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the funded project (i.e., costs DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 245 464
Grant Agreement No. 4600015401

Page 3 of 52 ends

that are not directly related to the funded project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Grantee or LPSs; non-project-specific accounting and personnel services performed within the Grantee’s or LPS’ organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-projectspecific facilities; tuition and conference fees; forums, trainings, and seminars; and, generic overhead or markup. This prohibition applies to the Grantee, LPSs, and any subcontract or sub-agreement for work on the Project that will be reimbursed pursuant to this Agreement.

L. Mitigation for environmental impacts not resulting from implementation of the Project funded by this program.

M. Costs incurred as part of any necessary response and cleanup activities required under the Comprehensive Environmental Response, Compensation, and Liability Act; Resource Conservation and Recovery Act; Hazardous Substances Account Act; or other applicable law. 8) METHOD OF PAYMENT. After the disbursement requirements in Paragraph 5, “Basic Conditions” are met, the State will disburse the whole or portions of State funding to the Grantee, following receipt from the Grantee of an electronic invoice certified and transmitted via electronic/digital signature system (e.g., DocuSign) or via US mail or Express mail delivery of a “wet signature” for costs incurred, including Local Cost Share, and timely Quarterly Progress Reports as required by Paragraph 14, “Submission of Reports.” Payment will be made no more frequently than quarterly, in arrears, upon receipt of an invoice bearing the Grant Agreement number. Quarterly Progress Report must accompany an invoice ($0 Invoices are acceptable) and shall be submitted within 60 days following the end of the calendar quarter (i.e. invoices due May 30, August 29, November 29, and March 1). The State will notify the Grantee, in a timely manner, whenever, upon review of an invoice, the State determines that any portion or portions of the costs claimed are not eligible costs or is not supported by documentation or receipts acceptable to the State. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to the State to cure such deficiency(ies). If the Grantee fails to submit adequate documentation curing the deficiency(ies), the State will adjust the pending invoice by the amount of ineligible or unapproved costs.

Invoices submitted by the Grantee shall include the following information:

A. Costs incurred for work performed in implementing the Project during the period identified in the particular invoice.

B. Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for a project during the period identified in the particular invoice for the implementation of a project.

C. Invoices shall be submitted on forms provided by the State and shall meet the following format requirements:
i. Invoices shall contain the date of the invoice, either the time period covered by the invoice or the invoice date received within the time period covered, and the total amount due. ii. Invoices shall be itemized based on the categories (i.e., tasks) specified in Exhibit B, “Budget.” The amount claimed for salaries/wages/consultant fees shall include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed). iii. One set of sufficient evidence (i.e., receipts, copies of checks, personnel hours’ summary table, time sheets) shall be provided for all costs included in the invoice. iv. Each invoice shall clearly delineate those costs claimed for reimbursement from the State’s funding amount, as depicted in Paragraph 3, “Grant Amount” and those costs that represent the Grantee’s costs, as applicable, in Paragraph 4, “Grantee Cost Share.” DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 246 465
Grant Agreement No. 4600015401

Page 4 of 52 ends

v. Original signature and date of the Grantee’s Project Representative. Submit an electronic invoice, certified and transmitted via electronic/digital signature system (e.g., DocuSign), from authorized representative to the Project Manager or the original “wet signature” copy of the invoice form to the Project Manager at the following address: P.O. Box 942836 Sacramento, CA 94236.

All invoices submitted shall be accurate and signed under penalty of law. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., cost share). Any eligible costs for which the Grantee is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder plus interest. Additionally, the State may request an audit pursuant to Standard Condition D.5 and refer the matter to the Attorney General’s Office or the appropriate district attorney’s office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572-1573; Pen. Code, §§ 470, 487-489.)
9) ADVANCED PAYMENT. Water Code section 10551 authorizes advanced payment by the State for projects included and implemented in an applicable Integrated Regional Water Management Plan, and when the project proponent is a nonprofit organization; a disadvantaged community (DAC); or the project benefits a DAC. If a project is awarded less than $1,000,000 in grant funds, the project proponent may receive an advanced payment of fifty (50) percent of the grant award; the remaining fifty (50) percent of the grant award will be reimbursed in arrears after the advanced funds of a budget category have been fully expended. Within ninety (90) calendar days of execution of the Grant Agreement, the Grantee may provide the State an Advanced Payment Request. Advanced Payment Requests received ninety-one (91) calendar days after the execution of this Agreement will not be eligible to receive an advanced payment.

The Advanced Payment Request shall contain the following:

A. Documentation demonstrating that each Local Project Sponsor (if different from the Grantee, as listed in Exhibit I) was notified about their eligibility to receive an advanced payment and a response from the Local Project Sponsor stating whether it wishes to receive the advanced payment or not.

B. If the Grantee is requesting the advanced payment, the request(s) shall include:
i. Descriptive information of each project with an update on project status. ii. The names of the entities that will receive the funding for each project, including, but not limited to, an identification as to whether the project proponent or proponents are nonprofit organizations or a DAC, or whether the project benefits a DAC.
iii. A detailed Funding Plan which includes how the advanced payment will be expended (in terms of workplan, budget, and schedule) within the timeframe agreed upon by DWR and the Grantee. The Funding Plan must clearly identify the total budget (at Budget Category Level) for each project clearly showing the portion of advanced payment and reimbursement funds. iv. Any other information that DWR may deem necessary.

C. Upon review and approval of the Advanced Payment Request, DWR will authorize payment of the fully requested amount for the qualified project(s). Based on the project’s Funding Plan and other considerations, DWR may determine it is not prudent to advance the full request in a single disbursement. In such a case, DWR will develop a “Disbursement Schedule,” to disburse funds in installments. This Disbursement Schedule may change based on the project’s ongoing compliance with the Advanced Payment requirements and the project’s cash flow needs.

D. Once DWR authorizes the Advanced Payment Request, the Grantee shall submit Advanced Payment Invoice(s) for the initial amount based on the “Disbursement Schedule” on behalf of the LPS(s), DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 247 466
Grant Agreement No. 4600015401

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containing the request for each qualified project, to the State with signature and date of the Grantee’s Project Representative, as indicated in Paragraph 21, “Project Representative.” The Grantee shall be responsible for the timely distribution of the advanced funds to the respective LPS(s). The Advanced Payment Invoice(s) shall be submitted on forms provided by the State and shall meet the following format requirements:
i. Invoice shall contain the date of the invoice, the time period covered by the invoice, and the total amount due.
ii. Invoice shall be itemized based on the budget categories specified in Exhibit B, “Budget.” iii. The State Project Manager will notify the Grantee, in a timely manner, when, upon review of an Advance Payment Invoice, the State determines that any portion or portions of the costs claimed are not eligible costs. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). iv. On a quarterly basis, the Grantee will submit an Accountability Report to the State that demonstrates how actual expenditures compare with the scheduled budget. The Accountability Report shall include the following information:

1. An itemization of how advanced funds have been spent to-date (Expenditure Report), including documentation that supports the disbursements (e.g., contractor invoices, receipts, personnel hours, etc.). Accountability Reports shall be itemized based on the budget categories (i.e., tasks) specified in Exhibit B.

2. An updated Accountability Report including an updated Funding Plan that depicts how the remaining advanced funds will be expended and the activities and deliverables associated with the advanced funds within the timeframe agreed upon by DWR and the Grantee when the advanced payment request was approved.

3. Documentation that the funds were placed in a non-interest bearing account, including the dates of deposits and withdrawals from that account.

4. Proof of distribution of advanced funds to LPS(s), if applicable. v. The State’s Project Manager will notify the Grantee, in a timely manner, when, upon review of the Accountability Report, the State determines that any portion of the expenditures claimed are not eligible costs. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). If costs are not consistent with the tasks in Exhibit A, the State will reject the claim and remove them from the Accountability Report.

E. Once the Grantee has spent all advanced funds in a budget category, then the method of payment will revert to the reimbursement process for that budget category specified in Paragraph 8, “Method of Payment for Reimbursement.”
10) REPAYMENT OF ADVANCES. The State may demand repayment from the Grantee of all or any portion of the advanced State funding along with interest at the California general obligation bond interest rate at the time the State notifies the Grantee, as directed by the State, and take any other action that it deems necessary to protect its interests for the following conditions:

A. A project is not being implemented in accordance with the provisions of the Grant Agreement.

B. The Grantee has failed in any other respect to comply with the provisions of this Grant Agreement, and if the Grantee does not remedy any such failure to the State’s satisfaction.

C. Failure by the Grantee to submit complete and accurate quarterly Accountability Reports by the required due dates, unless otherwise approved by DWR.

D. Failure to deposit funds in a non-interest-bearing account.

DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 248 467
Grant Agreement No. 4600015401

Page 6 of 52 ends

E. Use of Advance Payment funds for ineligible expenses and/or activities not consistent with this Agreement.

F. Inappropriate use of funds, as deemed by DWR.

G. Repayment amounts may also include:
i. Actual costs incurred which are not consistent with the activities presented in Exhibit A, not supported, or are ineligible.
ii. Advanced funds which are not fully expended by project completion, notwithstanding Water Code section 10551(c)(4). Unused grant funds shall be returned to DWR within sixty (60) calendar days.

Any repayment of advanced funds may consist of reducing the amount from future reimbursement invoices. The State may consider the Grantee’s refusal to repay the requested advanced amount a material breach of this Agreement subject to the default provisions in Paragraph 12, “Default Provisions.” If the State notifies the Grantee of its decision to demand repayment or withhold the entire funding amount from the Grantee pursuant to this Paragraph, this Grant Agreement shall terminate upon receipt of such notice by the Grantee and the State shall no longer be required to provide funds under this Agreement. 11) WITHHOLDING OF DISBURSEMENTS BY THE STATE. If the State determines that a project is not being implemented in accordance with the provisions of this Grant Agreement, or that the Grantee has failed in any other respect to comply with the provisions of this Grant Agreement, and if the Grantee does not remedy any such failure to the State’s satisfaction, the State may withhold from the Grantee all or any portion of the State funding and take any other action that it deems necessary to protect its interests.

Where a portion of the State funding has been disbursed to the Grantee and the State notifies the Grantee of its decision not to release funds that have been withheld pursuant to Paragraph 12, “Default Provisions,” the portion that has been disbursed shall thereafter be repaid immediately with interest at the California general obligation bond interest rate at the time the State notifies the Grantee, as directed by the State. The State may consider the Grantee’s refusal to repay the requested disbursed amount a material breach subject to the default provisions in Paragraph 12, “Default Provisions.” If the State notifies the Grantee of its decision to withhold the entire funding amount from the Grantee pursuant to this Paragraph, this Grant Agreement shall terminate upon receipt of such notice by the Grantee and the State shall no longer be required to provide funds under this Grant Agreement and the Grant Agreement shall no longer be binding on either party.
12) DEFAULT PROVISIONS. The Grantee shall be in default under this Grant Agreement if any of the following occur:

A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other Agreement between the Grantee and the State evidencing or securing the Grantee’s obligations.

B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement.

C. Failure to operate or maintain the Project in accordance with this Grant Agreement.

D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Standard Condition D.5.

E. Failure to submit quarterly progress reports pursuant to Paragraph 5.

F. Failure to routinely invoice the State pursuant to Paragraph 8.

G. Failure to meet any of the requirements set forth in Paragraph 13, “Continuing Eligibility.” Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via firstclass mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following:

DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 249 468
Grant Agreement No. 4600015401

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A. Declare the funding be immediately repaid, with interest, which shall be equal to State of California general obligation bond interest rate in effect at the time of the default.

B. Terminate any obligation to make future payments to the Grantee.

C. Terminate the Grant Agreement.

D. Take any other action that it deems necessary to protect its interests.

In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.
13) CONTINUING ELIGIBILITY. The Grantee shall meet the following ongoing requirement(s) and all eligibility criteria outlined in the 2022 Guidelines to remain eligible to receive State funds:

A. An urban water supplier that receives grant funds pursuant to this Agreement shall maintain compliance with the Urban Water Management Planning Act (UWMP; Wat. Code, § 10610 et seq.) and Sustainable Water Use and Demand Reduction (Wat. Code, § 10608 et seq.) as set forth on page 11 of the 2022 Guidelines and as stated on page 24 of the 2022 IRWM Implementation Grant Proposal Solicitation Package.

B. An agricultural water supplier receiving grant funds shall comply with Sustainable Water Use and Demand Reduction requirements outlined in Water Code section 10608, et seq. and have their Agricultural Water Management Plan (AWMP) deemed consistent by DWR. To maintain eligibility and continue funding disbursements, an agricultural water supply shall have their 2015 AWMP identified on the State’s website. For more information, visit the website listed in Appendix A in the 2022 Guidelines.

C. A surface water diverter receiving grant funds shall maintain compliance with diversion reporting requirements as outlined in Water Code section 5100 et. seq.

D. If applicable, the Grantee shall demonstrate compliance with the Sustainable Groundwater Management Act (SGMA) set forth on page 10 of the 2022 Guidelines.

E. If the Grantee has been designated as a monitoring entity under the California Statewide Groundwater Elevation Monitoring (CASGEM) Program, the Grantee shall maintain reporting compliance, as required by Water Code section 10932 and the CASGEM Program.

F. The Grantee shall adhere to the protocols developed pursuant to The Open and Transparent Water Data Act (Wat. Code, § 12406, et seq.) for data sharing, transparency, documentation, and quality control.

G. On March 4, 2022, the Governor issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. The EO may be found at:
https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under State law. The EO directs DWR to terminate funding agreements with, and to refrain from entering any new agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine that the Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
14) SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Grant Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 250 469
Grant Agreement No. 4600015401

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submittal to the State. All reports shall be submitted to the State’s Project Manager and shall be submitted via the DWR “Grant Review and Tracking System” (GRanTS). I f requested, the Grantee shall promptly provide any additional information deemed necessary by the State for the approval of reports.

Reports shall be presented in the formats described in the applicable portion of Exhibit F, “Report Formats and Requirements.” The timely submittal of reports is a requirement for initial and continued disbursement of State funds. Submittal and subsequent approval by the State of a Project Completion Report is a requirement for the release of any funds retained for such project.

A. Quarterly Progress Reports: The Grantee shall submit quarterly Progress Reports to meet the State’s requirement for disbursement of funds. Progress Reports shall be uploaded via GRanTS, and the State’s Project Manager notified of upload. Progress Reports shall, in part, provide a brief description of the work performed, the Grantee’s activities, milestones achieved, any accomplishments and any problems encountered in the performance of the work under this Grant Agreement during the reporting period. The first Progress Report must accompany an invoice ($0 Invoices are acceptable) and shall be submitted within 60 days following the end of the calendar quarter (i.e., invoices due May 30, August 29, November 29, and March 1).

B. Accountability Report: The Grantee shall prepare and submit to the State an Accountability Report on a quarterly basis if the Grantee received an advanced payment, consistent with the provisions in Paragraph 9, “Advanced Payment.”
C. Project Completion Report: The Grantee shall prepare and submit to the State a separate Project Completion Report for each project included in Exhibit A. The Grantee shall submit a Project Completion Report (or a Component Completion Report, if a Project has multiple Components) within ninety (90) calendar days of Project/Component completion as outlined in Exhibit F.

D. Grant Completion Report: Upon completion of all the Projects included in Exhibit A, the Grantee shall submit to the State a Grant Completion Report. The Grant Completion Report shall be submitted within ninety (90) calendar days of submitting the Completion Report for the final project to be completed under this Grant Agreement, as outlined in Exhibits A, and F. Retention for any grant administration line items in the Budget of this Grant Agreement will not be disbursed until the Grant Completion Report is approved by the State.

E. Post-Performance Reports: The Grantee shall prepare and submit to the State Post-Performance Reports for the applicable project(s). Post-Performance Reports shall be submitted to the State within ninety (90) calendar days after the first operational year of a project has elapsed. This record keeping and reporting process shall be repeated annually for a total of three (3) years after the project begins operation.
15) OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation projects and in consideration of the funding made by the State, the Grantee agrees to ensure or cause to be performed the commencement and continued operation of the project, and shall ensure or cause the project to be operated in an efficient and economical manner; shall ensure all repairs, renewals, and replacements necessary to the efficient operation of the same are provided; and shall ensure or cause the same to be maintained in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted. The State shall not be liable for any cost of such maintenance, management, or operation. The Grantee or their successors may, with the written approval of the State, transfer this responsibility to use, manage, and maintain the property. For purposes of this Grant Agreement, “useful life” means period during which an asset, property, or activity is expected to be usable for the purpose it was acquired or implemented; “operation costs” include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses, and “maintenance costs” include ordinary repairs and replacements of a recurring nature necessary for capital assets and basic structures and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. Refusal by the Grantee to ensure operation and maintenance of the projects in accordance with this provision may, at the option of the State, be considered a breach of this Grant Agreement and may be treated as default under Paragraph 12, “Default Provisions.” DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 251 470
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16) MONITORING PLAN REQUIREMENTS. A Monitoring Plan shall be submitted to the State prior to disbursement of State funds for construction or monitoring activities. The Monitoring Plan should incorporate Post-Performance Monitoring Report requirements as defined and listed in Exhibit F, and follow the guidance provided in Exhibit L, “Project Monitoring Plan Guidance.” 17) STATEWIDE MONITORING REQUIREMENTS. The Grantee shall ensure that all groundwater projects and projects that include groundwater monitoring requirements are consistent with the Groundwater Quality Monitoring Act of 2001 (Water Code § 10780 et seq.) and, where applicable, that projects that affect water quality shall include a monitoring component that allows the integration of data into statewide monitoring efforts, including where applicable, the Surface Water Ambient Monitoring Program carried out by the State Water Resources Control Board. See Exhibit G for web links and information regarding other State monitoring and data reporting requirements.
18) NOTIFICATION OF STATE. The Grantee shall promptly notify the State, in writing, of the following items:

A. Events or proposed changes that could affect the scope, budget, or work performed under this Grant Agreement. The Grantee agrees that no substantial change in the scope of a project will be undertaken until written notice of the proposed change has been provided to the State and the State has given written approval for such change. Substantial changes generally include changes to the scope of work, schedule or term, and budget.

B. Any public or media event publicizing the accomplishments and/or results of this Grant Agreement and provide the opportunity for attendance and participation by the State’s representatives. The Grantee shall make such notification at least fourteen (14) calendar days prior to the event.

C. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Grantee agrees that all work in the area of the find shall cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the State has determined what actions should be taken to protect and preserve the resource. The Grantee agrees to implement appropriate actions as directed by the State.

D. The initiation of any litigation or the threat of litigation against the Grantee or an LPS regarding the Project or which may affect the Project in any way.

E. Applicable to construction projects only: Final inspection of the completed work on a project by a Registered Professional (Civil Engineer, Engineering Geologist, or other State approved certified/licensed Professional), in accordance with Exhibit D. The Grantee shall notify the State’s Project Manager of the inspection date at least fourteen (14) calendar days prior to the inspection in order to provide the State the opportunity to participate in the inspection. 19) NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Grant Agreement shall be in writing. Notices may be transmitted by any of the following means:

A. By delivery in person.

B. By certified U.S. mail, return receipt requested, postage prepaid.

C. By “overnight” delivery service; provided that next-business-day delivery is requested by the sender.

D. By electronic means.

E. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the date deposited with the U.S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent electronically will be effective on the date of transmission, which is documented in writing. Notices DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 252 471
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shall be sent to the addresses listed below. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below. 20) PERFORMANCE EVALUATION. Upon completion of this Grant Agreement, the Grantee’s performance will be evaluated by the State and a copy of the evaluation will be placed in the State file and a copy sent to the Grantee.
21) PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant Agreement are as follows:

Department of Water Resources City of Banning
Arthur Hinojosa
Manager, Division of Regional Assistance
P.O. Box 942836
Sacramento, CA 94236
Phone: (916) 902-6713
Email: [email protected]
Doug Schulze
City Manager
99 E. Ramsey Street
Banning, CA 92220
Phone: (951) 922-4860
Email: [email protected]
Direct all inquiries to the Project Manager:

Department of Water Resources City of Banning
Pakiza Chatha
Engineer, Water Resources
707 Fairmont Avenue, Suite 200
Glendale, CA 91203
Phone: (818) 621-7257
Email: [email protected]
Arturo Vela
Director of Public Works
99 E. Ramsey Street
Banning, CA 92220
Phone: (951) 922-3130
Email: [email protected]
Either party may change its Project Representative or Project Manager upon written notice to the other party.
22) STANDARD PROVISIONS. This Grant Agreement is complete and is the final Agreement between the parties. The following Exhibits are attached and made a part of this Grant Agreement by this reference:

Exhibit A – Work Plan
Exhibit B – Budget
Exhibit C – Schedule
Exhibit D – Standard Conditions
Exhibit E – Authorizing Resolution
Exhibit F – Report Formats and Requirements
Exhibit G – Requirements for Data Submittal
Exhibit H – State Audit Document Requirements and Cost Share Guidelines for the Grantee Exhibit I – Local Project Sponsors and Project Locations Exhibit J – Appraisal Specifications
Exhibit K – Information Needed for Escrow Processing and Closure DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 253 472
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Exhibit L – Project Monitoring Plan Guidance
Exhibit M – Invoice Guidance for Administrative and Overhead Charges IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement.

STATE OF CALIFORNIA

DEPARTMENT OF WATER RESOURCES

CITY OF BANNING
Arthur Hinojosa
Manager, Division of Regional Assistance Doug Schulze
City Manager
Date Date
Approved as to Legal Form and Sufficiency
Robin Brewer
Assistant General Counsel,
Office of the General Counsel
Date___________________________
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 10/31/2023
For
10/31/2023
10/31/2023
254 473
Grant Agreement No. 4600015401

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EXHIBIT A

WORK PLAN
PROPOSITION 1 ROUND 2 SAN GORGONIO IRWM IMPLEMENTATION GRANT Grant Administration
IMPLEMENTING AGENCY: City of Banning (Grantee)
PROJECT DESCRIPTION: The Grantee will administer these funds and respond to DWR’s reporting and compliance requirements associated with the grant administration. This Grantee will act in a coordination role: disseminating grant compliance information to the project managers responsible for implementing the projects contained in this agreement, obtaining and retaining evidence of compliance (e.g., CEQA/NEPA documents, reports, monitoring compliance documents, labor requirements, etc.), obtaining data for progress reports from individual project managers, assembling and submitting progress reports to the State, and coordinating all invoicing and payment of invoices.

Budget Category (a): Project Administration
Task 1: Agreement Administration
The Grantee will respond to DWR’s reporting and compliance requirements associated with the grant administration and will coordinate with the project managers responsible for implementing the projects contained in this agreement.

Task 2: Invoicing
The Grantee will be responsible for compiling invoices for submittal to DWR. This includes collecting invoice documentation from each of the Local Project Sponsors and compiling the information into a DWR Invoice Packet.

Deliverables:
• Quarterly Invoices and associated backup documentation Task 3: Reporting
The Grantee will be responsible for compiling progress reports for submittal to DWR. The Grantee will coordinate with Local Project Sponsor staff to retain consultants as needed to prepare and submit progress reports and final project completion reports for each project, as well as the grant completion report.

Reports will meet generally accepted professional standards for technical reporting and the requirements terms of the contract with DWR outlined in Exhibit F of this Agreement.

Deliverables:
• Quarterly Progress Reports
• Grant Completion Report
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 255 474
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PROJECT 1: Twin Pines Water Supply Reliability and Fire Protection Upgrades IMPLEMENTING AGENCY: High Valleys Water District
PROJECT DESCRIPTION: The project will replace and upsize approximately 4,800 linear feet of failing water main and install approximately 10 new fire hydrants within the rural community of Twin Pines, California. The project will provide a reliable water supply of 3.8 acre-feet per year (AFY) and will improve flows to meet fire code, bringing the 12 households in this community within a preferred threshold for fire protection.

Budget Category (a): Project Administration
Task 1: Project Management
Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with the Grantee. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.

Deliverables:
• Invoices and associated backup documentation
Task 2: Reporting
Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR via the Grantee.

Prepare Project Completion Report and submit to DWR no later than 90 days after project completion for DWR Project Manager’s comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F.

Deliverables:
• Quarterly Project Progress Reports
• Project Completion Report
• Documentation (e.g., photo) of “Acknowledgment of Credit & Signage” per Standard Condition D.2 Budget Category (b): Land Purchase/Easement
Task 3: Land Purchase
Pipeline will be installed within the roadway right-of-way. The contractor will secure an encroachment permit from Riverside County for construction within the right-of-way. Both laterals will be constructed within existing easements.

Deliverables:
• Documentation supporting property value (if purchased) • All relevant documentation regarding property ownership transfer or acquisition of easement including final recorded deed, title report, etc. (if required) DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 256 475
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Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
Project Feasibility Studies were completed in 2020 as part of the project development process. The Feasibility Studies include: an investigation for CEQA compliance, identification of the most cost-effective alignment for the proposed pipe, recommended pipe material, hydraulic calculations, compliance with county fire requirements and cost estimates for design and construction.

Deliverables:
• Relevant Feasibility Studies
Task 5: CEQA Documentation
Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation.

Prepare letter stating no legal challenges (or addressing legal challenges).

Deliverables:
• All completed CEQA documents as required
• Legal Challenges Letter
Task 6: Permitting
The following permits are anticipated to be acquired for this project: (1) A Stormwater Pollution Prevention Plan permit and (2) an encroachment permit from the County of Riverside.

Deliverables:
• Permits as required
Task 7: Design
Preliminary and final design for the pipeline and fire hydrants will be completed. Final plans and specifications will be provided.

Deliverables:
• 100% Design Plans and Specifications
Task 8: Project Monitoring Plan
Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR’s review and approval.

Deliverables:
• Project Monitoring Plan
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 257 476
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Budget Category (d): Construction/Implementation
Task 9: Contract Services
This task must comply with the Standard Condition D.11 – Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed.

Deliverables:
• Bid Documents
• Proof of Advertisement
• Award of Contract
• Notice to Proceed
Task 10: Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site as needed for the project.

Construction observer duties include documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR.

Deliverables:
• DWR Certificate of Project Completion
• Record Drawings
Task 11: Construction
Construction activities include mobilization of equipment and transport to the site; setting up temporary facilities (e.g., field office, construction barriers) and clearing site for construction as needed; construction of approximately 4,700-4,800 feet of 8-inch water main and associated appurtenances to serve 12 existing homes, and up to 10 fire hydrant assemblies along the new upsized water main; and site cleanup and site restoration (e.g., post-construction restoration of the roadway), and removal of all temporary facilities. The existing pipeline will remain in place.

Deliverables:
• Photographic Documentation of Progress
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 258 477
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PROJECT 2: Esperanza Street Waterline Improvements, Phase 1 IMPLEMENTING AGENCY: Cabazon Water District
PROJECT DESCRIPTION: The project will replace and upsize approximately 900 linear feet of a failing water line in Cabazon, California. The project will conserve approximately 0.3 AFY and will improve flows to meet fire code, bringing the 27 service connections within the preferred threshold for fire protection.

Deliverables: N/A
Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
Not applicable; the project is consistent with previous projects completed by Cabazon Water District and is necessary to address a system deficiency.

Deliverables: N/A
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 259 478
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Task 5: CEQA Documentation
Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation.

Prepare letter stating no legal challenges (or addressing legal challenges).

Deliverables:
• All completed CEQA documents as required
• Legal Challenges Letter
Task 6: Permitting
The following permits are anticipated to be acquired for this project: an encroachment permit from Riverside County to perform work within the Riverside County right-of-way. The encroachment permit will be secured prior to construction but cannot be secured until the contractor is selected.

Deliverables:
• Permits as required
Task 7: Design
Preliminary and final design for the pipeline will be completed. All designs will comply with applicable construction and health and safety standards. Final plans and specifications will be provided.

Deliverables:
• 100% Design Plans and Specifications
Task 8: Project Monitoring Plan
Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR’s review and approval.

Deliverables:
• Project Monitoring Plan
Budget Category (d): Construction/Implementation
Task 9: Contract Services
This task must comply with the Standard Condition D.11 – Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed.

Deliverables:
• Bid Documents
• Proof of Advertisement
• Award of Contract
• Notice to Proceed
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 260 479
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Task 10: Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the project.

Deliverables:
• DWR Certificate of Project Completion
• Record Drawings
Task 11: Construction
Construction activities include mobilization of equipment and transport to the site; setting up temporary facilities (e.g., construction barriers), clearing site for construction as needed, and identification of existing underground utilities to avoid as necessary; Excavate trench to remove existing 4” steel pipe. Construct approximately 900 feet of 8-inch PVC water main and connect to the existing system. Connect the water main to existing meters and hydrants, and complete backfill and compaction of trench; site cleanup and site restoration (e.g., trench backfilling, post-construction restoration of the roadway), and removal of all temporary facilities and equipment.

Deliverables:
• Photographic Documentation of Progress
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 261 480
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PROJECT 3: Lions Park Recycled Water Conversion Project IMPLEMENTING AGENCY: City of Banning
PROJECT DESCRIPTION: The project will convert the irrigation system at Lions Park from potable to recycled water. The work also includes installation of recycled water identification valve boxes, lids, and tags; installation of recycled water signs; sprinkler head retrofits to water efficient, color-coded purple heads; and installation of a smart irrigation controller and backflow preventer. The project will conserve approximately

36.75 AFY of potable water and an additional 7.35 AFY through installation of a smart irrigation controller that will reduce overall water demands at the 8.86-acre park for a total water savings of approximately 44.1 AFY.

Budget Category (a): Project Administration
Task 1: Project Management
Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents. Prepare invoices including relevant supporting documentation for submittal to DWR. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.

Deliverables: N/A
Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
Not applicable.

Deliverables: N/A
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 262 481
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Task 5: CEQA Documentation
Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation.

Prepare letter stating no legal challenges (or addressing legal challenges).

Deliverables:
• All completed CEQA documents as required
• Legal Challenges Letter
Task 6: Permitting
No permits are required.

Deliverables: N/A
Task 7: Design
The Grantee will develop and finalize improvement plans and specifications that meet the goals of the project in a cost-effective manner. All designs will comply with applicable construction and health and safety standards. Final plans and technical specifications will be provided.

Deliverables:
• Final Plans and Technical Specifications
Task 8: Project Monitoring Plan
Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR’s review and approval.

Deliverables:
• Bid Documents
• Proof of Advertisement
• Award of Contract
• Notice to Proceed
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 263 482
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Task 10: Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing work directives. An engineering construction observer will be on site for the duration of the project.

Deliverables:
• DWR Certificate of Project Completion
• Record Drawings
Task 11: Construction
Construction activities include mobilization of equipment and transport to the site; setting up temporary facilities (e.g., field office, construction barriers) and clearing site for construction as needed; Installing recycled water identification valve boxes, lids, and tags, and recycled water signs, Installing water efficient (anti-mist), color-coded sprinkler heads for recycled water, installing a smart irrigation controller and backflow prevention devise, and installing a new 4 inch recycled water meter for the park and connect the existing irrigation system to the new meter; and site cleanup and site restoration (e.g., post-construction restoration of the park), and removal of all temporary facilities and equipment. All construction work will be done as per the final design and specifications.

Deliverables:
• Photographic Documentation of Progress
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 264 483
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EXHIBIT B
BUDGET
PROPOSITION 1 ROUND 2 SAN GORGONIO IRWM IMPLEMENTATION GRANT

AGREEMENT BUDGET SUMMARY
PROJECTS Grant Amount
Required
Cost Share:

Non-State
Fund Source
Other Cost
Share
Total Cost
Cost Share
Required
%
Grant Administration $114,462 $0 $0 $114,462 N/A
1 Project 1: Twin Pines Water
Supply Reliability and Fire
Protection Upgrades
$964,324 $0 $20,000 $984,324 0%
2 Project 2: Esperanza Street
Waterline Improvements, Phase 1 $343,700 $0 $16,000 $359,700 0% 3 Project 3: Lions Park Recycled
Water Conversion Project
$490,269 $0 $8,987 $499,256 0%
GRAND TOTAL $1,912,755 $0 $44,987 $1,957,742
Grant Administration
Implementing Agency: City of Banning
BUDGET CATEGORY Grant Amount
Required
Cost Share:

Non-State
Fund Source
Other Cost Share Total Cost
(a) Project Administration $114,462 $0 $0 $114,462
TOTAL COSTS $114,462 $0 $0 $114,462
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 265 484
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PROJECT 1: Twin Pines Water Supply Reliability and Fire Protection Upgrades Implementing Agency: High Valleys Water District
BUDGET CATEGORY Grant Amount
Required
Cost Share:

Non-State
Fund Source*
Other Cost
Share**
Total Cost
(a) Project Administration $3,324 $0 $20,000 $23,324
(b) Land Purchase / Easement $2,000 $0 $0 $2,000
(c) Planning / Design / Engineering /
Environmental Documentation $72,000 $0 $0 $72,000
(d) Construction / Implementation $887,000 $0 $0 $887,000 TOTAL COSTS $964,324 $0 $20,000 $984,324
NOTES:
*The project received a 100% cost share waiver.
**Other Cost Share fund source(s): High Valleys Water District General Fund, provided as in-kind labor by District staff.

PROJECT 2: Esperanza Street Waterline Improvements, Phase 1 Implementing Agency: Cabazon Water District
BUDGET CATEGORY Grant Amount
Required
Cost Share:

Non-State
Fund Source*
Other Cost
Share**
Total Cost
(a) Project Administration $8,000 $0 $8,000 $16,000
(b) Land Purchase / Easement $0 $0 $0 $0
(c) Planning / Design / Engineering /
Environmental Documentation $41,000 $0 $2,000 $43,000
(d) Construction / Implementation $294,700 $0 $6,000 $300,700 TOTAL COSTS $343,700 $0 $16,000 $359,700
NOTES:
*The project received a 100% cost share waiver.
**Other Cost Share fund source(s): Cabazon Water District General Fund, provided as in-kind labor by District staff.

DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 266 485
Grant Agreement No. 4600015401

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PROJECT 3: Lions Park Recycled Water Conversion Project Implementing Agency: City of Banning
BUDGET CATEGORY Grant Amount
Required
Cost Share:

Non-State
Fund Source*
Other Cost
Share**
Total Cost
(a) Project Administration $35,065 $0 $8,987 $44,052
(b) Land Purchase / Easement $0 $0 $0 $0
(c) Planning / Design / Engineering /
Environmental Documentation $42,100 $0 $0 $42,100
(d) Construction / Implementation $413,104 $0 $0 $413,104 TOTAL COSTS $490,269 $0 $8,987 $499,256
NOTES:
*The project received a 100% cost share waiver.
**Other Cost Share fund source(s): City of Banning Water Operations Fund.

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EXHIBIT C

SCHEDULE
PROPOSITION 1 ROUND 2 SAN GORGONIO IRWM IMPLEMENTATION GRANT Grant Administration
BUDGET CATEGORY Start Date End Date
a Project Administration 05/01/2023 12/31/2025
PROJECT 1: Twin Pines Water Supply Reliability and Fire Protection Upgrades BUDGET CATEGORY Start Date End Date
a Project Administration 05/01/2023 09/30/2025
b Land Purchase / Easement 11/01/2023 03/31/2024
c Planning / Design / Engineering / Environmental Documentation 05/01/2023 03/31/2024 d Construction / Implementation 11/02/2023 06/30/2025
Budget Category (c) overlaps with Budget Category (d) to accommodate finalization of the Project Monitoring Plan (Task 8) and securing of the encroachment permit (Task 6), while beginning the Construction contracting processes (Task 9).

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PROJECT 2: Esperanza Street Waterline Improvements, Phase 1 BUDGET CATEGORY Start Date End Date
a Project Administration 05/01/2023 05/01/2025
b Land Purchase / Easement N/A N/A
c Planning / Design / Engineering / Environmental Documentation 05/01/2023 12/01/2023 d Construction / Implementation 08/02/2023 02/01/2025
Budget Category (c) overlaps with Budget Category (d) to accommodate finalization of the Project Monitoring Plan (Task 8) and completion of the Notice of Exemption (Task 5), while beginning the Construction contracting processes (Task 9).

PROJECT 3: Lions Park Recycled Water Conversion Project BUDGET CATEGORY Start Date End Date
a Project Administration 05/01/2023 09/30/2025
b Land Purchase / Easement N/A N/A
c Planning / Design / Engineering / Environmental Documentation 05/01/2023 02/28/2024 d Construction / Implementation 01/01/2024 06/30/2025
Budget Category (c) overlaps with Budget Category (d) to accommodate finalization of the Project Monitoring Plan (Task 8) and to begin the Construction contracting processes (Task 9).

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EXHIBIT D

STANDARD CONDITIONS
D.1. ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT:

A. Separate Accounting of Funding Disbursements: Grantee shall account for the money disbursed pursuant to this Grant Agreement separately from all other Grantee funds. Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Grantee shall keep complete and accurate records of all receipts and disbursements on expenditures of such funds. Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times.

B. Disposition of Money Disbursed: All money disbursed pursuant to this Grant Agreement shall be deposited in a non-interest bearing account, administered, and accounted for pursuant to the provisions of applicable law.

C. Remittance of Unexpended Funds: Grantee shall remit to State any unexpended funds that were disbursed to Grantee under this Grant Agreement and were not used to pay Eligible Project Costs within a period of sixty (60) calendar days from the final disbursement from State to Grantee of funds or, within thirty (30) calendar days of the expiration of the Grant Agreement, whichever comes first.

D.2. ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: Grantee shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Grant Agreement. Signage shall be posted in a prominent location at Project site(s) (if applicable) or at the Grantee’s headquarters and shall include the Department of Water Resources color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Water Quality, Supply, and Infrastructure Improvement Act of 2014 and through an agreement with the State Department of Water Resources.” The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph.

D.3. AMENDMENT: This Grant Agreement may be amended at any time by mutual agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable law.

Requests by the Grantee for amendments must be in writing stating the amendment request and the reason for the request. Requests solely for a time extension must be submitted at least 90 days prior to the work completion date set forth in Paragraph 2. Any other request for an amendment must be submitted at least 180 days prior to the work completion date set forth in Paragraph 2. State shall have no obligation to agree to an amendment.

D.4. AMERICANS WITH DISABILITIES ACT: By signing this Grant Agreement, Grantee assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

D.5. AUDITS: State reserves the right to conduct an audit at any time between the execution of this Grant Agreement and the completion of the Project, with the costs of such audit borne by State. After completion of the Project, State may require Grantee to conduct a final audit to State’s specifications, at Grantee’s expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Grant Agreement, and State may elect to pursue any remedies provided in Paragraph 12 or take any other action it deems necessary to protect its interests. The Grantee agrees it shall return any audit disallowances to the State.

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Pursuant to Government Code section 8546.7, the Grantee shall be subject to the examination and audit by the State for a period of three (3) years after final payment under this Grant Agreement with respect of all matters connected with this Grant Agreement, including but not limited to, the cost of administering this Grant Agreement. All records of Grantee or its contractor or subcontractors shall be preserved for this purpose for at least three (3) years after receipt of the final disbursement under this Agreement. If an audit reveals any impropriety, the Bureau of State Audits or the State Controller’s Office may conduct a full audit of any or all of the Grantee’s activities. Code, § 79708, subd. (b) D.6. BUDGET CONTINGENCY: If the Budget Act of the current year covered under this Grant Agreement does not appropriate sufficient funds for this program, this Grant Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Grant Agreement. In this event, State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Grant Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement. Nothing in this Grant Agreement shall be construed to provide Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year after the current year covered by this Grant Agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Grant Agreement with no liability occurring to State, or offer a Grant Agreement amendment to Grantee to reflect the reduced amount.

D.7. CALIFORNIA CONSERVATION CORPS: Grantee may use the services of the California Conservation Corps or other community conservation corps as defined in Public Resources Code section 14507.5.

D.8. CEQA: Activities funded under this Grant Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) Any work that is subject to CEQA and funded under this Agreement shall not proceed until documents that satisfy the CEQA process are received by the State’s Project Manager and the State has completed its CEQA compliance. Work funded under this Agreement that is subject to a CEQA document shall not proceed until and unless approved by the Department of Water Resources. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. If CEQA compliance by the Grantee is not complete at the time the State signs this Agreement, once State has considered the environmental documents, it may decide to require changes, alterations, or other mitigation to the Project; or to not fund the Project. Should the State decide to not fund the Project, this Agreement shall be terminated in accordance with Paragraph 12, “Default Provisions.”
D.9. CHILD SUPPORT COMPLIANCE ACT: The Grantee acknowledges in accordance with Public Contract Code section 7110, that:

A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code section 5200 et seq.; and B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

D.10. CLAIMS DISPUTE: Any claim that the Grantee may have regarding performance of this Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the DWR Project Representative, within thirty (30) days of the Grantee’s knowledge of the claim.

State and Grantee shall then attempt to negotiate a resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution.

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D.11. COMPETITIVE BIDDING AND PROCUREMENTS: Grantee’s contracts with other entities for the acquisition of goods and services and construction of public works with funds provided by State under this Grant Agreement must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Grantee does not have a written policy to award contracts through a competitive bidding or sole source process, the Department of General Services’ State Contracting Manual rules must be followed and are available at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-ServicesResources-List-Folder/State-Contracting.

D.12. COMPUTER SOFTWARE: Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Grant Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.

D.13. CONFLICT OF INTEREST: All participants are subject to State and Federal conflict of interest laws.

Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411, for State conflict of interest requirements.

A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services.

B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelvemonth period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.

C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act. (Gov. Code, § 87100 et seq.) D. Employees and Consultants to the Grantee: Individuals working on behalf of a Grantee may be required by the Department to file a Statement of Economic Interests (Fair Political Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes.

D.14. DELIVERY OF INFORMATION, REPORTS, AND DATA: Grantee agrees to expeditiously provide throughout the term of this Grant Agreement, such reports, data, information, and certifications as may be reasonably required by State.

D.15. DISPOSITION OF EQUIPMENT: Grantee shall provide to State, not less than thirty (30) calendar days prior to submission of the final invoice, an itemized inventory of equipment purchased with funds provided by State. The inventory shall include all items with a current estimated fair market value of more than $5,000.00 per item. Within sixty (60) calendar days of receipt of such inventory State shall provide Grantee with a list of the items on the inventory that State will take title to. All other items shall become the property of Grantee. State shall arrange for delivery from Grantee of items that it takes title to. Cost of transportation, if any, shall be borne by State.

D.16. DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Grant Agreement, Grantee, its contractors or subcontractors hereby certify, under penalty of perjury under DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 272 491
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the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

A. Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code section 8355.

B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355 to inform employees, contractors, or subcontractors about all of the following:
i. The dangers of drug abuse in the workplace,
ii. Grantee’s policy of maintaining a drug-free workplace, iii. Any available counseling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations.

C. Provide, as required by Government Code section 8355, that every employee, contractor, and/or subcontractor who works under this Grant Agreement:
i. Will receive a copy of Grantee’s drug-free policy statement, and ii. Will agree to abide by terms of Grantee’s condition of employment, contract or subcontract.

D.17. EASEMENTS: Where the Grantee acquires property in fee title or funds improvements to real property using State funds provided through this Grant Agreement, an appropriate easement or other title restriction providing for floodplain preservation and agricultural and/or wildlife habitat conservation for the subject property in perpetuity, approved by the State, shall be conveyed to a regulatory or trustee agency or conservation group acceptable to the State. The easement or other title restriction must be in first position ahead of any recorded mortgage or lien on the property unless this requirement is waived by the State.

Where the Grantee acquires an easement under this Agreement, the Grantee agrees to monitor and enforce the terms of the easement, unless the easement is subsequently transferred to another land management or conservation organization or entity with State permission, at which time monitoring and enforcement responsibilities will transfer to the new easement owner.

Failure to provide an easement or other title restriction acceptable to the State may result in termination of this Agreement.

D.18. FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED PROFESSIONAL: Upon completion of the Project, Grantee shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Grant Agreement.

D.19. GRANTEE'S RESPONSIBILITIES: Grantee and its representatives shall:

A. Faithfully and expeditiously perform or cause to be performed all project work as described in Exhibit A and in accordance with Exhibits B and C.

B. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Grant Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in support of its request for funding.

C. Comply with all applicable California, federal, and local laws and regulations.

D. Implement the Project in accordance with applicable provisions of the law.

E. Fulfill its obligations under the Grant Agreement and be responsible for the performance of the Project.

F. Obtain any and all permits, licenses, and approvals required for performing any work under this Grant Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project. Grantee shall provide copies of permits and approvals to State.

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G. Be solely responsible for design, construction, and operation and maintenance of projects within the work plan. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Agreement.

H. Be solely responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Grantee shall be responsible for any and all disputes arising out of its contracts for work on the Project, including but not limited to payment disputes with contractors and subcontractors. The State will not mediate disputes between the Grantee and any other entity concerning responsibility for performance of work.

D.20. GOVERNING LAW: This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

D.21. INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Grantee under this Agreement shall be paid by the Grantee to the State, to the extent that they are properly allocable to costs for which the Grantee has been reimbursed by the State under this Agreement. The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph.

D.22. INDEMNIFICATION: Grantee shall indemnify and hold and save the State, its officers, agents, and employees, free and harmless from any and all liabilities for any claims and damages (including inverse condemnation) that may arise out of the Project and this Agreement, including, but not limited to any claims or damages arising from planning, design, construction, maintenance and/or operation of levee rehabilitation measures for this Project and any breach of this Agreement. Grantee shall require its contractors or subcontractors to name the State, its officers, agents and employees as additional insureds on their liability insurance for activities undertaken pursuant to this Agreement.

D.23. INDEPENDENT CAPACITY: Grantee, and the agents and employees of Grantees, in the performance of the Grant Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State.

D.24. INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Grant Agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Grant Agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Grant Agreement, and State may withhold disbursements to Grantee or take any other action it deems necessary to protect its interests.

D.25. INSPECTIONS OF PROJECT BY STATE: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Grant Agreement. This right shall extend to any subcontracts, and Grantee shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Grant Agreement with State.

D.26. LABOR CODE COMPLIANCE: The Grantee agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of Industrial Relations (DIR) requirements may be found at: http://www.dir.ca.gov/ lcp.asp.

For more information, please refer to DIR’s Public Works Manual at: https://www.dir.ca.gov/ dlse/PWManualCombined.pdf. The Grantee affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 274 493
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compensation or to undertake self-insurance, and the Grantee affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision.

D.27. MODIFICATION OF OVERALL WORK PLAN: At the request of the Grantee, the State may at its sole discretion approve non-material changes to the portions of Exhibits A, B, and C which concern the budget and schedule without formally amending this Grant Agreement. Non-material changes with respect to the budget are changes that only result in reallocation of the budget and will not result in an increase in the amount of the State Grant Agreement. Non-material changes with respect to the Project schedule are changes that will not extend the term of this Grant Agreement. Requests for nonmaterial changes to the budget and schedule must be submitted by the Grantee to the State in writing and are not effective unless and until specifically approved by the State’s Program Manager in writing.

D.28. NONDISCRIMINATION: During the performance of this Grant Agreement, Grantee and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital/domestic partner status, and denial of medical and family care leave or pregnancy disability leave. Grantee and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code, § 12990.) and the applicable regulations promulgated there under (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing are incorporated into this Agreement by reference. Grantee and its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Grant Agreement.

D.29. OPINIONS AND DETERMINATIONS: Where the terms of this Grant Agreement provide for action to be based upon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.

D.30. PERFORMANCE BOND: Where contractors are used, the Grantee shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this paragraph must be issued by a California-admitted surety. (Pub. Contract Code, § 7103; Code Civ. Proc., § 995.311.)
D.31. PRIORITY HIRING CONSIDERATIONS: If this Grant Agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the Grant Agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with Public Contract Code section 10353.

D.32. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project, or with Grantee’s service of water, without prior permission of State.

Grantee shall not take any action, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Grantee meet its obligations under this DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 275 494
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Grant Agreement, without prior written permission of State. State may require that the proceeds from the disposition of any real or personal property be remitted to State.

D.33. PROJECT ACCESS: The Grantee shall ensure that the State, the Governor of the State, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of this Agreement.

D.34. REMAINING BALANCE: In the event the Grantee does not submit invoices requesting all of the funds encumbered under this Grant Agreement, any remaining funds revert to the State. The State will notify the Grantee stating that the Project file is closed and any remaining balance will be disencumbered and unavailable for further use under this Grant Agreement.

D.35. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Grant Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.

D.36. RETENTION: The State shall withhold ten percent (10%) of the funds, for each project, until the project is complete, and a Final Project Report is approved and accepted by DWR. If a project has multiple components (within a project), at the State's discretion and upon a written request by the Grantee, any retained amount attributable to a single component may be released when that component is complete and the Final Component Completion Report is approved. Upon approval of the Final Project Report and/or Final Component Completion Report, any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest.

D.37. RIGHTS IN DATA: Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Grant Agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act. (Gov.

Code, § 6250 et seq.) Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Grant Agreement, subject to appropriate acknowledgement of credit to State for financial support. Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this paragraph for any public purpose.

D.38. SEVERABILITY: Should any portion of this Grant Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Grant Agreement shall continue as modified.

D.39. SUSPENSION OF PAYMENTS: This Grant Agreement may be subject to suspension of payments or termination, or both if the State determines that:

A. Grantee, its contractors, or subcontractors have made a false certification, or B. Grantee, its contractors, or subcontractors violates the certification by failing to carry out the requirements noted in this Grant Agreement.

D.40. SUCCESSORS AND ASSIGNS: This Grant Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Grant Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose.

D.41. TERMINATION BY GRANTEE: Subject to State approval which may be reasonably withheld, Grantee may terminate this Agreement and be relieved of contractual obligations. In doing so, Grantee must provide a reason(s) for termination. Grantee must submit all progress reports summarizing accomplishments up until termination date.

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D.42. TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 12, “Default Provisions,” the State may terminate this Grant Agreement and be relieved of any payments should Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein, provided including but not limited to reasons of default under Paragraph 12, “Default Provisions.” D.43. TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days’ advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination.

D.44. THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein.

D.45. TIMELINESS: Time is of the essence in this Grant Agreement.

D.46. TRAVEL – DAC, EDA, TRIBES PROJECT: Travel is only an eligible reimbursable expense for projects providing at least 75% of benefits to DACs, EDAs, and/or Tribes (based on population or geographic area). Only ground transportation and lodging are eligible for grant reimbursement. Per diem costs will not be eligible for grant reimbursement. Any reimbursement for necessary travel shall be at rates not to exceed those set by the California Department of Human Resources. These rates may be found at: http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred. No travel outside of the IRWM region shall be reimbursed unless prior written authorization is obtained from the State.

D.47. UNION ORGANIZING: Grantee, by signing this Grant Agreement, hereby acknowledges the applicability of Government Code sections 16645 through 16649 to this Grant Agreement.

Furthermore, Grantee, by signing this Grant Agreement, hereby certifies that:

A. No State funds disbursed by this Grant Agreement will be used to assist, promote, or deter union organizing.

B. Grantee shall account for State funds disbursed for a specific expenditure by this Grant Agreement to show those funds were allocated to that expenditure.

C. Grantee shall, where State funds are not designated as described in (b) above, allocate, on a pro rata basis, all disbursements that support the program.

D. If Grantee makes expenditures to assist, promote, or deter union organizing, Grantee will maintain records sufficient to show that no State funds were used for those expenditures and that Grantee shall provide those records to the Attorney General upon request.

D.48. VENUE: The State and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement.

D.49. WAIVER OF RIGHTS: None of the provisions of this Grant Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties here to that from time to time either party may waive any of its rights under this Grant Agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Grant Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect.

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EXHIBIT E

AUTHORIZING RESOLUTION
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EXHIBIT F

REPORT FORMATS AND REQUIREMENTS
The following reporting formats should be utilized. Please obtain State approval prior to submitting a report in an alternative format.

PROGRESS REPORTS
Progress reports shall generally use the following format. This format may be modified as necessary to effectively communicate information. For each project, discuss the following at the task level, as organized in Exhibit A:
• Percent complete (by work)
• Discussion of work accomplished during the reporting period. • Milestones or deliverables completed/submitted during the reporting period. • Meetings held or attended.
• Scheduling concerns and issues encountered that may delay completion of the task.

For each project, discuss the following at the project level, as organized in Exhibit A:
• Work anticipated for the next reporting period.
• Photo documentation, as appropriate.
• Budget projections for grant share for the next two quarters • Any schedule or budget modifications approved by DWR during the reporting period.

PROJECT COMPLETION REPORT
The Project Completion Report (or a Component Completion Report, if a Project has multiple Components) shall generally use the following format provided below for each project after completion.

Executive Summary
The Executive Summary should include a brief summary of project information and include the following items:
• Brief description of work proposed to be done in the original Grant application. • List any official amendments to this Grant Agreement, with a short description of the amendment.

Reports and/or Products
The following items should be provided, unless already submitted as a deliverable:
• A copy of any final technical report or study, produced for or utilized in this Project as described in the Exhibit A
• Electronic copies of any data collected, not previously submitted • Discussion of problems that occurred during the work and how those problems were resolved • Final project schedule showing actual progress versus planned progress as shown in Exhibit C Additional information that may be applicable for implementation projects includes the following:
• Record drawings
• Final geodetic survey information
• Project photos
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Cost & Disposition of Funds
A list showing:
• Summary of Project costs including the following items:
o Accounting of the cost of project expenditure;
o Include all internal and external costs not previously disclosed (i.e., additional cost share); and o A discussion of factors that positively or negatively affected the project cost and any deviation from the original Project cost estimate.

Additional Information
• Benefits derived from the Project, with quantification of such benefits provided. • If applicable, Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), consistent with Exhibit D, that the project was conducted in accordance with the approved Work Plan in Exhibit A and any approved amendments thereto. • Submittal schedule for the Post-Performance Report.

GRANT COMPLETION REPORT
The Grant Completion Report shall generally use the following format. This format may be modified as necessary to effectively communicate information on the various projects funded by this Grant Agreement, and includes the following:
• Executive Summary: consisting of a maximum of ten (10) pages summarizing information for the grant as well as the individual projects.
• Brief discussion of: each project completed and how they achieved IRWM Plan objectives and/or Regional goals and whether the level, type, or magnitude of benefits of the project are comparable to the original project proposal; any remaining work to be completed and mechanism for their implementation; the benefits to DAC and/or EDA as part of this Grant Agreement if a DAC or EDA Cost Share Waiver was approved for a project; and a summary of final funds disbursement for each project.

Additional Information: Summary of the submittal schedule for the Post-Performance Reports applicable for the projects in this Grant Agreement.

POST-PERFORMANCE REPORT
The Post-Performance Report (PPR) should be concise and focus on how each project is performing compared to its expected performance; whether the project is being operated and maintained and providing intended benefits as proposed. A PPR template may be provided by the assigned DWR Grant Manager upon request. The PPR should follow the general format of the template and provide requested information as applicable. The following information, at a minimum, shall be provided:

Reports and/or products
• Header including the following:
o Grantee Name
o Implementing Agency (if different from Grantee)
o Grant Agreement Number
o Project Name
o Funding grant source (i.e., 2022 Proposition 1 IRWM Implementation Grant) o Report number
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• Post-Performance Report schedule
• Time period of the annual report (e.g., January 2024 through December 2024) • Project Description Summary
• Discussion of the project benefits
• An assessment of any differences between the expected versus actual project benefits as stated in the original application. Where applicable, the reporting should include quantitative metrics (e.g., new acrefeet of water produced that year, etc.). • Summary of any additional costs and/or benefits deriving from the project since its completion, if applicable.
• Any additional information relevant to or generated by the continued operation of the project.

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EXHIBIT G

REQUIREMENTS FOR DATA SUBMITTAL
Surface and Groundwater Quality Data:

Groundwater quality and ambient surface water quality monitoring data that include chemical, physical, or biological data shall be submitted to the State as described below, with a narrative description of data submittal activities included in project reports.

Surface water quality monitoring data shall be prepared for submission to the California Environmental Data Exchange Network (CEDEN). The CEDEN data templates are available on the CEDEN website.

Inclusion of additional data elements described on the data templates is desirable. Data ready for submission should be uploaded to your CEDEN Regional Data Center via the CEDEN website. CEDEN website: http://www.ceden.org.

If a project’s Work Plan contains a groundwater ambient monitoring element, groundwater quality monitoring data shall be submitted to the State for inclusion in the State Water Resources Control Board’s Groundwater Ambient Monitoring and Assessment (GAMA) Program Information on the GAMA Program can be obtained at: https://www.waterboards.ca.gov/water_issues/programs/gama/. If further information is required, the Grantee can contact the State Water Resources Control Board (SWRCB) GAMA Program.

A listing of SWRCB staff involved in the GAMA program can be found at:
https://www.waterboards.ca.gov/water_issues/programs/gama/contact.shtml.

Groundwater Level Data
For each project that collects groundwater level data, the Grantee will need to submit this data to DWR’s Water Data Library (WDL), with a narrative description of data submittal activities included in project reports, as described in Exhibit F, “Report Formats and Requirements.” Information regarding the WDL and in what format to submit data in can be found at: http://www.water.ca.gov/waterdatalibrary/.

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EXHIBIT H

STATE AUDIT DOCUMENT REQUIREMENTS AND COST SHARE GUIDELINES FOR THE GRANTEE The following provides a list of documents typically required by State Auditors and general guidelines for the Grantee. List of documents pertains to both State funding and the Grantee’s Local Cost Share and details the documents/records that State Auditors would need to review in the event of this Grant Agreement is audited.

The Grantee should ensure that such records are maintained for each funded project.

State Audit Document Requirements
Internal Controls

1. Organization chart (e.g., Agency’s overall organization chart and organization chart for the State funded Program/Project).

2. Written internal procedures and flowcharts for the following:
a) Receipts and deposits
b) Disbursements
c) State reimbursement requests
d) Expenditure tracking of State funds
e) Guidelines, policy, and procedures on State funded Program/Project

3. Audit reports of the Agency internal control structure and/or financial statements within the last two years.

4. Prior audit reports on the State funded Program/Project.

State Funding:

1. Original Grant Agreement, any amendment(s) and budget modification documents.

2. A listing of all bond-funded grants, loans, or subventions received from the State.

3. A listing of all other funding sources for each Program/Project.

Contracts:

1. All subcontractor and consultant contracts and related or partners’ documents, if applicable.

2. Contracts between the Agency and member agencies as related to the State funded Program/Project.

Invoices:

1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the Grant Agreement.

2. Documentation linking subcontractor invoices to State reimbursement, requests and related Grant Agreement budget line items.

3. Reimbursement requests submitted to the State for the Grant Agreement.

Cash Documents:

1. Receipts (copies of warrants) showing payments received from the State.

2. Deposit slips (or bank statements) showing deposit of the payments received from the State.

3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under the grants or loans.

4. Bank statements showing the deposit of the receipts.

Accounting Records:

1. Ledgers showing entries for funding receipts and cash disbursements.

2. Ledgers showing receipts and cash disbursement entries of other funding sources.

3. Bridging documents that tie the general ledger to requests for Grant Agreement reimbursement.

Administration Costs:

1. Supporting documents showing the calculation of administration costs.

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Personnel:

1. List of all contractors and Agency staff that worked on the State funded Program/Project.

2. Payroll records including timesheets for contractor staff and the Agency personnel who provided services charged to the program
Project Files:

1. All supporting documentation maintained in the project files.

2. All Grant Agreement related correspondence.

Cost Share Guidelines
Cost Share consists of non-State funds, including in-kind services. In-kind services are defined as work performed (i.e., dollar value of non-cash contributions) by the Grantee (and potentially other parties) directly related to the execution of the funded project. Examples include volunteer services, equipment use, and use of facilities. The cost if in-kind service can be counted as cost share in-lieu of actual funds (or revenue) provided by the Grantee. Other cost share and in-kind service eligibility conditions may apply. Provided below is guidance for documenting cost share with and without in-kind services.

1. Although tracked separately, in-kind services shall be documented and, to the extent feasible, supported by the same methods used by the Grantee for its own employees. Such documentation should include the following:
a. Detailed description of the contributed item(s) or service(s) b. Purpose for which the contribution was made (tied to project work plan) c. Name of contributing organization and date of contribution d. Real or approximate value of contribution. Who valued the contribution and how was the value determined? (e.g., actual, appraisal, fair market, etc.). Justification of rate. (See item #2, below) e. Person’s name and the function of the contributing person f. Number of hours contributed
g. If multiple sources exist, these should be summarized on a table with summed charges h. Source of contribution if it was provided by, obtained with, or supported by government funds

2. Rates for volunteer or in-kind services shall be consistent with those paid for similar work in the Grantee’s organization. For example, volunteer service of clearing vegetation performed by an attorney shall be valued at fair market value for this service, not the rate for professional legal services. In those instances, in which the required skills are not found in the recipient organization, rates shall be consistent with those paid for similar work in the labor market. Paid fringe benefits that are reasonable, allowable, and allocable may be included in the valuation.

3. Cost share contribution (including in-kind services) shall be for costs and services directly attributed to activities included in the Grant Agreement. These services, furnished by professional and technical personnel, consultants, and other skilled labor may be counted as in-kind if the activities are an integral and necessary part of the project funded by the Grant Agreement.

4. Cash contributions made to a project shall be documented as revenue and in-kind services as expenditures. These costs should be tracked separately in the Grantee’s accounting system.

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EXHIBIT I

LOCAL PROJECT SPONSORS AND PROJECT LOCATIONS
The Grantee has assigned, for each project, a Local Project Sponsor (LPS) according to the roles of the participating agencies identified in the IRWM Plan. LPSs may act on behalf of the Grantee for the purposes of individual project management, oversight, compliance, and operations and maintenance. LPSs are identified for each sponsored Project below:

Local Project Sponsor Agency Designation
Sponsored Project: Project 1: Twin Pines Water Supply Reliability and Fire Protection Upgrades Sponsor Agency: High Valleys Water District
Agency Address: 47781 Twin Pines Road, Banning, CA 92220 Project Location: Banning, California (33.86722, -116.822778 to 33.866667, -116.814167) DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 287 506
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Local Project Sponsor Agency Designation
Sponsored Project: Project 2: Esperanza Street Waterline Improvements, Phase 1 Sponsor Agency: Cabazon Water District
Agency Address: 14618 Broadway Street, Cabazon, CA 92230 Project Location: Cabazon, California (33.90055556, 116.75444444) DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 288 507
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Sponsored Project: Project 3: Lions Park Recycled Water Conversion Project Sponsor Agency: City of Banning
Agency Address: 99 E. Ramsey Street, Banning, CA 92220
Project Location: Banning, California (33.917222, -116.868611) DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 289 508
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EXHIBIT J

APPRAISAL SPECIFICATIONS
For implementation projects that include Land Acquisition Only:

For property acquisitions funded by this Grant Agreement, the Grantee shall submit an appraisal for review and approval by the Department of General Services or DWR’s Real Estate Branch prior to reimbursement or depositing State funds into an escrow account. This information should be submitted at least 90 days prior to a reimbursement request to account for review time. All appraisal reports, regardless of report format, shall include all applicable Appraisal Specifications below. Appraisals for a total compensation of $150,000 or more shall be reported as a Self-Contained Appraisal Report. Appraisals for a total compensation of less than $150,000 may be reported as a Summary Appraisal Report, which includes all information necessary to arrive at the appraiser’s conclusion. Appraisal Specifications 14, 16, 21, 23-25, and 28 shall be a narrative analysis regardless of the reporting format.

1. Title page with sufficient identification of appraisal assignment.

2. Letter of transmittal summarizing important assumptions and conclusions, value estimate, date of value and date of report.

3. Table of contents.

4. Assumptions and Limiting Conditions, Extraordinary Assumptions, and Hypothetical Conditions as needed.

5. Description of the scope of work, including the extent of data collection and limitations, if any, in obtaining relevant data.

6. Definition of Fair Market Value, as defined by California Code of Civil Procedure, § 1263.320.

7. Photographs of subject property and comparable data, including significant physical features and the interior of structural improvements, if applicable.

8. Copies of Tax Assessor’s plat map with the subject marked along with all contiguous assessor’s parcels that depict the ownership.

9. A legal description of the subject property, if available.

10. For large, remote or inaccessible parcels, provide aerial photographs or topographical maps depicting the subject boundaries.

11. Three (3) year subject property history, including sales, listings, leases, options, zoning, applications for permits, or other documents or facts that might indicate or affect use or value.

12. Discussion of any current Agreement of Sale, option, or listing of subject property. This issue required increased diligence since state agencies often utilize non-profit organizations to quickly acquire sensitive habitat parcels using Option Agreements. However, due to confidentiality clauses, the terms of the Option are often not disclosed to the State If the appraiser discovers evidence of an Option or the possible existence of an Option, and the terms cannot be disclosed due to a confidentiality clause, then the appraiser is to cease work and contact the client.

13. Regional, area, and neighborhood analyses. This information may be presented in a summary format.

14. Market conditions and trends including identification of the relevant market area, a discussion of supply and demand within the relevant market area, and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area. This information may be presented in a summary format.

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15. Discussion of subject land/site characteristics (size, topography, current use, elevations, zoning and land use issues, development entitlements, General Plan designation, utilities, offsite improvements, access, land features such as levees and creeks, offsite improvements, easements and encumbrances, covenants, conditions and restrictions, flood and earthquake information, toxic hazards, water rights, mineral rights, toxic hazards, taxes and assessments, etc.).

16. Description of subject improvements including all structures, square footage, physical age, type of construction, quality of construction, condition of improvements and/or identification of any permanent plantings. Discussion of construction cost methodology, costs included and excluded, accrued depreciation from all causes, remaining economic life, items of deferred maintenance and cost to cure, and incurable items. Construction cost data shall include cost data source, date of estimate or date of publication of cost manual, section and page reference of cost manual, copies of cost estimate if provided from another source, replacement or reproduction cost method used, and supporting calculations including worksheets or spreadsheets.

17. Subject property leasing and operating cost history, including all items of income and expense.

18. Analysis and conclusion of the larger parcel for partial taking appraisals. For partial taking appraisals, Appraisal Specifications generally apply to the larger parcel rather than an ownership where the larger parcel is not the entire ownership.

19. Include a copy of a recent preliminary title report (within the past year) as an appraisal exhibit.

Discuss the title exceptions and analyze the effect of title exceptions on fair market value.

20. For appraisals of partial takings or easements, a detailed description of the taking or easement area including surface features and topography, easements, encumbrances or improvements including levees within the subject partial take or easement, and whether the take area is characteristic of the larger parcel. Any characteristics of the taking area, including existing pre-project levees that render the take area different from the larger parcel shall be addressed in the valuation.

21. Opinion of highest and best use for the subject property, based on an in-depth analysis supporting the concluded use which includes the detail required by the complexity of the analysis. Such support typically requires a discussion of the four criteria of tests utilized to determine the highest and best use of a property. If alternative feasible uses exist, explain and support market, development, cash flow, and risk factors leading to an ultimate highest and best use decision.

22. All approaches to market value applicable to the property type and in the subject market. Explain and support the exclusion of any usual approaches to value.

23. Map(s) showing all comparable properties in relation to the subject property.

24. Photographs and plat maps of comparable properties.

25. In-depth discussion of comparable properties, similarities and differences compared to the subject property, adjustments to the comparable data, and discussion of the reliability and credibility of the data as it relates to the indicated subject property value. Improved comparable sales which are used to compare to vacant land subject properties shall include an allocation between land and improvements, using methodology similar to methodology used in item 16 above to estimate improvement value when possible, with an explanation of the methodology used.

26. Comparable data sheets.
a. For sales, include information on grantor/Grantee, sale/recordation dates, listed or asking price as of the date of sale, highest and best use, financing, conditions of sale, buyer motivation, sufficient location information (street address, post mile, and/or distance from local landmarks such as bridges, road intersections, structures, etc.), land/site characteristics, improvements, source of any allocation of sale price between land and improvements, and confirming source.

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b. For listings, also include marketing time from list date to effective date of the appraisal, original list price, changes in list price, broker feedback, if available. c. For leases, include significant information such as lessor/lessee, lease date and term, type of lease, rent and escalation, expenses, size of space leased, tenant improvement allowance, concessions, use restrictions, options, and confirming source. When comparing improved sales to a vacant land subject, the contributory value of the improvements shall be segregated from the land value.

27. For appraisals of easements, a before and after analysis of the burden of the easement on the fee, with attention to how the easement affects highest and best use in the after condition. An Easement Valuation Matrix or generalized easement valuation references may be used ONLY as a reference for a secondary basis of value.

28. For partial taking and easement appraisals, valuation of the remainder in the after condition and analysis and identification of any change in highest and best use or other characteristics in the after condition, to establish severance damages to the remainder in the after condition, and a discussion of special and general benefits, and cost to cure damages or construction contract work.

29. There are occasions where properties involve water rights, minerals, or salable timber that require separate valuations. If an appraisal assignment includes water rights, minerals, or merchantable timber that requires separate valuation, the valuation of the water rights, minerals, or merchantable timber shall be completed by a credentialed subject matter specialist.

30. For partial taking and easement appraisals, presentation of the valuation in California partial taking acquisition required format.

31. Implied dedication statement.

32. Reconciliation and final value estimate. Include analysis and comparison of the comparable sales to the subject, and explain and support conclusions reached.

33. Discussion of any departures taken in the development of the appraisal.

34. Signed Certification consistent with the language found in Uniform Standards of Professional Appraisal Practice.

35. If applicable, in addition to the above, appraisals of telecommunication sites shall also provide:
a. A discussion of market conditions and trends including identification of the relevant market, a discussion of supply and demand within the relevant market area and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area. b. An analysis of other leases comparable to subject property. Factors to be discussed in the analysis include the latitude, longitude, type of tower, tower height, number of rack spaces, number of racks occupied, placement of racks, power source and adequacy, back-up power, vault and site improvements description and location on site, other utilities; access, and road maintenance costs.

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EXHIBIT K

INFORMATION NEEDED FOR ESCROW PROCESSING AND CLOSURE
For implementation projects that include Land Acquisition Only:

The Grantee shall provide the following documents to the State Project Representative during the escrow process. Property acquisition escrow documents shall be submitted within the term of this Grant Agreement and after a qualified appraisal has been approved. • Name and Address of Title Company Handling the Escrow • Escrow Number
• Name of Escrow Officer
• Escrow Officer’s Phone Number
• Dollar Amount Needed to Close Escrow
• Legal Description of Property Being Acquired
• Assessor’s Parcel Number(s) of Property Being Acquired • Copy of Title Insurance Report
• Entity Taking Title as Named Insured on Title Insurance Policy • Copy of Escrow Instructions in Draft Form Prior to Recording for Review Purposes • Copy of Final Escrow Instructions
• Verification that all Encumbrances (i.e., Liens, Back Taxes, and Similar Obligations) have been Cleared Prior to Recording the Deed to Transfer Title
• Copy of Deed for Review Purposes Prior to Recording
• Copy of Deed as Recorded in County Recorder’s Office
• Copy of Escrow Closure Notice
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EXHIBIT L

PROJECT MONITORING PLAN GUIDANCE
Introduction
For each project contained in Exhibit A, please include a brief description of the project (maximum ~150 words) including project location, implementation elements, need for the project (what problem will the project address) and responds to the requirements listed below.

Project Monitoring Plan Requirements
The Project Monitoring Plan shall contain responses to the following questions:
• What are the anticipated project physical benefits?
• What are the corresponding numeric targets for each project benefit? • How will proposed numeric targets be measured?
• What are baseline conditions?
• When will the targets be met (e.g., upon project completion, five years after completion)? • How often will monitoring be undertaken (e.g., monthly, yearly). • Where are monitoring point locations (e.g., meter located at…, at stream mile…)? Include relevant maps.
• How will the project be maintained (e.g., irrigation, pest management, weed abatement)? • What will be the frequency and duration of maintenance proposed activities? • Are there any special environmental considerations (e.g., resource agency requirements, permit requirements, CEQA/NEPA mitigation measures)?
• Who is responsible for collecting the samples (i.e., who is conducting monitoring and/or maintenance)?
• How, and to whom, will monitoring results be reported (e.g., paper reports, online databases, public meetings)?
• What adaptive management strategies will be employed if problems are encountered during routine monitoring or maintenance?
• What is the anticipated life of the project?
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EXHIBIT M

INVOICE GUIDANCE FOR ADMINISTRATIVE AND OVERHEAD CHARGES The funds provided pursuant to this Agreement may only be used for costs that are directly related to the funded Project. The following provides a list of typical requirements for invoicing, specifically providing guidance on the appropriate methods for invoicing administrative and direct overhead charges.

Administration Charges
Indirect and General Overhead (i.e., indirect overhead) charges are not an allowable expense for reimbursement. However, administrative expenses that are apportioned directly to the project are eligible for reimbursement. Cost such as rent, office supplies, fringe benefits, etc. can be “Direct Costs” and are eligible expenses as long as:
• There is a consistent, articulated method for how the costs are allocated that is submitted and approved by the Grant Manager. The allocation method must be fully documented for auditors. • A “fully-burdened labor rate” can be used to capture allowable administrative costs. • The administrative/overhead costs can never include:
o Non-project specific personnel and accounting services performed within the Grantee or an LPS’ organization
o Markup
o Tuition
o Conference fees
o Building and equipment depreciation or use allowances • Using a general overhead percentage is never allowed
Labor Rates
The Grantee must provide DWR with supporting documentation for personnel hours (see personnel billing rates letter in example invoice packet). The personnel rate letter should be submitted to the DWR Grant Manager prior to submittal of the first invoice. The supporting documentation must include, at a minimum, employee classifications that will reimbursed by grant funds and the corresponding hourly rate range. These rates should be “burdened”; the burdened rate must be consistent with the Grantee’s/Local Project Sponsors standardized allocation methodology. The supporting documentation should also provide an explanation of what costs make up the burdened rate and how those costs were determined. This information will be used to compare against personnel hours summary table invoice back up documentation. Periodic updates may be needed during the life of the grant which would be handled through a revised billing rate letter.

DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 295 514
Certificate Of Completion
Envelope Id: 75B7F2A0D9F34102A11BC17C93EF9220 Status: Completed Subject: Complete with DocuSign: 4600015401 Agreement.pdf FormID:

Optional 1:

Source Envelope:

Document Pages: 53 Signatures: 3 Envelope Originator:

Certificate Pages: 6 Initials: 0 Graber, Lana
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
715 P Street
Sacramento, CA 95814
[email protected]
IP Address: 136.200.53.18
Record Tracking
Status: Original
2023/10/23 | 15:11
Holder: Graber, Lana
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Department of Water Resources Location: DocuSign Signer Events Signature Timestamp
Muzaffar Eusuff
[email protected]
Supervising Engineer
Department of Water Resources
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 136.200.53.19
Sent: 2023/10/23 | 15:46
Viewed: 2023/10/23 | 15:47
Signed: 2023/10/23 | 15:49
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Doug Schulze
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 47.180.127.242
Sent: 2023/10/23 | 15:49
Viewed: 2023/10/31 | 08:07
Signed: 2023/10/31 | 08:07
Electronic Record and Signature Disclosure:

Accepted: 2023/10/31 | 08:07
ID: 884b4f24-0fca-4e20-a1a3-9ed2fb6ea927
James Herink
[email protected]
Attorney IV
Department of Water Resources
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 73.2.6.220
Sent: 2023/10/31 | 08:07
Viewed: 2023/10/31 | 08:37
Signed: 2023/10/31 | 08:37
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Arthur Hinojosa
[email protected]
Manager, Division of Regional Assistance
Department of Water Resources
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 12.40.109.47
Sent: 2023/10/31 | 08:37
Viewed: 2023/10/31 | 08:54
Signed: 2023/10/31 | 08:55
Electronic Record and Signature Disclosure:
296 515
Signer Events Signature Timestamp
Accepted: 2019/02/13 | 12:04
ID: 06486c94-6b1f-485f-a887-d0624ad04d23
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Desiree Ramirez
[email protected]
senior Environmental Scientist
Department of Water Resources
Security Level: Email, Account Authentication
(None)
Using IP Address: 136.200.53.16
Sent: 2023/10/23 | 15:18
Viewed: 2023/10/23 | 15:46
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Arturo Vela
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Electronic Record and Signature Disclosure created on: 2018/10/17 | 11:08 Parties agreed to: Doug Schulze, Arthur Hinojosa, Arturo Vela 299 518
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Via Electronic Mail
May 8, 2025
Art Vela
Public Works Director
City of Banning
99 E. Ramsey Street
Banning, CA 92220
Re: Amendment Request 2 for San Gorgonio IRWM Region Proposition 1, Round 2 IRWM Implementation Grant Support
Dear Mr. Vela:

Woodard & Curran is pleased to submit this amendment request (Amendment 2) to the City of Banning, as contracting agency for the San Gorgonio Integrated Regional Water Management (IRWM) Region, to extend the grant administration services scope of work for the existing Proposition 1, Round 2 IRWM Implementation Grant Support project. Woodard & Curran prepared and submitted a grant application that was awarded approximately $1.9 million from California Depart of Water Resources under the Proposition 1 Round 2 IRWM grant cycle, and has been providing grant administration support for the projects included in the application since 2023.

BACKGROUND
The San Gorgonio IRWM Region’s Proposition 1 Round 2 grant application included three projects, and was projected to span a total of 30 months, including final grant reporting. Due to project delays, the grant schedule (including grant completion reporting) was extended to March 2026. Project 2 Esperanza Street Waterline Improvements was completed in Fall 2024, while Project 1 Twin Pines Water Supply Reliability and Fire Protection Upgrades and Project 3 Lions Park Recycled Water Conversion Project are on-going, with anticipated completion dates in September 2025 and January 2026, respectively. DWR requires that IRWM-funded projects prepare and submit progress reports and invoices quarterly, followed by a completion report at the end of the project. Once all projects have filed their completion reports, a grant completion report is required, typically submitted 3 months after the last project completion report.

Under the previously approved Amendment 1, which added grant administration services, Woodard & Curran provided the first year of grant administration, which started in late 2023.

This amendment request would extend grant administration services through March 2026, and add additional budget to cover costs for the second year of grant administration services.

Remaining Grant Administration activities after December 2024 include:
• Project 1: Quarterly Reports and Invoices for work through June 2025 (Q4 2024, Q1 2025, Q2 2025); Draft and Final Project Completion Report • Project 2: Final Project Completion Report
302

City of Banning 2 Woodard & Curran, Inc.

SGIRWM Prop 1 Round 2 Amendment 2 May 8, 2025
• Project 3: Quarterly Reports and Invoices for work through September 2025 (Q4 2024, Q1 2025, Q2 2025, Q3 2025), Draft and Final Project Completion Report • Grant Administration: Grant Completion Report
Costs for grant administration services are eligible for reimbursement by the Proposition 1 Round 2 grant. The grant will fund up to $114,462 in grant contract administration costs. Todate, Woodard & Curran has billed the City of Banning $38,703 for grant contract administration costs, leaving $75,758 left in the grant for administration services. Woodard & Curran is requesting additional budget, to be funded by the grant, to cover costs incurred after the first year of grant admin ended in December 2025 and the costs to administer the grant through the grant completion report in March 2026.

SCOPE OF SERVICES
The proposed Scope of Services includes 3 subtasks, to be included as a new Task 6 Grant Administration – Year 2 under the existing contract, and will cover work through March 2026.

Task 6: Grant Administration – Year 2
Subtask 6.1: Project Management and Coordination
Woodard & Curran will assist the City of Banning on coordinating with the Local Project Sponsors (LPS) to request information and address questions from DWR. Woodard & Curran will meet with DWR and City staff as needed to discuss grant progress or potential changes to projects and schedules that may be requested by LPS. This task also includes project management and invoicing activities.

Deliverables:
• Monthly progress reports and invoices
Subtask 6.2: Project Progress Reports and Invoices
Woodard & Curran will request project updates from the LPS prior to each quarterly reporting deadline. Once information is received from the LPS, Woodard & Curran will review the progress report to confirm it aligns with the scope of the project as described in the grant agreement, and will confirm that invoice costs are both eligible and accurate. Woodard & Curran will compile the progress reports and invoices into a package for submittal to DWR.

These progress reports and invoices will be completed quarterly in accordance with the grant agreement schedule. Woodard & Curran will address comments from DWR on the submitted quarterly reports and invoices, as needed.

This task assumes 4 quarterly progress reports and invoices per project per year, through the end of 2025. Woodard & Curran will prepare an amendment should projects be delayed and require additional quarterly reports beyond the end of 2025.

Deliverables:
• Quarterly Progress Report and Invoice package (4 quarterly reports) 303

City of Banning 3 Woodard & Curran, Inc.

SGIRWM Prop 1 Round 2 Amendment 2 May 8, 2025
Subtask 6.3: Project and Grant Completion Reports
Woodard & Curran will review draft Project Completion Reports for each of the project sponsors, adjust as needed, and upload to DWR’s GRaNTS reporting system. Woodard & Curran will facilitate revisions to the project completion reports with the Local Project Sponsors following receipt comments from DWR. Once revised, Woodard & Curran will re-submit to DWR for final approval.

Following submittal of the final Project Completion Report, Woodard & Curran will draft a Grant Completion Report based on the project completion reports and grant administration work completed over the life of the grant.

Deliverables:
• Draft Project Completion Reports (x2 projects)
• Final Project Completion Reports (x3 projects)
• Grant Completion Report
Subtask 6.4: Grant Amendments
In the event of project changes that necessitate an amendment to the DWR agreement, Woodard & Curran will coordinate with the project sponsor to prepare an amendment request to DWR and will hold one call with DWR per amendment request to coordinate approval and address questions.

This task assumes that no more than 2 amendment requests will be required.

Deliverables:
• Amendment Request (up to 2)

SCHEDULE
Woodard & Curran can begin work immediately following approval of this amendment.

Progress reports and invoices will be prepared quarterly. The duration of this scope and budget is though March 2026, covering four quarterly submittals to DWR and the Grant Completion Report.

BUDGET
Woodard & Curran proposed to complete this scope for an amount not-to-exceed $49,005 (see Budget Amendment attached). This would increase the total value of the contract to $123,141. The entire value of this amendment is anticipated to be eligible for grant reimbursement. The cost for Woodard & Curran’s work will be on a time-and-materials basis. 304

City of Banning 4 Woodard & Curran, Inc.

SGIRWM Prop 1 Round 2 Amendment 2 May 8, 2025

TERMS AND CONDITIONS
The Scope of Services will be completed in accordance with the terms of the Consultant/Professional Services Agreement between Woodard & Curran, Inc. and City of Banning.

CLOSING
We greatly appreciate this opportunity to continue to provide grant administration support to the City and the San Gorgonio IRWM Region in achieving its important funding goals. Sally Johnson will continue to serve as Project Manager ([email protected], 858-875- 7427).

Sincerely,
WOODARD & CURRAN, INC.

Sally Johnson Inken Mello
Water Resources Planner Senior Client Manager
Enclosure(s)
cc: Budget Amendment
305
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Amendment 2: Budget Amendment Request
Task Description Budget
Amount
Spent ToDate
Funds
Remaining
Budget
Change
Request
Amended
Task Total
Task 1: Project Management $6,552.50 $6,553 $0 $0 $6,552.50 Task 2: Project Selection and Pre-Application Workshop Coordination $5,360.00 $5,360 $0 $0 $5,360.00 Task 3: Application Preparation and Submittal $23,370.00 $23,370 $0 $0 $23,370.00 Task 4: Post-Submittal Support $150.00 $150 $0 $0 $150.00 Task 5: Grant Administration $38,703.50 $38,703.50 $0 $0 $38,703.50 New Task – Task 6: Grant Administration Year 2 $0 $0 $0 $49,005 $49,005 TOTAL $74,136.00 $74,136 $0 $49,005 $123,141
306

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: June 24, 2025
SUBJECT: Consideration of Resolution 2025-93, Adopting the City of Banning Electric Utility 2024 Wildfire Mitigation Plan
RECOMMENDATION:

Adopt Resolution 2025-93.

BACKGROUND:

In 2018, the California Public Utilities Commission (CPUC) completed the development of the statewide Fire Threat Map that designates areas of the State at an elevated risk of electric line-ignited wildfires.

This updated map incorporated historical fire data, fire-behavior modeling, and assessments of fuel, weather modeling, and a host of other factors. The map development and approval process involved detailed review by the relevant utility staff and local fire officials, a peer review process, and ultimate approval by a team of technical experts led by CAL Fire.

The CPUC’s Fire Threat Map includes three Tiers/Levels of fire threat risk. Tier 1 consists of areas that have the lowest hazards and risks. Tier 2 consists of areas where there is an elevated risk for destructive electric line-ignited wildfires. Finally, Tier 3 consists of areas where there is an extreme risk for destructive electric line-ignited wildfires.

In 2018, Governor Brown signed SB 901 (stats. 2018), which addressed a wide range of issues relating to wildfire prevention, response, and recovery. SB 901 substantially revised the Public Utilities Code Section 8387, eliminating the prior process established by SB 1028 and instead mandated all Publicly Owned Utilities (POUs) to develop a wildfire mitigation plan (WMP). SB 901 required that POUs present their WMP at an appropriately noticed public meeting and receive public comment every year. The POU must also verify that the WMP complies with all applicable rules, regulations, and standards.

In 2019, another Senate Bill, SB 1054, required that all POUs must submit their wildfire prevention and mitigation plans updates to the California Wildfire Safety Advisory Board (WSAB) in each year. WSAB will then review the POU plans and will provide comments and advisory opinions on the content and sufficiency of the plan.

JUSTIFICATION:

The primary goal of City of Banning Electric Utility (BEU's) Wildfire Mitigation Plan (WMP) is to describe BEU’s existing programs, practices, and measures that effectively reduce the probability that BEU’s electric system could be the origin or contributing source for the ignition of a wildfire. The attached WMP has been updated and meets all the required criteria in Section 8387 of the Public Utility Code.

Furthermore, BEU is required to meet the requirements of SB 901 by presenting the 2024 update of the 307
WMP at an appropriately noticed public meeting and receive any public comment, as required by state law.

FISCAL IMPACT:

There are no fiscal impacts to updating and resubmitting the Banning Electric Utility's Wildfire Mitigation Plan. The costs of implementation are unknown and dependent upon the degree of fire mitigation efforts needed to protect residents, businesses, and property throughout the service territory. Approval of Resolution 2025-XXX and adoption of the City of Banning Electric Utility Wildfire Mitigation Plan - 2024 update allows the City of Banning to become eligible for Federal and State Wildfire mitigation and prevention funds.

ALTERNATIVES:

Do not approve and provide alternate direction.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2025-93, Wildfire Mitigation Plan.docx

2. Exhibit A - BEU 2025 Wildfire Mitigation Plan
308
Resolution 2025-93

Page 1 of 4 ends

RESOLUTION 2025-93

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, ADOPTING THE CITY OF BANNING ELECTRIC UTILITY 2025 WILDFIRE MITIGATION PLAN WHEREAS, the City of Banning is a general law municipality governed by elected city council members; and
WHEREAS, City of Banning owns and operates a retail electrical energy distribution system which serves load to end-use customers in an assigned area of service; and WHEREAS, SB 901, amending California Public Utilities Code (“CPUC”) Section 8387, requires all POUs to prepare a wildfire mitigation plan before January 1, 2020, and annually thereafter; and
WHEREAS, SB 1054, amending CPUC Section 8387, requires each POU to submit its wildfire mitigation plan to the California Wildfire Safety Advisory Board (WSAB”) by July 1, 2020, and every annually thereafter; and
WHEREAS, pursuant to California Public Utilities Code Section 326.2, WSAB reviews Banning Electric Utility’s Wildfire Mitigation Plan annually and provides comments and advisory opinions on the content and sufficiency of the plan; and WHEREAS, WSAB requires that City of Banning Electric Utility (“Utility”) and all other Publicly-Owned Utilities must have their Wildfire Mitigation Plans adopted following a formal public comment process; and
WHEREAS, Utility staff will submit the 2025 Wildfire Mitigation Plan adopted this day by Banning City Council to the California Wildfire Safety Advisory Board.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning, California, declares, determines, and orders as follows:

SECTION 1. The City Council approves the Banning Electric Utility’s 2025 Wildfire Mitigation Plan and authorizes the City Manager or his designees to implement the mitigation measures documented in the plan.

SECTION 2. The City Clerk shall certify to the adoption of this Resolution and shall cause a certified resolution to be filed in the book for original resolutions.

PASSED, APPROVED, AND ADOPTED this 24th day of June, 2025.

Sheri Flynn, Mayor
City of Banning
309
Resolution 2025-93

Page 2 of 4 ends

ATTEST:

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

John Pinkney, Interim City Attorney
Slovak Baron Empey Murphy & Pinkney
LLP
310
Resolution 2025-93

Page 3 of 4 ends

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-93, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 24th day of June, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
311
Resolution 2025-93

Page 4 of 4 ends

EXHIBIT A
City of Banning Electric Utility 2025 Wildfire Mitigation Plan 312

CITY OF BANNING ELECTRIC UTILITY

WILDFIRE

MITIGATION
PLAN
2025 PLAN
Presented to the City Council
June 24, 2025
313
Banning Electric Utility Wildfire Mitigation Plan
June 2025
2 TABLE OF CONTENTS
I. Overview .............................................................................................................................................. 4 A. Policy Statement............................................................................................................................ 4 B. Purpose of the Wildfire Mitigation Plan ....................................................................................... 4 C. Organization of the Wildfire Mitigation Plan............................................................................... 4 II. Objectives of the Wildfire Mitigation Plan ...................................................................................... 14 A. Minimizing Sources of Ignition..................................................................................................... 14 B. Resiliency of the Electric Grid..................................................................................................... 14 C. Identifying Unnecessary or Ineffective Actions........................................................................ 14 III. Roles and Responsibilities............................................................................................................ 15 A. Utility Governance Structure ...................................................................................................... 15 B. WILDFIRE PREVENTION ................................................................................................................. 16 C. WILDFIRE RESPONSE AND RECOVERY ........................................................................................ 17 D. Coordination with Water Utilities/Department......................................................................... 17 E. Coordination With Communication Infrastructure Providers .................................................16 F. Standardized Emergency Management System .................................................................... 17 IV. Wildfire Risks and Drivers associated with design, construction, operation, and maintenance ............................................................................................................................................ 22 A. Particular Risks and Risk Drivers Associated With Topographic and Climatological Risk Factors.................................................................................................................................................... 22 B. Enterprisewide Safety Risks ......................................................................................................... 26 C. Changes to CPUC Fire Threat Map ........................................................................................... 27 V. Wildfire Preventative Strategies ................................................................................................. 28 A. High fire threat district ................................................................................................................. 28 314
Banning Electric Utility Wildfire Mitigation Plan
June 2025
3 B. Weather Monitoring .................................................................................................................... 28 C. Design and Construction Standards ......................................................................................... 29 D. Vegetation Management.......................................................................................................... 29 E. Inspections.................................................................................................................................... 33 F. Workforce training ....................................................................................................................... 34 G. Reclosing Policy ........................................................................................................................... 34 H. De-energization ........................................................................................................................... 35

1. Impacts to public safety......................................................................................................... 37

2. Customer Notification Protocols............................................................................................ 37 VI. Community Outreach and Public Awareness......................................................................... 38 VII. Restoration of Service.................................................................................................................. 39 VIII. Evaluating of the Plan ................................................................................................................. 40 A. Metrics and Assumptions for Measuring Plan Performance...................................................40 Metric 1: Fire Ignitions........................................................................................................................ 40 Metric 2: Wires Down......................................................................................................................... 40 B. Impact of Metrics on Plan........................................................................................................... 41 C. Monitoring and Auditing the Plan ............................................................................................. 41 D. Identifying and correcting Deficiencies in the Plan................................................................ 41 E. Monitoring the effectiveness of inspections............................................................................. 42 IX. Summary ....................................................................................................................................... 43 315
Banning Electric Utility Wildfire Mitigation Plan
June 2025
4 I. OVERVIEW
A. POLICY STATEMENT
Banning Electric Utility’s (BEU) overarching goal is to provide safe, reliable, and economic electric service to its local community. In order to meet this goal, BEU constructs, maintains, and operates its electrical lines and equipment in a manner that minimizes the risk of catastrophic wildfire posed by its electrical lines and equipment.

B. PURPOSE OF THE WILDFIRE MITIGATION PLAN
This Wildfire Mitigation Plan describes the range of activities that BEU is taking to mitigate the threat of power-line ignited wildfires, including its various programs, policies, and procedures. This plan is subject to direct supervision by the Banning City Council and is implemented by the BEU Electric Utility Director. This plan complies with the requirements of Public Utilities Code section 8387 for publicly owned electric utilities to prepare a wildfire mitigation plan by January 1, 2020, and annually thereafter.

BEU is a department within the City of Banning. The City of Banning contracts with CAL Fire/Riverside County Fire Department for all fire department related services. BEU has collaborated with the City’s fire prevention personnel to compile a program for patrol and vegetation clearance within the City and Utility’s territory that is most susceptible to wildfire. BEU and CAL Fire have identified the utility poles that are within the high fire threat district within BEU’s service territory. Since this identification was made, BEU has dedicated service crews to patrolling these areas while also utilizing on-call vegetation management services to ensure that the overhead conductors are clear from as many possible impacts.

CAL Fire creates its own fire-fighting plan for areas within the state’s responsibility as well as within Banning city limits due to CAL Fire being the city’s contracted Fire Agency. This plan was developed utilizing information about higher risk areas identified within the State Fire Map.

In this plan revision, BEU continued the use of the original California Municipal Utilities Association (CMUA) template, however adding elements from the recommended California Wildfire Safety Advisory Board’s (WSAB) model comprehensive revision template. BEU has also considered the specific recommendations and has implemented changes where applicable. BEU may consider a major change to the template for future plan updates based on the information that will be required to present.

C. ORGANIZATION OF THE WILDFIRE MITIGATION PLAN
Senate Bill 1028 requires all electric utilities to construct, maintain and operate its electrical lines and equipment in a manner that minimizes the risk of wildfire posed by this equipment. SB 1028 (that modifies an earlier wildfire mitigation bill, SB 901) and AB 1054 requires each POU develop 316
Banning Electric Utility Wildfire Mitigation Plan
June 2025
5 and submit a Wildfire Mitigation Plan (WMP) to a new state agency, named the California Wildfire Safety Advisory Board (WSAB), for review and approval by July 1st each year.

Table 1 below indicates the statutory requirements of PUC 8387(b) with corresponding sections within this plan that addresses each requirement:

Table 1 Statutory Requirements of the Plan
PUC 8387
Requirement
Statutory Language Location in WMP
(b)(2)(A) An accounting of the responsibilities of persons responsible for executing the plan.

Section [III], page 15
(b)(2)(B) The objectives of the wildfire mitigation plan. Section [II], page 14 (b)(2)(C)
A description of the preventive strategies and programs to be adopted by the local publicly owned electric utility or electrical cooperative to minimize the risk of its electrical lines and equipment causing catastrophic wildfires,
including consideration of dynamic climate change risks. Section [V], page 28 (b)(2)(D)
A description of the metrics the local publicly owned
electric utility or electrical cooperative plans to use to evaluate the wildfire mitigation plan’s performance and the assumptions that underlie the use of those metrics. Section [VIII(A)], page 40
(b)(2)(E)
A discussion of how the application of previously identified metrics to previous wildfire mitigation plan performances has informed the wildfire mitigation plan. Section [VIII(E)], page 42
(b)(2)(F)
Protocols for disabling reclosers and deenergizing portions of the electrical distribution system that consider the associated impacts on public safety, as well as protocols related to mitigating the public safety impacts of those protocols, including impacts on critical first responders and on health and communication infrastructure.

Section[V(G-H)],
page 35
317
Banning Electric Utility Wildfire Mitigation Plan
June 2025
6 (b)(2)(G)
Appropriate and feasible procedures for notifying a
customer who may be impacted by the deenergizing
of electrical lines. The procedures shall consider the
need to notify, as a priority, critical first responders, health care facilities, and operators of
telecommunications infrastructure.

Section [IV(A)],
page 23
(b)(2)(H) Plans for vegetation management. Section [V(D)], page 28
(b)(2)(I)
Plans for inspections of the local publicly owned
electric utility’s or electrical cooperative’s electrical infrastructure.

Section [V(E)],
page 31
(b)(2)(J)
A list that identifies, describes, and prioritizes all wildfire risks, and drivers for those risks, throughout the local publicly owned electric utility’s or electrical
cooperative’s service territory. The list shall include, but not be limited to, both of the following:
(i) Risks and risk drivers associated with design,
construction, operation, and maintenance of the
local publicly owned electric utilities or electrical
cooperative’s equipment and facilities.
(ii)Particular risks and risk drivers associated with
topographic and climatological risk factors
throughout the different parts of the local publicly
owned electric utility’s or electrical cooperative’s
service territory.

Section [IV],
page 21
(b)(2)(K)
Identification of any geographic area in the local
publicly owned electric utility’s or electrical
cooperative’s service territory that is a higher wildfire threat than is identified in a commission fire threat
map, and identification of where the commission
should expand a high fire threat district based on new
information or changes to the environment.

Section [IV(A)],
page 23
318
Banning Electric Utility Wildfire Mitigation Plan
June 2025
7 In 2018 the CPUC completed the development of the statewide Fire Threat Map, also known as Fire Map 2 (Figure 1), that designates areas of the state at an elevated risk of electric line-ignited wildfires. This updated map incorporated historical fire data, fire-behavior modeling, and assessments of fuel, weather modeling, and host of other factors. The map development and approval process involved detailed review by the relevant utility staff and local fire officials, a peer review process, and ultimate approval by a team of technical experts led by CAL Fire.

The CPUC’s Fire Threat Map includes three Tiers/Levels of fire threat risk. Tier 1 consists of areas that have the lowest hazards and risks. Tier 2 consists of areas on the CPUC Fire Threat Map where there is an elevated risk for destructive utility-associated wildfires. Finally, Tier 3 consists of areas on the CPUC Fire-Threat Map where there is an extreme risk for destructive utility-associated wildfires.

SB 1028 was enacted prior to the adoption of the CPUC’s Fire Threat Map and does not reference the tiers of fire risk. However, BEU staff believe that the Fire Threat Map is the best source of data for determining whether there is significant risk of wildfire resulting from electrical lines or (b)(2)(L) A methodology for identifying and presenting
enterprise wide safety risk and wildfire-related risk.

Section [IV(B)],
page 30
(b)(2)(M) A statement of how the local publicly owned electric utility or electrical cooperative will restore service after a wildfire.

Section [VII],
page 39
(b)(2)(N) A description of the processes and procedures the local publicly owned electric utility or electrical
cooperative shall use to do all of the following.
(i) Monitor and audit the implementation of the
wildfire mitigation plan.
(ii) Identify any deficiencies in the wildfire
mitigation plan or its implementation and
correct those deficiencies.
(iii) Monitor and audit the effectiveness of electrical line and equipment inspections, including
inspections performed by contractors that are
carried out under the plan, other applicable
statutes, or commission rules.

Section [VIII(C)],
page 41
319
Banning Electric Utility Wildfire Mitigation Plan
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8 equipment. The Fire Threat Map incorporates historical fire data and received extensive input from electric utility staff and fire officials.

The CPUC’s Fire Threat Map (Figure 2) for BEU identifies four primary areas of wildfire potential within Banning, a Tier 2 threat level within the site of the Rancho San Gorgonio Development, a tier 2 level in East Banning north and South of the Banning Airport, a Tier 2 threat level within the Communication Hill and Gilman Ranch areas, and a Tier 3 threat level in the Banning Canyon and Mias Canyon areas. There is also a short stretch of transmission line (0.9 miles long) in an open area south of the I-10 Freeway between Sunset Avenue and South Highland Home Road that is in a Tier 2 threat level area.
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Banning Electric Utility Wildfire Mitigation Plan
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9 Figure 1 - CPUC Fire Map 2
321
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10 Figure 2 - CPUC Fire Map 2 BEU Service Territory
Conversely, the CALFIRE - Office of the State Fire Marshal (OSFM) had also developed a map in 2008 and then revised in 2012, also known as the Fire Hazard Severity Zone (FHSZ) Map, that depicts areas of California where there is an elevated hazard for the ignition and rapid spread of powerline fires due to strong winds, abundant dry vegetation, and other environmental conditions.

During this period of plan evaluation, the FHSZ map was revised once again based on updated information within the State Responsibility Areas only, as the Local Responsibility Areas remained unchanged. The map below (Figure 3) identifies areas of wildfire potential within Banning’s Local Responsibility Area. Banning and Mias Canyon areas, a portion of area along the boundary of 322
Banning Electric Utility Wildfire Mitigation Plan
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11 North Hathaway Street, areas near Gilman Ranch, and an area in southeast Banning south of Wesley Street and Smith Creek as Very High Fire Hazard Severity Zones (VHFHZs).

The OSFM has updated the map on March 24, 2025, and issued the 2025 Recommended Local Responsibility Area (LRA) FHSZ maps for City of Banning. Assembly Bill 211 requires local agencies to adopt Moderate, High, and Very High FHSZ designations within 120 days of OSFM recommendations. The City of Banning will be required, through Ordinance, to adopt this map and send the Ordinance to the Board of Forestry. BEU will include the updated map as a supplemental exhibit into its Wildfire Mitigation Plan as this process is completed.

Figure 3 FHSZ Map - BEU Service Territory, Local and State Responsibility Areas 323
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12 D. INFORMATION ABOUT THE UTILITY
Utility Name Banning Electric Utility
Service Territory Size 23 square miles
Owned Assets ☒ Transmission ☒ Distribution ☐ Generation Number of Customers
Served
13,650 customer accounts
Population Within Service
Territory
32,916 residents, per most recent census data
Customer Class Makeup
Number of Accounts Share of Total Load (MWh)
88% Residential
1% Government
1% Agricultural
8% Small/Medium Business
2% Commercial/Industrial
52% Residential
4% Government
1% Agricultural
21% Small/Medium Business
22% Commercial/Industrial
Service Territory
Location/Topography15
26% Shrub
74% Urban
Service Territory
Wildland Urban
Interface16
(based on total area)
36% Wildland Urban Interface
23% Wildland Urban Intermix
Percent of Service
Territory in CPUC High
Fire Threat Districts
(based on
total area)
☒Includes maps
Tier 2: 22%
Tier 3: 15%
Prevailing Wind
Directions & Speeds by
Season
East/west directional wind, primarily beginning late fall and lasting thru early spring.

Miles of Owned
Lines Underground
and/or Overhead
Overhead Dist.: 79 miles
Overhead Trans.: 12 miles
Underground Dist.: 85 miles
Underground Trans.: 4 miles
Explanatory Note 1 - Methodology for Measuring “Miles”: Circuit miles Explanatory Note 2 – Description of Unique Ownership Circumstances:

None
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13 Explanatory Note 3 – Additional Relevant Context: None Percent of Owned Lines
in CPUC High Fire Threat
Districts
Overhead Distribution Lines as % of Total Distribution System (Inside and Outside Service Territory)
Tier 2: 2%
Tier 3: 4%
Overhead Transmission Lines as % of Total Transmission System (Inside and Outside Service Territory)
Tier 2: 12% (34.5kV is characterized as Sub-Transmission) Tier 3: 0%
Explanatory Note 4 – Additional Relevant Context: None
Customers have ever
lost service due to an

IOU PSPS
event?
☐ Yes ☒ No
Customers have ever
been notified of a
potential loss of service
to due to a forecasted

IOU PSPS
event?
☐ Yes ☒ No
Has developed
protocols to preemptively shut off
electricity in response to
elevated wildfire risks?
☐ Yes ☒ No
Has previously preemptively shut off
electricity in response to
elevated wildfire risk?
☐ Yes ☒ No
If yes, then provide the following data for calendar year 2024:

Number of shut-off events: 0
Customer Accounts that lost service for >10 minutes: 0
For prior response, average duration before service restored: Not applicable
Table 2 Statutory Requirements of the Plan
1 This data shall be based on the California Department of Forestry and Fire Protection, California MultiSource Vegetation Layer Map, depicting WHR13 Types (Wildlife Habitat Relationship classes grouped into 13 major land cover types) available at:
https://www.arcgis.com/home/item.html?id=b7ec5d68d8114b1fb2bfbf4665989eb3 2 This data shall be based on the definitions and maps maintained by the United States Department of Agriculture, as most recently assembled in the 2020 Wildland-Urban Interface of the Conterminous United States, available at https://data-usfs.hub.arcgis.com/documents/usfs::wildland-urban-interface-2020-map-service/explore 325
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14 II.OBJECTIVES OF THE WILDFIRE MITIGATION PLAN
A. MINIMIZING SOURCES OF IGNITION
The primary goal of this Wildfire Mitigation Plan is to minimize the probability that BEU’s transmission and distribution system may be the origin or contributing source for the ignition of a fire. BEU has evaluated the prudent and cost-effective improvements to its physical assets, operations, and training that can help to meet this objective. BEU will implement those changes consistent with this evaluation.

B. RESILIENCY OF THE ELECTRIC GRID
The secondary goal of this Wildfire Mitigation Plan is to improve the resiliency of the electric grid.

As part of the development of this plan, BEU assesses new industry practices and technologies that will reduce the likelihood of an interruption (frequency) in service and improve the restoration (duration) of service.

C. IDENTIFYING UNNECESSARY OR INEFFECTIVE ACTIONS
The final goal for this Wildfire Mitigation Plan is to measure the effectiveness of specific wildfire mitigation strategies. Where a particular action, program component, or protocol is determined to be unnecessary or ineffective, BEU will assess whether a modification or replacement is merited.

This plan will also help determine if more cost-effective measures would produce the same or improved results.
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15 III. ROLES AND RESPONSIBILITIES
A. UTILITY GOVERNANCE STRUCTURE
The individuals in the flow chart below are responsible for executing the Wildfire Mitigation Plan Responsibilities of BEU Management
The BEU staff that have explicit responsibilities for wildfire prevention activities include:

Deputy Electric Utility Director: Assumes overall responsibility for BEU’s planning and mitigation activities, including maintaining compliance with state and federal safety and operating requirements. Certain tasks are delegated through the Business Support Manager for financing and budgeting of wildfire resiliency projects.

Electric Operations Manager: Responsible for the safe operation of the BEU’s 34.5kV, 12.47 kV, and service level voltage lines and equipment. The Electric Operations Manager supervises the BEU’s linemen and is primarily responsible for ensuring that the lines are inspected, and a data base of pole and equipment inspections and O&M is maintained. The Electric Operations Manager is responsible for safety programs, including wildfire prevention training and evaluation and Program Owner
Deputy Electric Utility
Director
Mitigation Initiatives
Electrical Engineering
Manager/Supervisor
System Operations and
Maintenance - Risk,
Meterics, and Other Data
Electric Operations
Manager
Public Safety & Outreach
Powerline Superintendent
and CORE Manager
Department Plan
Administrator - Adherence
to Statutory Requirements
Electrical Engineering
Manager/Supervisor
Budgeting and Finance
Business Support Manager
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16 installation of new protective equipment to reduce fire risk. This task may also be delegated to BEU’s Powerline Superintendent.

Electrical Engineering Manager: Responsible for the reliable operation of the BEU’s 34.5 kV transmission system and BEU’s six 34.5/12.47 kV substations as well as maintaining system resiliency programs. This individual maintains compliance with federal, state and local fire management personnel to ensure that appropriate preventive measures are in place. This task may be delegated to the Electrical Engineering Supervisor or Electric Operations Manager in absence of the Electrical Engineering Manager.

Electrical Engineering Supervisor: Responsible for management of the WMP, tracking of wildfire mitigation efforts, leads research of new technological developments related to wildfire mitigation, acts as the liaison between BEU and other stakeholders of the WMP. The Electrical Engineering Supervisor also manages the design and analysis functions of the electric distribution system.

Power Resources and Revenue Administrator: Manages the resource adequacy for the Utility.

Analyzes the effect that wildfire protection and prevention projects and mitigation activities will have rates and revenues.

B. WILDFIRE PREVENTION
BEU’s overall responsibility is to provide safe, reliable and sustainable and energy to its customers.

The main responsibilities of BEUs’ wildfire prevention objective include:
• Operating system in a manner that will minimize potential wildfire risks. • Taking all reasonable and practicable actions to minimize the risk of a catastrophic wildfire caused by BEU electric facilities.
• Coordinating with federal, state, and local fire management personnel as necessary or appropriate to implement BEU’s Wildfire Mitigation Plan. • Immediately reporting fires, pursuant to existing BEU practices and the requirements of this Wildfire Mitigation Plan.
• Taking corrective action when the staff witnesses or is notified that fire protection measures have not been properly installed or maintained.
• Complying with relevant federal, state, and industry standard requirements, including the industry standards established by the California Public Utilities Commission. • Collecting and maintaining wildfire data necessary for the implementation of this Wildfire Mitigation Plan.
• Providing regular training programs for all employees having obligations for implementation of this Wildfire Mitigation Plan.

BEU has evaluated practical and feasible improvements to its physical assets to reduce the fire hazard due to BEU’s equipment. BEU’s response has been to:
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17 • significantly increase vegetation removal in the elevated threat areas; • increase the number of patrols during red-flag periods to check for downed lines and broken or damaged poles and cross-arms;
• install expulsion-limiting fuses and avian protection at pole connections as a standard practice, and
• pilot a project to inspect and take inventory of all the 12.47 kV and 34.5/69 kV circuits which will aid in the adoption of a more rigorous inspection program for circuits located in the elevated threat areas.

C. WILDFIRE RESPONSE AND RECOVERY
Whether or not Banning’s Emergency Operations Plan is put into action, BEU emergency respondents have an obligation to communicate directly with local field level emergency response personnel as well as with local government officials during an apparent emergency event.

BEU staff have the following obligations regarding fire prevention, response and investigation:
• Take all reasonable and practicable actions to prevent and suppress fires resulting from BEU electric facilities.
• Follow BEU protocols during Red Flag Warnings.

D. COORDINATION WITH WATER UTILITIES/DEPARTMENT
BEU coordinates either directly with the Water/Wastewater Superintendent regarding information and implementation of strategies directly related to wildfire mitigation efforts. This communication would usually be elevated to the Public Works Director who oversees the Water/Wastewater Division during an actual wildfire event to ensure that all levels of management are informed of mitigation procedures and any fire-fighting activity that may be present within City limits that may affect power to water/wastewater resources.

E. COORDINATION WITH OTHER POWER AND COMMUNICATION

INFRASTRUCTURE PROVIDERS
Coordination with Southern California Edison (SCE)
SCE has 220, 115, and 33 kV lines within BEU’s service territory. SCE has developed their own Wildfire Prevention and Mitigation Plan detailing their plans for preventing any wildfire events and BEU and SCE are cooperating to reduce any impacts of the SCE plan on Banning customers.

Banning receives all its power imports SCE’s 115 kV transmission lines from El Casco Substation to SCE’s Banning Substation. SCE also has the ability to feed Banning through three other 115kV transmission lines from Zanja, Maraschino, or Devers Substations to SCE’s Banning Substation. There 329
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18 are six 33 kV lines out of Banning Substation. Three of these lines (Dysart, Saddleback, and Stubby) serve SCE customers outside BEU’s service territory, with the remaining three serving Banning loads.

SCE has performed system studies to determine what would happen to Banning residents if different combinations of these three lines serving Banning were interrupted.

Depending upon the circuit interrupted, Banning could see up to two-thirds of its load dropped.

Banning does not currently utilize any internal generation that could make up the capacity shortfall, which could cause significant impacts on Banning’s customers.

As a result, BEU and SCE will need to develop protocols for inspecting and energizing SCE lines that have tripped or been purposely de-energized during red flag periods. Development of these protocols had been designated as high priority in BEU’s initial WMP. Since BEU last WMP update, SCE has reached out to BEU staff to begin discussions regarding circuit interruption and deenergization events that may affect BEU operations and Banning residents. BEU hopes to have made progress on de-energization protocol and coordination by the next WMP Comprehensive Review.

Coordination with Communication Infrastructure Providers BEU has a direct relationship with communications providers such as Verizon, Frontier, AT&T, Spectrum/Charter, T-Mobile, MCI and others. Most communications regarding removal or upgrade of overhead utilities is handled through a Joint Pole Authorization (JPA) process. The JPA tracks the progress of changes to utility (joint pole owner) connections at any given pole and tracks the costs associated with specific changes or upgrades. The changes include but are not limited to new attachments, replacement of existing attachments, pole inspections, and removal of utility poles to convert to underground construction.

When communications with these companies are of an urgent matter, for instance in a high risk or red flag weather condition or if there is damage present at a utility pole, direct communication is required in order to assess all conditions and prepare for emergency. First responders are supplied with all of the direct contact information for these companies.

F. STANDARDIZED EMERGENCY MANAGEMENT SYSTEM
As a local governmental agency, 1 BEU has planning, communication, and coordination obligations pursuant to the California Office of Emergency Services’ Standardized Emergency Management System (“SEMS”) Regulations,2 adopted in accordance with Government Code section 8607. The SEMS Regulations specify roles, responsibilities, and structures of communications at five different levels: field response, local government, operational area, regional, and state.3 1 As defined in Cal. Gov. Code § 8680.2.
2 19 CCR § 2407.
3 Cal. Gov. Code § 2403(b):
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19 Pursuant to this structure, the City of Banning annually coordinates and communicates with the relevant safety agencies as well as other relevant local and state agencies.

BEU operates under the objectives and policies described within City of Banning’s Emergency Operations Plan; the latest version of the plan was adopted in December 2012. The level of communication, training, and coordination required from management, field personnel, and responding agencies is outlined within this plan. This plan is also fully compliant with the National Incident Management System (NIMS), which was enacted by the US Department of Homeland Security on March 1, 2004.

SEMS/NIMS have five essential functions adapted from ICS. These functions, while originally designed to give direction and control only to field level responders, are also applicable in the EOC at the local government, operational area, regional, and state levels. They are:
• Command (field level) or Management (EOC level)
• Operations
• Planning & Intelligence
• Logistics
• Finance & Administration
Wildfires are considered a Level 2 Emergency Alert under the SEMS structure. Activation of personnel during a wildfire emergency is described in the following chart taken from Banning’s Emergency Operations Plan:
(1) “Field response level” commands emergency response personnel and resources to carry out tactical decisions and activities in direct response to an incident or threat. (2) “Local government level” manages and coordinates the overall emergency response and recovery activities within their jurisdiction.
(3) “Operational area level” manages and/or coordinates information, resources, and priorities among local governments within the operational area and serves as the coordination and communication link between the local government level and the regional level. (4) “Regional level” manages and coordinates information and resources among operational areas within the mutual aid region designated pursuant to Government Code §8600 and between the operational areas and the state level. This level along with the state level coordinates overall state agency support for emergency response activities. (5) “State level” manages state resources in response to the emergency needs of the other levels, manages and coordinates mutual aid among the mutual aid regions and between the regional level and state level, and serves as the coordination and communication link with the federal disaster response system.
331
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20 Figure 4 - Banning EOC Activation Levels
Under the SEMS structure, a significant amount of preparation is done through advanced planning at the county level, including the coordination of effort of public, private, and nonprofit organizations. Riverside County serves as the Operational Area and is guided by the Riverside County Disaster Council that is made up of representatives of several officials which include members of the Banning City Council. The Banning City Mayor, and lead representative of Banning City Council, is responsible for declaring a local disaster and implementing the Emergency Operations Plan. The Operational Area includes local and regional organizations that bring relevant expertise to the wildfire prevention and recovery planning process. These participants include Riverside County Sheriff – Banning Station, Riverside County Fire/CDF/ESC, Executive Management Team, Riverside County Office of Emergency Services, Banning Unified School District, Morongo Tribe, Banning City Council, EOC Command Management Staff, the American Red Cross, Hospitals, special districts, communications providers, and other similar organizations.
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21 Pursuant to the SEMS structure, BEU members are encouraged to participates in annual training exercises that are coordinated through other local and county agencies. NIMS Training and Emergency Preparedness training is required for all emergency response personnel. Participation in Tabletop Exercises, Functional Exercises and Multi-Agency Exercise are recommended to provide emergency responders with a realistic simulation of emergency events with full field deployment.

BEU is a member of the California Utility Emergency Association, which plays a key role in ensuring communications between utilities during emergencies. BEU also participates in the Western Energy Institute’s Western Region Mutual Assistance Agreement, which is a mutual assistance agreement covering utilities across several western states. 333
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22 IV. WILDFIRE RISKS AND DRIVERS ASSOCIATED WITH DESIGN,

CONSTRUCTION, OPERATION, AND MAINTENANCE
A. PARTICULAR RISKS AND RISK DRIVERS ASSOCIATED WITH

TOPOGRAPHIC AND CLIMATOLOGICAL RISK FACTORS
Climate change is expected to cause increased temperatures, drier conditions, and insect outbreaks in the decades to come, all of which will likely increase the risk of wildfires, especially in the western United States. 4 Because wildfire risk is tied to higher temperatures, drought, and flooding, comprehensive resilience planning for multiple impacts is critical for communities.

Within BEU’s service territory and the surrounding areas, the primary risk drivers for wildfire are the following:
• Extended drought;
• Vegetation type;
• Vegetation Density;
• Weather;
• High winds;
• Terrain;
• Changing Weather Patterns (Climate Change)
• Communities at Risk
• Fire History
Banning has two primary areas where the potential for wildfires is high due to fuels or vegetation, winds and terrain. The northeastern portion of Banning, the Banning and Mias Canyon areas, is a rugged, hilly area with canyons that makes travel through it difficult. This is the City’s primary fire threat area. Wildfires can start within this area and then move to the west into the populated areas of Banning and unincorporated Riverside County due to prevailing winds.

The other area of concern is the undeveloped Communication Hill area of north-central Banning that contains communication towers and water reservoirs atop a large hill. Directly to the east side is a large undeveloped area identified as Gilman Ranch. The Gilman Ranch area is currently being developed and includes areas of overhead-to-underground circuit conversion which will help reduce wildfire threats. BEU will continue to plan to mitigate fires that may be affected or caused by any remaining overhead distribution lines in these areas. SCE has several high voltage 115 kV transmission lines going east-west across the very northern part of the area. 4 D.J. Wuebbles et al., Climate Science Special Report: Fourth National Climate Assessment, (Washington, DC: U.S. Global Change Research Program, 2017)
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23 Asset Classification
BEU does not have any substations in Banning and Mias Canyons, Communication Hill, or Gilman Ranch areas. BEU has a single, 12.47 kV overhead circuit along Gilman Street in the Gilman Ranch area, a single 12.47 kV overhead circuit through Banning Canyon adjacent to Bluff Street and a single-phase 7.2 kV overhead circuit through Mias Canyon on Mias Canyon Road. BEU does not have any 34.5kV or higher transmission lines through any of these areas.

Most of the 12.47 kV overhead circuit on Gilman Street has been converted to an underground circuit that serves a new development to the north. The threat of wildfire being caused by utility lines in this area will be eliminated for the most part through grid hardening and development of a single-family residential community which will eliminate over 65 acres of vegetation.

Both Banning Canyon and Mias Canyon lie within the Tier 3 extreme risk threat level area and present a challenge for BEU to provide reliable energy to these areas during an event that could potentially spark a wildfire.

One such challenge is that Banning Canyon is frequently referred to as the “Water Canyon” in that there are eight water distribution wells in which BEU currently provides energy. If BEU were to disconnect power to these wells, CAL Fire may be extremely limited in fire protection resources if these wells aren’t pumping and providing water to fight wildfires. At the same time, the city’s customers/rate payers could possibly be forced to operate on short water supply during a wildfire event which would have an immediate impact on quality of life for Banning residents.

SCE had undergone a project to replace most of their facilities thru the water canyon and has completed a significant portion of the project that includes joint poles with BEU facilities.

Unfortunately, BEU was not able to effectively participate in hardening their facilities on this circuit due to inability to efficiently coordinate. There were several time-sensitive factors that disallowed BEU’s consistent involvement in the project. SCE completed their portion of the upgrades to this circuit in late 2021.

Mias Canyon poses a unique challenge because BEU currently provides primary 12.47kV and

7.2kV electric power through Mias Canyon Road (Figure 5), and SCE transforms BEU’s primary power to secondary power at 240V to serve 14 residential customers in this area (meters are owned by and billed through SCE). The task that must be defined is what type of event will require BEU to de-energize Mias Canyon and how will this be accomplished? Since the last WMP update, SCE and BEU have taken steps towards coordination and preparation for wildfire mitigation and response. There efforts will include notification protocols for both SCE and Banning customers alike that are within the Tier 2 and 3 HFTDs.
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24 Figure 5 - Primary Utility in Tier 3 Area
To ensure conformity with all required actions of SB 1054, a timeline for necessary action to remediate potential threats in the Banning and Mias Canyon Tier 3 zones and other projects in Tier 2 zones is presented in Table 3 below.Table 3 - Action Plan for Tier 2 and Tier 3 Area
Location Fire
Threat
Tier
Electric
Assets
Risk Description Targeted Action/s Timeframe
Banning
Canyon
3 12.47kv OH
distribution -
3 miles
Single-circuit overhead line
feeds 8 water distribution
wells needed for fresh
water and fire protection
Joint project with
SCE to harden the
line which will
include covered
conductor, avian
protection, fireretardant wrap at
base of poles, and

12.47kV recloser near
base of the canyon.

Construction
schedule is
currently
unknown.

Coordination
with SCE on
shared cost will
be required. Due
to budget
constraints,
construction
activity will fall
into BEU’s new
Electric Master
Plan to be
completed in
2025. Additional
information will
be provided in a
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25 future WMP
update.

Mias Canyon 3 BEU provides
OH 12.47kv
and 7.2kv
through Mias
Canyon to 14
SCE
customers
No disconnect device
(recloser) exists to
disconnect power to SCE
customers in case of fire
emergency.

Operating procedures with
SCE have not been
established. Coordination
prior to construction will be
required.

Install temporary inline stick operated
disconnects.

Develop engineering
estimate for line
upgrade and
reclosers
Increase monitoring
and limit fuels
Design is
currently
complete.

Application for
grant funding
thru FEMA is
complete and
awaiting
decision on
award. Grant
funding thru
Prepare CA
match has been
approved as of
November 2022.

Construction to
begin after
award of FEMA
grant funds,
which should
occur following
completion of
biological survey
currently being
conducted.

South of the I10 Freeway
between
Sunset Avenue
and South
Highland
Home Road
2 BEU provides
OH 34.5kV for
subtransmission
voltage to
Midway
Substation,

12.47kv and

7.2kv for
supplemental
service to a
housing tract
and
municipal
water
facilities
Water wells and pump
stations within this Tier 2
area are directly affected
by loss of power along this
pole line
Joint project with
City of Banning
Public Works and
current developer to
harden/underground
the facilities as part
of the new Sun Lakes
Blvd extension
between Sunset
Avenue and
Highland Home
Road
Development
agreement is
being pursued
thru the City for
funding of this
project. This
project will be
incorporated
within BEU
upcoming
Capital
Improvement
Program.

East Banning,
North of I-10
Freeway
2 BEU provides
OH 12.47kv
and 7.2kv
along the
boundary of
North
Hathaway
Street
Service to large industrial
facilities is affected by loss
of power along this pole
line.

Joint project with an
aggregate
processing industrial
user to harden a
pole line due to a
required relocation
and joint projects
with several large
Design for the
pole hardening
project is
currently
complete.

Coordination
with the industrial
user is underway
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26 warehouse
developments to
and underground
facilities along
Hathaway Steet,
Nicolet Street and
Wilson Street.

with a timeline of
two years to
complete.

Undergrounding
of overhead
utilities will be
coordinated in
phases with the
large industrial
developers. The
effort is
expected to last
several years
and is tentatively
scheduled to
begin once the
Development
Agreements
have been
executed and
permits are
obtained.

B. ENTERPRISEWIDE SAFETY RISKS
BEU does not have a database of what type of events have caused the most fires over the years.

Based on current outage information, the ranking of factors causing BEU’s outages was estimated as equipment deterioration or failure, vegetation (tree branches and palm fronds), vehicles running into BEU equipment, animals (mostly birds, snakes, and rodents), mylar balloons, lightning and vandalism.

During the past three years, BEU’s largest and longest lasting outages have been caused by equipment deterioration or failure and vehicle damage to BEU equipment. The most outages (by number) over this period are due to equipment deterioration or failure, vegetation (mostly customer trees in service laterals) and vehicles hitting BEU equipment. BEU contracts with professional tree trimming vendors to ensure that all transmission and distribution equipment within the public right-of-way and on City-owned property are clear from any potential hazards involving vegetation.

BEU has had a long-term problem with palm fronds and other taller trees on private property throughout the city that blow free during wind events and fall across BEU’s power lines. BEU’s field staff does its best to engage and educate property owners of the inconvenience to other rate payers and potential dangers that may be present by allowing tree branches to reside near live power lines. Older, unkept trees that have the appearance of deterioration possibly due to tree rot are given the highest priority for required action. BEU may impose penalties that may include a fine or temporary disconnection of electric service if such vegetation hazards are not remedied within a specified amount of time once official notice of the unsafe condition is given. 338
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27 C. CHANGES TO CPUC FIRE THREAT MAP
BEU has considered the recommended threat levels identified on the CPUC Fire Threat Map and proposes to evaluate and remedy our construction standards accordingly. However, BEU has identified certain challenges to the methodology used to identify some of the areas with the service territory as high-risk wildfire threat zones.

As expressed in previous WMP updates, BEU may choose to evaluate and recommend the following areas be eliminated from designation as a high-risk fire area although the CPUC fire map shows these areas as elevated risk areas:
• The site of the Rancho San Gorgonio Development
• East Banning north and south of the Banning Airport
• Gilman Ranch area,
• The portion of southeast Banning that lies south of Wesley Street and Smith Creek BEU believes that these areas could potentially have low risk of wildfire ignition due to the existence of only a few hundred feet of overhead wire in these sparsely developed areas. BEU also does not plan to construct additional overhead lines in these areas. Additionally, within the next few years, three new master planned communities will begin construction in the Rancho San Gorgonio and Gilman Ranch areas, eliminating much of the undeveloped at-risk area.

BEU is currently in the process of completing a new Electric Master Plan to address many aspects of improvement within its distribution system, which will also detail how to evaluate and effectively mitigate the areas referenced above. The plan, which will commence during the 2025 WMP review period, will outline recommended funding mechanisms to achieve its goals while also evaluating the level of risk associated with these areas, if any at all. This information will be presented to the Board for review and guidance based on BEU’s findings. 339
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28 V. WILDFIRE PREVENTATIVE STRATEGIES
A. HIGH FIRE THREAT DISTRICT
BEU directly participated in the development of the California Public Utilities Commission’s (CPUC) Fire-Threat Map,5 which designates a High-Fire Threat District. In the map development process, BEU served as a territory lead, and worked with utility staff and local fire & government officials to identify the areas of BEU’s service territory that are at an elevated or extreme risk of power line ignited wildfire. BEU has incorporated the High Fire Threat District into its construction, inspection, maintenance, repair, and clearance practices, where applicable.

B. WEATHER MONITORING
BEU monitors current and forecasted weather data from a variety of sources including:
• United States National Weather Service
• United States Forest Service Wildland Fire Assessment System • National Fire Danger Rating System
• National Interagency Fire Center – Predictive Services for Northern and Southern California. • Any official warnings from CAL Fire
BEU assigns one of four operating conditions based on the relevant weather data and knowledge of local conditions:
(1) Normal: During normal conditions, no changes are made to operations or work policy. (2) Elevated: During elevated fire-risk conditions, patrols begin in the areas of elevated and extreme risk to wildfires.
(3) Extreme: During extreme fire-risk conditions, an additional crew is assigned to either patrol or remain on stand-by to assist with any corrective action in the areas of elevated and extreme risk to wildfires.
(4) Red Flag: If the National Weather Service declares a Red Flag Warning for any portion of BEU’s service territory, then an additional crew will be assigned to patrol the areas of elevated and extreme risk to wildfires and assist with any corrective action needed.

Table 4 below tracks the risks associated with red flag days. 5 Adopted by CPUC Decision 17-12-024.
340
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29 Table 4 – External Risk Metrics
Metric type External Risk Event 2022 2023 2024 Unit(s) Comments

1. Red Flag
Warnings
Red Flags Warning Days* for
Weather Zone that includes
Utility Service Territory
9 #Days

2. Wind Conditions High Wind Warning Days* in
Weather Zone that includes
Utility Service Territory
2 #Days
Notes:
* Red Flag Warnings and High Wind Warnings are declared by the National Weather Service.

C. DESIGN AND CONSTRUCTION STANDARDS
BEU’s electric facilities are designed and constructed to meet or exceed the relevant federal, state, or industry standard. BEU treats CPUC General Order (GO) 95 as a key industry standard for design and construction standards for overhead electrical facilities. BEU meets or exceeds all standards in GO 95. Additionally, BEU monitors and follows as appropriate the National Electric Safety Code.

D. VEGETATION MANAGEMENT
BEU meets or exceeds the minimum industry standard vegetation management practices. For transmission-level facilities, BEU complies with NERC FAC-003-4, where applicable. For both transmission and distribution level facilities, BEU meets: (1) Public Resources Code section 4292; (2) Public Resources Code section 4293; (3) GO 95 Rule 35; and (4) the GO 95 Appendix E Guidelines to Rule 35. These standards require significantly increased clearances in the High Fire Threat District. The recommended time-of-trim guidelines do not establish a mandatory standard, but instead provide useful guidance to utilities. BEU will use specific knowledge of growing conditions and tree species to determine the appropriate time of trim clearance in each circumstance.

GO 95, Rule 35
Case Type of Clearance Trolley
Contact,
Feeder and
Span Wires,
0-5kv
Supply
Conductors
and Supply
Cables, 750 -
22,500 Volts
Supply
Conductors
and Supply
Cables, 22.5 -
300 kV
Supply
Conductors
and Supply
Cables, 300 -
550 kV (mm)
341
Banning Electric Utility Wildfire Mitigation Plan
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30 13 Radial clearance of
bare line conductors
from tree branches
or foliage
18 inches 18 inches ¼ Pin
Spacing
½ Pin
Spacing
14 Radial clearance of
bare line conductors
from vegetation in
the Fire-Threat District
18 inches 48 inches 48 inches 120 inches
Appendix E
Guidelines to Rule 35
The radial clearances shown below are recommended minimum clearancesthat should be established, at time of trimming, between the vegetation and the energized conductors and associated live parts where practicable. Reasonable vegetation management practices may make it advantageous for the purposes of public safety or service reliability to obtain greater clearances than those listed below to ensure compliance until the next scheduled maintenance. Each utility may determine and apply additional appropriate clearances beyond clearances listed below, which take into consideration various factors, including: line operating voltage, length of span, line sag, planned maintenance cycles, location of vegetation within the span, species type, experience with particular species, vegetation growth rate and characteristics, vegetation management standards and best practices, local climate, elevation, fire risk, and vegetation trimming requirements that are applicable to State Responsibility Area lands pursuant to Public Resource Code Sections 4102 and 4293.

Voltage of Lines Case 13 Case 14
Radial clearances for any conductor of a line
operating at 2,400 or more volts, but less than
72,000 volts
4 feet 12 feet
Within the High Fire Threat District, BEU performs an evaluation of every tree that has the potential to strike overhead facilities it if were to fail on a basis required by statewide frequency requirements. BEU performs more frequent and detailed inspections of any such trees, and in cases where “hazard trees” (dead, dying, diseased or leaning) could strike the facilities, will work with the land owner to remove the tree or portion of the tree that poses a risk. 342
Banning Electric Utility Wildfire Mitigation Plan
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31 BEU has completed vegetation management on all of it poles in the Tier 2 and Tier 3 HFTD and also in other areas identified by CAL Fire as possible hazardous to wildfire between April and June of 2023. The vegetation management activities include clearing away any tree branches, dry brush, or other types of vegetation within 4ft of energized line and up to 10ft from base of each pole operating at 12,470 volts and below. The poles that were identified and mitigated are shown in Figure 6 below.

Figure 6 - Poles Cleared for Vegetation Management
There are approximately 164 solely owned and jointly owned utility poles that BEU mitigated during this maintenance interval, and will continue to do annually as part of the vegetation 343
Banning Electric Utility Wildfire Mitigation Plan
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32 management and fuel reduction program. Many of the areas identified in Figure 6 above aren’t in the traditional Tier 2 and Tier 3 HFTD. We believe this is due to the incorporation of areas into the Fire Map that have had historical fire data, which do not pose elevated risks to wildfire. As a best practice, BEU has decided to incorporate these poles into our vegetation management program regardless of their relevance to Wildfire Mitigation.

E. INSPECTIONS
BEU meets or exceeds the minimum inspection requirements provided in CPUC GO 165 and CPUC GO 95, Rule 18. Pursuant to these rules, BEU inspects electric facilities in the Hight Fire Threat District more frequently than the other areas of its service territory. Additionally, BEU staff uses their knowledge of the specific environmental and geographical conditions to determine when areas outside of the High Fire Threat District require more frequent inspections.

BEU performs a detailed inspection of each pole. Detailed inspections include careful visual inspections of each pole to identify any non-conformance with GO 95 and GO 165, infringement by other utilities on poles or rights-of-way, defects, potential safety hazards and deterioration of poles, cross-arms or insulators.

BEU also performs safety/visual inspections (also known as patrols) of cross-arms, insulators and conductor, a brief visual inspection to identify obvious damage or non-conformance of the poles that could result in an ignition source.

Finally, BEU performs detailed pole tests to assess the condition of transmission and distribution poles to identify which poles need to be repaired or replaced. The specific tests include pole sounding, butt testing, and visual inspections. The test information is used to determine the pole strength and shell thickness.

If BEU staff discovers a facility in need of repair that is owned by an entity other than BEU, BEU will issue a notice to repair to the facility owner and work to ensure that necessary repairs are completed promptly. If BEU owns utility space on this pole, then the notification will be filed through the JPA process.

BEU works to ensure that all inspections to be performed within the High Fire Threat District are completed before the beginning of the historic fire season, which typically began on September

1. However, California continues to experience destructive wildfires and prolonged periods of high fire danger due to an extended drought, which produces a near year-round fire season.

Therefore, BEU monitors drought conditions and other relevant factors throughout the year to determine if inspections should be completed on a shorter timeframe.

In Tiers 2 and 3 of the High Fire-Threat District, the inspection intervals for Solely-owned and Joint Use poles shall not exceed the time specified in the following Table. 344
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33 Inspection Tier 2 Tier 3
Patrol 2 Years 1 Year
Detailed – Includes pole-butt tests and/or
intrusive testing
10 Years 5 Years
Although Tier 2 patrol inspection intervals are designated to be completed in two-year intervals, BEU has decided for now to patrol these areas yearly while drought conditions persist. The table below describes the performance metrics related to pole and line inspection:

Table 5 – Performance Metrics, Inspections in HFTD
(Actual) (Forecast) (Forecast)
2023 2024 2025
Metric type Progress metric name In HFTD In HFTD In HFTD Unit(s) Comments

1. Distribution
Inspections
Patrol Inspections 6 6 # circuit
miles
Detailed Inspections 2 3
# circuit
miles
Performed 3 miles of
detailed inspection
for pending Mias
Canyon line
hardening project in
2025
Routine Vegetation
Management # circuit
miles
Up to 166 poles are
sprayed and cleared
each year

2. Transmission
Inspections
Patrol Inspections 5 5 # circuit
miles
Detailed Inspections 0 2 # circuit
miles
Detailed in Tier 2
scheduled for this
year
Routine Vegetation
Management
# circuit
miles
Up to 72 poles are
sprayed and cleared
each year
Notes:

F. WORKFORCE TRAINING
345
Banning Electric Utility Wildfire Mitigation Plan
June 2025
34 BEU has implemented work rules and complementary training programs for its workforce to help reduce the likelihood of the ignition of wildfires. As described earlier, the Election Operations Manager is responsible for such safety programs, which includes specific training that helps crews recognize and predict wildfire trends and patterns and learn the skills required to evaluate and install new protective equipment to reduce fire risk.

G. RECLOSING POLICY
BEU currently handles all circuit reclosing activities at the substation, particularly at the feeder circuit breaker control level. BEU does not currently have any in-field distribution circuit reclosers installed in its distribution system. However, BEU does plan to provide circuit reclosers on its circuit that supplies power to both Banning Canyon and Mias Canyon due to extreme (Tier 3) fire risk that this particular area is exposed to.

H. DE-ENERGIZATION
The combination of predicted wind gusts up to 50 mph, low humidity of 5 to 10 percent, and warm temperatures have created a Red Flag warning for extreme fire conditions in our area. As a result, of the most contentious areas of discussion in wildfire mitigation analysis has been the willingness or ability of utilities to de-energize transmission and distribution circuits during red flag weather events or other high-risk periods. Public Safety Power Shut-Offs (PSPS) is the de-energization of power lines to protect public safety under California law.

While SCE alerts have been deployed to BEU customers that the Dysart, Saddleback, and Stubby circuits could experience PSPS events during red flag weather events, these events will not impact Banning Electric Utility customers at this time. These unincorporated areas currently affected by PSPS are not served by BEU. A potential PSPS event within the City of Banning would only occur if the Banning Circuit out of El Casco is impacted by a PSPS event. Currently, per SCE, the Banning Circuit out of El Casco will not be scheduled for a PSPS event. If this policy changes and a SCE PSPS will impact Banning Electric Utility customers in the future, every attempt will be made to alert and inform our customers.

BEU identifies two separate justifications for de-energizing a circuit. The first is for operational reasons, such as a local fire or request by safety officers for a specific circuit to be de-energized as a result of an ongoing event. The second is a pre-emptive de-energization to reduce fire risk or some other potential impact due to anticipated conditions.

BEU recognizes that de-energizing circuits could have an impact on surrounding utilities such as SCE, water production and pumping facilities, wastewater reclamation facilities, local communication switchyards and cell towers. Any de-energization policy must consider the impacts on these entities. More importantly, de-energizing lines affects the ability of fire fighters to control the fire.
346
Banning Electric Utility Wildfire Mitigation Plan
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35 BEU will continue to de-energize circuits for operational reasons at the request of police and fire personnel, to aid in development/construction activities, or for the replacement of infrastructure.

At this time, BEU does not intend to preemptively de-energize lines due to the impact on firefighting capabilities in the City. However, BEU must evaluate the effects of possible SCE line deenergization on its ability to serve customers during extreme weather events.

While not BEU’s initial intent, this plan recognizes that BEU has the authority to preemptively shut off power due to fire-threat conditions; however, this option will only be used in extraordinary circumstances. BEU will make a case-by-case decision to shut off power based on the following considerations:
• Red Flag Warnings issued by the National Weather Service for fire weather zones that contain BEU circuits;
• BEU staff assessments of local conditions, including wind speed (sustained and gust), humidity and temperature, fuel moisture, fuel loading and data from weather stations; • Real-time information from staff located in areas identified as at risk of being subject to extreme weather conditions;
• Input from BEU fire experts and vegetation experts;
• Input from local and state fire authorities regarding the potential consequences of wildfires in select locations;
• Alternative ways to reroute power to affected areas;
• Awareness of mandatory or voluntary evacuation orders in place; • Expected impact of de-energizing circuits on essential services; • Other operational considerations to minimize potential wildfire ignitions, including the blocking of reclosers on the identified circuit(s);
• On-going fire activity throughout BEU territory and California; • Ability to notify customers;
• Notifications to local governments and public officials; and • Potential impacts to communities and customers
A typical but not required procedure for identifying and responding to potential wildfire threats would be:
• During Extreme weather events where wind gusts exceed 25 mph, activate the appropriate operations requirements in response to the weather which may include public advisory through various communication channels
• During Red Flag weather events where wind gusts exceed 50 mph, activate the appropriate operations requirements in response to the weather, which will include public notice to customers of a potential PSPS event
Banning will occasionally experience higher than normal wind speeds, some that may exceed 80 mph. It is important for BEU to be even more vigilant during these extreme wind events, which may necessitate the need de-energize in elevated risk areas that may be susceptible to wildfire. BEU 347
Banning Electric Utility Wildfire Mitigation Plan
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36 plans to evaluate each case individually in order to make the best decision regarding PSPS for the Utility and its customers. Furthermore, specific protocols for de-energization of distribution lines are outlined in the City of Banning Electric Utility Rules & Regulations.

1. IMPACTS TO PUBLIC SAFETY
While there are not any impacts directly related to public safety through power shutoff, BEU understands the difficulty of its customers being able to function regularly and safely during a power outage. BEU always recommends that its customers prepare for outages regardless of cause.

2. CUSTOMER NOTIFICATION PROTOCOLS
BEU has sent letters to all customers encouraging them to follow Banning Electric on Twitter, Facebook, and Instagram for future updates and alerts and register for alerts and updates on the City of Banning at Nixle. Nixle helps keep customers up-to-date with relevant information from your local public safety departments & schools.

Key Accounts
BEU has a responsibility to the community when it comes to providing safe, reliable, and sustainable power to its customers. In that mission, BEU recognizes that it is important to keep its most vulnerable customers abreast of all information on situations that could have an impact on power delivery. BEU staff is developing a Key Accounts system that will quickly and thoroughly notify medical baseline customers and others that are identified as critical facilities in any event that poses a risk of wildfire and/or will compromise delivery of electric power to BEU customers.

Key Accounts will not be limited to only critical care customers; it will include other critical demand customers as well such as first responders, public safety, mass transit, local government, etc.
348
Banning Electric Utility Wildfire Mitigation Plan
June 2025
37 VI. COMMUNITY OUTREACH AND PUBLIC AWARENESS
To date, BEU has not had any other community outreach in regard to fire safety aside of presenting each Wildfire Mitigation Plan thru Public Hearings at Banning City Council meetings. BEU plans to hold community meetings when appropriate to discuss information on BEU’s fire mitigation activities including the potential use of PSPS de-energization protocols. Subject matter expert personnel will be available at these meeting and will deliver information and answer questions related to a variety of topics including:
• Climate change impacts on wildfires
• Grid hardening and other engineering practices
• Vegetation management
• Weather monitoring as it relates to elevated/extreme threat and red flag events • PSPS protocol
• Safety during outages
349
Banning Electric Utility Wildfire Mitigation Plan
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38 VII. RESTORATION OF SERVICE
If a transmission or distribution line has been de-energized in anticipation of a wildfire threat, BEU troubleshooters or patrollers must perform additional steps prior to re-energization. In an event of a wildfire where distribution poles or transmission structures were burned, additional steps must be taken to rebuild the lines. BEU field crews must take several important steps prior to restoring electrical service after a de-energization event which include:
• Patrol - look for vegetation in lines and any obvious damage that may prevent safe energization; notify communication company(ies) if their cables have been affected and relocate if safe to do so
• Repair – if equipment damage is found, additional crews are dispatched with new materials to repair or replace damaged equipment after area is cleared of any obstructions
• Test - once the lines and poles are safe to operate, crews test the infrastructure by closing the fuse, or breaker to re-energize the power line
• Restore - power is restored and BEU provides notification of power restoration to customers 350
Banning Electric Utility Wildfire Mitigation Plan
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39 VIII. EVALUATING OF THE PLAN
A. METRICS AND ASSUMPTIONS FOR MEASURING PLAN PERFORMANCE BEU will track two metrics to measure the performance of this Wildfire Mitigation Plan: (1) number of fire ignitions; and (2) wires down within the elevated fire threat areas.

METRIC 1: FIRE IGNITIONS
For purposes of this metric, a fire ignition is defined as follows:
• BEU facility was associated with the fire;
• The fire was self-propagating and of a material other than electrical and/or communication facilities;
• The resulting fire traveled greater than one linear meter from the ignition point; and • BEU has knowledge that the fire occurred.

While there have been no ignitions of fire by BEU facilities as of the drafting of this plan, there have been three fires within City limits since the 2024 WMP update. Two of the three fires occurred inside of the BEU service territory:
• On July 12, 2024, a 50-acre vegetation fire ignited in the hills just east of Mias Canyon, outside of Banning city limits and BEU service territory. The fire was contained the following day. There were no BEU facilities within the area.
• On August 23, 2024, a 86-acre vegetation fire ignited north of Ramsey St near the eastern border of Banning and was contained the same day. There were no BEU facilities within the area.
• On September 9, 2024, a 54-acre vegetation fire ignited at the northwest intersection of Sunset Ave and Westward Ave in Banning and was contained the same day. One BEU utility pole was ignited but was extinguished quickly. Damage to the pole was not extensive.

METRIC 2: WIRES DOWN
The second metric is the number of distribution and transmission wires downed within BEU’s elevated fire threat areas annually. For purposes of this metric, a wire down event includes any instance where an electric transmission or primary distribution conductor falls to the ground or on to a foreign object.

BEU will not normalize this metric by excluding unusual events, such as severe storms. Instead, BEU will supplement this metric with a qualitative description of any such unusual events. 351
Banning Electric Utility Wildfire Mitigation Plan
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40 B. IMPACT OF METRICS ON PLAN
BEU Performance Metrics
Table 6 below gives some information on BEU’s performance metrics during this plan review period per the performance categories above.

Table 6 - WMP Performance Metrics
Category Performance Metric
Equipment Failure Number of fire ignitions due to equipment failure in Tier 2 or 3 HFTD: 0 Number of wires down in Tier 2 or 3 HFTD: 0
Number of pole failures in Tier 2 or 3 HFTD: 0
Vegetation Management Number of outages caused by wire contact with vegetation in Tier 2 or 3 HFTD: 0
Number of recurring tree issues in Tier 2 or 3 HFTD: 1
Construction Feet of primary non-insulated conductor replaced with insulated conductor in Tier 2 or 3 HFTD: 0
Feet of primary conductor placed underground in Tier 2 or 3 HFTD (grid hardening): 4,600 ft: 1,800 ft of underground conversion of existing distribution lines and 2,800 ft of new distribution circuits for a residential development in the Gilman Ranch area
Number of wood poles equipped with fire-protectant wrap in Tier 2 or 3 HFTD:
0 Number of wood poles replaced with fire-resilient poles in Tier 2 or 3 HFTD: 0 Installation of avian protection over equipment connections at utility poles in Tier 2 or 3 HFTD: 0
C. MONITORING AND AUDITING THE PLAN
This Wildfire Mitigation Plan will be presented to Banning City Council in June of 2025 as part of the City Council approval process. BEU will present an update of this plan before the Banning City Council on an annual basis. Each year, BEU will conduct an internal audit of the plan as it is updated.

D. IDENTIFYING AND CORRECTING DEFICIENCIES IN THE PLAN
As each WMP plan update is reviewed, any noted areas of improvement will be presented to the Banning City Council for inclusion. Specific areas that should be examined include identifying 352
Banning Electric Utility Wildfire Mitigation Plan
June 2025
41 better communication methods with residents in high threat fire areas and identifying better evacuation methods. Evacuation and communication issues are part of the Riverside County’s and City of Banning’s Local Hazard Mitigation Plan (LHMP) and they will be responsible for implementing their plans with BEU’s assistance. A primary goal of the City is to implement a mass communication system to help during disasters.

BEU will collaborate with SCE on protocols for notifying residents of Mias Canyon and City of Banning operational facilities in Banning Canyon of any potential fire threats. If necessary, SCE could make regional notifications of potential PSPS and fire threats and BEU must coordinate any information it releases with SCE to avoid releasing contradictory information. BEU will continue to monitor area weather conditions and work with SCE to provide advanced warning of extreme weather events, elevated fire danger conditions, and planned PSPS events that may affect BEU’s service to its customers.

E. MONITORING THE EFFECTIVENESS OF INSPECTIONS
The Wildfire Prevention Plan will be evaluated on an annual basis to assess its effectiveness. This Plan will be judged based upon:
• Number of downed wires in elevated fire threat areas annually; • Vegetation management in compliance with GO 95;
• Number of compromised poles repaired/replaced annually; • Feet of non-insulated conductor replaced with insulated/covered conductor in high threat fire areas where applicable;
• Feet of primary and secondary power lines placed underground in high fire threat areas (grid hardening)
• Number of wood poles equipped with fire protectant wrap, coating or barrier in high fire threat areas
• Number of wood poles replaced with fire-resilient poles in high fire threat areas • Installation of avian protection over equipment connections at utility poles within high fire threat areas
• Number of fires in elevated threat areas caused by BEU’s electrical equipment.

BEU intends to do its best at keeping wires from falling, being aggressive with its vegetation management, replacing or repairing all its poles and replace its non-insulated conductor with insulated or covered conductor in the areas that make the most sense, BEU should not be responsible for many, if any, fires in high-threat areas even though wildfires may start in the area due to other reasons.
353
Banning Electric Utility Wildfire Mitigation Plan
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42 Review of Mitigation Activity Accomplishments
Each year following the first draft of the WMP, BEU has implemented several strategies to help minimize the risk/potential of wildfire within its service area. Table 7 below details some of the accomplishments made to reduce wildfire risk.

Table 7 - Mitigation Activity Accomplishments
Category Risk Description Accomplishments
Design and
Construction
Overhead distribution lines within Tier 2
HFTD area
Completed a 1,800 ft underground12.47kV line
conversion to support a new residential
development within the Tier 2 HFTD.

Design and
Construction
Distribution Construction Standards
Improvements
Currently investigating the use of optical
sensors to monitor voltage and current and
install of reclosers to isolate circuits in the HFTD
areas
Inspection and
Maintenance
GO 165 Annual Inspections Annual system patrol to inspect the condition of electrical assets in Tier 3 HFTD areas 100%
complete. Bi-Annual system patrol and
inspection of Tier 2 HFTD areas is 100%
complete.

Operational
Practices
Relay/Reclosing Strategies Continued evaluation of substation reclosing schemes on feeders with assets in the Tier 2
and Tier 3 areas to coordinate with future line
reclosers
To continue improving fire safety measures, BEU plans to utilize automated in-line field reclosers and cutout mounted reclosers at certain locations within the Tier 2 and 3 HFTD areas. Covered conductor will be utilized on utility lines within Banning Canyon and Mias Canyon which are the two areas that are almost completely within the Tier 3 HFTD, and BEU will analyze the use for other areas as well. Planning and engineering studies are on-going, with the intent of continuing to implement mitigation measures on a yearly basis or as needed. 354
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43 IX. SUMMARY
BEU considers preventing wildfires a high priority. Reducing risk reduces the potential of property loss and injury. BEU believes that this Wildfire Mitigation Plan identifies the major concerns with wildfire and outlines processes and protocols to mitigate and manage these issues should any wildfires arise.
355

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Art Vela, Public Works Director
MEETING DATE: June 24, 2025
SUBJECT: Consideration of Resolution 2025-94, Approving Amendment No.1 to the Professional Services Agreement with Innovative Federal Strategies, LLC to Provide Federal Legislative Advocacy and Governmental Affair Services for Two (2) Years Ending on June 30, 2027
RECOMMENDATION:

Adopt Resolution 2025-94.

BACKGROUND:

On August 22, 2023, City Council approved Resolution 2023-149, approving a Professional Services Agreement with Innovative Federal Strategies, LLC to Provide Federal Legislative Advocacy and Governmental Affair Services for two (2) years ending on June 30, 2025.

Innovative Federal Strategies, LLC (IFS) has provided federal lobbying and advocacy services to the City since 2013. Over the past decade, they have developed a deep and nuanced understanding of the City’s unique challenges, infrastructure priorities, and long-term federal funding strategies. This institutional knowledge allows them to provide targeted and effective representation in Washington, D.C., with minimal ramp-up time or duplication of effort.

Innovative Federal Strategies, LLC has established strong working relationships with key Congressional offices, federal agencies, and regional partners that are directly relevant to the City’s current and future funding initiatives. Their continuity in service ensures the City can maintain its momentum on previously submitted federal funding requests, secure ongoing project support, and proactively align with emerging federal grant and policy opportunities.

JUSTIFICATION:

Due to the specialized nature of federal lobbying and the importance of relationship continuity, retaining Innovative Federal Strategies, LLC preserves consistency in representation and positions the City to successfully compete for highly competitive federal resources. Over the past several years Innovative Federal Strategies, LLC has demonstrated their ability to perform the services of federal legislative advocacy and consulting for the City of Banning.

For these reasons, City staff recommends continuing the professional services agreement with Innovative Federal Strategies, LLC.
356
FISCAL IMPACT:

The total fee for these services for Fiscal Year 2025/2026 is $61,500 and $64,500 for Fiscal Year 2026/2027.

Funding for these services will be paid from the following accounts 001-1000-411.33-11 (40%), 660- 6300-471.33-11 (40%) and 680-8000-454.33-11 (20%).

ALTERNATIVES:

Do not approve as recommended; services provided by Innovative Federal Strategies will end on June 30, 2025.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-94, Innovative Federal.docx

2. Amend No.1 Federal Legislative Advocacy.docx

3. Staff Report for Reso 2023-149.pdf

4. IFS Proposal FY 25/26 and FY 26/27.pdf
357
Resolution 2025-94

Page 1 of 4 ends

RESOLUTION 2025-94

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO.1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH

INNOVATIVE FEDERAL STRATEGIES, LLC TO PROVIDE FEDERAL LEGISLATIVE ADVOCACY AND GOVERNMENTAL AFFAIR SERVICES FOR TWO (2) YEARS ENDING ON JUNE 30, 2027
WHEREAS, Innovative Federal Strategies, LLC (IFS) has provided federal lobbying and advocacy services to the City since 2013; and
WHEREAS, IFS has provided services such as support in applying for competitive grants and federal discretionary funding; representation of the City’s position on federal legislation; communication with Congressional offices, federal agencies, and regional partners; and informing the City of emerging federal grants and policies; and
WHEREAS, over the past several years Innovative Federal Strategies, LLC has demonstrated their ability to perform the services of federal legislative advocacy and consulting for the City of Banning; and
WHEREAS, the City of Banning now desires to continue to receive the federal legislative advocacy and governmental affairs services of IFS for two (2) additional years; and WHEREAS, the total fee for these services for Fiscal Year 2025/2026 is $61,500 and $64,500 for Fiscal Year 2026/2027.

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

SECTION 1. The City Council approves Amendment No. 1 to the Professional Services Agreement with Innovative Federal Strategies, LLC for two (2) additional years.

SECTION 2. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.

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

PASSED, APPROVED AND ADOPTED this 24th day of June, 2025.

Sheri Flynn, Mayor
City of Banning
358
Resolution 2025-94

Page 2 of 4 ends

ATTEST:

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

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
359
Resolution 2025-94

Page 3 of 4 ends

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-94, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 24th day of June, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
360
Resolution 2025-94

Page 4 of 4 ends

EXHIBIT A
Amendment No. 1
361
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
(C00884) FOR FEDERAL LEGISLATIVE ADVOCACY BY AND

BETWEEN CITY OF BANNING AND INNOVATIVE FEDERAL

STRATEGIES, LLC
THIS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR SERVICES (“Amendment No. 1”) by and between the CITY OF BANNING (“City”) and Innovative Federal Strategies, LLC, a limited liability company (“Consultant”) is effective as of this day: ______________.

RECITALS
A. City and Consultant entered into that certain Contract dated September 14, 2023 for the purpose of providing Federal Legislative Advocacy Services (“Agreement”), as approved by City Council Resolution 2023-149.

B. City and Consultant now desire to amend the Agreement to extend the Term of the Agreement to June 30, 2027 and increase the Contract Sum to Two Hundred Forty Thousand Dollars ($240,000.00).

The Parties therefore agree follows:

1. Amended Terms. The Agreement is hereby amended as follows:

1.1 The maximum compensation for the Services performed pursuant to this Amendment No. 1 shall not exceed One Hundred Twenty-Six Thousand Dollars ($126,000.00) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to Two Hundred Forty Thousand Dollars ($240,000.00).

1.2 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through June 30, 2027, unless sooner terminated or extended as provided in the Agreement.

1.3 Exhibit C-1 to the Agreement is hereby amended to read as set forth in Attachment 1, attached hereto and incorporated herein.

2. Miscellaneous Provisions

2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1. In the event of a conflict between the provisions 362
of this Amendment No. 1 and the provisions of the Agreement or Amendment No. 1, the provisions of this Amendment No. 1 shall control.

2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 1.

2.3 Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.

2.4 Counterparts. This Amendment No. 1 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
363
The Parties are signing this Amendment No. 1 on the date stated in the introductory clause.

CITY OF BANNING CONSULTANT
Robert Fisher,
Acting City Manager
NAME:

TITLE:

City Council Approval: _______________ NAME:

TITLE:

ATTEST:

Caroline Patton
Administrative City Clerk
APPROVED AS TO FORM:

Slovak, Baron, Empey, Murphy & Pinkney
LLP
John O. Pinkney
Acting 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.
364
ATTACHMENT “1”
The two-year renewal period structured as follows:
• Year 1 (July 1, 2025 – June 30, 2026): Total funding not to exceed $61,500.00 ($5,000.00/mo., expenses NTE $1,500 annually)
• Year 2 (July 1, 2026 – June 30, 2027): Total funding not to exceed $64,500.00 ($5,250.00/mo., expenses NTE $1,500 annually)
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INNOVATIVE FEDERAL STRATEGIES, LLC
Comprehensive Government Relations
511 C STREET NE • Washington, DC 20002 • 202-347-5990 • FAX 202-347-5941 • WWW.INNOFED.COM May 30, 2025
Mr. Robert Fisher
Acting City Manager
City of Banning, California
99 E. Ramsey Street
Banning, CA 92220
Dear Robert:

I wanted to express my thanks for the opportunity to represent the City of Banning since 2013. Together, Innovative Federal Strategies (IFS) and the City of Banning have made significant progress on a number of the City’s federal legislative priorities. We would be honored to continue working on your behalf and serving as your staff in Washington, DC. We look forward to continuing to build on the strong working relationships the City and IFS have with our congressional delegation, their staff, and within federal agencies.

Innovative Federal Strategies is well suited to continue assisting the City in efforts to track and report on relevant legislation and policy efforts in Congress, to build and maintain relationships with key Members of Congress and staff, and to implement congressional outreach campaigns regarding ongoing and future City federal issues. The members of our bipartisan firm have over 175 years of combined federal service. We offer comprehensive business development, consulting and strategic advocacy services to a broadly diverse set of clients. We maintain outstanding awareness across a wide-range of germane federal agencies, topics, issues, and programs. We understand the nuanced, complex federal planning, programming, budgeting, contracting, and regulatory processes used throughout the Executive Branch.

Members of the firm have unique expertise in the intricate legislative processes that Congress uses for annual authorizations, appropriations (including earmarks), regulatory and policy issues, and agency oversight. Our firm works effectively with officials in both political parties, and works closely with Senators, Members and staff in the United States Congress and officials in many federal agencies. We currently serve over 75 clients including local governments and municipal organizations, small businesses, non-profit research entities, and major defense corporations. We work on issues across the federal ecosystem and spanning appropriations, authorization, local government issues, natural resources, tax, acquisition policy/reform, emergency response, science and technology policy, energy, and national security policy.

Specifically, we look forward to continuing our work on behalf of the City on the ongoing flume issue and economic development issues. We will also work to identify federal funding opportunities that align with the City’s short-term priorities and long-term transportation and infrastructure priorities through the return of Community Project Funding, Congressionally 368
Innovative Federal Strategies LLC
Directed Spending, and Member Designated Projects. Additionally, IFS will continue to work with City staff to identify and resolve federal issues that could impact the City.

Given the long-standing relationship between the City and the IFS, we propose a twoyear renewal period structured as follows:
• Year 1 (July 1, 2025 – June 30, 2026): Total funding not to exceed $61,500.00 ($5,000.00/mo., expenses NTE $1,500 annually)
• Year 2 (July 1, 2026 – June 30, 2027): Total funding not to exceed $64,500.00 ($5,250.00/mo., expenses NTE $1,500 annually)
Invoices will be payable NET30 upon receipt of a monthly invoice, and reimbursement for customary business expenses will be limited to those supporting IFS travel to California or supporting City officials or priorities in DC.

IFS proposes that either party may terminate the agreement with 60 days written notice, at which time all obligations with the exception of any nondisclosure agreements and outstanding payments due would cease.

Again, thank you for the opportunity to provide this renewal proposal. Innovative Federal Strategies looks forward continuing to advance the City’s government engagement priorities.

Sincerely,
Letitia H. White
Principal
369
Innovative Federal Strategies LLC
Statement of Work
Innovative Federal Strategies will continue to assist the City of Banning in the following areas during the proposed period of the contract:
• Tracking and Reporting on Legislation and Emerging Policy o Continue to meet collaboratively with the City of Banning to remain intimately familiar with the City’s priorities and the breadth of policies and issues of interest to the City;
o Perform research on salient federal requirements, programs, processes, and legislative histories;
o Track and report on legislation that affects programs or funding in areas of interest to the City;
o Provide real-time situational awareness into the complex evolving current year budget environment to include passage of appropriations and authorization bills; and Continuing Resolutions;
o Provide timely information on Congressional processes, schedules, and content; Member office and Committee appropriations and authorization request deadlines; Congressional hearing schedules, topics, and witnesses; Subcommittee and full Committee legislation mark-ups, subsequent floor debate and amendments; and conferences between the House and Senate; o Review committee hearing transcripts and other proceedings for relevant information of interest to the City;
• Build and Maintain Congressional Relationships with Members and Staff o Develop a Congressional relations engagement strategy, to include initiating, developing, maintaining, strengthening, and expanding relations between the City and its Congressional delegation;
o Increase the visibility of City issues and priorities with Professional Staff Members on key Congressional committees;
o Identify opportunities for City officials to testify before Congressional Committees if desired and, as appropriate, support testimony by City officials; o Track and provide real-time information on key personnel changes in Congressional offices and to membership of and assignments for Professional Staff Members of relevant Congressional Committees;
370
Innovative Federal Strategies LLC
o Facilitate meetings with Members of Congress, their staff and Professional Staff Members to provide information and advocate for City priorities. • Implement Congressional Outreach Campaigns
o Develop a comprehensive annual legislative strategy to address and accomplish City objectives;
o Develop specific legislative proposals that align with City priorities for Congressional authorization and/or appropriations bills when appropriate; o Develop Congressional Subcommittee, Committee, and Floor strategies and tactics to address and advocate for City priority programs and legislation; o Draft and edit briefings, issue papers, technical amendments, testimony, other Congressional correspondence, and appropriations/authorization office and committee request forms as needed;
o Develop questions for use by Members of Congress at hearings with federal agency witnesses on City priorities.

Innovative Federal Strategies will assist the City of Banning in maintaining strict compliance with all applicable federal statues, regulations, rulings and filing requirements including but not limited to laws, regulations and rules pertaining to lobbying activities conducted in connection with an IFS contract. IFS will comply with all federal, state, and local laws, regulations and rulings, including but not limited to all laws, regulations and rulings governing the registration and activities of advocates to the extent that said laws are applicable in our capacity as a registered lobbyist under the contract.

Project Management
Letitia White and Jean Denton will be the principal partners and will directly support the City’s day-to-day engagement. However, all IFS members will be available to support the City’s legislative priorities and interests.

Innovative Federal Strategies will provide monthly reports detailing all actions taken on behalf of the City of Banning to give real-time visibility into the work we are performing and the progress we are making to address and accomplish the City’s priorities. Additionally, we will have periodic scheduled conference calls to discuss strategy, actions taken, and future plans, along with occasional ad-hoc calls to discuss emergent issues in response to legislative action or intelligence received from other congressional engagement.

Innovative Federal Strategies has a strict conflict of interest policy. In the event issues arise where interests between existing clients might conflict, the firm will notify both clients of the potential conflict in the interest of full disclosure and to judge whether, from either client’s 371
Innovative Federal Strategies LLC
perspective, a conflict exists that requires remediation. In the event a conflict is determined to exist, the firm, on a specific case-by-case basis and after discussion with both clients, will remain neutral on the issue in conflict. At this time, we do not believe any conflicts of interest exist between the City and the firm’s existing clients.

Because we appreciate the challenges that cities face, IFS prides itself on offering very reasonable retainers to our municipal clients. We understand that you are responsible for providing a vast number of services to your residents, including public safety, wastewater collection and treatment, water supply and numerous other community services.

Innovative Federal Strategies has a valid license to conduct business in the District of Columbia, has paid required annual federal income taxes, has complied fully with all lobbying activity disclosure and reporting requirements to the U.S. Senate and the House of Representatives, and has no pending disputes with any clients or vendors. 372

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Holly Stuart, Public Works Program Manager Arturo Vela, Director of Public Works
MEETING DATE: June 24, 2025
SUBJECT: Consideration of Resolution 2025-95, Approving a Report in Connection with the Proposed Collection on the 2025/2026 Riverside County Property Tax Roll of Delinquent Solid Waste Service Charges for SingleFamily and Multi-Family Dwelling Accounts and Making a Determination of Exemption under CEQA
RECOMMENDATION:

Hold the public hearing and adopt Resolution 2025-95.

BACKGROUND:

On April 27, 2021, the City Council approved a solid waste franchise agreement with Waste Management of the Inland Empire ("Waste Management") for Residential and Commercial Garbage, Recyclable Materials and Organics Waste Collection, Transportation, Recycling and Disposal Services ("Franchise Agreement"), effective July 1, 2021.

In accordance with the Franchise Agreement, on October 12, 2021, the City Council adopted Ordinance No. 1576, amending and restating Chapter 8.28, “Garbage Collection and Disposal,” of Title 8, “Health and Safety,” of the Banning Municipal Code. In addition to implementing many aspects of the new Franchise Agreement, the ordinance allows the collection of delinquent residential service charges on the County Tax Roll in accordance with the Franchise Agreement and Article 4 of Chapter 6 of Part 3 of Division 5 of the California Health and Safety Code, commencing with Section 5470 (“Article 4”). The operative date of the amendments to the Municipal Code was January 1, 2022.

Pursuant to Article 4, delinquent charges collected on the County Tax Roll will be collected in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City.

The Franchise Agreement provides that Waste Management shall provide solid waste collection services to residential accounts, which includes both single-family dwellings (SFD) and multi-family dwellings (MFD). Pursuant to the Franchise Agreement, services provided to residential accounts that become delinquent are not able to be discontinued. In consideration of Waste Management not being able to discontinue residential services, the City committed to working with Waste Management in placing qualifying residential delinquencies on the County Tax Roll. To initiate the process, the Franchise Agreement requires Waste Management, on May 1st of each year or such other agreed upon date, to notify the City in writing that it seeks to have the City place qualifying delinquencies on the County Tax Roll. At no cost to the City, Waste Management is responsible for timely preparing required information, reports, notices, and materials.
373
Pursuant to the Franchise Agreement, a qualifying delinquent charge is a SFD or MFD charge that is at least 90 days in arrears and for which Waste Management has provided at least one written notice of the delinquency by mail to the service recipient and to the property owner, as listed on the last equalized assessment roll.

On April 28, 2025, Waste Management submitted a formal letter to the City requesting that qualifying SFD and MFD delinquent solid waste service charges for calendar year 2024 be placed on the Fiscal Year 2025/2026 County Tax Roll, together with a report which includes a description of each parcel within the City for which there is a qualifying delinquent charge (“Identified Parcel”) and the delinquent amount for each Identified Parcel (the “Report”). The Report is on file in the office of the City Clerk.

Amounts listed in the Report include past due charges for service and late fees (2.5% or $5 minimum on balances over $15). Additionally, County Tax Roll Fees amount to 10% of unpaid balances per occurrence.

For the calendar year 2024 period, Waste Management’s request amounts to 889 delinquent residential accounts for a total principal balance of $309,127.98. The principal balance for each parcel includes unpaid charges for solid waste collection services (including extra services) for all or a portion of the period of January 1, 2024 through December 31, 2024, and monthly late fees.

JUSTIFICATION:

The action before the City Council is to conduct a Public Hearing to place calendar year 2024 residential delinquent accounts on the Fiscal Year 2025/2026 County Tax Roll.

At the Public Hearing, the City Council shall hear and consider all oral and written objections or protests, if any, to the Report and the collection of the delinquent accounts on the Fiscal Year 2025/2026 County Tax Roll. If the City Council finds at the conclusion of the Public Hearing that the protest is made by the owners of a majority of the separate Identified Parcels, then the Report shall not be adopted and the delinquent charges shall not be collected on the County Tax Roll. In the absence of a majority protest, the City Council may adopt this resolution for inclusion of residential delinquent accounts to be added to the Fiscal Year 2025/2026 County Tax Roll.

The notice of Public Hearing was mailed at least 14 days prior to the hearing to the owner of each Identified Parcel at the address shown on the last equalized assessment roll available on the date the Report was prepared or as known to the City Clerk, and to the address to which the invoices are customarily mailed, if different than the owner’s address. The mailed notices describe the Council’s intent to place delinquent solid waste charges on the Fisal Year 2025/2026 County Tax Roll, public hearing and protests process and deadline to resolve delinquent balances prior to submittal of the delinquencies to the County. In addition, notices of this public hearing were published in the Record Gazette on June 6, 2025 and June 13, 2025.

The following outlines the process for collecting delinquent solid waste charges:

1. Waste Management prepares an annual written Solid Waste Delinquency Report and submits a copy to the City. The delinquency report contains a description of each SFD and MFD parcel receiving solid waste services and the amount of the delinquent amount for each parcel that remains outstanding, which include service charges, late fees and a tax roll fee.

2. City staff evaluates delinquent residential accounts reported and continuously works with Waste Management to identify and resolve any identified inconsistencies. This process is pursued from the time the initial report is submitted by Waste Management through its final submittal to the County of Riverside.

3. At the public hearing, in absence of a majority protest, City Council approves the Solid Waste Delinquency Report and adopts a resolution authorizing the collection of delinquent solid waste charges to be placed on the annual County tax roll. City staff is authorized to decrease the 374
number of residential delinquent accounts and/or principal balances reported to the County, if necessary. Property owners that resolve their outstanding calendar year 2024 solid waste charges with Waste Management, or make partial payment to Waste Management prior to July 18, 2025, will be removed from the accounts submitted to the County of Riverside Auditor-Controller by the City for collection on the County Tax Roll or the amounts submitted will be reduced accordingly.

4. Following the final determination of the delinquent solid waste charges, the City shall file with the County of Riverside Auditor-Controller any remaining delinquent balances, including applicable late fees and tax roll fee, to be included on the respective property owner’s Fiscal Year 2025/26 property tax bill.

Property owners have two options to resolve delinquent solid waste charges:

1. Resolve unpaid solid waste delinquencies with Waste Management before the July 18, 2025 deadline; or

2. Resolve unpaid solid waste delinquencies with the County of Riverside once delinquent charges are included on the Fiscal Year 2025/2026 property tax bill. Delinquent charges collected on the County Tax Roll will be collected in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City.

CEQA
City staff has evaluated the proposed collection of the delinquent charges on the County Tax Roll for purposes of compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. City staff has determined that the proposed collection of delinquent charges on the tax roll is an activity covered by the common sense exemption in that it can be seen with certainty that there is no possibility that such collection may have a significant effect on the environment because the collection only addresses the cost of an existing service provided to the public and not the commencement of a new service or program. Accordingly, the process for the collection of the delinquent charges on the County Tax Roll is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).

FISCAL IMPACT:

At no cost to the City, Waste Management shall be responsible, without limitation, for all costs associated with preparing required information, including but not limited to, reports, notices, and materials, publication costs, and Riverside County fees. The Franchise Agreement provides that the City will pay Waste Management moneys collected from the payment of the delinquent charges placed on the County Tax Roll, less the franchise fee equal to twelve and one-half percent (12.5%).

ALTERNATIVES:

1. In the absence of a majority protest, adopt Resolution 2025-XX, as recommended.

2. In the absence of a majority protest, adopt Resolution 2025-XX with modifications.

3. Reject Resolution 2025-XX and provide alternative direction to staff. If rejected, delinquent charges will not be collected on the Fiscal Year 2025/2026 County Tax Roll, and pursuant to the Franchise Agreement, Waste Management shall have the right to dispute the denial action by pursing measures outlined in the Franchise Agreement.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2025-95, Solid Waste Delinquencies.docx

2. WM Letter.pdf

3. Publication.pdf
375

4. Sample Notification Letter.docx
376
Resolution 2025-95

Page 1 of 4 ends

RESOLUTION 2025-95

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

APPROVING 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 DWELLING AND MULTI-FAMILY DWELLING

ACCOUNTS, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA WHEREAS, the City Council is authorized pursuant to Section 8.28.270 of the Banning Municipal Code and Article 4 of Chapter 6 of Part 3 of Division 5 of the California Health and Safety Code, commencing with Section 5470 (“HSC Code”), to levy and collect annual service charges for the collection, transportation, recycling and disposal of solid waste (“Charges”) and to have the delinquent Charges for single-family dwelling (SFD) and multi-family dwelling (MFD) accounts collected on the County of Riverside Property Tax Roll (“County Tax Roll”); and WHEREAS, the City Council agreed to undertake annual proceedings to collect qualifying delinquent Charges for SFD and MFD accounts on the County Tax Roll in consideration of its franchise agreement with Waste Management of the Inland Empire (“Waste Management”) which provides that Waste Management may not discontinue collection services for these delinquent residential accounts due to nonpayment; and
WHEREAS, pursuant to HSC Section 5473, delinquent Charges collected on the County Tax Roll shall be collected in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City; and WHEREAS, pursuant to its solid waste franchise agreement with the City, Waste Management notified the City in writing on April 28, 2025, that it seeks to have the City collect qualifying delinquent Charges for SFD and MFD accounts for calendar year 2024 on the 2025/2026 County Tax Roll; and
WHEREAS, pursuant to the Franchise Agreement, a qualifying delinquent Charge is a Charge that is at least 90 days in arrears and for which Waste Management has provided at least one written notice of the delinquency by mail to the service recipient and to the property owner, as the property owner is listed on the last equalized assessment roll (“Delinquent Charge”); and WHEREAS, the City has caused a written report to be prepared and filed with the City Clerk in accordance with HSC Sections 5473 and 5473a (“Report”). The Report contains a description of each parcel within the City for which there is Delinquent Charge in connection with a SFD or MFD account (“Identified Parcel”) and the delinquent amount for each Identified Parcel.

The City has received the Report, which is on file in the office of the City Clerk; and WHEREAS, the City set a Public Hearing on the Report and collection of delinquent Charges on the 2025/2026 County Tax Roll for June 24, 2025 in the Council Chambers; and WHEREAS, the notice of Public Hearing was mailed at least 14 days prior the hearing to the owner of each Identified Parcel at the address shown on the last equalized assessment roll available on the date the Report was prepared or as known to the City Clerk, and to the address to which the invoices are customarily mailed, if different than the owner’s address; and notices of the Public Hearing were published in the Record Gazette on June 6, 2025 and June 16, 2025; and 377
Resolution 2025-95

Page 2 of 4 ends

WHEREAS, the City Council has held a full and fair Public Hearing regarding the Report and collection of the Delinquent Charges on the 2025/2026 County Tax Roll, and the City Council considered all oral and written protests or objections regarding the Report and the collection of the Delinquent Charges on the 2025/2026 County Tax Roll; and WHEREAS, no majority protest, as determined in accordance with Health and Safety Code Section 5473.2, exists against the Report and collection of the Delinquent Charges on the 2025/2026 County Tax Roll.

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

SECTION 1. The City Council hereby overrules all protests and objections to the Report and collection of the Delinquent Charges on the Fiscal Year 2025/2026 Tax Roll and approves the Report as filed.

SECTION 2. The City Council approves the Delinquent Charges, including late fees and a tax roll fee, to be placed for collection on the 2025/2026 County Tax Roll.

SECTION 3. The City Manager or designee is authorized to decrease the number of SFD and MFD accounts and/or principal balances set forth in the Report prior to final submittal, should the Delinquent Charges be resolved or paid in part prior to the deadline identified in the notice of the Public Hearing, which is July 18, 2025.

SECTION 4. The City Clerk or designee is authorized and directed to file a certified copy of this Resolution and the Report with the County of Riverside Auditor-Controller.

SECTION 5. The City Council concurs with staff’s determination that the proposed collection of the Delinquent Charges on the 2025/2026 County Tax Roll is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that there is no possibility that such collection will have a significant effect on the environment because the collection of the Delinquent Charges on the County Tax Roll only addresses the cost of an existing service provided to the public and not the commencement of a new service or program.

Consequently, the City Council finds the process for the collection of the Delinquent Charges on the 2025/2026 County Tax Roll is exempt from CEQA pursuant to State CEQA Guidelines Section 15061 (b)(3).

SECTION 6. 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 24th day of June, 2025.

Sheri Flynn, Mayor
City of Banning
378
Resolution 2025-95

Page 3 of 4 ends

ATTEST:

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

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
379
Resolution 2025-95

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CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-95, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 24th day of June 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
380
April 28, 2025
Mr. Art Vela, P.E.

Director of Public Works/City Engineer
City of Banning
99 East Ramsey Street
Banning, CA 92220
RE: 2024 Tax Roll Process
Dear Mr. Vela,
As a part of WM responsibilities, per Section 4.02.1 of the Franchise Agreement, WM is required to provide notification in writing by May 1st our intent to place delinquent accounts on tax roll for calendar year 2024.

4.02.1 Delinquent SFD and MFD Service Accounts. Contractor shall provide SFD and MFD Service Recipients with a notice of delinquency in the event of non-payment if an account is five (5) or more days past due. Contractor will not discontinue Collection Service from delinquent SFD and MFD Service Units. In consideration for Contractor’s agreement to not discontinue Collection Service from delinquent SFD and MFD Service Units, City agrees to assist Contractor with placing and collecting qualifying delinquencies on the tax roll in accordance with Health & Safety Code §5473a. Contractor shall, by May 1st of each year or at such other time as agreed upon by City and Contractor, notify City in writing as to whether it will seek to have City place and collect qualifying delinquencies on the tax roll. Contractor shall be responsible for timely preparing, at no cost to City, all required information, reports, notices, and materials including without limitation, the report required by Health & Safety Code §5473, the notices required by Health & Safety Code §5473.1 and paying for any publication costs. City agrees that it shall within one-hundred twenty (120) days after the Effective Date of this Agreement adopt the necessary ordinance authorizing collection of eligible delinquent SFD and MFD Service Recipients on the tax roll, and to hold all hearings, timely publish all notices, and to timely make all filings required under the above sections, provided Contractor has timely provided the required information, reports, notices, and materials to City. For the purposes of this Section, a “qualifying delinquency” is an SFD or MFD Service Recipient that is at least ninety (90) days in arrears and for which Contractor has provided at least one written notice of the delinquency delivered to the service recipient and to the property owner, as that owner is listed on the last equalized assessment roll, by mail. City shall pay Contractor money collected from payment of the delinquent fees, less the Franchise Fee and the City’s cost to administer the tax roll lien process.

Once we established the dates, we will provide the customer delinquent report, notification to customers, and all other required information and support for the hearing, and any other related activities to this matter.

Should you have any questions, please contact me at (951) 415-4389. Thank you for your time.

Respectfully,
Douglas Tani
WM Public Sector Manager
381
The City of Banning (“City”) levies and collects annual service charges for the collection, WUDQVSRUWDWLRQUHF\FOLQJDQGGLVSRVDORIVROLGZDVWH
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Waste Management of the Inland Empire (“Waste Management”), bills and collects the Charges.

Pursuant to Section 8.28.270 of the Banning Municipal Code and Article 4 of Chapter 6 of Part 3 of Division 5 of the California Health and Safety Code, commencing with Section 5470 (“Article 4”), the City is authorized to have the delinquent Charges for single-family and multi-family accounts collected on the County of Riverside Property Tax Roll (“Tax Roll”).

Delinquent Charges collected on the Tax Roll shall be collected in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City.

Waste Management has requested the City to collect on the 2025-26 Tax Roll qualifying delinquent Charges for single-family and multi-family accounts for all or a portion of the 2024 calendar year.

A qualifying delinquent Charge is a Charge that is at least 90 days in arrears and for which Waste Management has provided at least one written notice of the delinquency by mail to the service recipient and to the property owner, as the property owner is listed on the last equalized assessment roll (“Delinquent Charge”).
7KH&LW\KDVFDXVHGDZULWWHQUHSRUWWREHSUHSDUHGDQGÀOHGZLWKWKH&LW\&OHUNLQDFFRUGDQFH with Article 4 (“Report”). The Report contains a description of each parcel within the City for which WKHUHLV'HOLQTXHQW&KDUJHLQFRQQHFWLRQZLWKDVLQJOHIDPLO\RUPXOWLIDPLO\DFFRXQW ´,GHQWLÀHG
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collected on the Tax Roll includes the unpaid Charges, accrued late fees, and a 10% Tax Roll fee.

NOTICE IS HEREBY GIVEN that the City Council will hold a public hearing on the Report on Tuesday, June 24, 2025 at 5:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers, located at 99 East Ramsey Street, Banning, CA, 92220. The public hearing may be continued from time to time.

At the public hearing, the City Council will hear and consider all oral or written objections or protests to the Report and the collection of the Delinquent Charges on the County Tax Roll. :ULWWHQSURWHVWVPD\EHSHUVRQDOO\GHOLYHUHGWRWKH&LW\&OHUNGXULQJWKHSXEOLFKHDULQJRU SHUVRQDOO\GHOLYHUHGWRWKH&LW\&OHUN·V2IÀFH%DQQLQJ&LW\+DOO

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Banning CA 92220. Written objections or protests must arrive by 5:00 pm on June 24, 2025 to EHFRXQWHG$ZULWWHQSURWHVWPXVWFOHDUO\VWDWHWKHVLJQHU·VRSSRVLWLRQWRWKHFROOHFWLRQRIWKH Delinquent Charges on the Tax Roll, identify the parcel for which the protest is being submitted, and include an original signature of the person submitting the protest.

If, at the conclusion of the public hearing, protest is made by the owners of a majority of the VHSDUDWH,GHQWLÀHG3DUFHOVWKH'HOLQTXHQW&KDUJHVVKDOOQRWEHFROOHFWHGRQWKH7D[ Roll, but may be collected by other means, including a collection action.

If a delinquent amount and accrued late fees are paid in full or in part or otherwise cleared by July 18, 2025, the delinquent amount set forth in the Report and late fees will be removed or reduced as applicable.

For questions or additional information regarding the public hearing, you may call the Public :RUNV'HSDUWPHQWDW

RUHPDLOUHIXVH#EDQQLQJFDJRY
6LQHFHVLWDD\XGDSDUDHQWHQGHUODLQIRUPDFLyQGHHVWDQRWLÀFDFLyQSRUIDYRUOODPHDO (951) 922-3130.

CITY OF BANNING NOTICE OF

PUBLIC HEARING
Notice of Public Hearing Regarding the
Proposed Collection of Delinquent Solid
Waste Charges for Single-Family and MultiFamily Accounts on the Riverside County 2025-26 Tax Roll on
June 24, 2025 at 5:00 p.m.

City Council Chambers – 99 East Ramsey
Street, Banning, CA 92220
382

NOTICE OF PUBLIC HEARING ON DELINQUENT SOLID WASTE SERVICE CHARGES May XX, 2025
TOTAL BALANCE DUE ON ACCT AS OF May XX, 2025: «Total_MAS» MINIMUM AMOUNT DUE TO AVOID TAX ROLL: «Principal»
«OwnerName»
«MailAddress»
«MailCityState» «MailZip»
SERVICE LOCATION:
«NAME»
«HOUSE» «STREET»
«CITY», «STATE» «ZIPCOD»
ACCOUNT #: «COMPANY»-«CUSTOMER»
PARCEL #: «ParcelNo»
Your property has been identified as having unpaid charges for solid waste collection services for all or a portion of the period January 1, 2024 – December 31, 2024. Please be aware that under an agreement with its contract trash hauler, Waste Management of the Inland Empire (“Waste Management”), the City of Banning (“City”) is authorized to annually place delinquent solid waste charges, together with accrued late fees and a Tax Roll fee, on the coming year’s County property tax roll pursuant to Section 8.28.270 of the Banning Municipal Code and Article 4 of Chapter 6 of Part 3 of Division 5 of the California Health and Safety Code, commencing with Section 5470 (“Article 4”). This is done to avoid unnecessary City-wide rate increases in future years or a reduction in solid waste services.

Delinquent charges collected on the County tax roll shall be collected in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City.

The Minimum Amount Due to Avoid Tax Roll referenced above includes unpaid charges for all or a portion of the period January 1, 2024 - December 31, 2024 and accrued late fees. If such amount is not paid or the amount otherwise cleared by July 18, 2025, this amount, together with a 10% Tax Roll fee, will be considered for collection on your County property tax bill for the coming fiscal year (2025-26).

Waste Management has prepared a written report which has been filed with the City Clerk in accordance with Article 4 (“Report”).

The Report contains a description of each parcel within the City for which there are unpaid charges for solid waste collection services for all or a portion of the period January 1, 2024 through December 31, 2024 in connection with a single-family or multi-family account (“Identified Parcel”) and the amount to be collected on the County Tax Roll for each Identified Parcel. As described above, the amount to be collected on the Tax Roll includes unpaid charges, accrued late fees and a Tax Roll fee.

The Banning City Council will conduct a public hearing on delinquent solid waste service charges at the following date and time at which time it will consider the Report and the placement of unpaid charges on property tax bills:
5:00 P.M.

June 24, 2025
Banning City Hall
99 E Ramsey St.

Banning, CA 92220
At the public hearing, the City Council will hear and consider all oral or written objections or protests to the Report and the collection of delinquent solid waste service charges on the County tax roll. Written protests may be personally delivered to the City Clerk during the public hearing or personally delivered to the City Clerk’s Office, Banning City Hall, 99 E. Ramsey Street, Banning, CA 92220.

Written protests may also be mailed to the City Clerk’s Office, P.O. Box 998, Banning, CA 92220 and must arrive by 5:00 P.M. on June 24, 2025 to be counted. A written protest must clearly state the signer’s opposition to the collection of the delinquent charges on the County tax roll, identify the parcel for which the protest is being submitted, and include an original signature of the person submitting the protest. If, at the conclusion of the public hearing, protest is made by the owners of a majority of the identified Parcels, the delinquent charges shall not be collected on the 2025-26 Tax Roll but may be collected by other means including a collection action. 383
If your property is a rental unit, this notice may indicate your tenant has not paid charges for solid waste services. The Banning Municipal Code makes solid waste disposal the responsibility of all property owners in the City. If tenants do not pay their solid waste service charges, the bill becomes the legal obligation of the property owner. Waste Management is willing to send property owners quarterly notices on rental units, so owners will be aware if their tenants have failed to pay. Call Waste Management at the number listed below to arrange for this service.

If you have recently acquired the property identified in this notice, you may not be responsible for charges for service prior to your purchase. You may establish the effective date of the change of ownership by providing a copy of the escrow document or grant deed to Waste Management.

Questions regarding unpaid charges should be directed to Waste Management at (866) 949-9719.

For your convenience, payments can now be made on-line at www.wm.com, or by automated attendant at 1-866-964-2729 using your WM Customer ID# «WM_ezPay_#».

For questions or additional information regarding the public hearing, you may call the Public Works Department at (951) 922-3130 or email [email protected].

Si necesita ayuda para entender la información de esta notificación por favor llame al (951) 922-3130.

Waste Management of the Inland Empire ~ PO BOX 3020 ~ Monroe ~ WI ~ 53566 ~ 866-949-9719 384

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Mikki Sherry, Supervising Fire Marshall
David Newell, Community Development Director
MEETING DATE: June 24, 2025
SUBJECT: Consideration of Introduction and First Reading of Ordinance 1610, Adopting the Fire Hazard Severity Zones within the City of Banning Based on Maps Provided by the California Department of Forestry and Fire Protection by Amending the Banning Municipal Code Section

8.16.020 and Chapter 15.28
RECOMMENDATION:

Introduce by title only and waive further reading of Ordinance 1610.

BACKGROUND:

In 1992, Fire Hazard Severity Zone (FHSZ) classification in the Local Responsibility Areas (LRA) was established with Assembly Bill (AB) 337 in response to the Panorama and Tunnel Fires. From 2008 to 2011, CAL FIRE worked to designate areas as Very High Fire Hazard Severity Zones (VHFHSZ) within the Local Responsibility Area (LRA). During this time local governments were required to adopt the maps as recommended or adjust the recommendation to be more or even less restrictive.

In 2021, Senate Bill (SB) 63 expanded the scope of Fire Hazard Severity Zones (FHSZ) classifications by mandating the identification of additional zones, including Moderate and High Fire Hazard Severity Zones, in addition to the existing Very High. In 2022, Assembly Bill (AB) 211, as codified in Government Code Section 51179, reinforced these mandates and required local agencies to formally designate, by ordinance, all three classifications within 120 days of receiving the recommendations from the State Fire Marshal. The bill also eliminated the local governments’ ability to downgrade the hazard levels recommended by the State Fire Marshal.

The classification of Fire Hazard Severity Zones (FHSZ) in California has evolved significantly over the past several decades in response to the increasing threat of wildfires. The State of California, through the Office of the State Fire Marshal (OSFM) and in collaboration with local jurisdictions, has developed a systematic approach to identifying and classifying areas based on their wildfire hazard potential.

Fire Hazard Severity Zones (FHSZ) are designated based on the likelihood of fire occurring and its expected behavior over a 30 to 50-year period. These zones are determined using factors such as fuel loading, terrain, fire weather conditions, historical fire activity, and wind patterns.

The previous Fire Hazard Severity Zones (FHSZ) maps in California were developed and adopted by the California Department of Forestry and Fire Protection (CAL FIRE) to identify areas at significant risk of wildfires. These maps, which classify zones as moderate, high, or very high fire hazard severity, were originally created using fire history, topography, vegetation, and climate data. They were first 385
implemented in 2007 for State Responsibility Areas (SRA), where CAL FIRE has primary jurisdiction, and later incorporated into Local Responsibility Areas (LRA) through local government planning and building regulations. The adoption of these maps played a crucial role in guiding land-use decisions, establishing building codes, and informing mitigation efforts to reduce wildfire risks. However, as fire behavior has evolved due to climate change, prolonged drought, and increased development in wildlandurban interface (WUI) areas, the need for updated maps has become evident to ensure accurate risk assessments and effective fire prevention strategies.

JUSTIFICATION:

The designation of Fire Hazard Severity Zones (FHSZ) under Government Code section 51178 requires local agencies to engage in a transparent and participatory process to ensure that affected communities have access to updated wildfire hazard information. The updated Fire Hazard Severity Zones (FHSZ) maps were released on March 24, 2025, triggering the requirement for local agencies to make this information available for public review and comment within 30 days of receipt. In compliance with this requirement, the map was posted on the City of Banning’s website for public access and review on April 2, 2025. The City also held an informational workshop with the City Council on April 22, 2025.

Under Government Code Section 51179, cities and other local agencies are required to adopt the State’s Fire Hazard Severity Zones (FHSZ) Map recommendation for Local Responsibility Areas (LRA’s) within 120 days of receiving them. Government Code section 51179(b)(3) prohibits any local agency from decreasing the severity of the zones as identified by the State Fire Marshal for any area within the jurisdiction.

To adopt the FHSZ Map, the draft ordinance proposes repealing Chapter 15.28, Fire Districts, and amending Chapter 8.16, Fire Protection Code. Chapter 15.28 of Title 15 (Buildings and Construction) includes old references that are no longer applicable and therefore requires repealing this Section.

Chapter 8.16 is proposed to be amended by identifying the FHSZ Map received on March 24, 2025, as the City's adopted map within the paragraph referenced as Chapter 49 of Section 8.16.020.

FISCAL IMPACT:

There is no fiscal impact on the City of Banning.

ALTERNATIVES:

Do not introduce Ordinance 1610, to adopt the updated Local Responsibility Areas (LRA) Fire Hazard Severity Zone (FHSZ) Map as mandated by the State.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Ordinance 1610 Adopting City of Banning Fire Maps

2. City of Banning Local Responsibility Area Fire Hazard Severity Zones.pdf

3. Existing Chapter 8.16 Fire Protection Code

4. Existing Chapter 15.28 Fire Districts
386
Ordinance 1610

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Banning City CouncilJune 24, 2025

Banning City Council
June 24, 2025