Banning City Council
July 8, 2025

315
WHEREAS, an Initial Study/ Mitigated Negative Declaration ( IS/MND) was prepared for the Project and was made available on the City of Banning website for public review and comment for a 30- day public review and comment period prior to the public hearing beginning Friday, April 26, 2024, and concluding Tuesday, May 28, 2024; and
WHEREAS, in accordance with the disclosure requirements of CEQA Guidelines Section 15072( g)(5), the Project site is not listed as a hazardous property as designated under Section 65962. 5 of the Government Code; and
WHEREAS, in accordance with Government Code Sections 65353, 65854, 65090, and 65091, on April 26, 2024 the City provided a 30- day public notice by advertisement in the Record Gazette newspaper of a public hearing concerning the Project, and Notice of Intent ( NOi) to adopt a Mitigated Negative Declaration ( MND) for the Project_. The public hearing notice/ NOi was also mailed to the owners of the subject properties within 300- feet of the Project boundary; and WHEREAS, in accordance with Government Code Sections 65353 and 65855, on May 29, 2024 the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to the Project and at which time the Planning Commission considered the entirety of the Project and has adopted Planning Commission Resolution 2024- 13, recommending that the City Council approve the Project; and WHEREAS, in accordance with Government Code Sections 65353, 65854, 65090, and 65091, on Month Day, 2024 the City gave public notice by advertisement in the Record Gazette newspaper, of a public hearing concerning the Project. The public hearing notice was also mailed to the owners of the subject properties within 300- feet of the Project; and WHEREAS, on June 25, 2024, the City Council conducted a duly noticed public hearing on the Project.

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

SECTION 1. The City Council hereby finds that all facts stated in the preceding recitals are true and correct.

SECTION 2. The City Council hereby finds and determines as follows with respect to the California Environmental Quality Act and the Multiple Species Habitat Conservation Plan.

A Pursuant to the California Environmental Quality Act ( CEQA) ( Cal. Pub. Res. Code 21000 et seq.), the State Guidelines ( 14 Cal. Code Regs.§ 15000 et seq.), City Staff prepared an Initial Study of the potential environmental effects of the Project as described in the Initial Study. Based upon the findings contained in that the Initial Study, City Staff determined that, with the incorporation of mitigation measures, there is no substantial evidence that the Project will have a potentially significant effect on the environment and a Mitigated Negative Declaration MND) was prepared in full compliance with the requirements of CEQA.

B. Thereafter, City Staff provided public notice of the public comment period and of the intent to adopt the MND as required by law. The MND and the MMRP are on file with the Planning Department and incorporated herein by this reference. The public comment period began on April 26, 2024, and expired on May 28, 2024. Copies of the documents are available Resolution 2024- 112

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for public review and inspection at City Hall, 99 E. Ramsey Street, Banning, California 92220, the Banning Public Library, located at 21 West Nicolet Street, Banning, California 92220, and the City of Banning website. The City did not receive comments during the public review period.

C. In light of the whole record regarding the Project, the City Council determines and finds, in its independent judgment that: ( 1) the MND was prepared in compliance with CEQA; ( 2) with the incorporation of mitigation measures, there is no substantial evidence that the Project will have a significant effect on the environment. According, the City Council hereby adopts the MND and MMRP for the Project.

D. The Project is located outside of any MSHCP criteria cell areas and plan compliance is provided through payment of the MSHCP Mitigation Fee at the time of building permit issuance.

SECTION 3. The City Council hereby finds and determines as follows with respect to General Plan Amendment 23- 2502:

Finding No. 1: That the proposed amendment is internally consistent with the General Plan.

Findings of Fact: California Government Code Section 65302 requires that a General Plan consist of seven ( 7) State- mandated elements, including Land Use, Circulation, Housing, Conservation, Open Space, Noise, and Safety. The Land Use Element is one of the seven Statemandated elements of the General Plan and includes the Land Use Map for the City of Banning.

The Land Use map and the Zoning map are 100% consistent with one another and, therefore, the same map doubles to serve both purposes. The proposed Project will not create an incompatible land use as two of the three parcels in question are already designated for Industrial uses, the third parcel in question is contiguous with the other two parcels and will be used for the same purpose, and the immediate surrounding area is designated for nonresidential uses.

Finding No. 2: That the proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Findings of Fact: The proposed General Plan Land Use Map Amendment and Zone Change will allow for the orderly development of the proposed Project to construct a steel distribution facility in an industrial area, further strengthening economic development and job opportunities, while not damaging the public interest, health, safety, convenience, or welfare of the City by ensuring such uses are placed away from existing residential uses and other sensitive uses.

Finding No. 3: That the proposed amendment would maintain the appropriate balance of land uses within the City.

Findings of Fact: Table 111- 3, of the Community Development Chapter of the City' s General Plan details that 252. 1 acres of vacant land is designated as General Commercial, and 274. 1 acres of vacant land is designated as Industrial. The Project will decrease the amount of vacant General Commercial land by 4.3 acres, which is less than 1 % (0.00943%) and represents a statistically insignificant change in the balance of vacant non- residential land uses within the City. As such, the balance of land use designations will not be negatively impacted by the Project.

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Finding No. 4: The amendment is physically suitable for the surrounding environment; including, but not limited to site access, the provision of utilities, and compatibility with adjoining land uses, including the absence of any physical constraints, for the requested land use designation( s) and the anticipated land use development( s).

Findings of Fact: The land use amendment will not adjust or change the physical characteristics of the parcels, other than from their current vacant state to a fully developed site in the near future. The existing backbone infrastructure is in place to service the Project location, and the Project will dedicate additional right- of-way along the frontage of Lincoln Street to accommodate widening to the General Plan Circulation Element ultimate configuration for this segment of Lincoln Street.

Findings of Fact: The Project will implement Policy 8 of the Community Development Chapter of the General Plan, which requires that the City assure the provision of adequate utilities, infrastructure, and other capital facilities" ( General Plan, Page 111-44).

Findings of Fact: The Project will implement Program 4.8, which " requires the City make regular assessments of infrastructure capacity and evaluate the necessary expansion and improvements needed to carry out responsible growth management" ( General Plan, Page Vl- 19).

SECTION 4. The City Council hereby finds and determines as follows with respect to Zone Change. 23- 3502:

Finding No. 1: The General Plan requires that the need for public facilities be planned and identified to serve the needs of City residents, businesses, an.d visitors.

Findings of Fact: The proposed Project has been designed to meet City standards which provide satisfactory pedestrian and vehicular circulation, including emergency vehicle access and on- site improvements, streets, utilities, and drainage facilities have been designed and are conditioned to be constructed in conformance with City standards which is consistent with the City' s General Plan.

Finding No. 2: The proposed Amendment is internally consistent with the Zoning Ordinance.

Findings of Fact: The proposed Project is an approximately 47, 000 square- foot light industrial warehouse facility and is consistent with the Zoning Ordinance and development standards. Warehousing and distribution are permitted uses in the Industrial zone and the Project has adequate parking and landscaping. Additionally, all setbacks, height requirements and other applicable standards and design guidelines have been satisfied.

Finding No. 3: That the City Council has independently reviewed and considered the requirements of the California Environmental Quality Act.

Findings of Fact: That the Planning Commission recommends to the City Council that an independent review has been conducted and the Planning Commission has considered an Initial Study and a Mitigated Negative Declaration that has been prepared for the Project.

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SECTION 5. The City Council hereby finds and determines as follows with respect to Tentative Parcel Map 23- 4002:

Finding No. 1: The proposed map is consistent with the General Plan.

Findings of Fact: The General Plan land use designation for the site is classified as General Commercial ( proposed Industrial) and Industrial which allows for manufacturing, warehousing, and distribution. The proposed Tentative Parcel Map 38659 will combine three parcels into one totaling 14.92 acres. One of the primary policies of the Land Use Element of the General Plan is that Projects adjacent to existing neighborhoods shall be carefully reviewed to assure that neighborhood character is protected. The proposed Tentative Parcel Map serves to achieve this objective in that the subdivision design is consistent with existing neighborhood industrial character. Considering all of these aspects, the proposed Tentative Parcel Map furthers the objectives and policies of the General Plan and is compatible with the land use districts within the general vicinity of the Project. ·
Finding No. 2: The design or improvement of the proposed subdivision is consistent with the City' s General Plan.

Findings of Fact: The proposed subdivision has been designed to meet City standards which provide satisfactory pedestrian and vehicular circulation, including emergency vehicle access and on- site improvements, such as streets, utilities, and drainage facilities have been designed and are conditioned to be constructed in conformance with City standards which is consistent with the City' s General Plan.

Finding No. 3: The site is physically suitable for this type of development.

Findings of Fact: The existing on- site project area is generally flat, sloping to the southeast and is covered with native grass and weeds. The site sheet flows to the southeast, discharging along W. Lincoln Street, where flow continues to the east. To the north of the Project site is the Union Pacific railroad, consisting of a limited drainage tributary with elevated tracks on earthen berms, running east/ west. Flows originating to the south of the Union Pacific ( UP) railroad berms are carried to the east via existing earthen swales within the UP right- of-way. Therefore, there are no significant offsite flows impacting the site. Additionally, the Project is adjacent to existing commercial and industrial development and has all services available, including streets, water, sewer and electricity. The site is physically suitable for this type of development.

Finding No. 4: The site is physically suitable for the density of development.

Findings of Fact: The site is located within the Industrial Zoning- District, which allows for the development of warehouses with a maximum building coverage of 60 percent. The Project proposes a maximum building coverage of 7.48 percent, which is considerably less than the maximum allowed. Proposed hardscape for the site will cover approximately 67. 34 percent of the site. The Tentative Parcel Map, to consolidate three lots into one lot as proposed, is suitable with the adjacent development.

Finding No. 5: The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

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Findings of Fact: The site is currently vacant and does not contain any significant vegetation or suitable habitat for wildlife. Per the Multiple Habitat Conservation Plan ( MSHCP), there is no evidence that any endangered, threatened or listed species of plant or animal, or its habitat, is located on the site. There is no evidence that vernal pool complex, similar bodies of water, or conditions suitable for forming such bodies of water exist on the site. The Project incorporates conditions intended to comply with the recommendations of the MSHCP. In addition, this Project has been conditioned to comply with the environmental policies and regulations of the City of Banning and those of all local and regional governmental agencies having jurisdiction over the site.

Finding No. 6: The design of the subdivision or type of improvements is not likely to cause serious public health problems.

Findings of Fact: The design of the subdivision is in conformance with the City' s General Plan, Zoning Ordinance, and Subdivision Ordinance, the construction of a steel distribution and warehouse facility on the site has been conditioned to comply with all applicable City of Banning ordinances, codes, and standards including, but not limited to, the California Uniform Building Code, the City' s Ordinances relating to Stormwater runoff management and controls. In addition, the design and construction of all improvements for the Tentative Parcel Map has been conditioned to be in conformance with adopted City street and public works standards. The City' s ordinances, codes, and standards have been created based on currently accepted standards and practices for the preservation of public health, safety and welfare.

Finding No. 7: The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

Findings of Fact: Other than easements in favor of the City of Banning, Southern California Gas, and the UP, no easements of record or easements established by judgement of a court of competent jurisdiction for public access across the site have been disclosed in a search of the title records for the site and the City does not otherwise have any constructive or actual knowledge of any other such easements.

SECTION 6. The City Council hereby finds and determines as follows with respect to Design Review 23- 7008:

Finding No. 1: The Project is consistent with the applicable general plan designation and · all applicable general plan policies as well with applicable zoning designation and regulations.

Finding of Fact: Proposed Design Review 23- 7008 is consistent with the General Plan Land Use Element Policy, which states: " The land- use map shall provide for sufficient lands to provide a large range of products and services to the City and the region while carefully considering compatibility with adjacent residential lands." The subject property is designated General Commercial and Industrial on the General Plan land use map. The prqposed use is consistent with the I land- use designation. This land use designation includes industrial parks and freestanding industrial users. Examples of permitted uses include light and medium intensity manufacturing operations, warehousing and distribution, ministorage, and associated offices. Further, Design Review 23- 7008 is consistent with General Plan Economic Development Policy, which states: " The City shall take a proactive role in the retention of existing businesses and the recruitment of new businesses, particularly those that generate and broaden employment Resolution 2024- 112

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opportunities, increase discretionary incomes, and contribute to City General Fund revenues." Approval of proposed Design Review 23- 7008 would allow the applicant to promote business diversity, while providing an economic benefit to the City.

Finding No. 2: The proposed Project is consistent with the Zoning Ordinance, including the development standards and guidelines for the district in which it is located.

Finding of Fact: The proposed Project is an approximately 47,000 square- foot light industrial warehouse facility and is consistent with the Zoning Ordinance and development standards. Warehousing and distribution are permitted uses in the Industrial zone and the Project has adequate parking and landscaping. Additionally, all setbacks, height requirements and other applicable standards and design guidelines have been satisfied.

Finding No. 3: The design and layout of the proposed Project will not unreasonably interfere with the use and enjoyment of neighboring existing or future development and will not result in vehicular and/ or pedestrian hazards.

Finding of Fact: The design and layout of the proposed Project is consistent with the development standards and design standards of the Banning Municipal Code. The proposed design and layout will not create any new interference with pedestrian or vehicular traffic paths of the neighboring properties or future development. Additionally, access to the street will be provided by driveways from Lincoln Street and will not result in hazards for vehicles or pedestrians. The Project is conditioned to provide additional right- of- way fronting onto W. Lincoln Street to improve the roadway to its ultimate configuration.

Finding No. 4: The design of the proposed Project is compatible with the character of the surrounding neighborhood.

Finding of Fact: The Project is a new construction development with a proposed 47, 000 square- foot light industrial/ warehouse facility, which will be compatible with adjacent Industrial and other non- residentially zoned properties to the north, south, east, and west. The Project is considered an Industrial use. Landscaping is required to maintain the character of the surrounding neighborhood.

SECTION 7. Based on the foregoing findings and the entirety of the administrative record in this matter, the City Council hereby approves General Plan Amendment 23-2502, Zone Change 23- 3502, Tentative Parcel Map 23- 4002, and Design Review 23- 7008, subject to the recommended Conditions of Approval, attached hereto as Exhibit " A".

SECTION 8. The City Manager or their designee is authorized to file a Notice of Determination for Mitigated Negative Declaration EA 23- 1506 in accordance with CEQA.

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PASSED, APPROVED AND ADOPTED this 25th day of June 2024 . / ATTEST:

Caroline Patton, Admini
City of Banning
APPROVED AS TO FORM:

Serita R. Young , City Attorney
Richards , Watson & Gershon
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CERTIFICATION:

I, Caroline Patton , Administrative City Clerk of the City of Banning , California , do hereby certify that the foregoing Resolution 2024- 112 , was duly adopted by the City Council of the City of Banning , California , at a regular meeting thereof held on the 25th day of June 2024 by the following vote , to wit:

AYES : Happe , Minjares , Sanchez , and Wallace .

NOES: Flynn.

ABSENT:

ABSTAIN :

Resolution 2024- 112

Caroline Patton , AdministiveCityClerk
City Council
City of Banning , California
323
Resolution 2024- 112

Exhibit A
Conditions of Approval for Design Review 23-7008
and Tentative Parcel Map 23-4002 ( TPM 38659)
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PROJECT: EA 23-1506, GPA 23-2502, ZC 23-3502, TPM 23-4002, DR 23-7008 SUBJECT: Conditions of Approval ( City Council Resolution 2024- 112) APPLICANT: Sagecrest Planning+ Environmental
LOCATION: TM 38659 ( APNs 540- 180- 020, 022, 026): See Attached

EXHIBIT A
To City Council Resolution 2024- 112
All fair share agreements, covenant agreements and agreements subject to recordation will . be subject to review and approval by the City Attorney and will include appropriate enforcement provisions by the City and be properly securitized.

Community Development Department

1. The operation of a steel distribution and warehousing facility (" Project") shall always comply with all federal, state, County and City laws, codes, regulations, and standards, including those that relate to hazardous materials.

2. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/ or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings ( whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures ( including, but not limited to, arbitrations, mediations, and other such procedures) ( collectively " Actions"), brought against the City, and/ or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/ or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof ( including actions approved by the voters of the City), for or concerning the Project, whether such actions are brought under the California Environmental Quality Act ( CEQA), State Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Sections 1085 or 1094. 5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City' s defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. 325
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3. Approval of this entitlement shall not waive compliance with any sections of the CA Government Code, Banning Municipal Code ( BMC), or other applicable City ordinances, in effect at the time of building permit issuance.

4. The Project permitted under Design Review 23-7008 shall commence operation within two ( 2) years from the date of this approval, or the Design Review shall become null and void. Additionally, if after commencement of tenant improvements, activities are discontinued for a period of one ( 1) year, the Design Review approval shall become null and void. The Community Development Director may, upon a written application being filed 30 days prior to expiration and for good cause, grant a one- time extension not to exceed 12 months. Upon granting of an extension, the Community Development Director shall ensure that the Design Review complies with all current provisions of BMC Title 17.

5. A copy of the signed Resolution of approval and these conditions of approval imposed on DR 23-7008 TPM 38659 shall be reproduced in legible form on the improvement plans submitted for review and approval as required by the reviewing department.

6. Prior to issuance of a certificate of occupancy/ use of the building, or business activity being commenced therein, the applicant shall complete these conditions of approval to the satisfaction of the Community Development Director. Prior to occupancy, the applicant may use areas identified on the Site Plan for outdoor storage of non- combustible material ( e.g. steel) subject to completion of all screening walls and subject to issuance of a Temporary Use Permit.

7. Prior to the issuance of grading permits ( MM 810-1): In order to avoid violation of the MBTA and the California Fish and Game Code, site preparation activities ground disturbance, construction activities, staging equipment, and/ or removal of trees and vegetation) for the Project shall be avoided, to the greatest extent possible, during the nesting season of potentially occurring native and migratory bird species. If site-preparation activities are proposed during the nesting/ breeding season, the Project proponent shall retain a qualified biologist to conduct a preactivity field survey prior to the issuance of grading permits for the Project to determine if active nests of species protected by the MBTA or the California Fish and Game Code are present in the construction zone. If active nests are not located within the Project Site and an appropriate buffer of 500 feet of an active listed species or raptor nest, 300 feet of other sensitive or protected bird nests non-listed), or 100 feet of sensitive or protected songbird nests, construction may be conducted during the nesting/ breeding season. However, if active nests are located during the pre-activity field survey, the Biologist shall immediately establish a conservative avoidance buffer surrounding the nest based on their best professional judgement and experience. The Biologist shall monitor the nest at the 326
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onset of project activities, and at the onset of any changes in such project activities e.g., increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the Biologist determines that such project activities may be causing an adverse reaction, the Biologist shall adjust the buffer accordingly or implement alternative avoidance and minimization measures, such as redirecting or rescheduling construction or erecting sound barriers. All work within these buffers will be halted until the nesting effort is finished ( i.e., the juveniles are surviving independent from the nest). The on-site qualified biologist will review and verify compliance with these nesting avoidance buffers and will verify the nesting effort has finished. Work can resume within these avoidance areas when no other active nests are found. Upon completion of the survey and nesting bird monitoring, a report shall be prepared and submitted to the City of Banning for mitigation monitoring compliance record keeping.

8. Prior to commencement of ground disturbing activity or and/ construction ( MM 810- 2): Project- specific habitat assessments and focused surveys for burrowing owls will be conducted for implementing development or infrastructure projects within burrowing owl survey areas. A pre- construction survey for resident burrowing owls will also be conducted by a qualified biologist within 30 days prior to commencement of grading and construction activities within those portions of implementing project sites containing suitable burrowing owl habitat and for those properties within an implementing project site where the biologist could not gain access. If ground disturbing activities in these areas are delayed or suspended for more than 30 days after the pre- construction survey, the area shall be resurveyed for owls. The pre- construction survey and any relocation activity will be conducted in accordance with the current Burrowing Owl Instruction for the Western Riverside MSHCP.

If active nests are identified on an implementing project site during the preconstruction survey, the nests shall be avoided, or the owls actively or passively relocated. To adequately avoid active nests, no grading or heavy equipment activity shall take place within at least 250 feet of an active nest during the breeding season ( February 1 through August 31), and 160 feet during the non-breeding season.

If burrowing owls occupy any implementing project site and cannot be avoided, active or passive relocation shall be used to exclude owls from their burrows, as agreed to by the City of Perris Planning Division and the CDFG. Relocation shall be conducted outside the breeding season or once the young are able to leave the nest and fly. Passive relocation is the exclusion of owls from their burrows ( outside the breeding season or once the young are able to leave the nest and fly) by installing 1-way doors in burrow entrances. These 1-way doors allow the owl to exit the burrow, but not enter it. These doors shall be left in place 48 hours to 327
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ensure owls have left the burrow. Artificial burrows shall be provided nearby. The implementing project area shall be monitored daily for 1 week to confirm owl use of burrows before excavating burrows in the impact area. Burrows shall be excavated using hand tools and refilled to prevent reoccupation. Sections of flexible pipe shall be inserted into the tunnels during excavation to maintain an escape route for any animals inside the burrow. The CDFG shall be consulted prior to any active relocation to determine acceptable receiving sites available where this species has a greater chance of successful long- term relocation. If avoidance is infeasible, then a DBESP will be required, including associated relocation of burrowing owls. If conservation is not required, then owl relocation will still be required following accepted protocols. Take of active nests will be avoided, so it is strongly recommended that any relocation occur outside of the nesting season.

9. Prior to issuance of grading permits ( MM CR-1 ): In the event of an unanticipated discovery, all work must be suspended within 50 feet of the find until a qualified archaeologist evaluates it.

If archaeological resources are encountered during ground- disturbing activities, all work shall cease in the area of the find or diverted away from discovery to a distance of 50 feet. The City shall be immediately informed of the discovery and a qualified archaeologist shall be retained by the applicant to determine if the find is classified as a significant historical resource pursuant to CEQA Guidelines Section 15064. 5(a) and/ or unique archaeological resources ( Public Resources Code Section 21083. 2[g]). A qualified archaeologist is an archaeologist who meets or exceeds the Secretary of Interior' s Professional Qualification Standards for archaeology. Personnel of the proposed project shall not collect or move any archaeological materials or associated materials. The qualified archaeologist shall be empowered to halt or divert ground disturbing activities.

If the resource is classified as a significant cultural resource, the qualified archaeologist shall make recommendations on the treatment and disposition of the find. The final recommendations on the treatment and disposition of the find shall be developed in accordance with all applicable provisions of Public Resources Code Section 21083. 2 and CEQA Guidelines Sections 15064. 5 and 15126. 4. The City shall review and approve the recommendations prior to implementation. The City shall be provided with a final report on the treatment and disposition of the finding prior to issuance of a Certificate of Occupancy.

10. Ongoing during earth disturbing activity and/ or construction ( MM CR-2): In the event that human remains ( or remains that may be human) are discovered at the Project Site or within the off-site Project improvement areas during grounddisturbing activities, the construction contractors, Project archaeologist, and/ or designated Luisefio tribal representative shall immediately stop all activities within 328
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100 feet of the find. The Project proponent shall then inform the Riverside County Coroner and the City of Banning Planning Division immediately, and the coroner shall be permitted to examine the remains as required by California Health and Safety Code Section 7050. 5(b).

If the coroner determines that the remains are of Native American origin, the coroner will notify the Native American Heritage Commission ( NAHC), which will identify the " Most Likely Descendent" ( MLD). Despite the affiliation with any Luiseiio tribal representative( s) at the Project Site, the NAHC' s identification of the MLD will stand. The MLD shall be granted access to inspect the Project Site of the discovery of Native American human remains and may recommend to the Project proponent means for treatment or disposition, with appropriate dignity of the human remains and any associated grave goods. The MLD shall complete his or her inspection and make recommendations or preferences for treatment within 48 hours of being granted access to the Project Site. The disposition of the remains will be determined in consultation between the Project proponent and the MLD. In the event that there is disagreement regarding the disposition of the remains, State law will apply and median with the NAHC will make the applicable determination see Public Resources Code Section 5097. 98(e) and 5097. 94(k)).

The specific locations of Native American burials and reburials will be proprietary and not disclosed to the general public. The locations will be documented by the consulting archaeologist in conjunction with the various stakeholders and a report of findings will be filed with the Eastern Information Center ( EiC).

11. Prior to · the issuance of a grading permit ( MM GEO-1 ): The Project proponent/ developer shall submit to. and receive approval from the City, a Paleontological Resource Impact Mitigation Monitoring Program ( PRIMMP). The PRIMMP shall include the provision for a qualified professional paleontologist ( or his or her trained paleontological representative) to be on-site for any Projectrelated excavations that exceed three ( 3) feet below the pre-grade surface.

Selection of the paleontologist shall be subject to approval of the City of Banning Planning Manager and no grading activities shall occur at the Project Site or within the off-site Project improvement areas until the paleontologist has been approved by the City.

In the event of an unanticipated discovery, all work must be suspended within 50 feet of the find until a qualified paleontologist can evaluate the find and make recommendations. The approved paleontologist shall be prepared to quickly salvage fossils as they are unearthed to avoid construction delays. The paleontologist shall also remove samples of sediments which are likely to contain the remains of small fossil invertebrates and vertebrates. The paleontologist shall 329
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have the power to temporarily halt or divert grading equipment to allow for removal of abundant or large specimens.

Collected samples of sediments shall be washed to recover small invertebrate and vertebrate fossils. Recovered specimens shall be prepared so that they can be identified and permanently preserved. Specimens shall be identified and curated and placed into an accredited repository ( such as the Western Science Center or the Riverside Metropolitan Museum) with permanent curation and retrievable storage.

A report of findings, including an itemized inventory of recovered specimens, shall be prepared upon completion of the steps outlined above. The report shall include a discussion of the significance of all recovered specimens. The report and inventory, when submitted to the City of Banning Planning Division, will signify completion of the program to mitigate impacts to paleontological resources.

12. Prior to building permit issuance ( MM GEO-2): Prior to the start of construction, a paleontological resources Worker Environmental Awareness Program ( WEAP) training program shall be presented to all earthmoving personnel to inform them of the possibility for buried resources and the procedures to follow in the event of fossil discoveries.

13. Prior to the issuance of a grading permit ( MM TCR-1 ): at least 30 days prior to the issuance, the applicant shall contact the consulting Native American Tribe(s) that have requested monitoring through consultation with the City during the AB 52 and/or the SB 18 process (" Monitoring Tribes"). The applicant shall coordinate with the Tribe(s) to develop individual Tribal Monitoring Agreement( s). A copy of the signed agreement( s) shall be provided to the City of Banning Community Development Department, Planning Division prior to the issuance of a grading permit. The Agreement shall address the treatment of any known tribal cultural resources ( TCRs) including the project' s approved mitigation measures and conditions of approval; the designation, responsibilities, and participation of professional Tribal Monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains/ burial goods discovered on the site per the Tribe(s) customs and traditions and the City's mitigation measures/ conditions of approval.

The Tribal Monitor will have the authority to stop and redirect grading in the immediate area of a find in order to evaluate the find and determine the appropriate next steps, in consultation with the Project archaeologist.

14. Ongoing during earth disturbing activity and/or construction, MM TCR-2: It is understood by all parties that unless otherwise required by law, the site of any 330
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reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 ( r), parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 ( r).

15. The subject property shall be operated and maintained in accordance with the site plans stamped approved by the City and on file in the Planning Division, the conditions contained herein, and the applicable regulations within the BMC.

16. The Applicant shall complete any/all improvements to the site contained in the Subdivision Improvement Agreement for TM 38659.

17. The Applicant shall be responsible for completion of all Performance and Labor and Material Bonds under the approval for TM 38659.

18. Prior to release of performance bonds, the developer shall complete all public improvements including street widening, sidewalks, connections to sidewalks and trails within the development, providing ease of access to common open spaces and amenities.

19. The Applicant shall submit a Landscape Plan for review and approval by the City' s consulting landscape architect. The appropriate number and sizes of specimen trees planted along the project frontage shall be determined by the landscape architect and shall substantially conform to the conceptual landscape plan approved by the City and on file with the Planning Division.

20. The Applicant shall submit a Fence and Wall Plan for approval by the Community Development Director. The fence and wall plan shall incorporate design elements that offset wall planes and/or provide " movement" a minimum of every fifty ( 50) lineal feet, and shall substantially conform to the conceptual fence and wall plan approved by the City and on file with the Planning Division.
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Building Department

21. Once submitted for official plan review full architectural and structural drawing plans shall be provided. Structural plans and calculations shall be provided by a California licensed engineer or licensed architect.

22. Please provide the following number of construction plans and documents listed below for the first review of the proposed project. The initial plan review time will take two weeks on most projects. The applicant will receive an application number at the time plans are submitted for Building & Safety' s plan review. This number is needed to obtain information regarding your project:
7) Precise Grading Plans
7) Plot/Site Plans
7) Site Disabled Access Plan
7) Architectural Plans
7) Structural Plans
7) Electrical Plans
7) Electrical Load Calculations
7) Plumbing Plans/ Isometrics
7) Mechanical Plans
2) Structural Calculations
2) Roof and Floor Truss Calculations
2) Title 24 Energy Calculations
2) Geology Report
2) Soils Report
2) Condition of Approval Packages
3) Temporary Fence Plan

23. Electronic plan submittal can be provided by building and safety. Please email CommunityDev@banningca. gov for additional information .

24. All structures shall be designed in ·accordance with the current version of the California Building Codes, including the California Green Building Standards Code.

Design all structures to comply with Seismic Design Category D, basic wind speed should be site specific and determined from ATC at www .atcouncil. org/windspeed with exposure type " C", and Energy Calculations shall be designed per Climate Zone 10 .
25 . Where applicable , prior to issuance of building permits, provide a receipt from the appropriate Unified School District stating that all school fees have been paid.

Banning Unified School District)
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26. Banning Electric does not release electric meters until final approvals are obtained from all agencies and departments.

27. Construction projects, requiring temporary electrical power, shall obtain an electrical permit from Banning Electric.

28. Construction projects requiring fire permits must apply and submit fire plans prior to the issuance of the building permit, including fire sprinkler submittals.

29. The Developer/ Owner is responsible for the coordination of releasing any Deferral of Development Impact Fees or Bonds after such fees have been paid. The Developer/ Owner should oe aware, once the deferral notice is sent to the Riverside County Recorder' s Office; the release process takes two to three weeks. This process will delay final Certificates of Occupancy.

30. The Developer/ Owner is responsible for the coordination of the final occupancy.

The Developer/ Owner shall request clearances from each department and/or agency at least two weeks prior to requesting a final building inspection from Building and Safety. Each agency may sign the Building and Safety Job Card, or provide agency approved signed documentation, and provide a copy of the signatures to Building and Safety at the time the final inspection is requested.

31.A security fence with screening shall protect all construction sites. The fencing and screening shall be maintained at all times to protect pedestrians. All development projects shall submit a construction fencing plan with the construction design plans. Construction projects that have phased occupancy shall be completely separated by a construction fence that is screened and show the adjusted fence locations at each phase.

32. The permittee shall utilize an anti- graffiti coating on trash enclosures and decorative block walls.

33. On site toilet facilities shall be provided for construction workers and such facilities shall be maintained in a sanitary condition. Construction toilet facilities of the nonsewer type shall conform to ANSI ZA.3 and on site per NPDS stormwater requirements.

34.AII construction materials, which are not used, shall be recycled pursuant to the requirements per the California Green Building Standards Code. Receipts from the recycle compa·ny responsible for picking up the materials shall be kept in the construction office. After the construction is complete and before final occupancy, all trash receipts shall be forwarded to the City.
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35. Prior to the issuance of Building Permits, on site water service shall be installed and approved by the responsible agency. On site fire hydrants shall be approved by the Riverside County Fire Department. No flammable materials will be allowed on the site until the fire hydrants are established and approved. No flammable construction materials shall be placed on the site without approvals by the Fire Department. All street and access roadways around the project shall be paved for emergency response vehicles before flammable materials are placed on the project.

36. Prior to issuance of building permits, site-grading certifications, compaction reports, and survey report shall be submitted to Building and Safety or to Public Works, as applicable.

37.AII construction projects shall comply with the NPDES Stormwater Best Management Program. Prior to building permit issuance submit copy of the Water Quality Management Program Report. ( WQMP)

38.AII deferred plan items are to be identified on the cover sheet of the drawing plans.

39. Site development and grading shall be designed to provide access to all entrances and exterior ground floor exits and access to normal paths of travel. The accessible route(s) of travel shall be the most practical direct route.

40. Demolition of any onsite structures requires the following information or action. a. Submit copies of the property title at permit submittal. b. Provide copy of the hazardous materials survey ( asbestos and lead) for each structure.
c. Contact the City of Banning Building & Safety Department for current abatement and documentation requirements prior to performing demolition.

41. For the removal of fuel storage tanks, or other excavations involving backfill, a compaction shall be filed with the Building & Safety Department. Fuel storage tank removal will require notification of Riverside County Fire, Hazardous Materials and Riverside County Environmental Health Department.

42. All dead and removed trees and foliage is to be properly removed from the site.

43. The City enforces the State of California provisions of the California Building Code disabled access requirements. The Federal Americans with Disabilities Act (ADA) standards may differ in some cases from the California State requirements; therefore, it is the building owner's responsibility to be aware of those differences and comply accordingly.
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44. Building and Safety inspection requests must be made by 4:00 pm. on the previous City working day to receive a next day inspection. Please contact ( 951) 922-4820

45. Plan review application approval is valid for a period of 180 days after application date (plan check submittal date)- if the permit is not obtained within that time period the approval expires and becomes null and void. The Building Official may extend the time for action by the applicant for a period of 90 days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action on an application after expiration the applicant shall resubmit plans and pay a new plan review fee.

Electric Utility

46. A New Service Questionnaire will be required to determine the electrical demand of the project and to ensure the City of Banning Electric Utility (" BEU") can provide safe and reliable service to the project.

47. The City of Banning Electric Utility will require adequate easements needed to service the project. An easement area will be required along Lincoln St for vaults, conduits, streetlights and pad mounted transformers and switches. Adequate easements will be required to serve all parcels of this project. These easements shall be offered for dedication to the City of Banning for public utility purposes. A non-exclusive easement shall be provided to the City of Banning to include the installation of electric distribution facilities within all common areas.

48.AII structures and equipment will not be permitted to be built, installed, or stored under any overhead power lines and must maintain a minimum of 10-ft clearance from all overhead power lines.

49. Electrical point of connection will be provided from the area of Lincoln St and 12th St depending on the developer' s layout of the site (ex: electric room).

50. Streetlight infrastructure is to be installed by the developer, including necessary metering equipment, and are assumed to be publicly owned and maintained by BEU along West Lincoln St. Streetlighting requirements along HWY 243 shall adhere to the requirements of City of Banning Public Works and/or Cal Trans.

51. Prior to constructing BEU's electric distribution system, the developer shall submit a detailed engineering plan showing design, location, and schematics for the utility system to be approved by BEU. The developer will also be required to follow the 335
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Electric Utility Maps & Records requirement. This will allow the utility to assist with the completion of a distribution plan and provide a cost estimate to serve the project.

52. *Note: Detailed design conditions and requirements to serve the project with electricity shall be discussed and reviewed following future approvals as the project progresses. Including the possibility of relocating existing steel poles along the frontage of the property.

53. The Developer may be required to execute one or more line extension agreements with BEU providing for the installation, construction, improvement, and dedication of the utility system.

54.AII electric utility equipment will require to have adequate working clearances per local and state requirements, because of this some trees and bushes shown on the landscape plan might be eliminc: tted. This equipment includes substructures, transformers, pad mounted switch gear and meter locations.

55. Please complete and return the following: New Service Questionnaire, Maps & Records Requirements, Electric Utility General Development Service Requirements.

Fire Department
With respect to the conditions of approval for the referenced project, the Fire Department requires the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards:

56. Fire Protection Water Supplies/ Fire Flow - Minimum fire flow for the construction of all buildings is required per CFC Appendix B or other approved method. Prior to building permit issuance for new construction, the applicant shall provide documentation to show there exists a water system capable of delivering the required fire flow. Specific design features may increase or decrease the required fire flow. Reference CFC 507.3.

57. Fire Protection Water Supplies/ Hydrants - The minimum number of fire hydrants required, as well as the location and spacing of fire hydrants, shall comply with CFC Appendix C and NFPA 24. Fire hydrants shall be located no more than 400 feet from all portions of the exterior of the building along an approved route on a fire apparatus access road, unless otherwise approved by the Fire Department.

Fire hydrants shall be at least 40 feet from the building it is serving. A fire hydrant shall be located within 20 to 100 feet of the fire department connection for buildings protected with a fire sprinkler system. The size and number of outlets required for 336
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the approved fire hydrants are 4" x 2 ½" x 2 ½" ( super hydrant). Reference CFC 507.5, CFC Appendix C and NFPA 24 7.2.3.

58. Fire Department Access - The minimum required turning radius of a fire apparatus access road is 38 feet outside radius and 14 feet inside radius. The construction of the fire apparatus access roads shall be all weather and capable of sustaining 75,000 lbs. Reference CFC 503.1.1, 503.2.1 as amended by the County of Riverside and Riverside County Office of the Fire Marshal Technical Policy # TP22- 002.

59. Fire Department Building Construction Permit Review - Submittal of construction plans to the Fire Department will be required. Final fire and life safety conditions will be addressed when the Fire Department reviews these plans. These conditions will be based on California Fire Code, California Building Code ( CBC), and related codes/ standards adopted at the time of construction plan submittal.

Reference CFC 105.1.

60. Fire Sprinkler System - All new commercial buildings and structures 3,600 square feet or larger will be required to install a fire sprinkler system. Reference CFC 903.2 as amended by the County of Riverside.

61. Fire Alarm and Detection System -. A water flow monitoring system and/ or fire alarm system may be required as determined at time of building construction plan review. Reference CFC 903.4 and CFC 907.2.

62. Traffic Calming Devices - Requests for installation of traffic calming designs/ devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal. Reference CFC 503.4.1.

63. Dock loading shall not impede fire department access lanes.

64. Knox Box and Gate Access: Buildings shall be provided with a Knox Box. The Knox Box shall be installed in an accessible location approved by the Office of the Fire Marshal. All electronically operated gates shall be provided with Knox key switches and automatic sensors for access. Ref. CFC 506.1.

65.Addressing: All commercial buildings shall display street numbers in a prominent location on the address side and additional locations as required. Ref. CFC 505.1 and County of Riverside Office of the Fire Marshal Standard # 07-01.

66. Fire Addressing: All residential dwellings shall display street numbers in a prominent location on the street side of the residence. Ref. CFC 505.1 and County of Riverside Office of the Fire Marshal Standard # 07-01. 337
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Public Works Department
General

67. The subject property shall substantially conform to the approved TENTATIVE PARCEL MAP 38659 and DESIGN REVIEW 23-7008. The City Engineer may approve minor design modifications to the project plans during the plan check process, if such modifications conform to the provisions of the Banning Municipal Code. Substantial changes shall not be permitted except upon application for, and approval of modification of this entitlement in compliance with all applicable procedures and requirements.

68. Revisions to the approved TENTATIVE PARCEL MAP 38659 during plan check process; including, but not limited to, lot line alignments, easements, improvement plan revisions, and similar minor changes that are in substantial compliance with the Tentative Map, or associated Conditions of Approval, shall be administratively approved through the plan check process with the mutual consent and approval of the Developer, the Community Development Director, and the City Engineer.

Changes that are not administratively approved, through the process referenced above and herein shall be amended in accordance with the Subdivision Map Act, as amended and codified within the Banning Municipal Code (BMC).

69.AII Ordinances, Policy Resolutions, and Standards oMhe City in effect at the time this project is approved shall be complied with as a condition of this approval.

70.AII applicable mitigation measures specified in the approved Technical Studies Traffic Impact Analysis ( TIA), Water Quality Management Plan (WQMP)), shall be incorporated as conditions of approval for this project and shall be addressed to the satisfaction of the Public Works Director and City Engineer .

71. The applicant shall comply with the Approved site plan, the preliminary grading plan, the preliminary WQMP & Hydrology report, and other relevant documents approved during project entitlement. Any significant omission to the representation of the site conditions may require the plans to be resubmitted for further review and revision.

72.An Encroachment Permit shall be required prior to commencement of any work within the public right-of-way. The contractor working within the public right-of-way shall submit proof of a Class " A" State Contractor' s License, City of Banning Business License, and Liability Insurance.
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73. The applicant is responsible for resolving any conflicts with existing or proposed easements. All easement( s) of record and proposed easements shall be shown on the final map, grading plan, and improvement plans where applicable.

74. Where survey monuments exist, such monuments shall be protected or shall be referenced and reset, pursuant to the Business and Professions Code·, Sections 8700 to 8805 ( Land Surveyors Act).

75. All future utility systems including gas, electric, telephone, water, sewer, and cable TV, shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City codes and the utility provider.

Telephone, cable TV, and/ or security systems shall be pre-wired. All future utility systems including gas, electric, telephone, water, sewer, and cable TV, shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired.

76. Any existing public improvements, or public improvements not accepted by the City that are damaged during construction shall be removed and replaced as determined by the City Engineer or his/her representative.

77.AII weather vehicular access shall be maintained at all times to all parts of the proposed subdivision, where construction work is in progress, for emergency vehicles.

78. All precautions shall be taken to prevent washouts, undermining and subsurface ponding, caused by rain or runoff to all surface structures ( curbs, gutters, sidewalks, paving, etc.). The Engineering Division may order repair, removal and replacement, extra compaction tests, load tests, etc. or any combination thereof for any such structure that was damaged or appears to have been damaged. All of the additional work, testing, etc., shall be at the expense of the Applicant.

79. Prior to the release of surety and upon completion of construction, the Applicant shall furnish the City with reproducible record drawings on Mylar film of all improvement plans that were approved by the City Engineer. Each sheet shall be clearly marked " As-Built" or "As-Constructed" and shall be stamped and signed by the engineer or surveyor certifying the accuracy and completeness of the drawings. The applicant shall have all AutoCAD files submitted to the City, revised to reflect the "As-Built" conditions.

Improvement Plans, Maps, Reports, Agreements and Certifications 339
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80. The following is a non-inclusive list of items that may be required by the Public Works Department. Unless otherwise authorized in writing by the City Engineer, plans shall utilize the minimum scale specified and shall be drawn on 24"x36" sized paper. Plans should be drawn at a larger scale if additional detail and/ or clarity is desired ( Note: The applicant may be required to prepare other improvement plans not listed here pursuant to improvement required by other agencies and utility purveyors). Other engineered improvement plans prepared for City approval that are not listed herein shall be prepared in formats approved by the City Engineer prior to commencing plan preparation.

81.AII required plans and studies shall be prepared by a Registered Professional Engineer, Registered Professional Geologist. Registered Professional Landscape Architect or Registered Professional Surveyor in the State of California and submitted to the Public Works Department for review and approval.

82. The design of public infrastructure elements shall conform to the requirements of these Conditions of Approval, City General Plan, City/ Regional Master Plans, City of Banning Grading Manual, City of Banning codes/ standards, Standard Specifications for Public Works Construction ( current edition), and Caltrans Standards and Specifications at no cost to any governmental agency as required by the City Engineer.

83. The design of private grading and improvements outside of public right of way shall comply with the City of Banning Grading Manual, Title 18 of the City of Banning Municipal Code, California Building Code, State Water Resources Control Board orders, rules, and regulations, and City of Banning standards and practices.

84.AII off-site plan and profile, street improvement plans, and signing and striping plans shall show all existing improvements for a minimum distance of 200 feet beyond the project limits, and to a distance sufficient to show any required design transitions.

85. An index map shall be provided on the title sheet of all plan sets showing the overall view of the entire work area.

86. All plans shall be complete, to the satisfaction of the City Engineer, prior to final map recordation and determination of surety estimates.
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87. Permit Type
Grading
Encroachment
Final Maps
Technical
Studies
Permits and
Agreements
Plan Set
Rough Grading Plan
Precise Grading Plan
Retaining Walls
Erosion and Sediment Control
Street Improvement Plan Signing and
Striping Plan Traffic Control Plan
Storm Drain Improvement Plan Potable Water
Plan
Sewer Plan
Final Map
Easement Dedications Corner Records
Records of Survey
Geotechnical Report Compaction
Report
Hydrologic and Hydraulic Report Water
Quality Management Plan
BMP Agreement
Landscape Maintenance Agreement
Subd ivision/1mprovement Agreement
Performance Bonds
Labor and Material Bond
Maintenance Bond
Certifications Non-Interference Letter
Grading Certifications Pad Certifications
Mapping/ Survey
1" = 40'
1" = 20'
1" = 40'
1" = 40'
Scale
1" = 40' Horiz/ 1" = 4' Vertica
1" = 40'
1" = 40'
1" = 40' Horiz/ 1" = 4' Vertica
1" = 40' Horiz/ 1" = 4' Vertica
1" = 40' Horiz/ 1" = 4' Vertica
1" = 40'

88. The submittal, approval, and recordation of the Final Map shall be in accordance with the provisions of the State Subdivision Map Act and Title 16, Subdivisions, of the Banning Municipal Code.

89. The Final Map shall have adequate reservations for public ingress and egress as well as public and/or private utility easements and abandonment of existing utility 341
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easements to the satisfaction of the City Engineer. The applicant shall be responsible for contacting all utility providers to establish appropriate easements required to provide services to each development area.

90. The applicant shall file an Environmental Constraint Sheet. An Environmental Constraint Sheet means a duplicate of the final map on which are shown the Environmental Constraint Notes. This sheet shall be filed with the County Surveyor simultaneously with the final map and labeled ENVIRONMENTAL CONSTRAINT SHEET in the top margin. Applicable items will be shown under a heading labeled Environmental Constraints Notes. The Environmental Constraint Sheet shall contain the statement:

THE ENVIRONMENTAL CONSTRAINT INFORMATION SHOWN ON THIS MAP

SHEET IS FOR INFORMATIONAL PURPOSES DESCRIBING CONDITIONS AS

OF THE DATE OF FILING, AND IS NOT INTENDED TO AFFECT RECORD TITLE INTEREST. THIS INFORMATION IS DERIVED FROM PUBLIC RECORDS

OR REPORTS, AND DOES NOT IMPLY THE CORRECTNESS OR

SUFFICIENCY OF THOSE RECORDS OR REPORTS BY THE PREPARER OF THIS MAP SHEET.

As required by the City Engineer, the sheet shall delineate constraints involving, but not limited to, any of the following that are conditioned by the Advisory Agency:
archaeological sites, geologic mapping, grading, building, building setback lines, flood hazard zones, seismic lines and setbacks, fire protection, water availability, and sewage disposal.

91. Prior to issuance of any permit( s), the applicant shall acquire or confer property rights necessary for the construction or proper functioning of the proposed project/ development. Conferred rights may include right-of-way dedications, irrevocable offers to dedicate or grant of easements to the City for emergency services, maintenance, utilities, storm drain facilities, or temporary construction purposes including the reconstruction of essential improvements as directed by the City Engineer. All costs associated with acquiring rights- of-way or easements shall be borne by the applicant.

92. In the event that the applicant in unsuccessful in acquiring necessary property rights outside the project/ development, the City will consider and potentially act on the option to acquire through eminent domain. Permits ( or portions of permits) that are not affected by ROW acquisition will not be held up during the property acquisition or eminent domain process.

93. During the improvement plan checking process, turning radius template checks shall be submitted for access to all storm drain facilities, open space, and other 342
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utility easements that are accessed from a publicly accessible paved street. These templates shall clearly show that the easements are sufficient for full access under emergency conditions. The City of Banning' s review of the easements shall include appropriateness of the vehicle turning radius, easement slopes and easement widths. Additional easement widths shall be required when the design vehicle is likely to use outriggers or other means of load stabilization.

94. All public facilities including sewer, water, reclaimed water and drainage shall be located in a public right of way or public utility easement. All final maps shall include appropriate easements per the approved tentative map and as required by the City Engineer and/ or other agency maintaining public facilities. All easements shall meet minimum width and access requirements as mandated by the City or governing agency.

95. Submit a copy of the title report, closure calculations, and any separate instruments or necessary right- of-way documents to the Engineering Division prior to final map approval.

96. The Applicant shall be responsible for research on private utility lines ( Gas, Edison, Telephone, Cable, Internet, etc.) to ensure there are no conflicts with site development. All existing on-site utility lines that conflict with this project shall be relocated, removed, or sealed to the satisfaction of the City Engineer.

97. The applicant shall not grant any easements over any property subject to a requirement of dedication or irrevocable offer of dedication to the City of Banning unless such easements are expressly made subordinate to the easements to be offered for dedication to the City. Prior to granting any of said easements, the applicant shall furnish a copy of the proposed easement to the City Engineer for review and approval. Further, a copy of the approved easement shall be furnished to the City Engineer prior to the issuance of any certificate of use and/ or occupancy.

98. The applicant, at its sole expense, shall obtain all right of way or easement acquisitions necessary to implement any portion of condition of this project, including public improvements, off-site grading and construction, offsite street requirements, offsite public utility requirements, storm drain improvements, or any other requirement of these conditions.

99. The applicant shall provide an easement over, across, and which provides ingress and egress to all private water quality, stormwater, drainage basins, public water facilities, public sewer facilities, public electric facilities, and fire department access to be dedicated to the City, for ingress, egress, and right to inspect, repair, remove, and replace unless otherwise directed by the City Engineer. 343
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100. The applicant shall offer for dedication on the Final Map, within Final Map boundaries, all public street right- of-way and public utility easements in conformance with project entitlement documents. The City may reject the dedications and leave them open for future acceptance when all required public street improvements for the map are installed by the applicant in the rights of way. 101. The applicant shall offer to dedicate to the City of Banning additional Right of Way as described below:

Lincoln Street: 55' half width dedication ( measured from Centerline) All offers of dedication shall include the corner cut-back at all intersections. 102. Security for the construction of public improvements in accordance with Government Code Section 66499 shall be as follows:

Faithful Performance Bond 100% of estimated cost Labor and Material Bond 100% of estimated cost
Monumentation Bond - In the amount as supplied by the Record Engineer/ Land Surveyor and as approved by the City Engineer Securities for the public improvements shall be on file with the City Clerk prior to scheduling the final map for approval by City Council. Unit prices for bonding estimates shall be those specified or approved by the City Engineer. 103. The City and the applicant are to enter into a Public Improvement Agreement to guarantee the construction of the public improvements as listed in the Conditions of Approval and as shown on the approved plans. 104. The applicant shall verify and/ or set all property corners, r/w corners, and centerline monuments. Subsequently, the applicant shall cause the surveyor to file the appropriate documents and records to the County of Riverside. 105. Public improvements shall be completed and accepted by City of Banning prior to release of Faithful Performance Bond and Labor and Material Bond for such improvements. Faithful Performance Bond for applicable public improvements shall be reduced to 10% once City accepts improvements into maintenance period. Final 10% to serve as the maintenance bond for the 1- year maintenance period.
106. The Applicant shall comply with Assembly Bill 1414, which was enacted on January 1, 1995, and amended Section 8771 of the Business and Professions 344
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Code of the Land Surveyors Act. Assembly Bill 1414 requires that two ( 2) corner records be filed when:
1 Monuments exist that control the location of subdivisions or tracts, streets or highways; or provides survey control. The monuments are located and referenced by a licensed Land Surveyor before any streets or highways are reconstructed or relocated. The corner record( s) of the references are filed with the County Surveyor.
1 Monuments are reset in the surface of the new construction and a corner record is filed with the County Surveyor before recording of a Certificate of Completion for the project.
107. Permanent survey monuments shall be set at the intersection of street centerlines, beginning, and end of curves in centerlines, and at other locations designated by the Director of Public Works and City Engineer. All other centerline monuments shall be placed in accordance with standard survey practice. A complete set of street centerline ties shall be submitted to the Engineering Division upon completion of improvements or prior to release of the monumentation bond.

Grading
108. The applicant shall comply with Title 18 of the Banning Municipal Code Grading, Erosion, and Sediment Control", the City of Banning Grading Manual, California Building Code related to excavation and grading, and State Water Resources Control Board orders, rules, and regulations. 109. Grading work shall be balanced on-site, wherever possible. If export is required as a result of the final grading plan, then measures will be taken to be in compliance with the applicable City of Banning Ordinances at time of final grading plan approval.
110. The project grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage areas, outlet points and outlet conditions. Otherwise, a drainage easement shall be obtained for the release of concentrated or diverted storm flows. The project shall accept and convey storm flows from the adjacent property within the property boundaries, or within drainage devices and easements obtained by the applicant. 111. Rough grading plans shall include perimeter walls with top of wall and top of footing elevations shown. All footings shall have a minimum of 1-foot of cover, and/ or sufficient cover to clear any obstructions. The Applicant shall submit design 345
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calculations and obtain permits for all perimeter and retaining walls from the Building and Safety Department.
112. A Grading Plan and Erosion Control Plan shall be submitted to the City Engineer for review and approval.
113. Detailed grading plans shall be prepared and approved by the City prior to any on-site grading for the project.
114. A soils report and geotechnical study shall be submitted in conjunction with the grading plan with further analyses of on-site soil conditions and appropriate measures to control erosion and dust. Any issues or recommendations provided in the report shall be addressed to the satisfaction of the City Engineer. The responsible geotechnical engineer shall sign and stamp all grading plans indicating the plan complies with the recommendations of the comprehensive soils an_d geotechnical report.
115. A grading permit shall be obtained from the Public Works Department prior to the commencement of any grading work.
116. For construction activities including clearing, grading or excavation of land that disturbs one ( 1) acre or more of land, or that disturbs less than one ( 1) acre of land, but which is a part of a construction project that encompasses more than one 1) acre of land, the applicant shall be required to submit a Storm Water Pollution Protection Plan ( SWPPP) and file a Notice of Intent ( NOi) with the Regional Water Quality Control Board ( RWQCB). The applicant shall provide proof that the NOi and SWPPP has been approved by the RWQCB prior to issuance of any permits.

The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. The applicant' s SWPPP shall include provisions for all of the following Best Management Practices (" BMPs"):

Temporary Soil Stabilization ( erosion control).

Temporary Sediment Control.

Wind Erosion Control.

Tracking Control.

Non-Storm Water Management.

Waste Management and Materials Pollution Control.

All erosion and sediment control BMPs proposed by the applicant shall be designed using the CASQA BMP handbook and approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 346
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117. Construction documents shall include language that requires all construction contractors to strictly control the staging of construction equipment and the cleanliness of construction equipment stored or driven beyond the limits of the construction work area. Construction equipment shall be parked and staged within the project site. Staging areas shall be screened from view from adjacent properties. Vehicles shall be kept clean and free of mud and dust before leaving the development site. Surrounding streets shall be swept daily and maintained free of dirt and debris.
118. A precise grading plan shall be submitted to the City Engineer for review and approval. A grading permit shall be obtained prior to commencement of any grading activity.
119. The applicant shall provide a lot pad certification. The pad certification shall include an elevation and compaction certification. The elevation certification shall be stamped and signed by a licensed civil engineer or land surveyor and shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. The compaction certification shall list the relative compaction of the pad soil and shall be certified by a licensed geotechnical engineer.
120. The applicant shall provide a Final Grade Certification. The certification shall be stamped and signed by a licensed civil engineer or land surveyor and shall show actual building setbacks, swales, drainage devices, and other items shown in conformance with the approved Precise Grading Plan.

Stormwater/ Water Quality
121. The applicant shall comply with Chapter 13.24 " Stormwater Management Systems" of the Banning Municipal Code.
122. The applicant shall submit a Drainage Study with hydrologic and hydraulic analysis for developed and undeveloped ( existing) conditions to the Engineering Division for review and approval. The study and analysis shall be prepared by a civil engineer licensed by the State of California. Drainage design shall be in accordance with Banning Master Drainage Plan adopted by Riverside County Flood Control and Water Conservation District ( RCFCD), RCFCD Hydrology Manual, and standard plans and specifications. The 10- year storm flow shall be contained within the street curbs, and the 100- year storm shall be contained within the street right- of-way; when this criteria is exceeded, additional drainage facilities shall be designed and constructed.
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123. The proposed drainage improvement plans shall be designed such that drainage facilities will maintain or reduce the 100-year peak runoff rates presently exiting all Project boundaries. The Project will use on-site detention basins to reduce the storm water flows to or below the existing condition flows prior to their discharge to areas located downstream of the project. The project shall be designed to retain the 100- year 3-hour storm. Detention facilities shall have a maximum draw down time of 72 hours.
124. Applicant shall submit drainage improvement plans for the proposed subdivision with the accompanying hydrology and hydraulic analysis and shall be designed per the RCFC& WCD Hydrology Manual and the City of Banning flood control standards. Finalized studies shall verify the size of flood control facilities.

Drainage facilities shall be in accordance with the approved tentative map and specific plan. Plans shall be submitted to RCFC& WCD and/or the City of Banning for review and approval for facilities that are to be owned and/or maintained by RCFC& WCD.
125. Trash Capture Devices are designed to keep trash, sediment, and debris from entering the City's storm sewer system including its' curb and gutters. The proposed project is in a " Priority Land Use" area ( defined as: high- density residential areas ( starting from 10 dwellings units/acre), Industrial areas manufacturers, storage warehouses, distribution centers, junkyards), Commercial areas ( populated consumer areas where goods and services are exchanged), Mixed- use areas ( areas where high- density residential, industrial, and commercial intermix), and Public Transportation areas ( property drains to or from bus stops)).

Therefore, the developer shall install, operate, and maintain a "Full Capture" trash treatment control device for all storm drain systems ( catch basins, inlets, etc.) on the property that capture runoff from the Priority Land Use area to comply with Trash Amendments/ Provisions as defined by the SWRCB. The full capture system/ device shall be selected from the SWRCB' s approved Certified " Full Capture Systems" list and shall also be approved by the City Engineer. If the project does not require a WQMP but is in a " Priority Land Use" area, a BMP Maintenance Agreement shall be prepared and executed with the City to ensure proper operation and maintenance of the full capture system/ device and an annual self-inspection report shall be submitted to the Engineering Division. 126. The applicant shall identify and include in its improvement plans structural and non-structural Best Management Practices ( BMP' s) as outlined in the Final Water Quality Management Plan ( WQMP).
127. The applicant shall prepare final Water Quality Management Plan in accordance with the California Regional Water Quality Control Board Colorado River Basin Region Order No. R7-2013- 0011. The WQMP shall identify project 348
Conditions of Approval { City Council Resolution 2024- 112} 25 of 30
Site Design BMP' s, Source Control BMPs and Treatment Control BMP' s as applicable. LID/Site Design BMPs should be incorporated in lieu of Treatment Control BMPs where feasible. The Whitewater River Region WQMP Guidance document shall be utilized by the applicant. The WQMP shall be reviewed and approved by the City Engineer.
128. The applicant shall execute a Stormwater Facilities Management Agreement on terms agreed to by the parties guaranteeing the maintenance of stormwater pollution controls. This Agreement shall include language that the City of Banning shall inspect the stormwater facilities on 3-year intervals at sole cost of the property owner. Said agreement shall be recorded with the Riverside County Recorder and run with the land.
129. The applicant shall provide their SIC code to the Engineering Division to determine if a SWRCB issued Industrial General Permit will be required. 130. A NPDES/ lndustrial Waste Inspection performed by the Public Works Dept. will occur and be paid for prior to the issuance of the Certificate of Occupancy.

Streets and Traffic
131. All street designs shall comply with City of Banning standard drawings where available. If no City standard is available applicant may select standards in the following order:
1 - City of Banning Standards
2 - Riverside County Standard Drawings
3 -' Greenbook' Standard Drawings
4 - Caltrans Standard Drawing
5 - Other published standards, subject to approval from the City Engineer. Any standard drawing other than City of Banning standards shall be included on the improvement plan set as reference.
132. All street designs shall provide pavement and lane transitions per City of Banning and Caltrans standards for transitions to existing street sections. 133. Any public improvements damaged during the course of construction shall be replaced to the satisfaction of the City Engineer, or his/her designee. 134. Grading and excavations in the public right- of-way shall be supplemented with a soils and geology report prepared by a professional engineer or geologist licensed by the State of California.
135. Applicant' s geotechnical engineer shall provioe the design of the pavement section and field measured " R-Values" based upon the Caltrans Method. 349
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136. Street pavement design shall take into account the subgrade soil strength, the projected traffic loading, and have a design life of 20 years. 137. Minimum AC Thickness for any roadway shall be 4" AC, completed in 2 lifts.

Final lift shall be a 0.15-foot cap completed after onsite construction is completed. 138. In accordance with the California Building Code, Title 24, and the requirements of the Americans with Disabilities Act ( ADA), facilities for disabled persons shall be constructed in locations specified by the City Engineer ( i.e., accessible paths of travel, curb ramps, etc.).
139. Parking areas shall be designed and improved with grades not to exceed five percent slope. All applicable ADA standards will be adhered to. 140. The street improvement plans shall include details for all ADA ramps, indicating elevations and grades in accordance with City of Banning standard drawings at a scale of 1 "=5' or larger if necessary.
141. ADA Ramps shall comply with City of Banning Standards and PROWAG guidelines, whichever is stricter.
142. Access drives to the public right- of-way shall be restricted to those approved by the City Engineer as shown on the approved plans. Commercial/ Industrial driveway grades shall not exceed eight percent unless approved by the City Engineer.
143. Signing and Striping Plans shall show the following at a minimum: stop signs, limit lines and legends, no parking signs, raised pavement markers including blue raised pavement markers at fire hydrants), and street name signs. 144. All existing overhead utility lines located on or adjacent to the site shall be undergrounded prior to public improvement acceptance and surety release, to the satisfaction of the Public Works Director, including but not limited to, electrical distribution, telephone, and cable lines, with the exception of electric utility lines over 33 kV in accordance with Ordinance 1500.
145. Lincoln Street: Construct half width street improvements for ARTERIAL HIGHWAY roadway per City of Banning Standard ST-101. 1, ( 55' half width, 43' offset to C&G) including the following: Curb and Gutter, AC Pavement, Painted Median, Driveways, Street Lighting, Sidewalk, Parkway Landscaping, Traffic Signs, Roadway Striping.
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146. The applicant shall provide estimates to construct, improve, or finance the proposed public improvements to the City Engineer for review and approval. The estimate shall differentiate between public improvements within the property boundaries of the tentative map, improvements outside the project boundaries and public improvements which abut the boundary of the property to be subdivided. 147. Applicant shall post a bond with the City of Banning to guarantee the repair of the roads.
148. Street lights shall be installed in accordance with the City of Banning Electric Department Standards. A detailed lighting plan shall be submitted for review and approval by the City' s Electric Oepartment and City Engineer prior to recordation of Tr 37766. The plan shall indicate style, illumination, location, height and length of mast arm.
149. Applicant shall provide a modified Commercial Driveway to allow for truck movements in/out of the site to access the far right lane for westbound Lincoln Street.
150. Striping Plan shall accommodate bike lanes within the paved in accordance with the City's Active Transportation Plan.
151. All fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street/ access driveway as approved by the Fire Marshall and must be maintained in good condition by the property owner until the street is accepted for maintenance.
152. All required public improvements for the project shall be completed, tested, and approved by City of Banning and/ or other governing agency to the satisfaction of the City Engineer or their designee.
153. Applicant shall install all street name signs, striping, and related signage as shown on the approved plans to the satisfaction of the City Engineer and Public Works Director.
154. Applicant shall make pavement repairs necessary to mitigate the impacts of project construction traffic on all affected existing streets.

Landscaping
155. The applicant shall be required to enter into a Landscape Maintenance Agreement for the perpetual maintenance of landscaping within the public right- ofway fronting the project sites. 351
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156. Prior to laying of the aggregate base layer for any new streets, all landscaping irrigation services ( or sleeves to accommodate said services) shall be installed. Street cut permits may be denied and alternate methods may be required for any construction within a street that was accepted by the City within the prior five years.
157. The applicant shall plant and maintain trees, shrubs, and ground cover placed in the parkway and slopes adjacent to public rights- of-way in connection with the project in accordance with applicable City standards. 158. Landscape and irrigation plans for all required facilities shall be submitted for approval. The final design of the parkways, walls, landscaping, and sidewalks shall be included in the plans and shall be subject to approval by the Community Development Director and City Engineer.
159. All landscape improvements within public right of way shall be compliant with the City of Banning MWELO guidelines.
160. An automatic sprinkler system and landscaping shall be installed, prior to certificate of occupancy for the portion of the project for which certificates of occupancy are requested, within the common areas including perimeter slopes and the interior collector streets. Each system shall include a smart landscape irrigation controller ( including remote communication), a separate water meter and electric meter, and plantings as approved by the Community Development Director. Landscaping plans and specifications shall be reviewed and approved by the City Engineer.
161. Landscape improvements shall be certified by a licensed landscape architect or licensed landscape contractor as having been installed in accordance with the approved detailed plans and specifications. The applicant shall furnish said certification, including an irrigation management report, for each landscape irrigation system and any other required implementation report determined applicable to the City Engineer for review and approval.

Potable Water
162. All public potable water improvements shall be constructed per City of Banning Standards and Specifications, Standard Specifications for Public Works Construction, current edition, or as otherwise approved in writing by the City Engineer.
163. All private potable water improvement shall be designed and constructed per California Building Code, California Plumbing Code, and California Fire Code, 352
Conditions of Approval ( City Council Resolution 2024- 112) 29 of 30
latest editions. All private improvements shall be concurrently reviewed by the Building and Safety Department.
164. All private fire suppression systems shall be reviewed and approved by the City Fire Marshall.
165. Applicant shall install facilities within public rights of way. Where public right of way is not available, applicant shall provide easement rights to the City of Banning covering existing and proposed facilities necessary for the project. 166. Fire hydrants shall be installed within and on the tract boundaries as per approved plans, at a 300-foot maximum spacing.
167. The fire service with require a RPDA backflow protection device. Private fire hydrants shall be painted red, and approval of location and materials to be coordinated with the Fire Department.
168. A backflow device must be installed on all common- area buildings and at each irrigation water connection. The backflow device must be in compliance with City of Banning standards and specifications.
169. A water improvement plan shall be submitted, separate from grading or site plans, showing proposed water service connection sizes and locations, including separate laterals for irrigation and fire protection. Both the domestic and irrigation water services will require the installation of a RP backflow protection device. Delta revision to existing plan to show new lateral locations is acceptable. 170. All required water lines and fire hydrants shall be installed and made operable before any building permits are issued. This may be done in phases if the construction work is in progress for emergency vehicles.

Sewer
171. All public sewer improvements shall be constructed per City of Banning Standards and Specifications, Standard Specifications for Public Works Construction, current edition, or as otherwise approved in writing by the City Engineer.
172. Applicant shall install facilities within public rights of way. Where public right of way is not available, applicant shall provide easement rights to the City of Banning covering existing and proposed facilities necessary for the project. 173. Each property shall have its own sewer lateral and shall be PVC SOR 26. 353
Conditions of Approval ( City Council Resolution 2024- 112} 30 of 30
174. A sewer check valve shall be provided for each building with a finish pad elevation lower than the rim elevation of the immediate up-stream sewer manhole. 175. Applicant shall fill out and submit an Industrial User Survey form and an Industrial Waste Permit application.
176. A sewer improvement plan shall be submitted showing the sewer lateral size and location within the public right of way. A delta revision to the existing sewer plan is acceptable.

Solid Waste/ Refuse
177. Effective January 1, 2022, all businesses shall subscribe to City' s threecontainer ( trash, recycling, organics), Collection Services per Banning Municipal Code, Title 8.28, " Garbage Collection and Disposal" unless a City approved exemption is granted. Information on the P.rogram is available on the City of Banning website and made available at the following link:
https:// library. municode. com/ ca/banning/ codes/ code_ of _ordinances. 178. Applicant is required to use the City' s exclusive franchise hauler ( Waste Management) unless otherwise approved in writing by the Public Works Department.
179. Construction debris shall be disposed of at a certified recycling site. It is the responsibility of the developer to contact the City' s franchised solid waste hauler, Waste Management of the Inland Valley, at 1-800- 423- 9986 for disposal of construction debris.
180. Applicant is encouraged to review the referenced sections in the 2019 California Green Building Standard
Code: https:// calgreenenergyservices. com/ wp/wpcontent/ uploads/ 2019_ california_ green_ code. pdf 181. Applicants shall submit a Construction and Demolition Waste Diversion Plan to the City' s Solid Waste Program Coordinator ( SWPC) prior to commencement of construction or demolition. Contact the SWPC at hstuart@banningca. gov or 951. 922. 3193 for further details and to obtain a plan template.
182. The developer shall participate in the City' s recycling and diversion programs by providing a solid waste enclosure to accommodate necessary solid waste containers.
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183. All new development projects including, but not limited to, industrial and business buildings and facilities, as well as multi- family complexes shall provide a solid waste enclosure to accommodate trash, recycle and organics waste bins and/or containers. Solid waste enclosures for multiple tenant properties, such as a shopping center, must design the enclosure to accommodate all waste containers of the property.
184. Solid waste enclosures shall be located on the site to be serviced. 185. The enclosure shall be designed for the exclusive use of housing solid waste containers including trash, recyclable and organics materials. 186. Enclosures shall be lockable and/or contain locking bins. Locking mechanisms on enclosures and/ or bins shall be approved by the City of Banning Solid Waste Franchise Hauler.
187. Design Criteria:
a. The size and dimensions of the trash enclosure shall be based on the required number and size of containers at a minimum accommodating one 1) container each for trash, recyclables and organics materials. b. Enclosure shall be architecturally compatible with the primary building on site to provide a coordinated design.
c. Exterior materials and colors of the enclosure shall match the building walls. d. Chain link fencing with or without/ plastic slats is prohibited. e. Enclosure shall have solid metal or wood gates with latches that can be secured in an open or closed position.
f. Enclosures shall be constructed in a permanent manner. g. Exterior must be fully enclosed with solid roofing to prevent rainfall from entering the enclosure and to prevent wind dispersal, as well as offsite transport of trash and recycling.
h. Provide the minimum clearance for collector and user accessibility. i. City Engineer approval shall be obtained in writing prior to the construction of any solid waste enclosure.
188. Pursuant to CAL Green Building Standards Code section code 5.408.

Construction and demolition wastes must be recycled and or salvaged for a reuse minimum of 65% of nonhazardous construction demolition waste materials. All projects require construction waste reduction, disposal and recycling services that comply with the 2019 California Green Building Standards Code ( CALGreen) as described in the Non- Residential ( 5.408).
189. Applicants shall submit a Construction and Demolition Waste Diversion Reporting Form to the City' s Solid Waste Program Coordinator upon completion 355
Conditions of Approval ( City Council Resolution 2024- 112} 32 of 30
of the project to obtain diversion approval prior to final sign-off. Contact the SWPC at hstuart@banningca. gov or 951.922.3193 for further details and to obtain a report form template.

Public Works Fees
190. All fees must be paid in full at the thresholds identified below. Plan check fees for professional report review and all improvement plan reviews shall be paid at the time of submittal of said documents in accordance with the fee schedule in effect at the time of the submittal.
191. Applications submitted without full payment of fees are deemed incomplete.

Plan review will not commence until all fees are paid.
192. Evidence of paid fees to agencies outside the City of Banning is required prior to the issuance of any applicable permit.
193. A fee shall be paid to Riverside County Flood Control and Water Conservation District in the amount specified by them to perform plan checking for drainage purposes for the proposed subdivision.
194. Public Works Grading Permit fees ( including fees for NPDES inspections) shall be paid prior to the issuance of any permits in accordance with the fee schedule in effect at the time of scheduling.
195. Public Works Encroachment Permit and Inspection fees shall be paid prior to the issuance of any permits in accordance with the fee schedule in effect at the time of scheduling.
196. Water Meter fees and installation fees shall be paid in full prior to installation of any water meter in accordance with the fee schedule in effect at the time of installation.
197. Water connection fees shall be paid in accordance with the fee schedule in effect at the time of installation.
198. Sewer connection fees shall be paid in accordance with the fee schedule in effect at the time of installation.
199. Traffic Impact fees shall be paid in accordance with the fee schedule in effect at the time of issuance of occupancy permit.
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200. A NPDES/ lndustrial Waste Inspection performed by the Public Works Dept. will occur and be paid for prior to the issuance of the Certificate of Occupancy. The applicant shall provide their SIC code to the Engineering Division to determine if a SWRCB issued Industrial General Permit will be required. For industrial facilities subject to the SWRCB' s Industrial General Permit due to its SIC code, prior to the Grading or Building Permit the applicant shall demonstrate coverage has been obtained by providing its WDID/ NOI to the City Engineer.

END***
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Resolution 2025-102

RESOLUTION 2025-102

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 38659; AUTHORIZING STAFF TO SIGN THE FINAL PARCEL MAP AND PROJECT IMPROVEMENT AGREEMENT; RELEASING THE FINAL MAP FOR RECORDATION; AND ACCEPTING THE PERFORMANCE AND LABOR AND

MATERIAL BONDS FOR PUBLIC IMPROVEMENTS
WHEREAS, Tentative Parcel Map (TPM) No. 38659 was approved by City Council on June 24th, 2024 with Resolution 2024-112; and
WHEREAS, Final Parcel Map (PM) No. 38659 will combine 3 existing parcels into a single

14.27 acre parcel and dedication for Lincoln Street to the ultimate width per the Circulation Element within the General Plan; and
WHEREAS, the property owner has signed a Project Improvement Agreement and has submitted bonds to assure that the required public improvements are constructed; and WHEREAS, the PM 38659 have been deemed technically correct and that they conform to the requirements of the Subdivision Map Act and the City Engineer has verified that PM 38659 are in substantial conformance with the approved TPM 38659.

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

SECTION 1. The City Council approves PM 38659, a copy of which is hereby attached as Exhibit “A” and made part of this Resolution.

SECTION 2. The City Council approves the execution of the Project Improvement Agreement to be signed by the Mayor which is hereby attached as Exhibit “B” and made part of this resolution.

SECTION 3. The City Council accepts the performance and labor and material bonds and authorize staff to sign the final maps
SECTION 4. The City Council directs the Administrative City Clerk to transmit PM 38659 to the County Recorder of the County of Riverside for recordation.

SECTION 5. 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. 370
Resolution 2025-102

PASSED, APPROVED AND ADOPTED this 8th day of July, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

Vicky Sellers, City Clerk
City of Banning
APPROVED AS TO FORM:

John Pinkney, City Attorney
371
Resolution 2025-102

CERTIFICATION:

I, Vicky Sellers, City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-102, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 8th day of July 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Vicky Sellers, City Clerk
City of Banning, California
372
Resolution 2025-102

EXHIBIT A
Final Parcel Map 38659
373
Resolution 2025-102

EXHIBIT B
Project Improvement Agreement for Final Parcel Map 38659 374

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela, Director of Public Works
MEETING DATE: July 8, 2025
SUBJECT: Consider Resolution 2025-103, Approving a 2-Year Contract with a 1- Year Optional Extension to Terminix International Company, LP For City Wide Facilities and As-Needed Pest Control Services For a total of $75,000.

RECOMMENDATION:

Adopt Resolution 2025-103.

BACKGROUND:

The City of Banning solicited an RFP (RFP22-017) in 2022 for City Wide Pest Control Services, and a contract was awarded to Terminix Pest Control to provide those services. Initial contract was for a 1-year term with four (4) 1-year extensions. After 2 years, the current contract is expiring, and a new contract with Terminix is necessary.

The contract include approximately $17,000 in annual expenses for regular services at City facilities. An additional $8,000 is estimated for 'as-needed' expenses, which cover items like the recently completed pest control work at the animal shelter, and could include if other unused city facilities are brought back online. The Facility Maintenance Department is requesting that the contract be written for the remainder of the 5-years originally contemplated, with would be this 2-year contract with an optional 1-year extension for a total of $75,000.

JUSTIFICATION:

Pest control services is a necessary function of the Building Maintenance department to ensure that city facilities and work area are treated and clear of various pests, that may pose health risks to City employees or damage to inventory if pests are not controlled.

FISCAL IMPACT:

This contract is funded from the Building Maintenance Interfund Service Account (704-3200-412.23.24), which all city departments and enterprises contribute to. This item is budgeted within that account.

ALTERNATIVES:

Do not approve Resolution 2025-103 and provide alternate direction to staff on providing pest control services.

BUDGETED?:

Yes
375
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-103.docx

2. Resolution 2025-103 Exhibit A - Terminix International Contract.docx 376
Resolution 2025-103

RESOLUTION 2025-103

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING A 2-YEAR CONTRACT WITH A 1-YEAR OPTIONAL EXTENSION TO TERMINIX

INTERNATIONAL CO, LP, FOR CITY WIDE FACILITIES AND AS NEEDED PEST CONTROL SERVICES FOR A TOTAL OF $75,000
WHEREAS, The City of Banning issued RFP22-017 in 2022 to solicit bids for City Wide and As Needed Pest Control Services for a 1-year contract with up to four (4) 1-year extensions; and
WHEREAS, The City of Banning awarded Terminix a contract for City Wide and As Needed Pest Control Services as a result of this RFP; and WHEREAS, The current contract with Terminix expired on June 30, 2025 which necessitates a new contract to be entered into; and
WHEREAS, Pest control services are a necessary service for the City to provide to city owned and utilized facilities.

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

SECTION 1. The City Council approves the Agreement for Contract Services with Terminix International Company, LP for the City-Wide Pest Control Services for a 2-year term in an amount of $50,000 and subsequent amendments to extend the Agreement for up to 1 additional year terms upon satisfactory performance, with a total not-to-exceed amount of $75,000 over three (3) years.

SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the Agreement for Contract Services and to execute the Agreement for Contract Services with Terminix International Company, LP on behalf of the City Council.

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

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

PASSED, APPROVED AND ADOPTED this 8th day of July, 2025.

Sheri Flynn, Mayor
City of Banning
377
Resolution 2025-103

ATTEST:

Sandra Calderon, Acting Administrative
City Clerk
City of Banning
APPROVED AS TO FORM:

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
378
Resolution 2025-103

CERTIFICATION:

I, Sandra Calderon, Acting Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-103, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 8th day of July, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Acting Administrative City
Clerk
City of Banning, California
379
Resolution 2025-103

EXHIBIT A
Agreement Document Title
C01172 – Agreement for Contract Services for City Wide Pest Control Services By and Between City of Banning and the Terminix International Company Limited Partnership 380
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AGREEMENT FOR CONTRACT SERVICES (C01172) FOR CITY-WIDE PEST

CONTROL SERVICES BY AND BETWEEN CITY OF BANNING AND THE

TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP
THIS AGREEMENT FOR CONTRACT SERVICES (herein” Agreement”) is made and entered into this day: , by and between the CITY OF BANNING, a municipal corporation (“City”) and The Terminix International Company LP (“Contractor”). The Contractor has been qualified by the Secretary of State to conduct business in California. City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”.

RECITALS
A. City has sought, by issuance of a Request for Proposals (RFP No. 22-017), the performance of the Services defined and described particularly in Article 1 of this Agreement.

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

C. Pursuant to the City of Banning’s Municipal Code, City has authority to enter into this Agreement. An original agreement Contract C00765 was entered into on November 22, 2022 with an expiration date of June 30, 2023 with an option of 4 one year renewal options. A secondary one-year contract was entered into on August 24, 2024. The contracted Parties wish to continue services under this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of those Services defined and described particularly in Section 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

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

ARTICLE 1. SERVICES OF CONTRACTOR

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Contractor shall provide those Services specified in the “Scope of Services” attached hereto as Exhibit “A” and “A-1” and incorporated herein by this reference, which Services may be referred to herein as the “Services” or “Work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Work and Services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Work and Services required 381
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hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Contractor’s Proposal.

The Scope of Services shall include the Contractor’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

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

1.4 Licenses, Permits, Fees and Assessments.

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

1.5 Familiarity with Work.

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

1.6 Care of Work.

The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the Work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof, to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by City, except such losses or damages as may be caused by City’s own negligence.
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1.7 Warranty and Guarantee.

Contractor warrants all under the Agreement (which for purposes of this Section shall be deemed to include unauthorized Work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship.

Contractor shall, upon the request of City and at no additional costs to City, make a service visit to reapply pesticides to the structures on the premises as reasonably necessary to control for and mitigate against acute infestations of pests and locations covered by this Agreement which occur within thirty (30) days from the last performance of the initial or regularly scheduled service visit, provided, however, that City must correct any and all documented conducive sanitation conditions within sixty (60) days and structural conditions within ninety (90) days, otherwise any additional treatments in areas of such conditions that are not corrected as required shall be paid for by City as an extra charge..

1.8 Prevailing Wages.

Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000.00 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from third party claims or liabilities arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

1.9 Further Responsibilities of Parties.

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

1.10 Additional Services.

City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra Work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said Work. No such extra Work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000.00, whichever 383
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is less; or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to Services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractorshall not be entitled to additional compensation therefor.

1.11 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and “C-1”, and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed FIFTY THOUSAND DOLLARS ($50,00.000) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses if an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Scope of Services shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the Work with City is a critical component of the Services. If Contractor is required to attend meetings in addition to the project meetings, to facilitate coordination of the Services and/or Work, Contractor shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Contractor shall furnish to City an original invoice for all Work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.

The invoice shall detail charges for all necessary and actual expenses by the following categories:
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labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor charges. Subcontractor charges shall also be detailed by such categories.

City shall independently review each invoice submitted by the Contractor to determine whether the Work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for Work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3. City will pay Contractor within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.

2.5 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

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

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractorshall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s Work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s Work within forty-five (45) days after it is submitted to City. City shall accept Work by a timely written 385
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acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any Work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Article 1 and 5, pertaining to warranty, and indemnification and insurance, respectively.

3.5 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, the term of this Agreement shall commence upon execution by both Parties and shall expire on June 30, 2027 ("Initial Term"), with one optional one-year extension remaining (“Renewal Term”) (the Initial Term and Renewal Term are collectively a "Term"). Maximum term and any subsequent amendment or modification shall not exceed five (5) years.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principal of Contractor (Principal) is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the Work specified herein and make all decisions in connection therewith.

Anthony Engebretson, Branch Manager

4.2 Representative Name, Title.

It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal was a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principal. For purposes of this Agreement, the foregoing Principal may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance.

4.3 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights. 386
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4.4 Contract Officer.

The Contract Officer shall be such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.5 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.6 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. Notwithstanding the foregoing, the City acknowledges that Contractor has the right to utilize franchisees, affiliates and/or service partners to perform the Services for the City and this shall not be considered subcontracting, nor will it require prior approval by the City. Contractor’s right to utilize a franchisee, affiliate and/or service partner to perform the Services shall not relieve Contractor of any of its duties or obligations under this Agreement, and Contractor shall indemnify and hold the City harmless from any payment required to be paid to any such franchisee, affiliate and/or service partner.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Throughout the life of this Agreement, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) that meet 387
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the standards specified in Section 5.5. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$1,000,000 per occurrence
$2,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage.
(iii) WORKERS’ COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) N/A
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

If this Agreement continues for more than three (3) years duration, or in the event the City Manager or his/her designee determines that the work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager, or his/her designee. Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions.

At no time shall the City be responsible for the payment of any deductibles or self-insured retentions.

5.2 General Requirements.

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, 388
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and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The General Liability (including ongoing and completed operations) and Automobile Liability shall name City and its officers, officials, employees, agents and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Contractor’s insurance shall be primary, but only for claims arising from the negligence of Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City and its officers, officials, employees, agents and volunteers. The Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City and its officers, officials, employees, agents and volunteers. Should Contractor maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or his/her designee prior to City’s execution of the Agreement and before work commences.

If at any time during the life of this Agreement or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Agreement.

The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City and its officers, officials, employees, agents and volunteers shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, employees, agents, persons under the supervision of Contractor, vendors, suppliers, invitees, subcontractors, or anyone employed directly or indirectly by any of them.

If Contractor should subcontract all or any portion of the Services to be performed under this Agreement, Contractor shall require each subcontractor to provide insurance protection in favor of City and its officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the subcontractors’ certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.
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5.3 Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnities.
1) Except to the extent any Liability (as defined below) arises from the negligent act or omission of an Indemnitee and to the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against direct damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses, including reasonable fees of attorneys asserted by third parties(collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of the negligent acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, Contractors or their officers, agents, servants or employees (or an entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement,. Contractor shall reimburse the Indemnitees for reasonable legal expenses and costs incurred by Indemnitees in connection therewith. 2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws.
3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement.

If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of the negligent acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, except to the extent any Liability arises from the negligent act or omission of an Indemnitee.

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

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

ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT SHALL EITHER PARTY

BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, LIQUIDATED,

SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER IN
CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT.

E. Survival of Terms. Contractor’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

F. Notwithstanding anything to the contrary in this Agreement, the Contractor’s maximum liability to the indemnified parties under this Agreement is limited to (1) One Million dollars under this Agreement, regardless of type of claimed damages or legal theory of recovery.

5.4 Performance Bond.

Concurrently with execution of this Agreement, and if required in Exhibit “B”, Contractor shall deliver to City performance bond in the sum of the amount of the Contract Sum, in the form provided by the City Clerk, which secures the faithful performance of this Agreement. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.

5.5 Sufficiency of Insurer or Surety.

Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than three (3) years duration, or in the event the Risk Manager determines that the work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.4 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Books and Records at all 391
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times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of 3 years following completion of the Services hereunder, and the City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest.

6.2 Reports.

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

6.3 [Deleted]

6.4 Confidentiality and Release of Information.
(a) All information gained or Work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or Work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) [Deleted].
(d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any Party regarding this Agreement and the Work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
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7.1 California Law.

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

7.2 Disputes; Default.

This Agreement may be terminated by either Party upon written notice if the other Party hereto breaches any of its obligations under this Agreement, which breach is not cured to the satisfaction of the non-breaching Party within thirty (30) days of provision of written notice of such breach.

7.3 [Deleted].

7.4 Waiver.

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

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

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

7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

7.7 [Deleted].

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided 393
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in the following Section for termination for cause. Each Party reserves the right to terminate this Contract at any time, with or without cause, upon ninety (90) days’ written notice to the other Party. The Contractor shall be entitled to compensation for all Services rendered prior to the effective date of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3.

7.9 Termination for Default of Contractor.

If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the Work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages).

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

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

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, 394
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partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication that either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF BANNING, 99 East Ramsey Street, Banning, CA 92220 and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement with a copy to [email protected]. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.
395
-16-
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

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

9.6 Corporate Authority.

The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. [SIGNATURES ON FOLLOWING PAGE]
396
IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

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

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton, Date
Administrative City Clerk
Address:

APPROVED AS TO FORM:

Slovak Baron Empey Murphy &
Pinkney LLP
______________________________________ City Council Approval:_____________ John O. Pinkney Date
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.
-19-
397
EXHIBIT “A”

SCOPE OF SERVICES
I. Contractor will perform the following Services:

As specified in RFP22-017 dated May 31, 2022

PEST CONTROL SERVICES SCOPE OF SERVICES
The City of Banning (City) is seeking services of a qualified vendor to provide monthly pest control maintenance services and abatement for the following locations. Servicesto be provided by a certified technician in accordance with Federal, State and local regulations. Contractor to provide all labor, equipment, tools, materials and pesticides.
 City Hall – 99 East Ramsey Street
 City Yard – 176 East Lincoln Street
 Fire Administration Building – 3900 West Wilson Street  Fire Station #1 – 172 North Murray Street
 Repplier Park Building – 200 West George Street
 Senior Center – 769 North San Gorgonio Avenue
 Community Center – 789 North San Gorgonio Avenue
 Armory - 2041 W. Nicolet
 Pass Valley Park (Roosevelt Williams) – 1101 East George Street  PD Central – 125 East Ramsey Street
 Water Yard - 3333 Bluff Street
 Midway Substation - 4740 West Ramsey Street
 Ivy Substation -1582 East Westward Avenue
 StageCoach Substation - 1475 North Hargrave Avenue
 San Gorgonio Substation - 176 East Lincoln Street
 22nd Street Substation - 251 South 22nd Street
 Sunset Substation - 2301 Mountain Avenue
Additional Services as needed TBD if necessary Responsibilities:

The contractor shall commit to the following responsibilities as part of doing business with the City:
 Work with corresponding departments or assigned staff.  Visit the work site, document existing conditions and examine requirements to implement a pest management program.
 Provide a journal that must be updated at the time of each appointment, recording detections and/or solutions.
 Provide monthly invoicing based on approved work.
 Provide staff that have proper ID and are wearing appropriate uniform,safety shoes and vests when visiting and treating City facilities.
 Ensure staff communicates he or she is on property with City’s Supervisory staff.  Provide additional abatement services based on discoveries and/or unknown changes in environment. The cost shall be based upon approved hourly rate and authorized by  Contractor staff will not distribute or sell pesticide products to staff.  Contractor will not store any pesticide product in the buildings specified in this contract.  Conduct themselves in a professional manner, with minimal noise and disruption. 398
 Maintain certification as a Commercial Pesticide Applicators in the category of residential and institutional pest control services.
 Use additional personal protective equipment required for safe performance of work as determined and provided by the contractor that, at a minimum, conform to Occupational Safety and Health Administration (OSHA) standards for products being used.
 Use only contractor vehicles identified in accordance with state and local regulations.  Observe all safety precautions throughout the performance of this contract. Certain areas within some buildings may require special instructions for persons entering these areas.  Contractor will comply with all government regulations as are applicable during the time spent on government property.
 Obtain building passes, if needed, as supplied by the City departments.  Take all necessary precautions to ensure staff and employee safety, and all necessary steps to ensure the containment of the pesticide to the site of application. 399
The Nationwide Pest Control Experts
The Terminix International
Company L. P.
865 S. Milliken Ave Ste G.

Ontario, CA 91761
Proposal: City Wide Pest Control Services RFP-22-017
The bid materials were all reviewed and understood. Additionally, our previous experience with the City of Banning allows us to have a full understanding of past and likely future levels of service required.

Implementation Plan: Upon award, we will coordinate our maintenance services similarly as we have done in the past by communicating and performing services at the most practical and efficient times for the city. Our integrated pest management approach which involves inspection first and pesticide use only where needed will ensure safe applications. All SDS and pesticide labels will be provided for any products we wish to use on a regular basis.

Our technician will coordinate services for each building with the appointed contact from the city. We will ensure services are only performed during the allowed days and times and will be flexible for early or late appointments including weekend and holidays if necessary.

Any service issues, though not expected, can be brought to my attention as the branch manager. We will always do everything in our power to accommodate additional service requests in a timely manner.

There will be no additional charges for re-treatments for the covered pests:

Covered pests: Ants, roaches, crickets, silverfish, rats, mice, occasional invader pests such as pill bugs, earwigs, centipedes, millipedes, spiders and wasps 12 feet and below Non-Covered pests: Termites, bed bugs, bees, wasps above 12 feet. These pests will normally require an addition inspection and charge to quote.

Project schedule: All services will be monthly and coordinated with the city contact or contacts prior to service. Days and times will vary but always scheduled at times approved by the city.
400
Company Information and Personnel
Terminix
865 S. Milliken Ave. Ste G.

Ontario, CA 91761
909-605-9929
[email protected]
Branch Manager – Anthony Engebretson 28 years’ experience [email protected] Cell 909-772-7163.

Service Manager – Andrew Cortez 9 years’ experience
[email protected] Cell 909-215-6583
Service Manager – Gerardo Garcia 10 years’ experience
[email protected] 909-210-2405
Service Manager Stephen Emerson 12 years’ experience
[email protected] 760-410-4986
Service Technician Joshua McKibben
[email protected] 909-969-3275
All Terminix employees who will work for or advise the city have branch 2 field representative licenses.

Terminix has no connection to the City of Banning and Terminix is independent of the City of Banning.

There are no personal or past relationships with any elected officials, appointed officials, city employees, family members of any current Banning elected officials, appointed officials, or City of Banning employee.
401
EXHIBIT “B”

SPECIAL REQUIREMENTS
NONE
Exhibit B -1
402
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Contractor shall perform the following tasks in accordance with Exhibit A-1 and at the following rates:

ESTIMATED:

II. To the extent a project proposal consists of multiple subtasks, within the budgeted amounts for each subtask, and with the approval of the Contract Officer, funds may be shifted from one subtask sub-budget to another so long as the project budget is not exceeded per Section 2.1, unless additional services are approved per Section 2.3.

III. For each project assignment the City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include:

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

B. Line items for all materials and equipment properly charged to the Services. 403
Exhibit “C -1”-1
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor,supplies, equipment, materials, and travel properly charged to the Services.
404
Exhibit “C -1” - 2
405
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.5.

II. All work product is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.

Exhibit D -1
406

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Nicole Jews, Human Resources Manager
Robert Fisher, Interim City Manager
MEETING DATE: July 8, 2025
SUBJECT:

Consideration of Resolution 2025-104, Amending the Classification & Compensation Plan for the City of Banning
RECOMMENDATION:

Adopt Resolution 2025-104.

BACKGROUND:

It is necessary to amend the City’s Classification & Compensation Plan from time to time to maintain a current plan that reflects budget amendments, organizational structure, and department needs. Past City Council resolutions have identified the necessity to maintain a current Classification & Compensation Plan that reflects the nature of work and organizational structure and that the plan is updated to reflect both market changes and appropriate compensation for work performed.

JUSTIFICATION:

Proposed changes to the Classification and Compensation plan include:

Due to recent staffing and organizational changes, the Administrative Services Director position will be reclassified to a Finance Director. The Finance Director will oversee the following departments: Fiscal Services, Information Technology, Purchasing and Utility Billing. The Finance Director will continue to focus on the finances, budget and other necessary processes to keep the city solvent.

Also included in the Fiscal services restructure is the elimination of the Finance Manager position and the creation of an Accounting Supervisor position. This position will oversee the tasks and processes for the finance staff and report to the Deputy Finance Director. This position’s salary was based on the October 2022 all-city classification and compensation study. Staff also completed a brief market survey of other local jurisdictions based on the Teamsters Mid-Management and Professionals Unit MOU. Due to limited comparable positions to survey, staff located additional local cities to include in the salary survey.

With the Administrative Services Department organizational restructure, the Human Resources and Risk 407
Management department will need to fund a Human Resources Director position. This position will provide efficiencies and effectiveness of the HR processes, ensure compliance with labor laws and regulations, develop and implement recruitment and retention strategies and improve employee engagement and satisfaction. This position’s salary is based on the October 2022 all-city classification and compensation study for the Executive level positions.

The job descriptions for the Finance Director, Human Resources Director and Accounting Supervisor are included with the agenda item. Making these changes provides consistency and represents the wide variety of duties performed in these roles.

FISCAL IMPACT:

Fiscal Services Department:

Fiscal Impact – Funding from General Fund (Fiscal Services budget) Position/Grade
Proposed Salary Range
(min to max) Current Salary
Proposed Base Wage
Difference (min to
max)
Finance Director / D01
$155,361.93 to
$210,185.66
$0
$155,361.93 to
$210,185.66
Defund Administrative
Services Director /
D06
$231,891.30 $(231.891.30)

TOTAL ANNUAL

FISCAL IMPACT
$76,529.37 to
$21,705.64 (savings)
Position/Grade
Proposed Salary
Range (min to max)
Current Salary
Proposed Base Wage
Difference (min to mx)
Accounting Supervisor
/ T79
$97,799.11 to
$132,310.22
$0
$97,799.11 to
$132,310.22
Defund Finance
Manager / T85
$142,272.00 $(142,272.00)

TOTAL ANNUAL

FISCAL IMPACT
$44,472.89 to
$9,961.78 (savings)
Grand Total Annual Fiscal Impact for Both positions: $121,002.26 to $31,667.42 (savings - base wage salary only)
Human Resources & Risk Management Department:

Fiscal Impact – Funding from General Fund (HR & Risk Management budgets) Position/Grade
Proposed Salary
Range (min to max) Current Salary
Proposed Base Wage
Difference (min to
max)
408
Human Resources
Director / D01
$155,361.93 to
$210,185.66
$0
$155,361.93 to
$210,185.66

TOTAL ANNUAL

FISCAL IMPACT
$155,361.93 to
210,185.66
ALTERNATIVES:

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

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution_2025-104__Class_and_Comp.docx

2. Finance Director 2025.pdf

3. Accounting Supervisor 2025.pdf

4. Human Resources Director 2025.pdf
409
Resolution 2025-104

RESOLUTION 2025-104

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

AMENDING THE CLASSIFICATION & COMPENSATION PLAN FOR THE CITY OF BANNING WHEREAS, it is necessary to amend the City’s Classification & Compensation Plan from time to time to maintain a current plan that reflects the nature of work, organizational structure, or otherwise; and
WHEREAS, changes to job descriptions, job titles, and/or pay ranges require City Council approval.

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

SECTION 1. That the City Council approve the following position control changes to the effective Fiscal Year 2025-2026 classification and compensation plan:

Unfund Finance Manager (Financial Services Group) 1
Administrative Services Director (Financial Services Group) 1 Fund Finance Director (Financial Services Group) 1
Human Resources Director (Human Resources Group) 1
Add Accounting Supervisor (Financial Services Group) 1
SECTION 2. The City Council approves the new position of Accounting Supervisor effective Fiscal Year 2025-2026.

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

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

PASSED, APPROVED AND ADOPTED this 8th day of July 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:
410
Resolution 2025-104

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

John Pinkey, City Attorney
411
Resolution 2025-104

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-104, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 8th day of July 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
412
Resolution 2025-104

Exhibit A
Building Permit Technician Job Description
413

JOB DESCRIPTION
TITLE: Finance Director JOB CODE: 1110
DEPARTMENT: Fiscal Services EFFECTIVE DATE: 9/14/2021
REPORTS TO: City Manager FLSA STATUS: Exempt
SUPERVISES: Budget & Financial Analyst, Customer Service & Billing Manager, Purchasing Manager and Finance
Department
UNION STATUS: Unrepresented,
Executive
SALARY: D01 ($155,361.93 TO $210,185.66)

JOB PURPOSE/SUMMARY
Under general direction of the City Manager, the Finance Director functions as the City’s chief financial officer and is responsible for overall leadership and management of the Fiscal Services Department. The Director plans, organizes, directs and administers all of the City’s financial operations, including purchasing, payroll, accounting, business licensing, financial reporting, grant compliance, assessment district administration, debt management, revenue monitoring, budget development, capital project financial monitoring and investments, internal control, treasury functions and utility billing operations; and to perform related work as required. The incumbent is designated as confidential and shall be appointed “at-will” and serve at the pleasure of the City Manager.

ABOUT THE CITY OF BANNING
The City of Banning is located in the San Gorgonio Pass area of Southern California. The community of over 30,000 people is diverse with income levels slightly lower than other areas of Riverside County. However, growth and development is occurring rapidly, which will create new jobs, increase the population and raise income levels. Our employees are the most important asset in preserving our Proud History, Creating a Prosperous Tomorrow, and in responding to the community’s needs. The City provides competitive salaries, outstanding benefits and professional growth opportunities.

CITY VISION
The City of Banning promotes and supports a high quality of life that ensures a safe and friendly environment, fosters new opportunities and provides responsible, fair treatment to all and is the pride of its citizens.

CORE VALUES
▪ Customer Service Excellence: We excel in what we do by staying responsive, flexible, patient, effective, and professional.
▪ Integrity: We are ethical, accountable and compliant with our responsibility to the public and community.
▪ Teamwork: We work together and maintain great communication and respect and foster a fun and enjoyable atmosphere to take pleasure in what we do.
▪ Yes-Minded: We recognize diversity and maintain a positive attitude to do all we can to serve the community in the safest and most responsible manner.
414

PERFORMANCE EXPECTATIONS
• Leadership: Contributes to a positive work culture consistent with the City of Banning Leadership Philosophy, actively welcomes new approaches to public service and supports change and process improvements at all levels within the organization. • Management: Able to independently assess and organize personal work performance while contributing to the overall organization.
• Teamwork: Demonstrates ability and willingness to work collaboratively with a team. • Communication: Communicates effectively with peers, supervisors, subordinates, and individuals to who service is provided.

ESSENTIAL FUNCTIONS
▪ Functions as a member of the City’s management team and works closely with the City Manager, Department Directors, and City Council on activities related to strategic planning and the development of City vision, mission and values.
▪ Plans, organizes, directs and evaluates the activities of the divisions comprising the Fiscal Services Department; ensures that the department’s programs are implemented in a manner consistent with the City’s goals and policies; determines major departmental policies, performs short- and long-range planning activities, and sets direction, goals, objectives and priorities for the department. ▪ Directs and manages the City’s financial operations within limits prescribed by law and in accordance with guidelines established by generally accepted accounting principles and practices. ▪ Directs the City’s financial planning functions including long range revenue projections and is responsible for facilitating long range financial planning, rate and fee analysis, and tax options. ▪ Directs the City’s budget planning and reporting functions and is responsible for the collection, reporting, display, monitoring, and evaluation of expenditure information. ▪ Directs and manages the City’s cash and investments and relations with the banking, financial and investment resources.
▪ Directs and manages the City’s long term financial management, including debt issuance, debt management, ongoing disclosure, and related functions.
▪ Directs and oversees the effective billing and collection of City accounts receivable, local taxes, and utility charges.
▪ Provides financial information to facilitate decision making; oversees the compilation and analysis of data; prepares materials for and makes presentations to elected officials, other agencies and the public; attends City Council meetings and other meetings as required. ▪ Advises the City Manager, City Council and department directors regarding the budget preparation process, consequences of financial alternatives, and the presentation and recommendation of budget and fiscal options.
▪ Develops and administers departmental budgets, including forecast of funds for staffing, projects, equipment, materials and supplies, and monitoring of expenses; makes recommendations concerning priorities, allocation of funds, materials and personnel for departmental activities. ▪ Monitors federal, state and other local legislation to determine impacts on financial policies and practices; prepares, coordinates and implements responses and recommendations. ▪ Provides managerial assistance and supervision to subordinates in planning and implementing programs; selects, trains, motivates, coaches and evaluates staff; establishes and monitors employee performance objectives; reviews employee performance evaluations completed by the department management team; provides or coordinates staff training. ▪ Meets regularly with staff to discuss and resolve priorities, workload and technical issues. ▪ Facilitates problem solving in the department and encourages a high degree of communication and feedback between employees and supervisors; leads by example by maintaining high standards of behavior and performance.
▪ Maintains timely and regular attendance.
▪ Other duties as assigned.

KNOWLEDGE OF:
▪ City organization, operations, policies and procedures. ▪ Structure, organization and interrelationships of City departments, agencies and related governmental agencies and offices affecting assigned functions.
415
▪ Current social, political and economic trends and operating problems of municipal government. ▪ Organizational and management practices as applied to the analysis and evaluation of programs, policies and operational needs.
▪ Principles and practices of public accounting and finance, and municipal government budget preparation and administration.
▪ Rules and regulations governing public meetings.
▪ Sources of information related to a broad range of municipal programs, services and administration. ▪ Pertinent Federal, State and local laws, codes and regulations. ▪ Program and project management techniques and principles. ▪ Research methods and report preparation and presentation. ▪ Management practices in a union environment.
▪ Correct English usage, grammar, spelling, punctuation and vocabulary.

ABILITY TO:
▪ Develop short- and long-range goals, and plan, assign, coordinate and evaluate the work of subordinates.
▪ Analyze issues, evaluate alternatives and make logical recommendations based on findings. ▪ Administer program goals and objectives; implement initiatives and recommendations in support of department and City goals.
▪ Foster cooperative group processes and efficiently use resources; delegate tasks and workload assignments.
▪ Develop and monitor departmental and program/project operating budgets, costs and schedules. ▪ Assess and prioritize multiple tasks, projects and demands. ▪ Supervise, lead, coach and use best management practices to improve staff performance. ▪ Effectively administer a variety of city-wide programs. ▪ Interpret and apply city policies, procedures, laws and regulations. ▪ Support and model the identified vision, values and behaviors of the organization. ▪ Establish and maintain effective working relationships. ▪ Operate a personal computer utilizing a variety of standard and specialized software. ▪ Communicate effectively both orally and in writing.

PREFERRED QUALIFICATIONS
A bachelor’s degree in finance, accounting, public administration or a related field and ten (10) years of public sector finance experience that includes five (5) years of management and/or supervision. A master’s degree in finance, business or public administration is preferred.

LICENSE AND CERTIFICATION REQUIREMENTS
▪ Valid California State driver’s license is required.
▪ Must be bondable.
▪ Successful completion of a pre-employment background check is required. ▪ Certified Public Accountant (CPA), Certified Government Finance Officer (CGFO), or Certified Government Financial Manager (CGFM) designation is preferred.

WORKING CONDITIONS
The regular work schedule is generally Monday through Friday, 8 am to 5 pm. Work is primarily performed in an office which is busy, oriented to public service and subject to occasional work interruptions. Noise level is moderate. Frequent attendance at meetings before or after regular work hours is required.

PHYSICAL REQUIREMENTS
Continuous repetitive arm/hand movement is essential to performance. The incumbent in this position must be able to discern voice conversation, have the physical ability to perform essential job functions, and have hand-eye coordination sufficient to operate computers, do keyboarding and operate other office equipment. The incumbent must have the ability to produce legible handwritten documents and may need to push, pull, lift and carry up to 20 pounds.
416
The City of Banning is an equal opportunity employer. All employees and candidates for employment will be recruited, selected, trained, promoted, compensated and, if necessary, disciplined or terminated without regard to sex/gender, race, national origin, religion, creed, color, marital status, veteran status, age, national origin, pregnancy, sexual orientation, gender identity, disability, genetic information or any other basis prohibited by law.

While requirements may be representative of minimum levels of knowledge, skills and abilities to perform this job successfully, the incumbent will possess the abilities or aptitudes to perform each duty proficiently. This job description does not constitute an employment agreement between the Employer and Employee and is subject to change as the needs of the Employer and requirements of the job change. 417

JOB DESCRIPTION
TITLE: Accounting Supervisor JOB CODE: 2059
DEPARTMENT: Fiscal Services EFFECTIVE DATE: 07/08/2025
REPORTS TO: DEPUTY FINANCE DIRECTOR FLSA STATUS: Exempt SUPERVISES: Senior Accountant, Accountants, and
Accounting Specialists
UNION STATUS: Confidential
SALARY: T79 ($97,799.11 TO $132,310.22)

JOB PURPOSE/SUMMARY
Under direction from the Deputy Director of Finance, the Accounting Supervisor plans, supervises, oversees, and participates in the activities and operations of the Accounting Division to include General Accounting, Payroll, Accounts Payable, Accounts Receivable, Projects & Grants, Cash Management, Fixed Assets, Audits and Financial Reporting. The Accounting Supervisor leads a dedicated team, collaborates with various departments, and provides highly responsible and complex finance support to the Deputy Director of Finance and the Finance Department as a whole.

PERFORMANCE EXPECTATIONS
• Leadership: Contributes to a positive work culture consistent with the City of Banning Leadership Philosophy, actively welcomes new approaches to public service and supports change and process improvements at all levels within the organization.

ABOUT THE CITY OF BANNING
The City of Banning is located in the San Gorgonio Pass area of Southern California. The community of over 30,000 people is diverse with income levels slightly lower than other areas of Riverside County. However, growth and development is occurring rapidly, which will create new jobs, increase the population and raise income levels. Our employees are the most important asset in preserving our Proud History, Creating a Prosperous Tomorrow, and in responding to the community’s needs. The City provides competitive salaries, outstanding benefits and professional growth opportunities.

CITY VISION
The City of Banning promotes and supports a high quality of life that ensures a safe and friendly environment, fosters new opportunities and provides responsible, fair treatment to all and is the pride of its citizens.

CORE VALUES
▪ Customer Service Excellence: We excel in what we do by staying responsive, flexible, patient, effective, and professional.
▪ Integrity: We are ethical, accountable and compliant with our responsibility to the public and community.
▪ Teamwork: We work together and maintain great communication and respect and foster a fun and enjoyable atmosphere to take pleasure in what we do.
▪ Yes-Minded: We recognize diversity and maintain a positive attitude to do all we can to serve the community in the safest and most responsible manner.
418
• Management: Able to independently assess and organize personal work performance while contributing to the overall organization.
• Teamwork: Demonstrates ability and willingness to work collaboratively with a team. • Communication: Communicates effectively with peers, supervisors, subordinates, and individuals to who service is provided.

ESSENTIAL FUNCTIONS
The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification. Shown are duties intended to provide a representative summary of the major duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position-specific duties.

REPRESENTATIVE DUTIES:
▪ Manage the city's general ledger, ensuring accurate and comprehensive recording of financial transactions according to Generally Accepted Accounting Principles (GAAP); implement GASB pronouncements; ensure the use of appropriate internal controls. ▪ Oversee reconciliations of accounts, promptly resolving discrepancies and addressing any concerns.
▪ Respond to requests for information and advises City departments, other governmental agencies and the public on City financial and accounting practices, policies, procedures, and data. ▪ Plan, organize, control, integrate and evaluate the work of staff; supervise and participate in developing, implementing, and evaluating work processes, systems, and procedures to achieve goals, objectives, and work standards.
▪ Plan and evaluate the performance of assigned staff; establish performance requirements and regularly monitor performance; subject to management concurrence, take disciplinary action to address performance deficiencies, in accordance with City personnel rules and policies. ▪ Develop and implement fiscal policies, controls, and systems relating to budget monitoring and enforcement, accounting, and financial reporting; provide accounting and budget support to City departments.
▪ Provide guidance on complex accounting matters and facilitate the resolution of accounting-related issues.
▪ Serve as the primary contact and liaison with banking institutions and external auditors. ▪ Lead the payroll process to ensure accurate and timely compensation for city employees. ▪ Ensure compliance with federal, state, and local payroll regulations and tax obligations. ▪ Ensure accurate payroll tax calculations and filings. ▪ Manage the accounts payable function, overseeing the processing of invoices and vendor payments.
▪ Implement and enforce policies and procedures for streamlined and controlled accounts payable operations.
▪ Oversee accounts receivable processes, including billing, collections, and reconciliation of outstanding balances.
▪ Collaborate with departments to ensure timely and accurate invoicing and collections. ▪ Monitor aged receivables and implement strategies to mitigate outstanding balances. ▪ Oversee financial aspects of projects and grants, including revenue and expense recording and monitoring, reporting, and budgeting.
▪ Provide financial grant administration in collaboration with other departments to ensure effective fund allocation and adherence to grant guidelines.
▪ Ensure all grant reporting requirements are met, and reimbursements are requested timely. ▪ Execute the management and monitoring of cash and investment balances according to the direction of the City Treasurer.
▪ Reconcile debt and investment statements and account for activity; manage debt service payments. ▪ Review and approve monthly bank reconciliations.
▪ Manage fixed asset accounting, tracking acquisitions, disposals, and depreciation. ▪ Maintain accurate records of asset values and locations for reporting and compliance. ▪ Coordinate and facilitate external audits, providing necessary documentation and explanations to auditors.
419
▪ Address audit findings by implementing corrective actions and process enhancements. ▪ Maintain proper documentation for audit trails and compliance purposes. ▪ Verify and coordinate with auditors and management for the presentation of audited financial statements to the City Council.
▪ Prepare accurate and timely financial statements and reports for city management and stakeholders, including but not limited to the Annual Comprehensive Financial Report, the Single Audit Report, and State Controller Report.
▪ Ensure compliance with reporting requirements and communicate financial insights to support decision-making.
▪ Prepare and present reports to City Officials and City Council, as required. ▪ Perform related duties as assigned
KNOWLEDGE OF:
▪ Principles and practices of governmental accounting consistent with Generally Accepted Accounting Principles (GAAP) as it directly applies to the City of Banning. ▪ Applicable federal, state, and local laws, codes, and regulations. ▪ Modern office equipment including applicable computer applications such as enterprise resource planning (ERP) applications, and other financial, accounting, and statistical applications.

ABILITY TO:
▪ Train individual team members to perform at or above department standards. ▪ Develop the accounting team to meet or exceed expectations within its role in City operations. ▪ Develop and implement goals, objectives, policies, procedures, work standards, and internal controls.
▪ Analyze complex technical, administrative, and financial problems and reports. ▪ Prepare clear and concise reports, correspondence, and other written materials. ▪ Establish and maintain cooperative working relationships with City Staff and City Council. ▪ Interpret and apply fundamental principles of accounting and payroll related laws, policies, and procedures.
▪ Analyze and review financial data and make recommendations. ▪ Prepare and maintain accurate reports and records.
▪ Reconcile differences within the record keeping system. ▪ Communicate effectively, both orally and in writing.
▪ Maintain great sensitivity with confidential information. ▪ Work well under pressure, meeting multiple and sometimes conflicting deadlines. ▪ Operate and use modern office equipment including a computer and applicable software, including specialized financial software.
▪ Follow workplace safety procedures and policies.
▪ Prioritize, organize, assign, review, and coordinate the work of accounting, clerical and technical personnel.
▪ Work independently and as an effective member of a team. ▪ Know and understand all aspects of the job; intermittently analyze work papers, reports, and special projects; identify and interpret technical and numerical information; observe and solve operational problems and technical policy and procedures.

PREFERRED QUALIFICATIONS
A bachelor’s degree in accounting, finance or a related field and three (3) years of increasingly responsible experience in a municipal government or similar public agency setting including Finance, Accounting, and Grants Administration. One year of experience in a supervisory capacity is preferred. A master’s degree in accounting, finance or a related field is preferred.

LICENSE AND CERTIFICATION REQUIREMENTS
▪ Valid California State driver’s license is required.
▪ Successful completion of a pre-employment background check is required. 420

WORKING CONDITIONS
The regular work schedule is generally Monday through Friday, 9/80 schedule. Work is primarily performed in an office which is busy, oriented to public service and subject to occasional work interruptions. Noise level is moderate. Frequent attendance at meetings before or after regular work hours is required.

PHYSICAL REQUIREMENTS
Continuous repetitive arm/hand movement is essential to performance. The incumbent in this position must be able to discern voice conversation, have the physical ability to perform essential job functions, and have hand-eye coordination sufficient to operate computers, do keyboarding and operate other office equipment.

The incumbent must have the ability to produce legible handwritten documents and may need to push, pull, lift and carry up to 20 pounds.

The City of Banning is an equal opportunity employer. All employees and candidates for employment will be recruited, selected, trained, promoted, compensated and, if necessary, disciplined or terminated without regard to sex/gender, race, national origin, religion, creed, color, marital status, veteran status, age, national origin, pregnancy, sexual orientation, gender identity, disability, genetic information or any other basis prohibited by law.

While requirements may be representative of minimum levels of knowledge, skills and abilities to perform this job successfully, the incumbent will possess the abilities or aptitudes to perform each duty proficiently. This job description does not constitute an employment agreement between the Employer and Employee and is subject to change as the needs of the Employer and requirements of the job change. 421

JOB DESCRIPTION
TITLE: Human Resources Director JOB CODE: 1210
DEPARTMENT: Human Resources & Risk Management EFFECTIVE DATE: 07/21/2004 ; updated 07/08/2025
REPORTS TO: City Manager FLSA STATUS: Exempt
SUPERVISES: Human Resources Manager, Senior Human
Resources Generalist, Human Resources Generalist &
Risk & Safety Analyst
UNION STATUS: Unrepresented,
Executive
SALARY: D01 ($155,361.93 TO $210,185.66)

JOB PURPOSE/SUMMARY
Under general direction of the City Manager, the Human Resources Director plans, organizes, manages, continuously improves, and provides administrative direction and oversight for the City’s human resources functions including labor relations, learning and development, recruitment, classification and compensation, benefits administration, employee performance evaluation, employee engagement and recognition, safety and regulatory compliance, and risk management, including the City’s insurance, loss control and benefits programs. The Director supervises a team of four and also serves as an individual contributor. The incumbent is designated as confidential and shall be appointed “at-will” and serve at the pleasure of the City Manager.

ABOUT THE CITY OF BANNING
The City of Banning is located in the San Gorgonio Pass area of Southern California. The community of over 30,000 people is diverse with income levels slightly lower than other areas of Riverside County. However, growth and development is occurring rapidly, which will create new jobs, increase the population and raise income levels. Our employees are the most important asset in preserving our Proud History, Creating a Prosperous Tomorrow, and in responding to the community’s needs. The City provides competitive salaries, outstanding benefits and professional growth opportunities.

CITY VISION
The City of Banning promotes and supports a high quality of life that ensures a safe and friendly environment, fosters new opportunities and provides responsible, fair treatment to all and is the pride of its citizens.

CORE VALUES
▪ Customer Service Excellence: We excel in what we do by staying responsive, flexible, patient, effective, and professional.
▪ Integrity: We are ethical, accountable and compliant with our responsibility to the public and community.
▪ Teamwork: We work together and maintain great communication and respect and foster a fun and enjoyable atmosphere to take pleasure in what we do.
▪ Yes-Minded: We recognize diversity and maintain a positive attitude to do all we can to serve the community in the safest and most responsible manner.
422

PERFORMANCE EXPECTATIONS
• Leadership: Contributes to a positive work culture consistent with the City of Banning Leadership Philosophy, actively welcomes new approaches to public service and supports change and process improvements at all levels within the organization. • Management: Able to independently assess and organize personal work performance while contributing to the overall organization.
• Teamwork: Demonstrates ability and willingness to work collaboratively with a team. • Communication: Communicates effectively with peers, supervisors, subordinates, and individuals to who service is provided.

ESSENTIAL FUNCTIONS
The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification. Shown are duties intended to provide a representative summary of the major duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position-specific duties.

REPRESENTATIVE DUTIES:
▪ Administers Memorandums of Understanding (MOU’s) and interacts with employee representatives and staff to interpret and explain provisions of the MOU terms within the context of Human Resources law.
▪ Represents the City in labor relations, negotiates labor contracts and ensures negotiated settlements are reduced to writing and incorporated into agreements. ▪ Researches procedures, methods and legislation relative to public employer-employee negotiations. ▪ Develops recommendations for appropriate procedure and emphasis on negotiations. ▪ Counsels and advises managers and supervisors on issues governed by the collective bargaining agreements.
▪ Oversees the operations of the Human Resources Department including recruitment/retention, drug testing, employee orientation and benefit administration. ▪ Reviews and evaluates the procedures and methods used in Human Resources relative to effective utilization of resources and compliance with state and Federal regulations. ▪ Develops, updates and administers personnel rules and administrative policies. ▪ Trains, supervises and evaluates performance of subordinate staff. ▪ Researches and resolves grievances and suggests disciplinary actions. ▪ Assists departments in personnel administration through interpretation, explanation and consultation of Human Resources management provision of laws, rules, policies and procedures. ▪ Conducts investigations related to policy violations and handles a variety of confidential issues. ▪ Performs critical personnel analysis and recommends solutions to complex issues and problems. ▪ Oversees Risk Management for the City, reviews and evaluates claims filed against the City to determine liability and potential settlement.
▪ Processes claims against responsible parties to obtain restitution and recovery. ▪ Manages workers’ compensation, outside legal issues and litigation costs for claims. ▪ Develops and monitors budget for payment of liability and workers’ compensation claims retained within the self-insured retention, including payments to vendors. ▪ Establishes general liability and workers’ compensation premium deposit rates and dividends based on recommendations and City policy.
▪ Purchases commercial insurance products for property, special events and employment practices. ▪ Performs other duties as assigned or required. Other duties as assigned.

KNOWLEDGE OF:
▪ City, county, state and Federal statutes, rules, regulations, ordinances, codes, administrative orders and other operational guidelines and directives.
▪ City's and the Department's policies and procedures.
▪ Management and/or supervision principles.
▪ Human resources practices and principles.
▪ Workers’ compensation claim processes, methods and procedures. 423
▪ Personnel, employee relations, workers’ compensation and benefit practices and principles. ▪ Structure, organization and interrelationships of City departments, agencies and related governmental agencies and offices affecting assigned functions. ▪ Current social, political and economic trends and operating problems of municipal government. ▪ Organizational and management practices as applied to the analysis and evaluation of programs, policies and operational needs.
▪ Rules and regulations governing public meetings.
▪ Sources of information related to a broad range of municipal programs, services and administration. ▪ Program and project management techniques and principles. ▪ Research methods and report preparation and presentation. ▪ Management practices in a union environment.
▪ Correct English usage, grammar, spelling, punctuation and vocabulary.

ABILITY TO:
▪ Reading, understanding, interpreting and applying relevant city, county, state and Federal statutes, rules, regulations, ordinances, codes, administrative orders, policies and procedures and other operational guidelines and directives.
▪ Assessing and prioritizing multiple tasks, projects and/or demands. ▪ Working within deadlines to complete projects and assignments. ▪ Establishing and maintaining effective working relations with co-workers, staff, vendors, contractors, visitors, the general public and others having business with the City of Banning. ▪ Develop short- and long-range goals, and plan, assign, coordinate and evaluate the work of subordinates.
▪ Analyze issues, evaluate alternatives and make logical recommendations based on findings. ▪ Administer program goals and objectives; implement initiatives and recommendations in support of department and City goals.
▪ Foster cooperative group processes and efficiently use resources; delegate tasks and workload assignments.
▪ Develop and monitor departmental and program/project operating budgets, costs and schedules. ▪ Assess and prioritize multiple tasks, projects and demands. ▪ Supervise, lead, coach and use best management practices to improve staff performance. ▪ Effectively administer a variety of city-wide programs. ▪ Interpret and apply city policies, procedures, laws and regulations. ▪ Support and model the identified vision, values and behaviors of the organization. ▪ Establish and maintain effective working relationships. ▪ Operate a personal computer utilizing a variety of standard and specialized software. ▪ Communicate effectively both orally and in writing.

PREFERRED QUALIFICATIONS
A bachelor’s degree in human resources management, business administration or a related field and seven (7) years of public sector human resources and risk management experience that includes five (5) years of management and/or supervision. A master’s degree in human resources, business or public administration is preferred.

LICENSE AND CERTIFICATION REQUIREMENTS
▪ Valid California State driver’s license is required.
▪ Must be bondable.
▪ Successful completion of a pre-employment background check is required. ▪ Certification from SHRM-CP or SHRM-SCP highly preferred.

WORKING CONDITIONS
The regular work schedule is generally Monday through Friday, 8 am to 5 pm. Work is primarily performed in an office which is busy, oriented to public service and subject to occasional work interruptions. Noise level is moderate. Frequent attendance at meetings before or after regular work hours is required.

PHYSICAL REQUIREMENTS
424
Continuous repetitive arm/hand movement is essential to performance. The incumbent in this position must be able to discern voice conversation, have the physical ability to perform essential job functions, and have hand-eye coordination sufficient to operate computers, do keyboarding and operate other office equipment. The incumbent must have the ability to produce legible handwritten documents and may need to push, pull, lift and carry up to 20 pounds.

The City of Banning is an equal opportunity employer. All employees and candidates for employment will be recruited, selected, trained, promoted, compensated and, if necessary, disciplined or terminated without regard to sex/gender, race, national origin, religion, creed, color, marital status, veteran status, age, national origin, pregnancy, sexual orientation, gender identity, disability, genetic information or any other basis prohibited by law.

While requirements may be representative of minimum levels of knowledge, skills and abilities to perform this job successfully, the incumbent will possess the abilities or aptitudes to perform each duty proficiently. This job description does not constitute an employment agreement between the Employer and Employee and is subject to change as the needs of the Employer and requirements of the job change. 425

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: David Newell, Community Development Director MEETING DATE: July 8, 2025
SUBJECT: Consideration of Resolution 2025-105, Rescinding City Council Resolution 2025-59, Resolution 2025-60, and Ordinance 1609 for Approvals Related to an Industrial Development Consisting of 1,320,284- Square Foot Warehouse Building on Approximately 131.28-Acres of Vacant Land Generally Located East of Hathaway Street and North of Interstate 10
RECOMMENDATION:

Adopt Resolution 2025-105.

BACKGROUND:

On May 27, 2025, the City Council took the following actions related to the Banning Commerce Center Project, a proposed industrial development consisting of a 1.3-million-square foot building on 131 acres of land generally located east of Hathaway Street and north of the Interstate 10 freeway:

Resolution 2025-59: Approving the Project Design Review application Case PLN 21-7017 and Tentative Parcel Map application TPM 38576.

Resolution 2025-60: Certifying the Final Environmental Impact Report (EIR) and adopting findings and a Mitigation Monitoring and Reporting Program (MMRP) pursuant to CEQA.

Ordinance 1609: Approving a Development Agreement by and between the City and Sansone Group/JDNJ Enterprises, LLC, to establish terms and obligations for both parties related to PLN 21-7017, TPM 38576 and infrastructure on- and off-site.

Following the Council's decision on the above, the City received a letter from the Center for Biological Diversity on June 11, 2025, asserting that the City failed to provide notice of the Notice of Decision (NOD) for the Project EIR as required by CEQA. The letter claims that the group was not notified in accordance with CEQA's requirements for agencies, organizations, and individuals who have requested notice or are otherwise entitled to receive it under State law. Staff reviewed the City’s noticing and distribution procedures and determined that due to an administrative oversight, the group did not receive a copy of the NOD notice. To cure this procedural defect and mitigate any legal risk associated with the approval of the project, staff recommends rescinding the three actions and conducting the noticing and hearing process in full compliance with CEQA. This action will preserve the City’s transparency and commitment to robust public participation and environmental review.

JUSTIFICATION:

The Project applicant requested the Council rescind the prior approvals and consider the project applications as a separate matter, allowing the commentor the opportunity to provide comments on the project.
426
FISCAL IMPACT:

None.

ALTERNATIVES:

Do not adopt the proposed resolution and provide alternative direction.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Council Draft Resolution 2025-105 Rescission of Approvals

2. Center for Biological Diversity Letter 2025.6.11
427
Resolution 2025-105

RESOLUTION 2025-105

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

RESCINDING ITS DECISIONS ON ENTITLEMENT APPLICATIONS FOR A PROPOSED INDUSTRIAL DEVELOPMENT CONSISTING OF A 1,320,284-SQUARE FOOT BUILDING ON 131.28-ACRES OF VACANT LAND LOCATED GENERALLY EAST OF HATHAWAY STREET AND NORTH OF THE INTERSTATE 10 (PROJECT), INCLUDING CITY COUNCIL RESOLUTION 2025-59 APPROVING THE DESIGN REVIEW AND TENTATIVE PARCEL MAP APPLICATIONS, RESOLUTION 2025-60 CERTIFYING THE PROJECT EIR AND CEQA FINDINGS AND ORDINANCE 1609 APPROVING A DEVELOPMENT AGREEMENT FOR THE PROJECT.

WHEREAS, Sansone Group submitted applications for a Design Review (Case DR 2021- 7017), Tentative Parcel Map (Case TPM 38756), and Development Agreement with the City of Banning, for the development of industrial uses within a proposed 1,320,204-square foot building on a 131.28-acre project site located north of I-10 Freeway/East Ramsey Street, East of N.

Hathaway Street, and bisected by Wilson Street on Assessor’s Parcel Numbers (APNs) 532-030- 008, 532-030-009, 532-080-008, 532-080-010, 532-090-026, 532-090-028, 532-090-030, 532- 110-015 (collectively, the "Project" or “Banning Commerce Center Project”); and WHEREAS, on May 27, 2025, the City Council took the following actions related to the Banning Commerce Center Project:
 Resolution 2025-59: Approving the Project Design Review application Case PLN 21-7017 and Tentative Parcel Map application TPM 38576.
 Resolution 2025-60: Certifying the Final Environmental Impact Report (EIR) and adopting findings and a Mitigation Monitoring and Reporting Program (MMRP) pursuant to the California Environmental Quality Act (CEQA).
 Ordinance 1609: Approving a Development Agreement by and between the City and Sansone Group/JDNJ Enterprises, LLC, to establish terms and obligations for both parties related to PLN 21-7017, TPM 38576 and infrastructure on- and off-site (all of the forgoing collectively the “Approvals”).

WHEREAS, following the Council's decision on the above, the City received a letter from the Center for Biological Diversity on June 11, 2025, asserting that the City failed to provide notice of the Notice of Decision (NOD) for the Project EIR as required by CEQA. The letter claims that the group was not notified in accordance with CEQA's requirements for agencies, organizations, and individuals who have requested notice or are otherwise entitled to receive it under State law.

Staff reviewed the City’s noticing and distribution procedures and determined that due to an administrative oversight, the group did not receive a copy of the NOD notice.

WHEREAS, to cure this procedural defect and mitigate legal risk associated with the approval of the project , on July 8, 2025, the applicant requested the City Council reconsider this matter at a public meeting and offer another opportunity for members of the public to submit comments, evidence and other information relating to the Banning Commerce Center Project Approvals.

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

SECTION 1. RECITALS. The foregoing recitals are true and correct and are incorporated herein by this reference.
428
Resolution 2025-105

SECTION 2. RESCISSION OF DECISIONS. Based on the foregoing, the City Council hereby rescinds the following City Council Approvals: Resolution 2025-59, Resolution 2025-60, and Ordinance 1609.

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 8th day of July, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

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

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
429
Resolution 2025-105

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-105, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 8th day of July, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
430
June 11, 2025
Sent via email
David Newell
City of Banning
99 E Ramsey Street
Banning, CA 92220
951-922-3100
Re: Banning Commerce Center Project SCH # 2022090102 Notice of Decision Dear Mr. Newell,
I write to inform you that the City of Banning (“City”) failed to notify the Center for Biological Diversity (“Center”) regarding the City’s decision to approve the Banning Commerce Center Project SCH # 2022090102 (“Project”) and subsequent publication of a Notice of Decision (“NOD”) on May 27, 2025. This failure deprived the Center of the opportunity to appeal the decision and violates the California Environmental Quality Act’s clear mandates to provide notice to interested parties.

The Center is a non-profit, public interest environmental organization dedicated to the protection of native species and their habitats through science, policy, and environmental law.

The Center has over 1.7 million members and online activists throughout California and the United States. The Center has worked for many years to protect imperiled plants and wildlife, open space, air and water quality, and overall quality of life for people in Riverside County. The Center frequently participates in environmental review for development projects in California and submits comment letters throughout the CEQA environmental review process.

The Center engaged throughout the environmental review process for the Project. On October 3, 2022, the Center submitted comments on the NOP and asked to be placed on the notice list. (Exhibit A.) On August 1, 2024, the Center submitted comments on the DEIR and again asked to be placed on the notice list. (Exhibit B.) On February 10, 2025, the Center emailed the City with an updated mailing address and a request that the City provide notice of any updates to the Project at the new address. (Exhibit C.) On May 27, 2025, the City made a final decision on the Project and released an NOD, but did not notify the Center or any staff members. To date, the City has not provided the Center with notice of any Project developments, including the publication of the FEIR, nor has the City explained why it failed to provide notice.

The City has no apparent justification for the failure to provide notice. 431
The California Environmental Quality Act (“CEQA”) requires that lead agencies provide notice to the name and last known address of all individuals and organizations that have previously made a written request for such notice. (Pub. Resources Code, 21080.4, subd. (a), 21092.2, subd. (a), 21167, subd. (f); CEQA Guidelines 15082, subd. (a).) The Center has made three written requests. By failing to notify the Center, the City has deprived the Center of its right to participate in the process.

Approving the Project with deficient notice is violation of CEQA. (Pub Resources Code 21167 subd. (f). See Organizacion de Comunidad de Alviso v City of San Jose (2021) 60 CA5th 783, 793.) The Center requests that the City recirculate the NOD and reopen the appeal period for at least 15 days in order to give the Center—and any other potentially interested parties who were not notified of the document’s availability—time to review the decision.

Given the possibility that the Center will be required to pursue legal remedies to ensure that the City complies with its legal obligations including those arising under CEQA, we would like to remind the City of its statutory duty to maintain and preserve all documents and communications that may constitute part of the “administrative record” of this proceeding. (§ 21167.6(e); Golden Door Properties, LLC v. Superior Court (2020) 53 Cal.App.5th 733, 762-

65.) The administrative record encompasses any and all documents and communications that relate to any and all actions taken by the City with respect to the Project, and includes “pretty much everything that ever came near a proposed [project] or [] the agency’s compliance with CEQA . . . .” (County of Orange v. Superior Court (2003) 113 Cal.App.4th 1, 8.) The administrative record further includes all correspondence, emails, and text messages sent to or received by the City’s representatives or employees, that relate to the Project, including any correspondence, emails, and text messages sent between the City’s representatives or employees and the Applicant’s representatives or employees. Maintenance and preservation of the administrative record requires that, inter alia, the City (1) suspend all data destruction policies; and (2) preserve all relevant hardware unless an exact replica of each file is made.

We request a response to this letter. Please direct your response to me at the email listed below and do not hesitate to call me with any questions.

Sincerely,
Frances Tinney
Attorney
Center for Biological Diversity
2100 Franklin St., Suite 375
Oakland, CA 94612
(509) 432-9256
[email protected]
432

EXHIBIT A
433
October 3, 2022
Sent via email
Adam B. Rush, M.A., AICP, Director
Community Development Department
99 E. Ramsey Street
Banning, CA 92220
(951) 922-3131 | Fax: (951) 922-3128
[email protected]
RE: Comments on Notice of Preparation of an Environment Impact Report for the Banning Commerce Center Project, SCH # 2022090102
Mr. Rush,
These comments are submitted on behalf of the Center for Biological Diversity (“the Center”) regarding the Notice of Preparation of an Environmental Impact Report (“EIR”) for the Banning Commerce Center Project (“the Project”). The Center urges the City to undertake a thorough and comprehensive environmental review of the Project as required under the California Environmental Quality Act (“CEQA”), prior to considering approval. By replacing open space and riparian habitat with 1.3 million square feet of warehouses, the Project will increase traffic and criteria pollutant and greenhouse gas emissions, as well as harm riparian habitat that likely supports many wetlands species. (See Notice of Preparation (hereinafter “NOP”) at 1, Initial Study (“IS”) at 24-25.) The EIR must fully disclose and analyze the Project’s potential impacts to sensitive species and habitat, air quality, greenhouse gas emissions, traffic, and water quality while thoroughly analyzing all reasonable alternatives, and then must provide effective and enforceable mitigation measures for impacts found to be significant.

The Center is a non-profit, public interest environmental organization dedicated to the protection of native species and their habitats through science, policy, and environmental law.

The Center has over 1.7 million members and online activists throughout California. The Center has worked for many years to protect imperiled plants and wildlife, open space, air and water quality, and overall quality of life for people in Banning and Riverside County.

Under CEQA, an EIR must provide decision-making bodies and the public with detailed information about the effect a proposed project is likely to have on the environment, list ways in which the significant effects of a project might be minimized, and indicate alternatives to the project. (Pub. Res. Code § 21002.2.) The proposed Project will build a high-traffic warehouse facility on 130 undeveloped acres that contain a creek and surrounding wetlands. (NOP at 1-2.) 434
October 3, 2022

The EIR must fully disclose the impacts of this land use change, so that the public can fully understand the publicly born costs associated with the Project.

I. The EIR Must Adequately Assess and Mitigate the Project’s Impact on Biological Resources.

A. The proposed Project will have significant impacts on special-status species and species covered by the Western Riverside County Multiple Species Habitat Conservation Plan.

CEQA requires that an EIR provide decision-making bodies and the public with detailed information about the effect a proposed project is likely to have on the environment. (Pub. Res.

Code § 21061.)
The EIR must adequately assess and mitigate impacts to special-status species that are known to occur, have the potential to occur, or historically occurred in and near the Project area.

Although the IS mentions several special-status species that have been documented in the California Natural Diversity Data Base (CNDDB), the IS only looks at occurrences within one mile of the Project site. The search should be expanded to five miles, as is what is commonly provided in EIRs. In addition, occurrence data from other sources should also be consulted, including but not limited to iNaturalist, eBird, and the Global Biodiversity Information Facility (GBIF). CNDDB records are important to consider when assessing existing conditions and a Project’s potential impacts; however, the records are limited because they rely on field biologists voluntarily submitting data to the California Department of Fish and Wildlife (CDFW). CDFW must then add such data to the database, which can take time and result in delay. In addition, the database may be biased toward species that receive more survey effort. The lack of occurrence data (in CNDDB or otherwise) does not equate to a species being absent from the area, as the species may be present but evade observation. If suitable habitat is present in or near the Project area, then it must be assumed that the species occurs, has the potential to occur, or historically occurred in the area.

The IS fails to mention several key special-status species that may occur in the Project area, including but not limited to mountain lions (candidate threatened species under the California Endangered Species Act (CESA) and an MSHCP-covered species), western spadefoot toads (species of special concern (SSC) and an MSHCP-covered species), arroyo toad (SSC and an MSHCP-covered species), American badger (SSC and an MSHCP-covered species), coast range newt (SSC and an MSHCP-covered species), Aguanga kangaroo rat (an MSHCP-covered species), and likely others. The EIR should include analyses of the Project’s potential impacts to these species through extensive literature reviews and targeted species and habitat surveys conducted using CDFW and/or US Fish and Wildlife Service (USFWS) guidelines and protocols.

Movement studies should also be conducted, particularly for wide-ranging species like mountain lions, coyotes, and American badgers.

Of particular importance are local mountain lions, which are within the Southern California and Central Coast Evolutionarily Significant Unit (ESU) that is currently a candidate threatened species under CESA. There is ample scientific evidence that indicates mountain lion 435
October 3, 2022

populations in and around the Project area are struggling to survive and that human activities and land use planning that fail to integrate adequate habitat connectivity can have adverse impacts on mountain lions. Continued habitat loss and fragmentation has led to 10 genetically isolated populations within California. There are six identified mountain lion populations in the ESU, and several are facing an “extinction vortex” due to high levels of inbreeding, low genetic diversity, and high human-caused mortality rates from car strikes on roads, depredation kills, rodenticide poisoning, poaching, disease, and increased human-caused wildfires. (Benson et al., 2016, 2019; Ernest et al., 2003, 2014; Gustafson et al., 2018, 2021; Riley et al., 2014; Vickers et al., 2015).

The primary driver of this extinction vortex is lack of connectivity. (Yap et al., 2019).

The Project area is located between the San Gabriel/San Bernardino (SGSB) population and the Eastern Peninsular Range (EPR) population, and the Santa Ana Mountains (SAM) population is nearby to the southwest. Scientists have documented physical and reproductive signs of inbreeding depression in local mountain lions (from the EPR and Santa Ana mountains, as well as the nearby Central Coast South [i.e. Santa Monica Mountains]) due to being boxed in by roads and development (Huffmeyer et al., 2021). Researchers have found that, of the California mountain lion subpopulations, the SGSB population has the smallest effective population size and the smallest area of available habitat (Dellinger et al., 2020; Gustafson et al., 2021). Scientists suggest that the SGSB population “may be approaching levels of genetic drift and inbreeding similar to the well-monitored and genetically depauperate Santa Ana and Central Coast South populations (Ernest et al., 2014; Gustafson et al., 2017; Riley et al., 2014)” (Gustafson et al., 2021), which are predicted to have a 99% chance of becoming locally extinct within 50 years if inbreeding depression continues. (Benson et al., 2019). This emphasizes the importance of protecting the remaining SGSB population, specifically through maintaining and enhancing connectivity among and between the subpopulations.

The proposed Project has the potential to amplify the barrier effects of I-10, especially given the Project’s proximity to a critical riparian corridor (San Gorgonio River) with an undercrossing that has the best vegetation cover to support mountain lion movement between the San Jacinto and San Bernardino mountains. The proposed Project could degrade this important connectivity area and drive the SGSB, EPR, and SAM puma populations towards extinction.

The EIR must consider that the Project’s impacts to mountain lions (and other specialstatus species and sensitive habitats) extend beyond its physical footprint. Ample evidence documents the effects of human activity on mountain lions. One study found that mountain lions are so fearful of humans and noise generated by humans that they will abandon the carcass of a deer and forgo the feeding opportunity just to avoid humans (Smith et al., 2017). The study concluded that even “non-consumptive forms of human disturbance may alter the ecological role of large carnivores by affecting the link between these top predators and their prey” (Smith et al., 2017). In addition, mountain lions have been found to respond fearfully upon hearing human vocalizations, avoiding the area and moving more cautiously when hearing humans (Smith et al., 2017; Suraci et al., 2019). Other studies have demonstrated that mountain lion behavior is negatively affected when exposed to other evidence of human presence, such as lighting or vehicles/traffic (Smith et al., 2015; Wang et al., 2017; Wilmers et al., 2013). Therefore, both physical and behavioral barriers drive genetic isolation, and continued land use that further fragments mountain lion habitat in the region without adequately minimizing impacts to 436
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functional connectivity, will drive pumas in the area to extinction. The Project will result in increased traffic, light, noise, etc. in an important connectivity area between the San Bernardino and San Jacinto mountains, where mountain lions are known to occur and are known to be struggling. The Project will significantly impact how mountain lions navigate the landscape by fortifying existing human-made barriers and decreasing opportunities for them to move between mountain ranges.

Yovovich et al. (2020) further documented the impacts of human activities on local mountain lions, specifically on communication and reproductive behaviors important for their survival. Males use scrapes to delineate territories as well as attract potential mates (Allen et al., 2015, 2016), and the males in the study preferred to use relatively flat areas away from human influence as scrape habitat (Yovovich et al., 2020). Similarly, when nursing females (with kittens less than 8 weeks old) shrank their home ranges to an average of 9 km2 while their young were most vulnerable, they also selected undeveloped lands away from human disturbance, opting for habitat with protective cover and sufficient water and prey availability (Yovovich et al., 2020).

The loss of adequate undisturbed communication and nursery habitat could disrupt important communication and reproductive behaviors that facilitate social structure and overall survival.

In a study that investigated the drivers of fine-scale movement decisions by pumas in fragmented landscapes in the Santa Cruz Mountains, Suraci et al. (2020) identified that mountain lions prefer larger habitat patches that are closer together and further away from buildings, and they preferred shrub over tree patches. However, mountain lions were willing to accept higher densities of anthropogenic features if target habitat patch areas were larger or the distance between patches was shorter (Suraci et al., 2020). In addition, pumas were found to travel longer distances through open habitats to access larger habitat patches, perhaps for more protective cover and/or for better hunting opportunities within the larger habitat patch areas (Suraci et al., 2020). These findings corroborate those of Smith et al. (2019), which found that pumas are able to move through partially developed habitat, though they are less likely to move through parcels with higher densities compared to parcels with less dense housing in and around the parcels. In fact, puma avoidance increased sharply as housing density increased up to 41 houses/km2, after which avoidance remained high. Although these studies demonstrate that mountain lions have some tolerance of human presence, they mostly highlight the negative impacts of increased human use/density on the movement and survival of mountain lions and the importance of habitat connectivity among large, intact, heterogeneous habitat patches.

In addition, Riley et al. (2021) found that, although pumas had some flexibility to navigate urbanized landscapes, they spent more than 95% of their time away from developed areas and actively avoided open areas like golf courses, cemeteries, and other altered landscaped spaces. Mountain lions consistently selected native vegetation types with dense cover, like chaparral, riparian woodland, and coastal sage scrub, with shrublands being their preferred habitat. This highlights the importance of intact and connected natural heterogeneous landscapes to the long-term health and persistence of constrained mountain lion populations. The authors state, “An important requirement for the effective conservation of at‐risk mountain lion populations in southern California is preserving and enhancing connectivity between larger natural areas.” (Riley et al., 2021).
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Mountain lions are a key indicator species of wildlife connectivity and healthy ecosystems. As the last remaining wide-ranging top predator in the region, the ability to move through large swaths of interconnected habitat is vital for genetic connectivity and their longterm survival. In addition, impacts to mountain lions in the region could have severe ecological consequences; loss of the ecosystem engineer could have ripple effects on other plant and animal species, potentially leading to a decrease in biodiversity and diminished overall ecosystem function. Many scavengers, including California condors, kit foxes, raptors, and numerous insects, would lose a reliable food source (Barry et al., 2019; Ruth & Elbroch, 2014). Fish, birds, amphibians, reptiles, rare native plants, and butterflies would potentially diminish if this apex predator were lost (Ripple et al., 2014; Ripple & Beschta, 2006, 2008). In fact, a recent literature review found that mountain lions are important ecosystem engineers and have been documented to have ecological interactions with at least 485 plant and animal species (Labarge et al., 2022).

Adequate assessment and mitigation of the Project’s impacts to mountain lions is necessary to ensure their long-term survival as well as the long-term health of the area’s biodiversity and ecosystems.

Wildlife connectivity in this region is paramount for the survival of the Southern California mountain lions. Any project that does not adequately assess and address impacts to mountain lions and wildlife connectivity could lead to the extirpation of local mountain lions and severe loss of biodiversity and ecosystem function in the region. Further destruction of wildlife connectivity in the area will push local mountain lions closer towards extinction. See further discussion below regarding the DEIR’s requirement to adequately describe, assess, and mitigate impacts to wildlife movement and connectivity.

B. The proposed Project will have significant impacts on wildlife movement and habitat connectivity.

To comply with CEQA, the EIR must adequately disclose the existing conditions of the site and adequately assess and mitigate the Project’s impacts to wildlife connectivity. The Project is located within an area that has been identified as a “Special linkage area in the MSHCP” (the San Gorgonio River/San Bernardino-San-Jacinto Mountains Linkage)1, a “Conservation Planning Linkage” by CDFW, 2and a south coast missing linkage (San Bernardino-San Jacinto Connection) that is critical for connectivity between coastal and desert ecoregions (SC Wildlands, 2008). In addition, the adjacent segment of I-10 has been identified by CDFW as a “Priority Barrier to Habitat Connectivity,” particularly for mountain lion, black bear, and bobcat, where financial resources should be focused to improve wildlife movement (CDFW, 2020). It is located within the floodplain of the San Gorgonio River immediately adjacent to an undercrossing that has the best vegetation cover to support mountain lion movement between the San Jacinto and San Bernardino mountains. In fact, it is likely the last-chance connection between the SGSB and EPR puma populations. The proposed Project will result in habitat loss and edge effects due to increased human presence and activities (e.g., traffic, noise, light, etc.) 1 See Cores and Linkages within the MSHCP Conservation Area. Available at https://rctlma.org/Portals/0/mshcp/volume1/sec3.html#3.2.3 (Accessed September 28, 2022). 2 See CDFW Areas of Conservation Emphasis Version 3.0. Available at https://apps.wildlife.ca.gov/ace/ (Accessed September 28, 2022).
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that will further degrade this last-remaining connectivity and drive local puma populations towards extinction while harming other wildlife.

As detailed in a 2021 Center Report (Yap et al., 2021), roads and development create barriers that lead to habitat loss and fragmentation, which harms native wildlife, plants, and people. As barriers to wildlife movement, poorly-planned development and roads can affect an animal’s behavior, movement patterns, reproductive success, and physiological state, which can lead to significant impacts on individual wildlife, populations, communities, landscapes, and ecosystem function (Brehme et al., 2013; Ceia-Hasse et al., 2018; Haddad et al., 2015; Marsh & Jaeger, 2015; Mitsch & Wilson, 1996; Trombulak & Frissell, 2000; van der Ree et al., 2011). For example, habitat fragmentation from roads and development has been shown to cause mortalities and harmful genetic isolation in mountain lions in Southern California and along the Central Coast (Ernest et al., 2014; Gustafson et al., 2018, 2021; Riley et al., 2014; Saremi et al., 2019; Vickers et al., 2015). Habitat fragmentation has also been found to increase local extinction risk in amphibians and reptiles (Brehme et al., 2018; Cushman, 2006; Delaney et al., 2021), cause high levels of avoidance behavior and mortality in birds and insects (Benítez-López et al., 2010; Kantola et al., 2019; Loss et al., 2014), and alter pollinator behavior and degrade habitats (Aguilar et al., 2008; Goverde et al., 2002; Trombulak & Frissell, 2000).

Habitat fragmentation also severely impacts plant communities. An 18-year study found that reconnected landscapes had nearly 14% more plant species compared to fragmented habitats, and that number is likely to continue to rise as time passes (Damschen et al., 2019). The authors conclude that efforts to preserve and enhance connectivity will pay off over the longterm (Damschen et al., 2019). In addition, connectivity between high quality habitat areas in heterogeneous landscapes is important to allow for range shifts and species migrations as climate changes (Cushman et al., 2013; Heller & Zavaleta, 2009; Krosby et al., 2018). Loss of wildlife connectivity decreases biodiversity and degrades ecosystems while reducing climate change resilience.

Edge effects of development in and adjacent to critical linkage areas, like the proposed Project, will likely impact key, wide-ranging predators, such as mountain lions and bobcats (Crooks, 2002; Delaney et al., 2010; Lee et al., 2012; Riley et al., 2006; Smith et al., 2015, 2017; Vickers et al., 2015; Wang et al., 2017), as well as smaller species with poor dispersal abilities, such as song birds, small mammals, and herpetofauna (Benítez-López et al., 2010; Cushman, 2006; Delaney et al., 2010; Gray, 2017; Kociolek et al., 2011; Slabbekoorn & Ripmeester, 2008).

Limiting movement and dispersal can affect species’ ability to find food, shelter, mates, and refugia after disturbances like fires or floods. Individuals can die off, populations can become isolated, sensitive species can become locally extinct, and important ecological processes like plant pollination and nutrient cycling can be lost. Negative edge effects from human activity, such as traffic, lighting, noise, domestic pets, pollutants, invasive weeds, and increased fire frequency, have been found to be biologically significant up to 300 meters (~1000 feet) away from anthropogenic features in terrestrial systems (Environmental Law Institute, 2003).

For example, field observations and controlled laboratory experiments have shown that traffic noise can significantly degrade habitat value for migrating songbirds (Ware et al., 2015).

Subjects exposed to 55 and 61 dBA (simulated traffic noise) exhibited decreased feeding 439
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behavior and duration, as well as increased vigilance behavior (Ware et al. 2015). Such behavioral shifts increase the risk of starvation, thus decreasing survival rates. A recent study also highlighted the detrimental impacts of siting development near open space. The study noted that “Anthropogenic noise 3 and 10 dB above natural sound levels . . . has documented effects on wildlife species richness, abundance, reproductive success, behavior, and physiology” (Buxton et al., 2017). The study further noted that “there is evidence of impacts across a wide range of species [] regardless of hearing sensitivity, including direct effects on invertebrates that lack ears and indirect effects on plants and entire ecological communities (e.g., reduced seedling recruitment due to altered behavior of seed distributors)” (Buxton et al. 2017). Moreover, human transportation networks and development resulted in high noise exceedances in protected areas (Buxton et al. 2017).

In addition, preliminary results from studies underway by researchers at UC Davis and University of Southern California, as well as those by other researchers, suggest that the light, noise, and other aspects of highways can have negative impacts on wildlife numbers and diversity near the highways (Shilling, 2020; Vickers, 2020). The researchers found a significant difference between species richness and species type (mammals), with lower richness and fewer species at crossing structures compared to background areas 1 km away from the roads (Shilling, 2020). They also found that as traffic noises surpassed 60 dBC, the number of visits by small to large mammals decreased, and most of the species in their study avoid traffic noise (Shilling, 2020). The proposed Project would increase human activity and traffic, thereby increasing noise, light, and other edge effects in this important connectivity area. The EIR must adequately assess and mitigate the proposed Project’s impacts, including its edge effects, on wildlife connectivity.

C. The proposed Project will have significant impacts on riparian wetland habitats.

The EIR must adequately assess the Project’s impacts to wetland habitats, including perennial and ephemeral riparian habitat that occur in and near the Project area. (CEQA Guidelines, Appendix G(IV)(c).) The Project area is located within the San Gorgonio River’s 100-year floodplain, and as mentioned in the IS, “According to the USFWS National Wetlands Inventory, the Project site is transected by Riverine habitat that is intermittent and potentially seasonally flooded” (IS at 24). Although the IS states that “Project development would potentially have significant impacts on sensitive natural communities and/or riparian habitats” (IS at 25), it then immediately contradicts itself, concluding that the Project “does not contain any wetlands” and therefore “would not adversely affect state or federally protected wetlands” (IS at 25).

A strong presumption in favor of studying an environmental impact is built into CEQA.

This presumption is reflected in what is known as the "fair argument" standard, under which an agency must study an impact in an EIR whenever substantial evidence in the record supports a fair argument that a project may have a significant effect on the environment. (Quail Botanical Gardens Found., Inc. v City of Encinitas (1994) 29 Cal.App.4th 1597, 1602; Friends of "B" St. v City of Hayward (1980) 106 Cal.App.3d 988, 1002.)
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There is substantial evidence sufficient to support a fair argument that impacts to ephemeral waterways could occur and thus should be studied in the EIR. USFWS has identified the Project site as riverine habitat, which includes perennial and ephemeral riparian habitat and extends to the outer limits of where any stream braiding occurs. (IS at 24, USFWS 1992.) Development may impact this habitat and thus the effects of such development must be studied in the EIR.

Riparian ecosystems have long been recognized as biodiversity hotspots performing important ecological functions in a transition zone between freshwater systems and upland habitats. Many species that rely on these aquatic habitats also rely on the adjacent upland habitats (e.g., riparian areas along streams, floodplains, and habitat adjacent to wetlands). In fact, 60% of amphibian species, 16% of reptiles, 34% of birds and 12% of mammals in the Pacific Coast ecoregion depend on riparian-stream systems for survival (Kelsey and West 1998). While many species use riparian areas as live-in habitat, wide-ranging species like mountain lions, bears, and bobcats often use riparian areas as migration corridors or foraging habitat (Dickson et al, 2005; Hilty & Merenlender, 2004; Jennings & Lewison, 2013; Jennings & Zeller, 2017).

Recent scientific literature states that “[i]n many intermittent streams, remnant pools persist after flow ceases and provide refuge for aquatic organisms” (Bogan et al., 2019). The researchers found that remnant pools at nearby Coyote Creek “supported a full assemblage of native fishes and numerous imperiled taxa, including California red‐legged frogs (CRLF) and California floater mussels,” almost all of which were absent from artificially perennial and urbanized reaches of Coyote Creek (Bogan et al., 2019). The researchers concluded:

Remnant pools in intermittent streams should be a focus of conservation efforts in regions with a Mediterranean climate, especially during extreme droughts. Native fauna adapted to harsh intermittent flow regimes can thrive in these habitats, whereas non‐native taxa may fare poorly. Furthermore, remnant pools supported by deep groundwater sources, such as those along geological faults, may provide both ecological refuge and evolutionary refugia for freshwater biota. (Bogan et al., 2019) Hydroperiod diversity is important for native amphibian population stability. Intermittent and ephemeral habitats are important refugia from invasive fish and American bullfrogs that outcompete and prey upon native amphibians in permanent waterbodies. They may also be important refuge and recovery sites for native amphibian species after extreme drought. Many native amphibian species that occur or have the potential to occur in or near the Project area, like western spadefoot toads, arroyo toads, and coast range newts, are adapted to successfully reproduce in seasonally-drying wetlands, including intermittent streams and vernal pools. But during dry years some species may go to permanent waterbodies to breed while species with long-lived adult forms may be able to recover quickly from a skipped breeding season. Although amphibian population declines due to drought have been observed, these adaptations make them more resilient than invasive species to rebound and recover (Moss et al., 2021). In fact, researchers have found that invasive fish and bullfrogs were extirpated from several permanent ponds that had completely dried out during extreme drought, which, once refilled with water, 441
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opened up new sites for native species to re-colonize (Moss et al., 2021). This suggests that conserving intermittent and ephemeral waterways is vital for native amphibians to persist, particularly in areas where invasive species may occur or have the potential to occur. As climate change intensifies, preservation of connected habitats with diverse hydroperiods is vital for the persistence and metapopulation dynamics of native amphibians. The EIR must adequately assess and mitigate the Project’s impacts to perennial and ephemeral waters and the wildlife plants that they support.

With the driest 22-year period in 1,200 years in the western US and drought conditions that will likely continue (Williams et al., 2022) climate change refugia and resilience provided by ecosystems like riparian areas will be ever more critical for species survival and ecosystem health. As discussed in a 2021 Center report (Yap et al., 2021):

Climate change is worsening ecosystem stress and species extinction risk (Trisos et al., 2020). Increasing variability and extremes in temperature, wind, and precipitation are all products of a warming climate, leaving species struggling to adapt. As a result, species’ genes are changing, physiological and physical features such as body size are changing, ranges are shifting as species try to maintain a suitable climate space, and numerous species are expressing new breeding and migration behaviors (Scheffers et al., 2016).

For example, some plants are budding and flowering earlier, some marine and freshwater fishes are spawning either earlier or later, and some species with temperature-dependent sex determination are experiencing shifts in sex ratios.

Climate-related local extinctions have already occurred in hundreds of plant and animal species (Wiens, 2016). And one study found that terrestrial bird and mammal populations that are experiencing greater climate warming are more likely to be experiencing greater population declines (Spooner et al., 2018).

Reportedly, climate change is already impacting 82% of key ecological processes that form the foundation of healthy ecosystems (Scheffers et al., 2016). If climate change goes unabated, more than one-third of all plant and animal species could become extinct in the next 50 years (Román-Palacios & Wiens, 2020).

Wildlife connectivity is critical for biodiversity resilience and climate change adaptability. A permeable landscape that has multiple pathways or linkages between habitat patches allows a wide variety of species to adjust to shifts in resource availability (Mcrae et al., 2012; Olson & Burnett, 2013; Pinto & Keitt, 2008). For smaller species with poor dispersal abilities, like San Francisco garter snakes, CRLF and San Bernardino kangaroo rats, multiple linkages can provide habitat while still allowing for their dispersal.

Multiple connections also help populations persist after extreme events worsened by climate change. During floods, landslides or wildfires, these pathways provide escape routes or refugia for animals seeking safety (Cushman et al., 2013; Mcrae et al., 2008; Olson & Burnett, 2013). Such events can cause local extinctions in small, isolated populations.
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Prior to roads and development severely fragmenting and degrading habitats, a species could persist because individuals from neighboring populations would be able to recolonize an area that experiences a local extinction. But without adequate connectivity, recolonization and species persistence are improbable.

California cannot afford to lose more riparian corridors. It is estimated that 90-95% of historic riparian habitat in the state has been lost (Bowler, 1989; Riparian Habitat Joint Venture, 2009). Using 2002 land cover data from CAL FIRE, the Riparian Habitat Joint Venture estimated that riparian vegetation makes up less than 0.5% of California’s total land area at about 360,000 acres (Riparian Habitat Joint Venture, 2004). This is alarming because riparian habitats perform a number of biological and physical functions that benefit wildlife, plants, and humans, and loss of what little is left will have severe, harmful impacts on special-status species, overall biodiversity, wildlife connectivity, and ecosystem function.

II. The EIR Should Carefully Assess and Mitigate the Project’s Impacts on Air Quality
The EIR must also carefully consider the effects of a project of this scale on air quality for local communities. Warehouse projects are well-documented sources of air quality degradation that can create serious, negative health outcomes for communities. (Betancourt et al. 4-5.) Particulate emissions from diesel vehicles that carry freight to and from warehouses contribute to “cardiovascular problems, cancer, asthma, decreased lung function and capacity, reproductive health problems, and premature death.” (Id. at 5.) Warehouses with refrigeration, called “cold storage” warehouses, produce even more air pollution and greenhouse gas emissions. (CARB 2022.) Refrigerated goods must be kept in cold environments to maintain quality, which requires that cold storage warehouses “continually consume[] energy, contrary to other type of warehouses.” (Dimitrov 2022.) With “cold storage” warehouses, trucks and trailers visiting the Project site are typically equipped with transport refrigeration units (TRU), internal refrigeration systems powered by diesel. TRUs on trucks and trailers can emit large quantities of diesel exhaust while operating within the Project site. (Wu 2013; Tassou 2009.)3 The surrounding area is a mix of open space, residential, and land belonging to the Morongo Band of Mission Indians. High-density affordable housing projects border the western and eastern boundaries of the Project site, with a large residential neighborhood to the west of the site. (Initial Study at 2, 20-21.) Hoffer Elementary School is within 1,500 feet of the Project site. (Ibid.) The Interstate 10 freeway runs along the southern edge of the Project.

A. The Initial Study Omits a Key Threshold of Significance The Initial Study omits a key threshold of significance from the EIR, which has the potential to obscure project impacts. The Initial Study draws its thresholds of significance from 3 This Project proposes to construct up to 1.3 million square feet (sf) of “speculative industrial” warehousing uses.

The NOP and IS fail to mention whether the Project will include refrigerated uses, which significantly drive up the air quality and greenhouse gas impacts. The EIR must disclose whether the Project will include refrigerated uses and then analyze the full slate of environmental impacts associated with those uses. 443
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“Appendix G”—the checklist of potentially significant environmental impacts included as an appendix to the CEQA Guidelines. (Initial Study at 18.) Appendix G contains five separate checklist questions regarding a proposed project’s air quality impacts. The Initial Study considers four air quality-related questions from Appendix G as its thresholds of significance, to define the scope of impacts. (Ibid.) But inexplicably, the Initial Study omits checklist question 2 (whether the Project would “[v]iolate any air quality standard or contribute substantially to an existing or projected air quality violation”). (Guidelines, App. G., subd. III(b).) This omission potentially forecloses consideration of the Project’s full impacts.

Although lead agencies have discretion in their choice of significance thresholds, they may not choose or apply them in a manner that downplays or overlooks potentially significant impacts. (See King & Gardiner Farms, LLC v. County of Kern (2020) 45 Cal.App.5th 814, 892- 894.) Given that the Project will have a potentially significant air quality impact by every metric identified, the EIR should consider whether the Project would violate any air quality standard or contribute substantially to an existing or projected air quality violation.

B. The EIR Must Study Cumulative Impacts and Conduct a Health Risk Assessment.

This community is already highly burdened by pollution. According to CalEnviroScreen

4.0, CalEPA’s screening tool that identifies the California communities most affected by pollution and where people are often especially vulnerable to pollution’s effects, the Project’s census tract is more polluted than 90% of the state’s census tracts, making it among the most polluted areas in the state. (OEHHA 2021.) Residents here suffer from some of the highest exposures statewide to ozone and lead in housing (97th and 91st percentiles, respectively). (Ibid.) The community also currently ranks 81st in the prevalence of poor traffic. Living near freeways already subjects residents to higher rates of asthma, heart attacks, strokes, lung cancer, and preterm births. (Barboza 2017.)4 Approving warehouse development here, which carries increased rates of asthma and cancer, would compound the community’s existing environmental health problems. (Esquivel 2019.) The EIR must pay careful attention to the cumulative impacts of additional air pollution in an area with a high existing pollution burden when drafting the EIR. An EIR must discuss the “cumulative impacts of a project when the project’s incremental effect is cumulatively considerable[.]” (14 CCR § 15130(a).) Even if a project only represents a relatively small contribution to a condition like poor air quality, the EIR must still assess the cumulative impacts of Project completion on unacceptable environmental conditions. (See Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 693, 728.) The Project’s effects on air quality should be considered in the context of existing industrial uses and pollution burdens on neighboring properties.
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4 https://www.latimes.com/projects/la-me-freeway-pollution/ 444
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C. The County Must Design the Project to Avoid These Impacts and Adopt Best Practice Mitigation Measures.

This Project will certainly add to and compound the environmental and health problems of people living in the area. The compounded risk of further contributing to air quality degradation in an area already so burdened should be carefully considered in the EIR and stringent mitigation measures should be adopted. (See California Office of Environmental Health Hazard Assessment.) Should the Project proceed, the Project should be designed to avoid serious harm to adjacent residents.

The California Office of the Attorney General has published a document entitled “Warehouse Projects: Best Practices and Mitigation Measures to Comply with the California Environmental Quality Act” to help lead agencies design warehouse projects to minimize and mitigate environmental harms. (AGO 2021.) It contains the following best practices for siting and designing warehouse facilities, along with recommended mitigation measures (not repeated here) that should be incorporated into the Project:
• Per CARB guidance, siting warehouse facilities so that their property lines are at least 1,000 feet from the property lines of the nearest sensitive receptors. • Creating physical, structural, and/or vegetative buffers that adequately prevent or substantially reduce pollutant dispersal between warehouses and any areas where sensitive receptors are likely to be present, such as homes, schools, daycare centers, hospitals, community centers, and parks.
• Providing adequate areas for on-site parking, on-site queuing, and truck check-in that prevent trucks and other vehicles from parking or idling on public streets. • Placing facility entry and exit points from the public street away from sensitive receptors, e.g., placing these points on the north side of the facility if sensitive receptors are adjacent to the south side of the facility. • Locating warehouse dock doors and other onsite areas with significant truck traffic and noise away from sensitive receptors, e.g., placing these dock doors on the north side of the facility if sensitive receptors are adjacent to the south side of the facility. • Screening dock doors and onsite areas with significant truck traffic with physical, structural, and/or vegetative barriers that adequately prevent or substantially reduce pollutant dispersal from the facility towards sensitive receptors. • Posting signs clearly showing the designated entry and exit points from the public street for trucks and service vehicles.
• Posting signs indicating that all parking and maintenance of trucks must be conducted within designated on-site areas and not within the surrounding community or public streets.

The effects the Project will have on the air quality in an area with a sizeable existing pollution burden must be fully and carefully considered in the EIR, and mitigation measures must be clearly described and adopted should this Project move forward. 445
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III. The EIR Should Assess and Mitigate the Impacts of the Project on Climate Change-Causing Greenhouse Gas Emissions
In addition to assessing the impact on traffic, the EIR should carefully consider the project’s effects on statewide goals for reducing greenhouse gas emissions. Where a project will generate greenhouse gas emissions either directly or indirectly, the EIR should describe the expected increase in emissions and discuss mitigation measures. (Sierra Club v. Gilroy City Council (1990) 222 Cal.App.3d 30, 41; Cleveland National Forest Foundation v. San Diego Association of Governments (2017) 17 Cal.App.5th 413, 430-34; Pub. Res. Code §§ 21002; 21083.5.) Major warehouse projects have the documented effect of substantially increasing construction, operation, and vehicle-related emissions, all of which produce climate changecausing greenhouse gases. (Betancourt et al. at 4-5; USEPA 2022.) The EIR must carefully and completely address both the impacts on emissions from construction and operation of the plant, and those from vehicle miles traveled by trucks transporting goods to and from the warehouse and commuting employees.

To mitigate the known environmental harms of warehouse projects, the EIR should identify specific measures that the developers will take to minimize any increase in greenhouse gas emissions caused by the Project. These measures should include sustainability measures, like ensuring roofs are white to minimize the need for air conditioning and including rooftop solar for energy production. (AGO 2021; Betancourt et al. at 6.) Moreover, the Project should incorporate features to minimize greenhouse gas emissions, like zero-emissions off-road vehicles and construction equipment, electric vehicle charging stations, and a plan to adopt zero-emissions heavy trucks. (AGO 2021; id.) Mitigation measures must be “fully enforceable through permit conditions, agreements, or other measures” so “that feasible mitigation measures will actually be implemented as a condition of development.” (Federation of Hillside & Canyon Ass’ns v. City of Los Angeles (2000) 83 Cal.App.4th 1252, 1261.) Mitigation measures should be designed so benefits are realized by the local community and could include funding zero emission public transit, solar installations on residential homes, or providing publicly accessible electric vehicle charging infrastructure.

Finally, the EIR must fully describe the greenhouse gases the warehouse’s construction will produce and outline all feasible mitigation measures that will be taken to address them.

Construction of such a large warehouse will require substantial quantities of construction materials, such as concrete. Cement and concrete manufacture is extremely energy intensive and produces a large amount of greenhouse gas emissions. (Masanet et al. at 89.) Concrete manufacturing accounts for roughly 3 percent of California’s greenhouse gas emissions. (Id.) This and other sources of greenhouse gas and particulate emissions—such as dust and emissions from heavy machinery used during construction—should be thoroughly examined and mitigated in the EIR.

IV. The EIR Must Adequately Assess and Mitigate the Project’s Impact on Local Traffic.

CEQA requires that the EIR fully assess the impact the construction of 1.3 million square feet of high cube warehouse facilities will have on transportation and traffic. (Pub. Res. Code § 446
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21099; NOP at 2.) During construction, all the materials, heavy machinery, and construction workers will need to drive through the community daily, potentially creating disruptive and unpredictable traffic patterns during construction. After completion, the Project will bring additional traffic to the area from trucks picking up goods and employees commuting to work in the warehouses. (Betancourt et al. at 4; Initial Study at 19, 61.) Trucks serving facilities often idle on public streets and clog local roads when warehouses are at capacity, creating traffic congestion and hazards to local drivers who depend on these roads. (See Betancourt at 5.) The City must assess how the traffic increases associated with this project will affect the species in the surrounding area. (Pub. Res. Code § 21099.) As discussed in later sections, traffic congestion can hurt air quality and harm habitat through generating waste that is carried into waterways through stormwater runoff. The potential harms of increased runoff should be carefully considered and mitigated in the EIR. Moreover, even if substantial increased congestion would not result from the Project, the EIR should assess the project’s impact on Vehicle Miles Traveled. (14 CCR § 15064.3(a).) Should the project substantially increase Vehicle Miles Traveled, the EIR should adopt reasonable mitigation measures, such as requiring the use of highly efficient or electric trucks to transport goods.

After assessing the Project’s impact on transportation and traffic, the EIR must fully comply with CEQA’s mandates for mitigating the harms associated with increased traffic in the area. Mitigation of a project’s environmental impacts is one of the “most important” functions of CEQA and it is the “policy of the state that public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures which will avoid or substantially lessen the significant environmental effects of such projects.” (Sierra Club v. Gilroy City Council (1990) 222 Cal.App.3d 30, 41; Pub. Res. Code § 21002.) Particular care should be taken to ensure that the traffic impacts of this project are fully assessed and mitigated, because there are already many warehouses drawing trucks to the area.

The Project should be designed to avoid congestion caused by truck staging on local roads and limit the number of trucks travelling during normal commuting hours to avoid serious harm to locals who rely on nearby roads. Moreover, the City must ensure the EIR includes mitigation for the traffic that construction of such a large project would likely cause.

V. The EIR Should Carefully Assess and Mitigate the Impacts of the Project on Water Quality
The EIR must adequately assess the Project’s effects on Hathaway creek, any surrounding wetlands and the riverine habitat located on the property, and connected bodies of water. (Initial Study at 24-25.) The United States Fish and Wildlife Survey National Wetlands Inventory identifies the Project site as transected by riverine habitat that can seasonally flood. (See Initial Study at 24.) This inquiry should detail at a minimum the municipal control over activities on privately held land, associated impacts on sensitive biological resources, habitat connectivity, and the efficacy of proposed mitigation measures.

First, mitigation measures for preserving the on-site riverine habitat should include adequate buffer zones between built features (like roads and buildings) and the habitat. The 447
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terrestrial land surrounding riverine habitat is essential for both preserving water quality by serving as a water filter and providing upland habitat for wetland-dwelling species. (Semlitsch & Bodie at 1220.) To ensure that riverine habitat and water quality are preserved, the EIR should ensure there are sufficient buffer zones surrounding Hathaway Creek and its wetlands to maintain the quality of the creek and surrounding wetlands.

Moreover, the EIR must detail long-term management plans for the creek and wetlands, as well as measures that will be taken to protect the creek from the long-term effects of operating warehouses nearby. Notably, there is evidence that roadway runoff produced by the vehicles that will be picking up and dropping off goods significantly contributes to water pollution. (See Nixon & Saphores at 1.) Sediments from construction and road erosion, oils from car operation, heavy metals from exhaust, and anti-freeze and other chemicals all can be carried into streams by stormwater runoff. (See Nixon & Saphores at 1-2; Shore Stewards.) Additionally, the construction of the warehouses on the property will likely leave behind significant quantities of loose sediment from grading and excavation that can runoff into water and significantly harm wetlands by increasing turbidity, which harms plant growth and destroys habitat for fish species. (See id. at 1-2; Shore Stewards.) Spoils from grading must be properly disposed of, and adequate erosion control and spill prevention measures should be implemented to avoid impacts to adjacent wetlands.

The EIR should fully detail the potential risks to water quality operation and construction of the warehouses may cause and adopt binding mitigation measures to minimize these harms.

VI. The EIR Must Thoroughly Consider Reasonable and Prudent Alternatives The EIR must present and consider “a range of reasonable alternatives . . . which would feasibly attain most of the basic objectives of the project” in order to facilitate “informed decision-making and public participation.” (14 CCR § 15126.6(a).) The EIR’s alternative analysis should assess the proposed size and location of the Project. The EIR should also assess whether there is sufficient need for another warehouse in this region. Importantly, even if alternatives are costly or would interfere with achievement of some of the project goals, they should be considered if they can substantially reduce the environmental harms of the project. (14 CCR §15126.6(b).) Moreover, the City should avoid adopting overly narrow project objectives to attempt to avoid a broad analysis of alternative mechanisms for achieving the Project’s purpose. (North Coast Rivers Alliance v. Kawamura (2015) 243 Cal.4th 647, 669.) VII. Other Impacts That Must Be Analyzed in the EIR
In addition to those issues raised above, the EIR must also thoroughly address a variety of other related issues. For example, the EIR must fully disclose and analyze the Project’s impacts on aesthetics and noise, and discuss alternatives and effective mitigation measures to avoid, reduce, and mitigate these impacts. Additionally, it is essential that the EIR consider the cumulative effects of the Project, such as air quality and traffic, in light of the many existing warehouses nearby. (See IS at 9-11.)
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VIII. Conclusion
Thank you for the opportunity to submit comments on the Notice of Preparation of an Environmental Impact Report for the Banning Commerce Center. The environmental effects of the Project will include direct and indirect impacts on biological resources, air quality, climate change, traffic, and water quality. Evaluation of each of these impacts as well as analysis of a reasonable range of alternatives and mitigation measures must be included in the EIR.

Given the possibility that the Center will be required to pursue legal remedies to ensure that the City complies with its legal obligations including those arising under CEQA, we would like to remind the City of its statutory duty to maintain and preserve all documents and communications that may constitute part of the “administrative record” of this proceeding. (§ 21167.6(e); Golden Door Properties, LLC v. Superior Court (2020) 53 Cal.App.5th 733, 762-

65.) The administrative record encompasses any and all documents and communications that relate to any and all actions taken by the City with respect to the Project, and includes “pretty much everything that ever came near a proposed [project] or [] the agency’s compliance with CEQA . . . .” (County of Orange v. Superior Court (2003) 113 Cal.App.4th 1, 8.) The administrative record further includes all correspondence, emails, and text messages sent to or received by the City’s representatives or employees, that relate to the Project, including any correspondence, emails, and text messages sent between the City’s representatives or employees and the Applicant’s representatives or employees. Maintenance and preservation of the administrative record requires that, inter alia, the City (1) suspend all data destruction policies; and (2) preserve all relevant hardware unless an exact replica of each file is made.

Please add the Center to your notice list for all future updates to the Project and do not hesitate to contact the Center with any questions at the number or email listed below.

Sincerely,
Hallie Kutak
Staff Attorney | Senior Conservation Advocate
Center for Biological Diversity
1212 Broadway, Suite #800
Oakland, CA 94612
[email protected]
Tel: (510) 844-7117
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